I 

115TH CONGRESS 

2D SESSION H. R. 5785 

To advance Black families in the 21st century. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2018 

Mr. RICHMOND (for himself, Mr. LEWIS of Georgia, Ms. NORTON, Ms. MAXINE WATERS of California, Mr. BISHOP of Georgia, Mr. CLYBURN, Mr. 

HASTINGS, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. RUSH, Mr. 

SCOTT of Virginia, Mr. THOMPSON of Mississippi, Ms. JACKSON LEE, 

Mr. CUMMINGS, Mr. DANNY K. DAVIS of Illinois, Mr. MEEKS, Ms. LEE, 

Mr. CLAY, Mr. DAVID SCOTT of Georgia, Mr. BUTTERFIELD, Mr. 

CLEAVER, Mr. AL GREEN of Texas, Ms. MOORE, Ms. CLARKE of New 

York, Mr. ELLISON, Mr. JOHNSON of Georgia, Mr. CARSON of Indiana, 

Ms. FUDGE, Ms. BASS, Ms. SEWELL of Alabama, Ms. WILSON of Florida, 

Mr. PAYNE, Mrs. BEATTY, Mr. JEFFRIES, Mr. VEASEY, Ms. KELLY of 

Illinois, Ms. ADAMS, Mrs. LAWRENCE, Ms. PLASKETT, Mrs. WATSON

COLEMAN, Mr. EVANS, Ms. BLUNT ROCHESTER, Mr. BROWN of Maryland, Mrs. DEMINGS, Mr. LAWSON of Florida, and Mr. MCEACHIN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government 

Reform, Financial Services, Transportation and Infrastructure, Ways and 

Means, Energy and Commerce, the Budget, Education and the Workforce, Science, Space, and Technology, Veterans’ Affairs, Homeland Security, Armed Services, Small Business, House Administration, and Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To advance Black families in the 21st century. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Jobs and Justice Act of 2018’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

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

DIVISION A—JOBS 

TITLE I—MAIN STREET MARSHALL PLAN 

Subtitle A—In General 

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

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

Sec. 1003. Sense of Congress on infrastructure spending. 

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

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

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

funds. 

Sec. 1007. Highway projects. 

Sec. 1008. Public transportation projects. 

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

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

Sec. 1011. Definitions. 

Sec. 1012. Purpose and reservation. 

Sec. 1013. Allocation to States. 

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

Sec. 1015. Annual report on grant program. 

Sec. 1016. Authorization of appropriations. 

Sec. 1017. School infrastructure bonds. 

Sec. 1018. Expansion of qualified zone academy bonds. 

Sec. 1019. Annual report on bond program. 

Sec. 1020. Allowable uses of funds. 

Sec. 1021. Prohibited uses. 

Sec. 1022. Green practices. 

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

Sec. 1024. Comptroller General report. 

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

Sec. 1026. Development of data standards. 

Sec. 1027. Information clearinghouse. 

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

Subtitle B—Building Resiliency 

Sec. 1201. Definitions. 

Sec. 1202. Community Resilience Grant Program. 

Sec. 1203. National Research Center for Resilience. 


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Sec. 1204. Annual programs report. 

Sec. 1205. GAO reports. 

Sec. 1206. Funding. 

TITLE II—POVERTY 

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

Sec. 2002. Sense of the Congress. 

Sec. 2003. Findings. 

Sec. 2004. Definitions. 

Sec. 2005. Applications. 

Sec. 2006. Demonstration authority; annual grants. 

Sec. 2007. Reserve fund. 

Sec. 2008. Eligibility for participation. 

Sec. 2009. Deposits by qualified entities. 

Sec. 2010. Regulations. 

Sec. 2011. Annual progress reports. 

Sec. 2012. Sanctions. 

Sec. 2013. Evaluations. 

Sec. 2014. Costs of training qualified entities. 

Sec. 2015. Waiver authority. 

Sec. 2016. Authorization of appropriations. 

Sec. 2017. Conforming amendments. 

Sec. 2018. General effective date. 

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

TITLE III—WORKFORCE DEVELOPMENT 

Sec. 3001. Job skills training for older individuals. 

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

groups. 

Sec. 3003. Youth and summer jobs. 

Sec. 3004. YouthBuild program. 

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

Sec. 3006. Teacher recruiting. 

Sec. 3007. Recidivism reduction working group. 

Sec. 3008. Commendable release program. 

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

Sec. 3010. Entrepreneurship apprenticeships. 

Sec. 3011. Expansion of eligible programs. 

Sec. 3012. Model standards and guidelines for credentialing environmental 

health workers. 

Sec. 3013. Environmental health workforce development plan. 

Sec. 3014. Environmental health workforce development report. 

Sec. 3015. Public service loan forgiveness. 

Sec. 3016. Definitions. 

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

Sec. 3018. GAO study. 

Sec. 3019. Contents of study. 

Sec. 3020. Report. 

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

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

Sec. 3023. Grants for provision of transition assistance to members of the 

Armed Forces recently separated from active duty service. 


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

Sec. 3025. Findings. 

Sec. 3026. Authorization of appropriations. 

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

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

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

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

Sec. 3031. Labor standards. 

Sec. 3032. Privacy. 

Sec. 3033. Innovation and learning. 

Sec. 3034. Evaluation and reports. 

Sec. 3035. Definitions. 

Sec. 3036. Minimum wage increases. 

Sec. 3037. Tipped employees. 

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

Sec. 3039. Publication of notice. 

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

Sec. 3041. General effective date. 

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

history. 

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

Sec. 3044. Findings and purpose. 

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

Sec. 3046. Sense of Congress. 

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

States businesses. 

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

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

Sec. 3050. Expansion of authority for noncompetitive appointments of military 

spouses by Federal agencies. 

Sec. 3051. Report on mechanisms to increase participation in Department of 

Defense contracts of firms with programs to employ military 

spouses. 

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

military spouses. 

Sec. 3053. Military family childcare matters. 

Sec. 3054. Expansion of period of availability of Military OneSource program 

for retired and discharged members of the Armed Forces and 

their immediate families. 

Sec. 3055. Transition assistance for military spouses. 

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

military families. 

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

Sec. 3058. Report on assessment of frequency of permanent changes of station 

of members of the Armed Forces on employment among military spouses. 

TITLE IV—HEALTH 

Sec. 4001. Study on the uninsured. 

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


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Sec. 4003. Critical access hospital improvements. 

Sec. 4004. Community health center collaborative access expansion. 

Sec. 4005. Improving opportunity diaper distribution demonstration project. 

Sec. 4006. Findings. 

Sec. 4007. Findings. 

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

TITLE V—SMALL BUSINESS 

Sec. 5001. Direct loans to small business concerns. 

Sec. 5002. Pilot program to fund local incubators. 

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

Sec. 5004. Expanding broadcast ownership opportunities. 

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

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

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

Sec. 5008. Minority and disadvantaged business participation. 

Sec. 5009. Passenger facility charges. 

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

Sec. 5011. Audits. 

Sec. 5012. Prompt payments. 

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

individuals. 

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

TITLE VI—ECONOMIC DEVELOPMENT 

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

Sec. 6002. Minority Bank Deposit Program. 

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

reporting agencies. 

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

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

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

TITLE VII—HOUSING AND ASSET BUILDING 

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

Subtitle A—A Path to Ending Homelessness 

Sec. 7101. Congressional findings. 

Sec. 7102. Emergency relief funding. 

Sec. 7103. Housing Trust Fund. 

Sec. 7104. Technical assistance funds to help States and local organizations 

align health and housing systems. 

Sec. 7105. Permanent authorization of appropriations for McKinney-Vento 

Homeless Assistance Act grants. 

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

Homelessness. 


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Sec. 7107. Emergency designation. 

Subtitle B—Tenant Blacklisting 

Sec. 7201. Tenant blacklisting. 

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

Sec. 7203. Assistance to NeighborWorks for mortgage foreclosure mitigation 

activities. 

Sec. 7204. Incremental housing choice voucher assistance. 

Sec. 7205. Extension of pilot program. 

Subtitle C—Financial Literacy 

Sec. 7301. Discount on mortgage insurance premium payments for first-time 

homebuyers who complete financial literacy housing counseling 

programs. 

Sec. 7302. Young Americans financial literacy. 

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

Subtitle D—Housing Fairness 

Sec. 7401. Testing for discrimination. 

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

Sec. 7403. Sense of Congress. 

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

Sec. 7405. Limitation on use of funds. 

TITLE VIII—EDUCATION 

Subtitle A—Elementary and Secondary Education 

PART 1—SUPPORTING PROMISE NEIGHBORHOODS

Sec. 8001. Purpose. 

Sec. 8002. Definitions. 

SUBPART A—PROMISE NEIGHBORHOOD PARTNERSHIP GRANTS

Sec. 8011. Program authorized. 

Sec. 8012. Eligible entities. 

Sec. 8013. Application requirements. 

Sec. 8014. Use of funds. 

Sec. 8015. Report and publicly available data. 

Sec. 8016. Accountability. 

SUBPART B—GENERAL PROVISIONS

Sec. 8021. Planning grants. 

Sec. 8022. Evaluation. 

Sec. 8023. National activities. 

Sec. 8024. Authorization of appropriations. 

PART 2—INCREASED ACCESS TO COMPUTER SCIENCE EDUCATION

Sec. 8031. Definitions. 

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

schools. 

Sec. 8033. Reporting requirements. 


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PART 3—ENVIRONMENTAL JUSTICE EDUCATION

Sec. 8041. Grants authorized. 

Subtitle B—Community College 

Sec. 8101. Purpose. 

PART 1—STATE AND INDIAN TRIBE GRANTS FOR COMMUNITY COLLEGES

Sec. 8111. In general. 

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

Sec. 8113. Eligibility. 

Sec. 8114. Applications. 

Sec. 8115. Allowable uses of funds. 

Sec. 8116. Definitions. 

Sec. 8117. Appropriations. 

PART 2—GRANTS TO CERTAIN INSTITUTIONS OF HIGHER EDUCATION

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

Sec. 8122. Pathways to student success for Hispanic-serving institutions, Asian 

American and Native American Pacific Islander-serving institutions, tribal colleges and universities, Alaska Native-serving institutions, Native Hawaiian-serving institutions, predominantly 

Black institutions, and Native American-serving nontribal institutions. 

Sec. 8123. Definitions. 

Sec. 8124. Appropriations. 

Subtitle C—Higher Education 

PART 1—EARLY COLLEGE FEDERAL PELL GRANTS

Sec. 8201. Early College Federal Pell Grant. 

PART 2—MANDATORY FUNDING FOR PELL GRANTS

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

PART 3—INCLUDING PARENT PLUS LOANS IN INCOME-CONTINGENT AND

INCOME-BASED REPAYMENT PLANS

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

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

Sec. 8213. Counseling for Parent PLUS borrowers. 

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

PART 4—AMERICA RISING PROGRAM

Sec. 8221. Establishment of America RISING program. 

PART 5—SCIENCE AND TECHNOLOGY

Sec. 8231. Office of Cybersecurity Education and Awareness. 

Sec. 8232. Science and technology initiative grants. 

Sec. 8233. Project-based learning program. 


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

Sec. 8235. Science and Technology Board of Advisors. 

Sec. 8236. Laboratories for science and technology excellence. 

Sec. 8237. Computing and Information Research Working Group. 

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

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

students. 

Sec. 8240. Grants for computer equipment. 

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

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

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

Sec. 8244. Department of Homeland Security cybersecurity training programs 

and equipment. 

Sec. 8245. E-Security Fellows Program. 

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

Sec. 8247. Challenge Grants. 

Sec. 8248. E-Security Fellows Program. 

PART 6—SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

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

assistance program. 

PART 7—STRENGTHENING PREVENTION AND RESPONSE MEASURES FOR

HATE CRIMES ON COLLEGE CAMPUSES

Sec. 8261. Hate crime prevention and response. 

Sec. 8262. Clery Act amendments. 

Sec. 8263. Program participation agreements. 

Sec. 8264. Accrediting agency recognition. 

Subtitle D—Historically Black Colleges and Universities 

Sec. 8301. Bond insurance. 

Sec. 8302. Strengthening technical assistance. 

Sec. 8303. HBCU Capital Financing Advisory Board. 

Subtitle E—Mentoring 

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

Sec. 8402. Table of contents. 

Subtitle F—Civil Rights 

Sec. 8501. Restoration of right to civil action in disparate impact cases under 

title VI of the Civil Rights Act of 1964. 

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

1964. 

Sec. 8503. Special Assistant for Equity and Inclusion. 

DIVISION B—JUSTICE 

TITLE I—POLICE REFORM 

Sec. 1001. Definitions. 


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Sec. 1002. Prohibition. 

Sec. 1003. Enforcement. 

Sec. 1004. Policies to eliminate racial profiling. 

Sec. 1005. Policies required for grants. 

Sec. 1006. Involvement of Attorney General. 

Sec. 1007. Data collection demonstration project. 

Sec. 1008. Best practices development grants. 

Sec. 1009. Authorization of appropriations. 

Sec. 1010. Attorney General to issue regulations. 

Sec. 1011. Publication of data. 

Sec. 1012. Limitations on publication of data. 

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

Sec. 1014. Severability. 

Sec. 1015. Savings clause. 

Sec. 1016. Body-worn camera grants. 

Sec. 1017. Study on the cost of the purchase and use of body-worn cameras 

by law enforcement agencies. 

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

accountability. 

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

Sec. 1020. Findings. 

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

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

Sec. 1023. Withholding of certain funds. 

Sec. 1024. Accreditation of law enforcement agencies. 

Sec. 1025. Definitions. 

Sec. 1026. Law enforcement grants. 

Sec. 1027. Attorney General to conduct study. 

Sec. 1028. Authorization of appropriations. 

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

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

Sec. 1031. Medallions for fallen law enforcement officers. 

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

Sec. 1033. Data collection. 

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

Sec. 1035. Attorney General guidance. 

Sec. 1036. In general. 

Sec. 1037. Findings. 

Sec. 1038. Use of COPS grant funds to hire law enforcement officers who are 

residents of the communities they serve. 

Sec. 1039. Definitions. 

Sec. 1040. Use of force reporting. 

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

Sec. 1042. Compliance with reporting requirements. 

Sec. 1043. Authorization of appropriations. 

Sec. 1044. Findings. 

Sec. 1045. Limitation on Department of Defense transfer of personal property 

to local law enforcement agencies. 

Sec. 1046. Findings. 

Sec. 1047. Task force to assist Federal officials in determining appropriateness 

of items for use by law enforcement. 

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

program. 

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


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Sec. 1050. Edward Byrne Memorial Justice Assistance Grants. 

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

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

Sec. 1053. Civil action by Attorney General. 

Sec. 1054. Annual reporting requirement. 

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

nonviolence. 

Sec. 1056. Limitation on use of funds. 

Sec. 1057. Findings. 

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

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

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

Sec. 1061. Exemptions. 

Sec. 1062. Waivers. 

TITLE II—PUBLIC DEFENSE 

Sec. 2001. Clarification of right to counsel. 

Sec. 2002. Treatment of individuals held or detained at ports of entry or at any 

CBP or ICE detention facility. 

Sec. 2003. Duty to disclose favorable information. 

Sec. 2004. Technical and conforming amendments. 

TITLE III—DRUG POLICY REFORM 

Sec. 3001. De-scheduling marihuana. 

Sec. 3002. Community Reinvestment Fund. 

Sec. 3003. Findings; sense of Congress. 

Sec. 3004. Limitation on receipt of Byrne grant funds and other Department 

of Justice law enforcement assistance. 

Sec. 3005. Collection of data. 

TITLE IV—JUVENILE JUSTICE 

Sec. 4001. Findings. 

Sec. 4002. Commission establishment and membership. 

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

Sec. 4004. Leadership election. 

Sec. 4005. Commission duties and powers. 

Sec. 4006. Commission meeting requirements. 

Sec. 4007. Annual report guidelines. 

Sec. 4008. Commission compensation. 

TITLE V—PARENTAL INCARCERATION (EXCLUDING CASES 

INVOLVING CRIMES AGAINST CHILDREN) 

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

Federal prisons. 

Sec. 5002. Overnight visit pilot program. 

TITLE VI—SENTENCING REFORM 

Sec. 6001. Findings. 

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

Sec. 6003. Modification of certain sentencing provisions. 

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


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Sec. 6005. Directives to the Sentencing Commission. 

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

Sec. 6007. Amendments to enhanced penalties provision. 

Sec. 6008. Ability to petition for release to extended supervision for certain 

prisoners who are medically incapacitated, geriatric, or caregiver parents of minor children and who do not pose public 

safety risks. 

TITLE VII—DEATH PENALTY REFORM 

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

Sec. 7002. Prohibition on imposition of death sentence. 

TITLE VIII—VOTING 

Sec. 8000. Short title. 

Subtitle A—Voting Rights Advancement 

Sec. 8001. Short title. 

Sec. 8002. Voting on Indian lands. 

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

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

Sec. 8005. Determination of States and political subdivisions subject to 

preclearance for covered practices. 

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

Sec. 8007. Authority to assign observers. 

Sec. 8008. Preliminary injunctive relief. 

Sec. 8009. Definitions. 

Sec. 8010. Bilingual election requirements. 

Sec. 8011. Requiring declaratory judgment or preclearance as prerequisite for 

multiple Congressional redistricting plans enacted pursuant to 

same decennial census and apportionment of Representatives. 

Sec. 8012. Other technical and conforming amendments. 

Sec. 8013. Tribal voting consultation. 

Subtitle B—Promoting Internet Registration 

Sec. 8100. Short title. 

PART 1—PROMOTING INTERNET REGISTRATION

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

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

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

registered to vote. 

Sec. 8104. Clarification of requirement regarding necessary information to 

show eligibility to vote. 

Sec. 8105. Effective date. 

PART 2—AUTOMATED REGISTRATION OF CERTAIN INDIVIDUALS

Sec. 8111. Automated voter registration. 

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

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

Sec. 8114. Definitions. 

Sec. 8115. Effective date. 


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PART 3—OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION

Sec. 8121. Same day registration. 

Sec. 8122. Acceptance of voter registration applications from individuals under 

18 years of age. 

Sec. 8123. Annual reports on voter registration statistics. 

PART 4—AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS

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

of compliance with new requirements. 

PART 5—PROHIBITING INTERFERENCE WITH VOTER REGISTRATION

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

Sec. 8142. Establishment of best practices. 

Subtitle C—Access to Voting for Individuals With Disabilities 

Sec. 8201. Requirements for States to promote access to voter registration and 

voting for individuals with disabilities. 

Sec. 8202. Pilot programs for enabling individuals with disabilities to register 

to vote and vote privately and independently at residences. 

Sec. 8203. Expansion and reauthorization of grant program to assure voting 

access for individuals with disabilities. 

Subtitle D—Prohibiting Voter Caging 

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

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

caging. 

Sec. 8303. Severability. 

Subtitle E—Prohibiting Deceptive Practices 

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

Sec. 8402. Modification of penalty for voter intimidation. 

Sec. 8403. Sentencing guidelines. 

Sec. 8404. Reporting violations; corrective action. 

Subtitle F—Democracy Restoration 

Sec. 8501. Rights of citizens. 

Sec. 8502. Enforcement. 

Sec. 8503. Notification of restoration of voting rights. 

Sec. 8504. Definitions. 

Sec. 8505. Relation to other laws. 

Sec. 8506. Federal prison funds. 

Sec. 8507. Effective date. 

Subtitle G—Accuracy, Integrity, and Security of Elections 

Sec. 8600. Short title. 

PART 1—PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH

VOTER-VERIFIED PERMANENT PAPER BALLOT


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

Sec. 8602. Paper ballot and manual counting requirements. 

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

Sec. 8604. Additional voting system requirements. 

Sec. 8604. Effective date for new requirements. 

PART 2—REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT

Sec. 8611. Mandatory manual audits. 

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

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

Sec. 8614. Clerical amendment. 

Subtitle H—Provisional Ballots 

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

Subtitle I—Early Voting and Voting by Mail 

Sec. 8801. Early voting and voting by mail. 

Subtitle J—Absent Uniformed Services Voters and Overseas Voters 

Sec. 8901. Extending guarantee of residency for voting purposes to family 

members of absent military personnel. 

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

Sec. 8903. Enforcement. 

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

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

Sec. 8906. Effective date. 

Subtitle K—Poll Worker Recruitment and Training 

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

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

Sec. 8913. Model poll worker training program. 

Sec. 8914. State defined. 

Subtitle L—Enhancement of Enforcement 

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

Subtitle M—Federal Election Integrity 

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

Sec. 8932. Due process requirements for individuals proposed to be removed 

from list of eligible voters. 

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

other government officials. 

Subtitle N—Election Day as Legal Public Holiday 

Sec. 8941. Treatment of Election Day in same manner as legal public holiday 

for purposes of Federal employment. 


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Subtitle O—Other Election Administration Improvements 

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

and resources. 

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

Sec. 8953. Requiring States to accept student identifications for purposes of 

meeting voter identification requirements. 

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

place changes. 

Sec. 8955. Voter information response systems and hotline. 

Sec. 8956. Reauthorization of election assistance commission. 

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

Sec. 8958. Repeal of exemption of Election Assistance Commission from certain 

government contracting requirements. 

Sec. 8959. Permitting Election Assistance Commission to exercise rulemaking 

authority. 

Sec. 8960. No effect on other laws. 

TITLE IX—PRISON REFORM 

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

years. 

Sec. 9002. Prohibition on private entities running prisons housing State and 

local prisoners after 3 years. 

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

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

Sec. 9005. Federal prisoner reentry initiative reauthorization; modification of 

imposed term of imprisonment. 

Sec. 9006. Reinstatement of parole. 

Sec. 9007. Termination of detention bed quota. 

Sec. 9008. Oversight of detention facilities. 

Sec. 9009. Prerelease custody. 

Sec. 9010. Purposes. 

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

Sec. 9012. Adoption and effect of national standards. 

Sec. 9013. Definitions. 

TITLE X—COLLATERAL CONSEQUENCES 

Sec. 10001. Repeal of suspension of eligibility under the Higher Education Act 

of 1965 for grants, loans, and work assistance for drug-related 

offenses. 

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

convictions. 

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

for Federal employment. 

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

conditional offer. 

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

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

Sec. 10007. Lowering the age for expungement of certain convictions for simple 

possession of controlled substances by nonviolent young offenders. 

Sec. 10008. Residence of incarcerated individuals. 


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TITLE XI—GUN VIOLENCE 

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

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

Sec. 11003. List of persons subject to a restraining or similar order prohibited 

from possessing or receiving a firearm expanded. 

Sec. 11004. Stalking prohibitions. 

Sec. 11005. Findings. 

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

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

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

communities. 

1 (c) FINDINGS.—Congress finds the following: 

2 (1) Nearly 70 years have passed since the post3 World War II economic recovery initiative known as 

4 the Marshall Plan spurred the fastest period of 

5 growth in European history. Industrial and agricul6 tural production skyrocketed. The poverty and star7 vation of the immediate postwar years disappeared, 

8 and Western Europe embarked upon an unprece9 dented two decades of growth that saw standards of 

10 living increase dramatically. 

11 (2) Whitney M. Young, who served as executive 

12 director of the National Urban League from 1961 to 

13 1971, first proposed a domestic Marshall Plan in 

14 1964. Many elements of his plan, which called for 

15 $145 billion in spending over 10 years, were incor16 porated into President Lyndon B. Johnson’s War on 

17 Poverty legislation. 


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1 (3) In the 1990 edition of the State of Black 

2 America, National Urban League President John 

3 Jacob again called for an urban Marshall Plan. 

4 (4) In 2017, the National Urban League again 

5 called for an investment in America by introducing 

6 ‘‘The Main Street Marshall Plan: From Poverty to 

7 Shared Prosperity.’’ The plan calls for investment in 

8 physical infrastructure such as roads, bridges and 

9 buildings, and for human development, such as edu10 cation, job training and health insurance. 

11 (5) African Americans were disproportionately 

12 battered by the Great Recession and have benefited 

13 least from the fragile economic recovery that has fol14 lowed and continue to lag behind in employment, en15 trepreneurship, education and homeownership, 

16 across all educational levels. 

17 (6) While the United States economy has 

18 emerged from the depths of the Great Recession, 

19 employment outcomes remain challenging for Afri20 can Americans. 

21 (7) The African American unemployment rate, 

22 at 6.9 percent, remains nearly twice the White un23 employment rate of 3.6 percent, a situation which 

24 has been true for nearly as long as unemployment 


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1 statistics have been recorded (since around the time 

2 of the Great Depression). 

3 (8) Unemployment remains particularly acute 

4 among African American youth between the ages of 

5 16 and 19. As of March 2018, the Bureau of Labor 

6 Statistics reported that the Black youth unemploy7 ment rate of those ages is 27.9 percent compared 

8 with 10.7 percent for White youth of this age. This 

9 dramatizes the tremendous employment challenges 

10 faced by African American youth who live in urban 

11 communities. 

12 (9) Although Census Data shows that Black13 owned businesses are growing in number at a faster 

14 rate than for any other group, they have failed to re15 alize their full economic potential. 

16 (10) According to the Kauffman Foundation’s 

17 calculations from the U.S. Census Annual Survey of 

18 Entrepreneurs, while the average size of mature, 

19 non-minority-owned businesses is $2,300,000 in an20 nual revenue when they have been in business 11 to 

21 15 years, the average size of minority-owned busi22 nesses is only $1,600,000 at the same age. Minori23 ties own half as many businesses as non-minorities. 

24 The conclusion Kauffman draws: minority-owned 

25 businesses start smaller and stay smaller. 


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1 (11) Studies show that lifetime earnings go up 

2 for American adults with each level of educational 

3 attainment. 

4 (12) According to the National Center for Edu5 cation Statistics (NCES), in 2014 the median earn6 ings of young adults with a bachelor’s degree 

7 ($49,900) were 66 percent higher than the median 

8 earnings of young adult high school completers 

9 ($30,000). The median earnings of young adult high 

10 school completers were 20 percent higher than the 

11 median earnings of those without a high school cre12 dential ($25,000). Today, median lifetime earnings 

13 for those with a bachelor’s degree are $2,300,000 or 

14 74 percent more than those with just a high school 

15 diploma. 

16 (13) Despite overall gains nationally, gaps in 

17 college enrollment and completion by race persist. In 

18 2016, college enrollment for White students was 71 

19 percent, which was a six percent increase from 2000. 

20 From 2000 to 2015, enrollment of Black students 

21 went from 30.5 percent to 34.9 percent, and enroll22 ment of Latino students went from 21.7 percent to 

23 36.6 percent. Nationally, over two-thirds of all Asian 

24 and White students complete college within six years 


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1 compared to less than half of all Black and Latino 

2 students. 

3 (14) America’s public school population is ma4 jority minority and in 2044, the United States is ex5 pected to be a majority-minority nation where 

6 Whites will make up less than half of the population. 

7 Given this seismic shift in demographics, we must be 

8 more intentional about improving college readiness 

9 in our nation’s elementary and secondary schools 

10 and promoting access and success to post-secondary 

11 education for historically underrepresented students. 

12 (15) Homeownership is the primary means of 

13 building equity and passing on wealth from one gen14 eration to the next. This is especially true for Afri15 can Americans, where over 90 percent of wealth is 

16 in their homes, according to the Center for Global 

17 Policy Solutions. 

18 (16) Yet, African-American homeowners were 

19 three times more likely to be steered into subprime 

20 products, even when they qualified for conventional 

21 mortgages, in the years leading up to the financial 

22 crisis. The foreclosure rate for these loans was 10 

23 times greater than conventional mortgages. Con24 sequently, while the African-American homeowner25 ship rate peaked in 2004 at 50 percent, it is curVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 rently only 41.2 percent and is projected to decrease 

2 to 40 percent by 2030. Reversing this trend is vital 

3 to American families, to communities, and to our na4 tional economy. 

5 (17) The United States needs a domestic Main6 stream Marshall plan that will combat poverty, pro7 mote equality and eliminate racial disparities. 

8 DIVISION A—JOBS 

9 TITLE I—MAIN STREET 

10 MARSHALL PLAN 

11 Subtitle A—In General 

12 SEC. 1001. SUBMISSION OF DATA RELATING TO DIVERSITY 

13 BY CERTAIN CONTRACTORS. 

14 (a) IN GENERAL.—Chapter 47 of subtitle I of title 

15 41, United States Code, is amended by adding at the end 

16 the following new section: 

17 ‘‘§ 4713. Submission of data relating to diversity by 

18 certain contractors 

19 ‘‘(a) SUBMISSION OF DATA.—In the case of the 

20 award of a contract in an amount of $5,000,000 or more 

21 to a covered contractor, the head of an executive agency 

22 shall require the contractor to submit, not later than 60 

23 days after the award of the contract, the following: 


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1 ‘‘(1) Data on the racial, ethnic, and gender 

2 composition of the board of directors and the C-level 

3 executives of the covered contractor. 

4 ‘‘(2) Data on the affiliation of any member of 

5 the board of directors or any C-level executive to a 

6 historically underrepresented group, including vet7 erans of the Armed Forces and individuals with dis8 abilities. 

9 ‘‘(3) Any plan or strategy that exists on the 

10 date of the submission of data under this subsection 

11 to improve the diversity of the board of directors or 

12 the C-level executives of the covered contractor. 

13 ‘‘(b) REPORTS.— 

14 ‘‘(1) QUARTERLY REPORT TO GENERAL SERV15 ICES ADMINISTRATION.—After the end of a calendar 

16 quarter, each executive agency shall submit to the 

17 Administrator of General Services a report that in18 cludes the data submitted by contractors under sub19 section (a) during the quarter covered. 

20 ‘‘(2) ANNUAL REPORT TO CONGRESS AND OF21 FICES OF MINORITY AND WOMEN INCLUSION.— 

22 ‘‘(A) IN GENERAL.—Not later than Feb23 ruary 14 of each calendar year, the Adminis24 trator of General Services shall submit to Con25 gress and each Office of Minority and Women 


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1 Inclusion established under section 342 of the 

2 Dodd-Frank Wall Street Reform and Consumer 

3 Protection Act (12 U.S.C. 5452) an annual re4 port that— 

5 ‘‘(i) includes the data submitted to 

6 the Administrator under paragraph (1) 

7 during the preceding calendar year and the 

8 data submitted under section 13(s) of the 

9 Securities Exchange Act of 1934; 

10 ‘‘(ii) uses the data described in clause 

11 (i), as well as information from other reli12 able sources, to analyze the diversity of the 

13 board of directors and the C-level execu14 tives of each entity submitting data in 

15 comparison to the industry peers of such 

16 entity, including any trends and progress 

17 related to such diversity; and 

18 ‘‘(iii) based on the analysis conducted 

19 under clause (ii), lists each entity submit20 ting data that is significantly lagging be21 hind the industry peers of such entity with 

22 respect to the diversity of the board of di23 rectors and the C-level executives. 

24 ‘‘(B) PUBLIC AVAILABILITY.—The Admin25 istrator of General Services shall make publicly 


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1 available each annual report submitted under 

2 subparagraph (A). 

3 ‘‘(c) PUBLIC COMMENT.—After the end of the four4 year period beginning on the date of the enactment of this 

5 section, and every four years thereafter, the Administrator 

6 of General Services shall review the implementation of the 

7 requirements of this section and provide an opportunity 

8 for public comment on such review. 

9 ‘‘(d) DEFINITIONS.—In this section: 

10 ‘‘(1) COVERED CONTRACTOR.—The term ‘cov11 ered contractor’ means a for-profit business with an12 nual gross receipts in excess of $1,000,000,000 dur13 ing the year preceding the submission of a bid or 

14 proposal for a contract described in subsection (a). 

15 ‘‘(2) C-LEVEL EXECUTIVE.—The term ‘C-level 

16 executive’ means the most senior executive officer, 

17 information officer, technology officer, financial offi18 cer, compliance officer, or security officer of a cov19 ered contractor.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 47 of such title is amended 

22 by inserting after the item relating to section 4712 the 

23 following new item: 

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


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1 SEC. 1002. SUBMISSION OF DATA RELATING TO DIVERSITY 

2 BY ISSUERS. 

3 (a) IN GENERAL.—Section 13 of the Securities Ex4 change Act of 1934 (15 U.S.C. 78m) is amended by add5 ing at the end the following: 

6 ‘‘(s) SUBMISSION OF DATA RELATING TO DIVER7 SITY.— 

8 ‘‘(1) SUBMISSION OF DATA.—Each issuer re9 quired to file an annual report under subsection (a) 

10 shall disclose in that report, the following: 

11 ‘‘(A) Data on the racial, ethnic, and gen12 der composition of the board of directors and 

13 the C-level executives of the issuer. 

14 ‘‘(B) Data on the affiliation of any mem15 ber of the board of directors or any C-level ex16 ecutive of the issuer to a historically underrep17 resented group, including veterans of the 

18 Armed Forces and individuals with disabilities. 

19 ‘‘(C) Any plan or strategy that exists on 

20 the date of the submission of data under this 

21 paragraph to improve the diversity of the board 

22 of directors or the C-level executives of the 

23 issuer. 

24 ‘‘(2) C-LEVEL EXECUTIVE DEFINED.—In this 

25 subsection, the term ‘C-level executive’ means the 

26 most senior executive officer, information officer, 


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1 technology officer, financial officer, compliance offi2 cer, or security officer of an issuer.’’. 

3 (b) CORPORATE GOVERNANCE REGULATIONS.—Not 

4 later than 90 days after the date of the enactment of this 

5 Act, the Securities and Exchange Commission shall revise 

6 paragraph (v) of section 229.407(c)(2) of title 17, Code 

7 of Federal Regulations, to require that when the descrip8 tion described in such paragraph is presented in a proxy 

9 or information statement relating to the election of direc10 tors, the qualities and skills described in such paragraph, 

11 along with the nominee’s gender, race, ethnicity, and affili12 ation with a historically underrepresented group should be 

13 presented in a chart or matrix form. 

14 SEC. 1003. SENSE OF CONGRESS ON INFRASTRUCTURE 

15 SPENDING. 

16 Congress finds the following: 

17 (1) Our nation’s infrastructure serves as the ar18 teries that move people, goods, and information 

19 across our country. A strong infrastructure network 

20 is critically important to the growth of our economy 

21 and the overall health of each and every American. 

22 This is especially true for Americans in low-income 

23 and otherwise vulnerable communities struggling to 

24 access the rest of the world. 


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1 (2) In the traditional sense, the term ‘‘infra2 structure’’ has been largely understood to include 

3 our transportation infrastructure (roads, bridges, 

4 rails, airports, ports/waterways), electrical grid, tele5 communications (landline phone, cable, satellite), 

6 and public buildings. A 21st Century economy de7 mands a broader, more inclusive definition to ensure 

8 that we are fully considering all of our infrastructure 

9 needs. A newer definition should be expanded to in10 clude the following: energy-efficient housing; 

11 broadband; educational facilities, including access to 

12 traditional universities and community colleges, as 

13 well as Historically Black Colleges and Universities; 

14 forest roads and sidewalks/bike trails; parks; waste 

15 removal and treatment facilities; and programs con16 necting seniors to their communities. 

17 (3) Any effort to rebuild our nation’s crumbling 

18 infrastructure must include robust federal funding. 

19 Privatizing our nation’s infrastructure revitalization 

20 would shift the burden to cash-strapped states and 

21 cities while leaving out communities with the great22 est need: rural and low-income populations. Addi23 tionally, states and cities are less likely to take a re24 gional approach to investment, which is critical to 

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1 nerships (P3s) have limited success funding infra2 structure projects. They are more expensive than 

3 conventional funding, often limiting competition and 

4 creating potential conflicts of interest. P3s would 

5 likely only consider projects that can provide a re6 turn on investment, as opposed to the broad infra7 structure modernization this country desperately 

8 needs. Ultimately, private infrastructure investment 

9 would only fund a narrow scope of projects and the 

10 limited projects fortunate enough to attract private 

11 funding would tax the very people they are intended 

12 to benefit through tolls and user fees. 

13 (4) Ensuring long-term investment is equally 

14 important to ensuring that investment is backed by 

15 robust public funding. Delivering reliable infrastruc16 ture requires the certainty and confidence that can 

17 only come with long-term funding. Congress needs to 

18 do away with short-term extensions and provide 

19 long-term authorization and spending measures that 

20 will authorize and fund our nation’s highway, public 

21 transit, aviation, and water infrastructure programs 

22 and projects at levels that are meaningful over the 

23 long-term. 

24 (5) Minority contractors should have the oppor25 tunity to rebuild their communities and employ 


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1 hardworking Americans along the way. Infrastruc2 ture investments should be disseminated through a 

3 transparent procurement process with aggressive 

4 contracting goals for Disadvantaged Business Enti5 ties and effective enforcement to root out fraudulent 

6 firms. Contractors and subcontractors should have 

7 the ability to employ local hiring preferences and 

8 subcontractors should receive prompt payment when 

9 services are rendered. 

10 (6) Infrastructure development should be inclu11 sive of underserved segments of the population, such 

12 as poor, rural, and elderly communities. Often times, 

13 infrastructure planning does not benefit the poorest 

14 communities and the infrastructure workforce tradi15 tionally lacks gender and racial diversity. A 21st 

16 Century economy should not exclude individuals 

17 from participation on the basis of demographics, ge18 ography, or financial means. Any infrastructure 

19 package must include innovative job training and 

20 workforce development initiatives to promote a di21 verse and inclusive labor pool. By ensuring partici22 pation from all individuals, we can provide equal op23 portunity for each and every American to contribute 

24 in meaningful ways to both the economy and the 

25 communities they call home. 


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1 (7) Climate change and the volatility that is as2 sociated with extreme weather events are only ex3 pected to worsen over time. More intense storms, 

4 rising sea levels, storm surges, and other unusual 

5 weather conditions are placing an immense strain on 

6 our nation’s infrastructure and the limited resources 

7 that we have to build and maintain it. As we plan 

8 for the future and conceptualize how we will build 

9 up our infrastructure, we need to consider the long10 term viability of these projects to ensure that they 

11 are resilient to extreme weather. 

12 (8) A robust transportation network must con13 sider the changing demographics of its users and the 

14 subsequent changes in demand. Conventional trans15 portation planning relies heavily on motor vehicle 

16 traffic. However, many communities—particularly in 

17 urban areas—must now consider pedestrians, cy18 clists, public transit riders, ridesharing, and other 

19 users when evaluating the effectiveness of the trans20 portation ecosystem. 

21 (9) The development and adoption of autono22 mous vehicles, positive train control, NextGen, 

23 Smart City planning, and other technologies and 

24 transportation models is vastly altering the way we 

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1 icy. The unique challenges that we face as a nation 

2 will only grow increasingly more complex as the pop3 ulation grows and the nature of our infrastructure 

4 becomes more interconnected. Any infrastructure 

5 package must not only address the immediate needs 

6 of our crumbling system, but also anticipate the 

7 needs of a generation to come. 

8 (10) Infrastructure impacts every American— 

9 regardless of background, economic status, or polit10 ical affiliation. 

11 SEC. 1004. SENSE OF CONGRESS ON INFRASTRUCTURE 

12 WORKFORCE DEVELOPMENT. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) America would need to spend approximately 

15 $1.44 trillion over the next 10 years to close the in16 frastructure gap. 

17 (2) The infrastructure workforce is aging at a 

18 rate where approximately 3,000,000 workers will 

19 need to be replaced over the next 10 years, 

20 compounding America’s infrastructure crisis. 

21 (3) Infrastructure jobs include a wide range of 

22 employment opportunities in both the public and pri23 vate sectors, including design, construction, oper24 ation, governance, and maintenance of America’s as25 sets. 


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1 (4) Infrastructure jobs provide competitive 

2 wages with low barriers to entry, many of which re3 quire on-the-job training in lieu of formal higher 

4 education. 

5 (5) In spite of rising income inequality, infra6 structure jobs paid approximately 30 percent more 

7 to low-income individuals than other occupations be8 tween the years of 2005 and 2015. 

9 (6) In the fourth quarter of 2016, African10 Americans and Hispanics between the ages of 25 

11 and 34 had the highest unemployment levels at 8.6 

12 percent and 5.3 percent, respectively. 

13 (7) The unemployment rate for military vet14 erans serving in conflicts since September 11th, 

15 2001, has remained above the national unemploy16 ment rate, with the Federal Reserve of Chicago 

17 highlighting how wartime deployment can limit the 

18 types of training veterans receive that are transfer19 able to the civilian labor market. 

20 (8) The Federal government should make con21 certed efforts, by coordination with State and local 

22 governments, workforce development agencies, edu23 cational institutions, including Historically Black 

24 Colleges and Universities and Hispanic Serving In25 stitutions, to recruit, train, and retain America’s 


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1 next generation of infrastructure workers to close 

2 the workforce gap. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) any infrastructure spending bill enacted 

6 during the 115th Congress should include robust in7 vestments in workforce development programs that 

8 take meaningful actions to recruit and train individ9 uals from communities with high unemployment 

10 rates, including African-American communities, His11 panic communities, and American Indian tribal 

12 areas; 

13 (2) any infrastructure spending bill enacted 

14 during the 115th Congress should include robust in15 vestments in workforce development programs that 

16 take meaningful actions to recruit and train unem17 ployed veterans that have served in a conflict since 

18 September 11th, 2001; and 

19 (3) any infrastructure spending bill enacted 

20 during the 115th Congress should include meaning21 ful outreach efforts geared toward under-represented 

22 contractors, including minority- and women-owned 

23 businesses, veteran owned small businesses, service24 disabled veteran owned small businesses, and 

25 offerors that employ veterans on a full-time basis. 


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1 SEC. 1005. QUALIFICATION OF REHABILITATION EXPENDI2 TURES FOR PUBLIC SCHOOL BUILDINGS FOR 

3 REHABILITATION CREDIT. 

4 (a) IN GENERAL.—Section 47(c)(2)(B)(v) of the In5 ternal Revenue Code of 1986 is amended by adding at the 

6 end the following new subclause: 

7 ‘‘(III) CLAUSE NOT TO APPLY TO

8 PUBLIC SCHOOLS.—This clause shall 

9 not apply in the case of any building 

10 which is a qualified public educational 

11 facility (as defined in section 

12 142(k)(1), determined without regard 

13 to subparagraph (B) thereof) and 

14 used as such during some period be15 fore such expenditure and used as 

16 such immediately after such expendi17 ture.’’. 

18 (b) REPORT.—Not later than the date which is 5 

19 years after the date of the enactment of this Act, the Sec20 retary of the Treasury, after consultation with the heads 

21 of appropriate Federal agencies, shall report to Congress 

22 on the effects resulting from the amendment made by sub23 section (a). 

24 (c) EFFECTIVE DATE.—The amendment made by 

25 this section shall apply to property placed in service after 

26 the date of the enactment of this Act. 


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1 SEC. 1006. SUPPLEMENTAL APPROPRIATION FOR THE 

2 DRINKING WATER STATE REVOLVING FUNDS. 

3 (a) IN GENERAL.—There is appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for fis5 cal year 2018 for ‘‘Environmental Protection Agency— 

6 State and Tribal Assistance Grants’’ for an additional 

7 amount for capitalization grants under section 1452 of the 

8 Safe Drinking Water Act in accordance with the provi9 sions under this account in title VII of division A of Public 

10 Law 111–5, $7,500,000,000, to remain available through 

11 September 30, 2022. 

12 (b) BUDGETARY TREATMENT.—The amount appro13 priated under subsection (a)— 

14 (1) is designated by the Congress as an emer15 gency requirement pursuant to section 251(b)(2)(A) 

16 of the Balanced Budget and Emergency Deficit Con17 trol Act of 1985, except that such amount shall be 

18 available only if the President subsequently so des19 ignates such amount and transmits such designation 

20 to the Congress; and 

21 (2) shall be exempt from sequestration under 

22 such Act. 

23 SEC. 1007. HIGHWAY PROJECTS. 

24 Section 112 of title 23, United States Code, is 

25 amended by adding at the end the following: 

26 ‘‘(h) LOCAL HIRING.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, a State may establish local hiring 

3 bid specifications or consider the hiring of local 

4 workers in the evaluation of bids and proposals for 

5 a project under this title. 

6 ‘‘(2) DEFINITION.—For purposes of this sub7 section, the term ‘local’ means the geographic 

8 boundaries of a local area, as defined by the con9 tracting agency, in which the project is located.’’. 

10 SEC. 1008. PUBLIC TRANSPORTATION PROJECTS. 

11 Section 5325 of title 49, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(l) LOCAL HIRING.— 

14 ‘‘(1) IN GENERAL.—Notwithstanding any other 

15 provision of law, a recipient of assistance under this 

16 chapter may establish local hiring bid specifications 

17 or consider local hiring in the evaluation of bids and 

18 proposals for a project under this chapter. 

19 ‘‘(2) DEFINITION.—For purposes of this sub20 section, the term ‘local’ means the geographic 

21 boundaries of a local area, as defined by the con22 tracting agency, in which the project is located.’’. 


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1 SEC. 1009. ESTABLISHMENT OF PERFORMANCE MEASURES 

2 FOR TRANSPORTATION ACCESSIBILITY. 

3 (a) CONNECTIVITY AND ACCESSIBILITY PERFORM4 ANCE MEASURES.—Section 150 of title 23, United States 

5 Code, is amended— 

6 (1) in subsection (c) by adding at the end the 

7 following: 

8 ‘‘(7) MULTIMODAL TRANSPORTATION

9 CONNECTIVITY AND ACCESSIBILITY.— 

10 ‘‘(A) IN GENERAL.—Not later than 6 years 

11 after the date of enactment of this paragraph, 

12 the Secretary shall issue such regulations as are 

13 necessary to establish performance measures re14 lating to transportation connectivity and acces15 sibility for States and metropolitan planning or16 ganizations to use to assess the connectivity 

17 and accessibility of roadways, public transit in18 frastructure, pedestrian and bikeway infrastruc19 ture, and other transportation infrastructure. 

20 ‘‘(B) CONTENT.—The performance meas21 ures required under subparagraph (A) shall in22 clude measures to assess— 

23 ‘‘(i) with respect to the general popu24 lation serviced by a transportation sys25 tem— 


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1 ‘‘(I) the change in cumulative ac2 cess to employment opportunities; 

3 ‘‘(II) multi-modal choice and en4 hanced interconnections among modes 

5 to— 

6 ‘‘(aa) offer variety of choice 

7 between and among modes; 

8 ‘‘(bb) provide accessible and 

9 reliable transportation for all 

10 users; and 

11 ‘‘(cc) encourage travel de12 mand management; and 

13 ‘‘(III) such other areas the Sec14 retary considers appropriate; and 

15 ‘‘(ii) with respect to disadvantaged 

16 populations serviced by a transportation 

17 system— 

18 ‘‘(I) transportation accessibility 

19 for disadvantaged populations; 

20 ‘‘(II) change in cumulative job 

21 accessibility for disadvantaged popu22 lations; and 

23 ‘‘(III) such other areas the Sec24 retary considers appropriate. 


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1 ‘‘(C) DISADVANTAGED POPULATION DE2 FINED.—In this paragraph, the term ‘disadvan3 taged population’ means a low-income or minor4 ity population, or people with disabilities, as de5 termined by the Secretary.’’; and 

6 (2) in subsection (d) by striking ‘‘and (6)’’ and 

7 inserting ‘‘(6), and (7)’’. 

8 (b) TITLE 23 METROPOLITAN PLANNING COORDINA9 TION.—Section 134(h)(2)(B) of title 23, United States 

10 Code, is amended by adding at the end the following: 

11 ‘‘(iii) MULTIMODAL TRANSPORTATION

12 ACCESSIBILITY PERFORMANCE TARGETS.— 

13 Selection of performance targets by a met14 ropolitan planning organization shall be co15 ordinated, to the maximum extent prac16 ticable, with the relevant State and pro17 viders of public transportation to ensure 

18 consistency with section 150(c)(7).’’. 

19 (c) TITLE 49 METROPOLITAN PLANNING COORDINA20 TION.—Section 5303(h)(2)(B) of title 49, United States 

21 Code, is amended by adding at the end the following: 

22 ‘‘(iii) MULTIMODAL TRANSPORTATION

23 ACCESSIBILITY PERFORMANCE TARGETS.— 

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1 ordinated, to the maximum extent prac2 ticable, with the relevant State and pro3 viders of public transportation to ensure 

4 consistency with section 150(c)(7) of title 

5 23.’’. 

6 SEC. 1010. SUPPLEMENTAL APPROPRIATION FOR TIGER 

7 DISCRETIONARY GRANT PROGRAM. 

8 (a) IN GENERAL.—There is appropriated, out of any 

9 money in the Treasury not otherwise appropriated, for fis10 cal year 2018 for ‘‘Department of Transportation—Office 

11 of the Secretary—National Infrastructure Investments’’ 

12 for an additional amount in accordance with the provisions 

13 under this account in title I of division K of Public Law 

14 115–31, $7,500,000,000, to remain available through Sep15 tember 30, 2022. 

16 (b) BUDGETARY TREATMENT.—The amount appro17 priated under subsection (a)— 

18 (1) is designated by the Congress as an emer19 gency requirement pursuant to section 251(b)(2)(A) 

20 of the Balanced Budget and Emergency Deficit Con21 trol Act of 1985, except that such amount shall be 

22 available only if the President subsequently so des23 ignates such amount and transmits such designation 

24 to the Congress; and 


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1 (2) shall be exempt from sequestration under 

2 such Act. 

3 SEC. 1011. DEFINITIONS. 

4 In this Act: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means the Committee on Education and 

8 the Workforce of the House of Representatives and 

9 the Committee on Health, Education, Labor, and 

10 Pensions of the Senate. 

11 (2) BUREAU-FUNDED SCHOOL.—The term ‘‘Bu12 reau-funded school’’ has the meaning given to the 

13 term in section 1141 of the Education Amendments 

14 of 1978 (25 U.S.C. 2021). 

15 (3) COVERED FUNDS.—The term ‘‘covered 

16 funds’’ means funds received— 

17 (A) under title I of this Act; or 

18 (B) from a school infrastructure bond. 

19 (4) ESEA TERMS.—The terms ‘‘elementary 

20 school’’, ‘‘local educational agency’’, ‘‘outlying area’’, 

21 and ‘‘secondary school’’ have the meanings given to 

22 the terms in section 8101 of the Elementary and 

23 Secondary Education Act 1965 (20 U.S.C. 7801). 

24 (5) PUBLIC SCHOOL FACILITIES.—The term 

25 ‘‘public school facilities’’ means the facilities of a 


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1 public elementary school or a public secondary 

2 school. 

3 (6) QUALIFIED LOCAL EDUCATIONAL AGEN4 CY.—The term ‘‘qualified local educational agency’’ 

5 means a local educational agency that receives funds 

6 under part A of title I of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 6311 et 

8 seq.). 

9 (7) SCHOOL INFRASTRUCTURE BOND.—The 

10 term ‘‘school infrastructure bond’’ means a bond 

11 designated by the issuer as a school infrastructure 

12 bond under section 54BB of the Internal Revenue 

13 Code of 1986 (as added by section 201). 

14 (8) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Education. 

16 (9) STATE.—The term ‘‘State’’ means each of 

17 the 50 States and the District of Columbia. 

18 SEC. 1012. PURPOSE AND RESERVATION. 

19 (a) PURPOSE.—Funds made available under this title 

20 shall be for the purpose of supporting long-term improve21 ments to public school facilities in accordance with this 

22 Act. 

23 (b) RESERVATION FOR OUTLYING AREAS, PUERTO

24 RICO, AND BUREAU-FUNDED SCHOOLS.— 


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1 (1) IN GENERAL.—For each of fiscal years 

2 2018 through 2020, the Secretary shall reserve, 

3 from the amount appropriated to carry out this 

4 title— 

5 (A) one-half of 1 percent, to provide assist6 ance to the outlying areas; 

7 (B) one-half of 1 percent, to provide assist8 ance to the Commonwealth of Puerto Rico; and 

9 (C) one-half of 1 percent, for payments to 

10 the Secretary of the Interior to provide assist11 ance to Bureau-funded schools. 

12 (2) USE OF RESERVED FUNDS.—Sections 301 

13 through 304 shall apply to the use of funds reserved 

14 under paragraph (1). 

15 SEC. 1013. ALLOCATION TO STATES. 

16 (a) ALLOCATION TO STATES.— 

17 (1) STATE-BY-STATE ALLOCATION.—Of the 

18 amount appropriated to carry out this title for each 

19 fiscal year and not reserved under section 101(b), 

20 each State that has a plan approved by the Sec21 retary under subsection (b) shall be allocated an 

22 amount in proportion to the amount received by all 

23 local educational agencies in the State under part A 

24 of title I of the Elementary and Secondary Edu25 cation Act of 1965 (20 U.S.C. 6311 et seq.) for the 


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1 previous fiscal year relative to the total such amount 

2 received by all local educational agencies in every 

3 State that has a plan approved by the Secretary 

4 under subsection (b). 

5 (2) STATE RESERVATION.—A State may reserve 

6 not more than 1 percent of its allocation under para7 graph (1) to carry out its responsibilities under this 

8 Act, which shall include— 

9 (A) providing technical assistance to local 

10 educational agencies, including by— 

11 (i) identifying which State agencies 

12 have programs, resources, and expertise 

13 relevant to the activities supported by the 

14 allocation under this section; and 

15 (ii) coordinating the provision of tech16 nical assistance across such agencies; 

17 (B) in accordance with the guidance issued 

18 by the Secretary under section 307, developing 

19 an online, publicly searchable database that 

20 contains an inventory of all public school facili21 ties infrastructure in the State (including the 

22 facilities of Bureau-funded schools, as appro23 priate), including, with respect to each such fa24 cility, an identification of— 


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1 (i) the information described in 

2 clauses (i) through (vi) of subparagraph 

3 (F); 

4 (ii) the age (including an identifica5 tion of the date of any retrofits or recent 

6 renovations) of— 

7 (I) the facility; 

8 (II) its roof; 

9 (III) its lighting system; 

10 (IV) its windows; 

11 (V) its ceilings; 

12 (VI) its plumbing; and 

13 (VII) its heating, ventilation, and 

14 air conditioning system; 

15 (iii) fire safety inspection results; and 

16 (iv) the proximity of the facilities to 

17 toxic sites or the vulnerability of the facili18 ties to natural disasters, including the ex19 tent to which facilities that are vulnerable 

20 to natural disasters are seismically retro21 fitted; 

22 (C) updating the database developed under 

23 subparagraph (B) not less frequently than once 

24 every 2 years; 


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1 (D) ensuring that the information in the 

2 database developed under subparagraph (B)— 

3 (i) is posted on a publicly accessible 

4 website of the State; and 

5 (ii) is regularly distributed to local 

6 educational agencies and Tribal govern7 ments in the State; 

8 (E) issuing or reviewing regulations to en9 sure the health and safety of students and staff 

10 during construction or renovation projects; and 

11 (F) issuing or reviewing regulations to en12 sure safe, healthy, and high-performing school 

13 buildings, including regulations governing— 

14 (i) indoor air quality and ventilation, 

15 including exposure to carbon monoxide and 

16 carbon dioxide; 

17 (ii) mold, mildew, and moisture con18 trol; 

19 (iii) the safety of drinking water at 

20 the tap and water used for meal prepara21 tion, including regulations that— 

22 (I) address presence of lead and 

23 other contaminants in such water; and 

24 (II) require the regular testing of 

25 the potability of water at the tap; 


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1 (iv) energy and water efficiency; 

2 (v) excessive classroom noise; and 

3 (vi) the levels of maintenance work, 

4 operational spending, and capital invest5 ment needed to maintain the quality of 

6 public school facilities; and 

7 (G) creating a plan to reduce or eliminate 

8 exposure to toxins and chemicals, including 

9 mercury, radon, PCBs, lead, vapor intrusions, 

10 and asbestos. 

11 (b) STATE PLAN.— 

12 (1) IN GENERAL.—To be eligible to receive an 

13 allocation under this section, a State shall submit to 

14 the Secretary a plan that— 

15 (A) describes how the State will use the al16 location to make long-term improvements to 

17 public school facilities; 

18 (B) explains how the State will carry out 

19 each of its responsibilities under subsection 

20 (a)(2); 

21 (C) explains how the State will make the 

22 determinations under subsections (b) and (c) of 

23 section 103; 

24 (D) identifies how long, and at what levels, 

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1 tivities supported by the allocation after the 

2 State no longer receives the allocation; and 

3 (E) includes such other information as the 

4 Secretary may require. 

5 (2) APPROVAL AND DISAPPROVAL.—The Sec6 retary shall have the authority to approve or dis7 approve a State plan submitted under paragraph 

8 (1). 

9 (c) CONDITIONS.—As a condition of receiving an allo10 cation under this section, a State shall agree to the fol11 lowing: 

12 (1) MATCHING REQUIREMENT.—The State shall 

13 contribute, from non-Federal sources, an amount 

14 equal to 10 percent of the amount of the allocation 

15 received under this section to carry out the activities 

16 supported by the allocation. 

17 (2) MAINTENANCE OF EFFORT.—The State 

18 shall provide an assurance to the Secretary that the 

19 combined fiscal effort per student or the aggregate 

20 expenditures of the State with respect to the activi21 ties supported by the allocation under this section 

22 for fiscal years beginning with the fiscal year for 

23 which the allocation is received will be not less than 

24 90 percent of the combined fiscal effort or aggregate 

25 expenditures by the State for such purposes for the 


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1 year preceding the fiscal year for which the alloca2 tion is received. 

3 (3) SUPPLEMENT NOT SUPPLANT.—The State 

4 shall use an allocation under this section only to 

5 supplement the level of Federal, State, and local 

6 public funds that would, in absence of such alloca7 tion, be made available for the activities supported 

8 by the allocation, and not to supplant such funds. 

9 SEC. 1014. NEED-BASED GRANTS TO QUALIFIED LOCAL 

10 EDUCATIONAL AGENCIES. 

11 (a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 

12 (1) IN GENERAL.—Subject to paragraph (2), 

13 from the amounts allocated to a State under section 

14 102(a) and contributed by the State under section 

15 102(c)(1), the State shall award grants to qualified 

16 local educational agencies, on a competitive basis, to 

17 carry out the activities described in section 301(a). 

18 (2) ALLOWANCE FOR DIGITAL LEARNING.—A 

19 State may use up to 10 percent of the amount de20 scribed in paragraph (1) to make grants to qualified 

21 local educational agencies carry out activities to im22 prove digital learning in accordance with section 

23 301(b). 

24 (b) ELIGIBILITY.—To be eligible to receive a grant 

25 under this section a qualified local educational agency— 


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1 (1) shall be among the local educational agen2 cies in the State— 

3 (A) with the greatest need to improve pub4 lic school facilities, as determined by the State, 

5 which may include consideration of threats 

6 posed by the proximity of the facilities to toxic 

7 sites or the vulnerability of the facilities to nat8 ural disasters; 

9 (B) with the highest numbers or percent10 ages of students counted under section 1124(c) 

11 of the Elementary and Secondary Education 

12 Act of 1965 (20 U.S.C. 6333(c)); and 

13 (C) with the most limited capacity to raise 

14 funds for the long-term improvement of public 

15 school facilities, as determined by an assess16 ment of— 

17 (i) the current and historic ability of 

18 the agency to raise funds for construction, 

19 renovation, modernization, and major re20 pair projects for schools; 

21 (ii) whether the agency has been able 

22 to issue bonds or receive other funds to 

23 support construction projects, including— 


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1 (I) qualified school construction 

2 bonds under section 54F of the Inter3 nal Revenue Code of 1986; 

4 (II) qualified zone academy 

5 bonds under section 1397E of the In6 ternal Revenue Code of 1986; 

7 (III) school infrastructure bonds 

8 under section 54BB of the Internal 

9 Revenue Code of 1986 (as added by 

10 section 201); and 

11 (IV) funds made available under 

12 7007 of the Elementary and Sec13 ondary Education Act of 1965 (20 

14 U.S.C. 7707); and 

15 (iii) the bond rating of the agency; 

16 and 

17 (2) shall agree to prioritize the improvement of 

18 the facilities of public schools that serve the highest 

19 percentages of students who are eligible for a free or 

20 reduced price lunch under the Richard B. Russell 

21 National School Lunch Act (42 U.S.C. 1751 et seq.) 

22 (which, in the case of a high school, may be cal23 culated using comparable data from the schools that 

24 feed into the high school), as compared to other pub25 lic schools in the jurisdiction of the agency. 


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1 (c) PRIORITY OF GRANTS.—In awarding grants 

2 under this section, the State shall give priority to local 

3 educational agencies that— 

4 (1) demonstrate the greatest need for such a 

5 grant, as determined by a comparison of the factors 

6 described in subsection (b); 

7 (2) will use the grant to improve the facilities 

8 of— 

9 (A) elementary schools or middle schools 

10 that have an enrollment of students who are eli11 gible for a free or reduced price lunch under the 

12 Richard B. Russell National School Lunch Act 

13 (42 U.S.C. 1751 et seq.) that constitutes not 

14 less than 40 percent of the total student enroll15 ment at such schools; or 

16 (B) high schools that have an enrollment 

17 of students who are eligible for a free or re18 duced price lunch under such Act that con19 stitutes not less than 30 percent of the total 

20 student enrollment at such schools (which may 

21 be calculated using comparable data from the 

22 schools that feed into the high school); 

23 (3) operate public school facilities that pose a 

24 severe health and safety threat to students and staff, 

25 which may include a threat posed by the proximity 


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1 of the facilities to toxic sites or the vulnerability of 

2 the facilities to natural disasters; and 

3 (4) serve elementary schools or secondary 

4 schools that lack access to high-speed broadband 

5 sufficient to support digital learning (only in the 

6 case of an agency that will use the grant improve 

7 such access in accordance with section 301(b)). 

8 (d) APPLICATION.—To be considered for a grant 

9 under this section, a qualified local educational agency 

10 shall submit an application to the State at such time, in 

11 such manner, and containing such information as the 

12 State may require. Such application shall include, at min13 imum— 

14 (1) the information necessary for the State to 

15 make the determinations under subsections (b) and 

16 (c); 

17 (2) a description of the projects that the agency 

18 plans to carry out with the grant; and 

19 (3) an explanation of how such projects will re20 duce risks to the health and safety of staff and stu21 dents at schools served by the agency. 

22 (e) FACILITIES MASTER PLAN.— 

23 (1) PLAN REQUIRED.—Not later than 180 days 

24 after receiving a grant under this section, a qualified 


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1 local educational agency shall submit to the State a 

2 comprehensive 10-year facilities master plan. 

3 (2) ELEMENTS.—The facilities master plan re4 quired under paragraph (1) shall include, with re5 spect to all public school facilities of the agency, a 

6 description of— 

7 (A) the extent to which public school facili8 ties meet students’ educational needs and sup9 port the agency’s educational mission and vi10 sion; 

11 (B) the physical condition of the public 

12 school facilities; 

13 (C) the current health, safety, and environ14 mental conditions of the public school facilities, 

15 including— 

16 (i) indoor air quality; 

17 (ii) the presence of hazardous and 

18 toxic substances and chemicals; 

19 (iii) the safety of drinking water at 

20 the tap and water used for meal prepara21 tion, including the level of lead and other 

22 contaminants in such water; 

23 (iv) energy and water efficiency; 

24 (v) excessive classroom noise; and 


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1 (vi) other health, safety, and environ2 mental conditions that would impact the 

3 health, safety, and learning ability of stu4 dents; 

5 (D) how the local educational agency will 

6 address any conditions identified under sub7 paragraph (C); 

8 (E) the impact of current and future stu9 dent enrollment levels on the design of current 

10 and future public school facilities, as well as the 

11 financial implications of such enrollment levels; 

12 and 

13 (F) the dollar amount and percentage of 

14 funds the local educational agency will dedicate 

15 to capital construction projects as well as main16 tenance and operations related to maintaining 

17 public school facilities. 

18 (3) CONSULTATION.—In developing the facili19 ties master plan required under paragraph (1), the 

20 qualified local educational agency shall consult with 

21 teachers, principals and other school leaders, custo22 dial and maintenance staff, emergency first respond23 ers, school facilities directors, students and families, 

24 community residents, and Indian Tribes and Tribal 

25 organizations (as applicable). 


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1 (f) SUPPLEMENT NOT SUPPLANT.—A qualified local 

2 educational agency shall use an allocation received under 

3 this section only to supplement the level of Federal, State, 

4 and local public funds that would, in the absence of such 

5 allocation, be made available for the activities supported 

6 by the allocation, and not to supplant such funds. 

7 SEC. 1015. ANNUAL REPORT ON GRANT PROGRAM. 

8 (a) IN GENERAL.—Not later than September 30 of 

9 each fiscal year beginning after the date of the enactment 

10 of this Act, the Secretary shall submit to the appropriate 

11 congressional committees a report on the projects carried 

12 out with funds made available under this title. 

13 (b) ELEMENTS.—The report under paragraph (1) 

14 shall include, with respect to the fiscal year preceding the 

15 year in which the report is submitted, the following: 

16 (1) An identification of each local educational 

17 agency that received a grant under this title. 

18 (2) With respect to each such agency, a descrip19 tion of— 

20 (A) the demographic composition of the 

21 student population served by the agency, 

22 disaggregated by— 

23 (i) race; 

24 (ii) the number and percentage of stu25 dents counted under section 1124(c) of the 


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1 Elementary and Secondary Education Act 

2 of 1965 (20 U.S.C. 6333(c)); and 

3 (iii) the number and percentage of 

4 students who are eligible for a free or re5 duced price lunch under the Richard B. 

6 Russell National School Lunch Act (42 

7 U.S.C. 1751 et seq.); 

8 (B) the population density of the geo9 graphic area served by the agency; 

10 (C) the projects for which the agency used 

11 the grant received under this title; 

12 (D) the demonstrable or expected benefits 

13 of the projects; and 

14 (E) the estimated number of jobs created 

15 by the projects. 

16 (3) The total dollar amount of all grants re17 ceived by local educational agencies under this title. 

18 (c) LEA INFORMATION COLLECTION.—A local edu19 cational agency that receives a grant under this title 

20 shall— 

21 (1) annually compile the information described 

22 in subsection (b)(2); 

23 (2) make the information available to the pub24 lic, including by posting the information on a pub25 licly accessible website of the Agency; and 


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1 (3) submit the information to the State. 

2 (d) STATE INFORMATION DISTRIBUTION.—A State 

3 that receives information from a local educational agency 

4 under subsection (c) shall— 

5 (1) compile the information and report it annu6 ally to the Secretary at such time and in such man7 ner as the Secretary may require; 

8 (2) make the information available to the pub9 lic, including by posting the information on a pub10 licly accessible website of the State; and 

11 (3) regularly distribute the information to local 

12 educational agencies and Tribal governments in the 

13 State. 

14 SEC. 1016. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated 

16 $7,000,000,000 for each of fiscal years 2018 through 

17 2027 to carry out this title. 

18 SEC. 1017. SCHOOL INFRASTRUCTURE BONDS. 

19 (a) IN GENERAL.—The Internal Revenue Code of 

20 1986 is amended by adding after section 54AA the fol21 lowing new section: 

22 ‘‘SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS. 

23 ‘‘(a) IN GENERAL.—If a taxpayer holds a school in24 frastructure bond on one or more interest payment dates 

25 of the bond during any taxable year, there shall be allowed 


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1 as a credit against the tax imposed by this chapter for 

2 the taxable year an amount equal to the sum of the credits 

3 determined under subsection (b) with respect to such 

4 dates. 

5 ‘‘(b) AMOUNT OF CREDIT.—The amount of the credit 

6 determined under this subsection with respect to any in7 terest payment date for a school infrastructure bond is 

8 100 percent of the amount of interest payable by the 

9 issuer with respect to such date. 

10 ‘‘(c) LIMITATION BASED ON AMOUNT OF TAX.— 

11 ‘‘(1) IN GENERAL.—The credit allowed under 

12 subsection (a) for any taxable year shall not exceed 

13 the excess of— 

14 ‘‘(A) the sum of the regular tax liability 

15 (as defined in section 26(b)) plus the tax im16 posed by section 55, over 

17 ‘‘(B) the sum of the credits allowable 

18 under this part (other than subpart C and this 

19 subpart). 

20 ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the 

21 credit allowable under subsection (a) exceeds the 

22 limitation imposed by paragraph (1) for such taxable 

23 year, such excess shall be carried to the succeeding 

24 taxable year and added to the credit allowable under 

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1 fore the application of paragraph (1) for such suc2 ceeding taxable year). 

3 ‘‘(d) SCHOOL INFRASTRUCTURE BOND.— 

4 ‘‘(1) IN GENERAL.—For purposes of this sec5 tion, the term ‘school infrastructure bond’ means 

6 any bond issued as part of an issue if— 

7 ‘‘(A) 100 percent of the available project 

8 proceeds of such issue are to be used for the 

9 purposes described in section 301 of the Jobs 

10 and Justice Act of 2018, 

11 ‘‘(B) the interest on such obligation would 

12 (but for this section) be excludable from gross 

13 income under section 103, 

14 ‘‘(C) the issue meets the requirements of 

15 paragraph (3), and 

16 ‘‘(D) the issuer designates such bond for 

17 purposes of this section. 

18 ‘‘(2) APPLICABLE RULES.—For purposes of ap19 plying paragraph (1)— 

20 ‘‘(A) for purposes of section 149(b), a 

21 school infrastructure bond shall not be treated 

22 as federally guaranteed by reason of the credit 

23 allowed under subsection (a) or section 6431, 

24 ‘‘(B) for purposes of section 148, the yield 

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1 mined without regard to the credit allowed 

2 under subsection (a), and 

3 ‘‘(C) a bond shall not be treated as a 

4 school infrastructure bond if the issue price has 

5 more than a de minimis amount (determined 

6 under rules similar to the rules of section 

7 1273(a)(3)) of premium over the stated prin8 cipal amount of the bond. 

9 ‘‘(3) 6-YEAR EXPENDITURE PERIOD.— 

10 ‘‘(A) IN GENERAL.—An issue shall be 

11 treated as meeting the requirements of this 

12 paragraph if, as of the date of issuance, the 

13 issuer reasonably expects 100 percent of the 

14 available project proceeds to be spent for pur15 poses described in section 301 of the Jobs and 

16 Justice Act of 2018 within the 6-year period be17 ginning on such date of issuance. 

18 ‘‘(B) FAILURE TO SPEND REQUIRED

19 AMOUNT OF BOND PROCEEDS WITHIN 6

20 YEARS.—To the extent that less than 100 per21 cent of the available project proceeds of the 

22 issue are expended at the close of the period de23 scribed in subparagraph (A) with respect to 

24 such issue, the issuer shall redeem all of the 

25 nonqualified bonds within 90 days after the end 


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1 of such period. For purposes of this paragraph, 

2 the amount of the nonqualified bonds required 

3 to be redeemed shall be determined in the same 

4 manner as under section 142. 

5 ‘‘(e) LIMITATION ON AMOUNT OF BONDS DES6 IGNATED.—The maximum aggregate face amount of 

7 bonds issued during any calendar year which may be des8 ignated under subsection (d) by any issuer shall not exceed 

9 the limitation amount allocated under subsection (g) for 

10 such calendar year to such issuer. 

11 ‘‘(f) NATIONAL LIMITATION ON AMOUNT OF BONDS

12 DESIGNATED.—The national qualified school infrastruc13 ture bond limitation for each calendar year is— 

14 ‘‘(1) $10,000,000,000 for 2018, 

15 ‘‘(2) $10,000,000,000 for 2019, and 

16 ‘‘(3) $10,000,000,000 for 2020. 

17 ‘‘(g) ALLOCATION OF LIMITATION.— 

18 ‘‘(1) ALLOCATION AMONG STATES.— 

19 ‘‘(A) Except as provided in paragraph (2), 

20 the limitation applicable under subsection (f) 

21 for any calendar year shall be allocated by the 

22 Secretary among the States in proportion to the 

23 respective amounts received by all local edu24 cational agencies in each State under part A of 

25 title I of the Elementary and Secondary EduVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 cation Act of 1965 (20 U.S.C. 6311 et seq.) for 

2 the previous fiscal year relative to the total such 

3 amount received by all local educational agen4 cies in for the most recent fiscal year ending 

5 before such calendar year. 

6 ‘‘(B) Subject to subparagraph (C), the lim7 itation amount allocated to a State under sub8 paragraph (A) shall be allocated by the State 

9 educational agency (or such other agency as is 

10 authorized under State law to make such alloca11 tion) to issuers within such State in accordance 

12 with the priorities described in section 103(c) 

13 the of the Jobs and Justice Act of 2018 (as in 

14 effect on the date of the enactment of this sec15 tion) and the eligibility requirements described 

16 in section 103(b) of such Act, except that para17 graph (1)(C) of such section shall not apply to 

18 the determination of eligibility for such alloca19 tion. 

20 ‘‘(C) Up to 10 percent of the limitation 

21 amount allocated to a State under subpara22 graph (A) may be allocated by the State to 

23 issuers within such State to carry out activities 

24 to improve digital learning in accordance with 

25 section 301(b) of the Jobs and Justice Act of 


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1 2018 (as in effect on the date of the enactment 

2 of this section). 

3 ‘‘(2) ALLOCATIONS TO CERTAIN POSSES4 SIONS.—The amount to be allocated under para5 graph (1) to possessions of the United States other 

6 than Puerto Rico for a calendar year shall be one7 half of 1 percent of national qualified school infra8 structure bond limitation for such year. In making 

9 other allocations, the amount to be allocated under 

10 paragraph (1) shall be reduced by the aggregate 

11 amount allocated under this paragraph and para12 graph (3). 

13 ‘‘(3) ALLOCATIONS FOR INDIAN SCHOOLS.—The 

14 amount to be allocated under paragraph (1) to the 

15 Secretary of the Interior for schools funded by the 

16 Bureau of Indian Affairs for a calendar year shall 

17 be one-half of 1 percent of national qualified school 

18 infrastructure bond limitation for such year. Not19 withstanding any other provision of law, in the case 

20 of amounts allocated under the preceding sentence, 

21 Indian tribal governments (as defined in section 

22 7701(a)(40)) shall be treated as qualified issuers for 

23 purposes of this subchapter. 

24 ‘‘(h) INTEREST PAYMENT DATE.—For purposes of 

25 this section, the term ‘interest payment date’ means any 


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1 date on which the holder of record of the school infrastruc2 ture bond is entitled to a payment of interest under such 

3 bond. 

4 ‘‘(i) SPECIAL RULES.— 

5 ‘‘(1) INTEREST ON SCHOOL INFRASTRUCTURE

6 BONDS INCLUDIBLE IN GROSS INCOME FOR FED7 ERAL INCOME TAX PURPOSES.—For purposes of this 

8 title, interest on any school infrastructure bond shall 

9 be includible in gross income. 

10 ‘‘(2) APPLICATION OF CERTAIN RULES.—Rules 

11 similar to the rules of subsections (f), (g), (h), and 

12 (i) of section 54A shall apply for purposes of the 

13 credit allowed under subsection (a). 

14 ‘‘(3) APPLICATION OF CERTAIN LABOR STAND15 ARDS.—Notwithstanding any other provision of law, 

16 a school infrastructure bond shall be treated as a 

17 qualified school construction bond for purposes of 

18 the application of section 1601 of the American Re19 covery and Reinvestment Act of 2009 (Public Law 

20 111–5; 26 U.S.C. 54C note.).’’. 

21 (b) CLERICAL AMENDMENTS.— 

22 (1) The table of subparts for part IV of sub23 chapter A of chapter 1 of such Code is amended by 

24 amending the item related to subpart J to read as 

25 follows: 

‘‘SUBPART J—CERTAIN INFRASTRUCTURE BONDS’’. 


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1 (2) The table of chapters for subpart J of part 

2 IV of subchapter A of chapter 1 of such Code is 

3 amended by adding at the end the following new 

4 item: 

‘‘Sec. 54BB. School infrastructure bonds.’’. 

5 (c) TRANSITIONAL COORDINATION WITH STATE

6 LAW.—Except as otherwise provided by a State after the 

7 date of the enactment of this Act, the interest on any 

8 school infrastructure bond (as defined in section 54BB of 

9 the Internal Revenue Code of 1986, as added by this sec10 tion) and the amount of any credit determined under such 

11 section with respect to such bond shall be treated for pur12 poses of the income tax laws of such State as being exempt 

13 from Federal income tax. 

14 (d) CREDIT FOR QUALIFIED BONDS ALLOWED TO

15 ISSUER.—Paragraph (3) of section 6431(f) of such Code 

16 is amended by inserting ‘‘any school infrastructure bond 

17 (as defined in section 54BB) or’’ before ‘‘any qualified tax 

18 credit bond’’. 

19 (e) SEQUESTRATION.—Subparagraph (A) of section 

20 255(g)(1) of the Balanced Budget and Emergency Deficit 

21 Control Act of 1985 is amended by adding before ‘‘Postal 

22 Service Fund’’ the following: ‘‘Payments under section 

23 54BB of the Internal Revenue Code of 1986.’’ 


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1 (f) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to obligations issued after Decem3 ber 31, 2017. 

4 SEC. 1018. EXPANSION OF QUALIFIED ZONE ACADEMY 

5 BONDS. 

6 (a) CONSTRUCTION OF A PUBLIC SCHOOL FACIL7 ITY.—Subparagraph (A) of section 54E(d)(3) of the Inter8 nal Revenue Code of 1986 is amended by striking ‘‘reha9 bilitating or repairing’’ and inserting ‘‘constructing, reha10 bilitating, retrofitting, or repairing’’. 

11 (b) REMOVAL OF PRIVATE BUSINESS CONTRIBUTION

12 REQUIREMENT.—Section 54E of the Internal Revenue 

13 Code of 1986 is amended— 

14 (1) in subsection (a)(3)— 

15 (A) in subparagraph (A), by inserting 

16 ‘‘and’’ at the end; and 

17 (B) by striking subparagraph (B); 

18 (2) by striking subsection (b); and 

19 (3) in paragraph (1) of subsection (c)— 

20 (A) by striking ‘‘and $400,000,0000’’ and 

21 inserting ‘‘$400,000,000’’; and 

22 (B) by striking ‘‘and, except as provided’’ 

23 and all that follows through the period at the 

24 end and inserting ‘‘, and $1,400,000,000 for 

25 2018 and each year thereafter.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to obligations issued after Decem3 ber 31, 2017. 

4 SEC. 1019. ANNUAL REPORT ON BOND PROGRAM. 

5 (a) IN GENERAL.—Not later than September 30 of 

6 each fiscal year beginning after the date of the enactment 

7 of this Act, the Secretary shall submit to the appropriate 

8 congressional committees a report on the school infra9 structure bond program. 

10 (b) ELEMENTS.—The report under paragraph (1) 

11 shall include, with respect to the fiscal year preceding the 

12 year in which the report is submitted, the following: 

13 (1) An identification of— 

14 (A) each local educational agency that re15 ceived funds from a school infrastructure bond; 

16 and 

17 (B) each local educational agency that was 

18 eligible to receive such funds— 

19 (i) but did not receive such funds; or 

20 (ii) received less than the maximum 

21 amount of funds for which the agency was 

22 eligible. 

23 (2) With respect to each local educational agen24 cy described in paragraph (1)— 


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1 (A) an assessment of the capacity of the 

2 agency to raise funds for the long-term im3 provement of public school facilities, as deter4 mined by an assessment of— 

5 (i) the current and historic ability of 

6 the agency to raise funds for construction, 

7 renovation, modernization, and major re8 pair projects for schools, including the abil9 ity of the agency to raise funds through 

10 imposition of property taxes; 

11 (ii) whether the agency has been able 

12 to issue bonds to fund construction 

13 projects, including such bonds as— 

14 (I) qualified school construction 

15 bonds under section 54F of the Inter16 nal Revenue Code of 1986; 

17 (II) qualified zone academy 

18 bonds under section 1397E of the In19 ternal Revenue Code of 1986; and 

20 (III) school infrastructure bonds; 

21 and 

22 (iii) the bond rating of the agency; 

23 (B) the demographic composition of the 

24 student population served by the agency, 

25 disaggregated by— 


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1 (i) race; 

2 (ii) the number and percentage of stu3 dents counted under section 1124(c) of the 

4 Elementary and Secondary Education Act 

5 of 1965 (20 U.S.C. 6333(c)); and 

6 (iii) the number and percentage of 

7 students who are eligible for a free or re8 duced price lunch under the Richard B. 

9 Russell National School Lunch Act (42 

10 U.S.C. 1751 et seq.); 

11 (C) the population density of the geo12 graphic area served by the agency; 

13 (D) a description of the projects carried 

14 out with funds received from school infrastruc15 ture bonds; 

16 (E) a description of the demonstrable or 

17 expected benefits of the projects; and 

18 (F) the estimated number of jobs created 

19 by the projects. 

20 (3) The total dollar amount of all funds re21 ceived by local educational agencies from school in22 frastructure bonds. 

23 (4) Any other factors that the Secretary deter24 mines to be appropriate. 


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1 (c) INFORMATION COLLECTION.—A State or local 

2 educational agency that receives funds from a school infra3 structure bond shall— 

4 (1) annually compile the information necessary 

5 for the Secretary to determine the elements de6 scribed in subsection (b); and 

7 (2) report the information to the Secretary at 

8 such time and in such manner as the Secretary may 

9 require. 

10 SEC. 1020. ALLOWABLE USES OF FUNDS. 

11 (a) IN GENERAL.—Except as provided in section 302, 

12 a local educational agency that receives covered funds may 

13 use such funds to— 

14 (1) develop the facilities master plan required 

15 under section 103(e); 

16 (2) construct, modernize, renovate, or retrofit 

17 public school facilities, which may include seismic 

18 retrofitting for schools vulnerable to natural disas19 ters; 

20 (3) carry out major repairs of public school fa21 cilities; 

22 (4) install furniture or fixtures with at least a 

23 10-year life in public school facilities; 

24 (5) construct new public school facilities; 


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1 (6) acquire and prepare sites on which new 

2 public school facilities will be constructed; 

3 (7) extend the life of basic systems and compo4 nents of public school facilities; 

5 (8) reduce current or anticipated overcrowding 

6 in public school facilities; 

7 (9) ensure the building envelopes of public 

8 school facilities are structurally sound, secure, and 

9 protects occupants and interiors from the elements; 

10 (10) improve energy and water efficiency to 

11 lower the costs of energy and water consumption in 

12 public school facilities; 

13 (11) improve indoor air quality in public school 

14 facilities; 

15 (12) reduce or eliminate the presence of— 

16 (A) toxins and chemicals, including mer17 cury, radon, PCBs, lead, and asbestos; 

18 (B) mold and mildew; or 

19 (C) rodents and pests; 

20 (13) ensure the safety of drinking water at the 

21 tap and water used for meal preparation in public 

22 school facilities, which may include testing of the po23 tability of water at the tap for the presence of lead 

24 and other contaminants; 


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1 (14) bring public school facilities into compli2 ance with applicable fire, health, and safety codes; 

3 (15) make public school facilities accessible to 

4 people with disabilities through compliance with the 

5 Americans with Disabilities Act of 1990 (42 U.S.C. 

6 12101 et seq.) and section 504 of the Rehabilitation 

7 Act of 1973 (29 U.S.C. 794); 

8 (16) provide instructional program space im9 provements for programs relating to early learning 

10 (including early learning programs operated by part11 ners of the agency), special education, science, tech12 nology, career and technical education, physical edu13 cation, or the arts; 

14 (17) increase the use of public school facilities 

15 for the purpose of community-based partnerships 

16 that provide students with academic, health, and so17 cial services; 

18 (18) ensure the health of students and staff 

19 during the construction or modernization of public 

20 school facilities; or 

21 (19) reduce or eliminate excessive classroom 

22 noise. 

23 (b) ALLOWANCE FOR DIGITAL LEARNING.—A local 

24 educational agency may use funds received under section 

25 103(a)(2) or proceeds from a school infrastructure bond 


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1 limitation allocated under section 54BB(g)(1)(C) of the 

2 Internal Revenue Code of 1986 (as added by section 201) 

3 to leverage existing public programs or public-private part4 nerships to expand access to high-speed broadband suffi5 cient for digital learning. 

6 SEC. 1021. PROHIBITED USES. 

7 A local educational agency that receives covered 

8 funds may not use such funds for— 

9 (1) payment of routine and predictable mainte10 nance costs and minor repairs; 

11 (2) any facility that is primarily used for ath12 letic contests or exhibitions or other events for which 

13 admission is charged to the general public; 

14 (3) vehicles; 

15 (4) central offices, operation centers, or other 

16 facilities that are not primarily used to educate stu17 dents; or 

18 (5) digital infrastructure or handheld digital de19 vices. 

20 SEC. 1022. GREEN PRACTICES. 

21 (a) IN GENERAL.—In a given fiscal year, a local edu22 cational agency that uses covered funds for a new con23 struction project or renovation project shall use not less 

24 than the applicable percentage (as described in subsection 

25 (b)) of the funds used for such project for construction 


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1 or renovation that is certified, verified, or consistent with 

2 any applicable provisions of— 

3 (1) the United States Green Building Council 

4 Leadership in Energy and Environmental Design 

5 green building rating standard (commonly known as 

6 the ‘‘LEED Green Building Rating System’’); 

7 (2) the Living Building Challenge developed by 

8 the International Living Future Institute; 

9 (3) a green building rating program developed 

10 by the Collaborative for High-Performance Schools 

11 (commonly known as ‘‘CHPS’’) that is CHPS12 verified; 

13 (4) a program that— 

14 (A) has standards that are equivalent to or 

15 more stringent than the standards of a program 

16 described in paragraphs (1) through (3); 

17 (B) is adopted by the State or another ju18 risdiction with authority over the agency; and 

19 (C) includes a verifiable method to dem20 onstrate compliance with such program. 

21 (b) APPLICABLE PERCENTAGE.—The applicable per22 centage described in this subsection is— 

23 (1) for fiscal year 2018, 60 percent; 

24 (2) for fiscal year 2019, 70 percent; 

25 (3) for fiscal year 2020; 80 percent; 


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1 (4) for fiscal year 2021, 90 percent; and 

2 (5) for each of fiscal years 2022 through 2027, 

3 100 percent. 

4 SEC. 1023. USE OF AMERICAN IRON, STEEL, AND MANUFAC5 TURED PRODUCTS. 

6 (a) IN GENERAL.—A local educational agency that 

7 receives covered funds shall ensure that any iron, steel, 

8 and manufactured products used in projects carried out 

9 with such funds are produced in the United States. 

10 (b) WAIVER AUTHORITY.— 

11 (1) IN GENERAL.—The Secretary may waive 

12 the requirement of subsection (a) if the Secretary 

13 determines that— 

14 (A) applying subsection (a) would be in15 consistent with the public interest; 

16 (B) iron, steel, and manufactured products 

17 produced in the United States are not produced 

18 in a sufficient and reasonably available amount 

19 or are not of a satisfactory quality; or 

20 (C) using iron, steel, and manufactured 

21 products produced in the United States will in22 crease the cost of the overall project by more 

23 than 25 percent. 

24 (2) PUBLICATION.—Before issuing a waiver 

25 under paragraph (1), the Secretary shall publish in 


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1 the Federal Register a detailed written explanation 

2 of the waiver determination. 

3 (c) CONSISTENCY WITH INTERNATIONAL AGREE4 MENTS.—This section shall be applied in a manner con5 sistent with the obligations of the United States under 

6 international agreements. 

7 (d) DEFINITIONS.—In this section: 

8 (1) PRODUCED IN THE UNITED STATES.—The 

9 term ‘‘produced in the United States’’ means the fol10 lowing: 

11 (A) When used with respect to a manufac12 tured product, the product was manufactured in 

13 the United States and the cost of the compo14 nents of such product that were mined, pro15 duced, or manufactured in the United States 

16 exceeds 60 percent of the total cost of all com17 ponents of the product. 

18 (B) When used with respect to iron or 

19 steel products, or an individual component of a 

20 manufactured product, all manufacturing proc21 esses for such iron or steel products or compo22 nents, from the initial melting stage through 

23 the application of coatings, occurred in the 

24 United States. Except that the term does not 

25 include— 


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1 (i) steel or iron material or products 

2 manufactured abroad from semi-finished 

3 steel or iron from the United States; and 

4 (ii) or iron material or products man5 ufactured in the United States from semi6 finished steel or iron of foreign origin. 

7 (2) MANUFACTURED PRODUCT.—The term 

8 ‘‘manufactured product’’ means any construction 

9 material or end product (as such terms are defined 

10 in part 25.003 of the Federal Acquisition Regula11 tion) that is not an iron or steel product, includ12 ing— 

13 (A) electrical components; and 

14 (B) non-ferrous building materials, includ15 ing, aluminum and polyvinylchloride (PVC), 

16 glass, fiber optics, plastic, wood, masonry, rub17 ber, manufactured stone, any other non-ferrous 

18 metals, and any unmanufactured construction 

19 material. 

20 SEC. 1024. COMPTROLLER GENERAL REPORT. 

21 (a) IN GENERAL.—Not later than the date that is 

22 2 years after the date of the enactment of this Act, the 

23 Comptroller General of the United States shall submit to 

24 the appropriate congressional committees a report on the 

25 projects carried out with covered funds. 


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1 (b) ELEMENTS.—The report under subsection (a) 

2 shall include an assessment of— 

3 (1) the types of projects carried out with cov4 ered funds; 

5 (2) the geographic distribution of the projects; 

6 (3) an assessment of the impact of the projects 

7 on the health and safety of school staff and stu8 dents; and 

9 (4) how the Secretary or States could make 

10 covered funds more accessible— 

11 (A) to schools with highest numbers and 

12 percentages of students counted under section 

13 1124(c) of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6333(c)); and 

15 (B) to schools with fiscal challenges in 

16 raising capital for school infrastructure 

17 projects. 

18 (c) UPDATES.—The Comptroller General shall up19 date and resubmit the report to the appropriate congres20 sional committees— 

21 (1) on a date that is between 5 and 6 years 

22 after the date of enactment of this Act; and 

23 (2) on a date that is between 10 and 11 years 

24 after such date of enactment. 


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1 SEC. 1025. STUDY AND REPORT PHYSICAL CONDITION OF 

2 PUBLIC SCHOOLS. 

3 (a) STUDY AND REPORT.—Not less frequently than 

4 once in each 5-year period beginning after the date of the 

5 enactment of this Act, the Secretary, acting through the 

6 Director of the Institute of Education Sciences, shall— 

7 (1) carry out a comprehensive study of the 

8 physical conditions of public schools in the United 

9 States, including schools that received covered funds 

10 schools that did not receive such funds; and 

11 (2) submit a report to the appropriate congres12 sional committees that includes that results of the 

13 study. 

14 (b) ELEMENTS.—Each study and report under sub15 section (a) shall include an assessment of— 

16 (1) the effect of school facility conditions on 

17 student and staff health and safety; 

18 (2) the effect of school facility conditions on 

19 student academic outcomes; 

20 (3) the condition of school facilities, set forth 

21 separately by geographic region; 

22 (4) the condition of school facilities for eco23 nomically disadvantaged students as well as students 

24 from major racial and ethnic subgroups; and 

25 (5) the accessibility of school facilities for stu26 dents and staff with disabilities. 


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1 SEC. 1026. DEVELOPMENT OF DATA STANDARDS. 

2 (a) DATA STANDARDS.—Not later than 120 days 

3 after the date of the enactment of this Act, the Secretary, 

4 in consultation with the officials described in subsection 

5 (b), shall— 

6 (1) identify the data that States should collect 

7 and include in the databases developed under section 

8 102(a)(2)(B); 

9 (2) develop standards for the measurement of 

10 such data; and 

11 (3) issue guidance to States concerning the col12 lection and measurement of such data. 

13 (b) OFFICIALS.—The officials described in this sub14 section are— 

15 (1) the Administrator of the Environmental 

16 Protection Agency; 

17 (2) the Secretary of Energy; 

18 (3) the Director of the Centers for Disease 

19 Control and Prevention; and 

20 (4) the Director of the National Institute for 

21 Occupational Safety and Health. 

22 SEC. 1027. INFORMATION CLEARINGHOUSE. 

23 (a) IN GENERAL.—Not later than 120 days after the 

24 date of the enactment of this Act, the Secretary shall es25 tablish a clearinghouse to disseminate information on Fed26 eral programs and financing mechanisms that may be 


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1 used to assist schools in initiating, developing, and financ2 ing— 

3 (1) energy efficiency projects; 

4 (2) distributed generation projects; and 

5 (3) energy retrofitting projects. 

6 (b) ELEMENTS.—In carrying out subsection (a), the 

7 Secretary shall— 

8 (1) consult with the officials described in sec9 tion 307(b) to develop a list of Federal programs 

10 and financing mechanisms to be included in the 

11 clearinghouse; and 

12 (2) coordinate with such officials to develop a 

13 collaborative education and outreach effort to 

14 streamline communications and promote the Federal 

15 programs and financing mechanisms included in the 

16 clearinghouse, which may include the development 

17 and maintenance of a single online resource that in18 cludes contact information for relevant technical as19 sistance that may be used by States, local education 

20 agencies, and schools to effectively access and use 

21 such Federal programs and financing mechanisms. 


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1 SEC. 1028. TEMPORARY INCREASE IN FUNDING FOR IM2 PACT AID CONSTRUCTION. 

3 Section 7014(d) of the Elementary and Secondary 

4 Education Act of 1965 (20 U.S.C. 7714(d)) is amended 

5 to read as follows: 

6 ‘‘(d) CONSTRUCTION.—For the purpose of carrying 

7 out section 7007, there are authorized to be appro8 priated— 

9 ‘‘(1) $17,406,000 for fiscal year 2017; 

10 ‘‘(2) $50,406,000 for each of fiscal years 2018 

11 and 2019; and 

12 ‘‘(3) $52,756,765 for fiscal year 2020.’’. 

13 Subtitle B—Building Resiliency 

14 SEC. 1201. DEFINITIONS. 

15 For purposes of this subtitle, the following definitions 

16 shall apply: 

17 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti18 ty’’ means— 

19 (A) a State; 

20 (B) a unit of general local government; 

21 (C) an Indian tribe; or 

22 (D) a regional entity comprised of entities 

23 described in subparagraph (A), (B), or (C). 

24 (2) NATIONAL CENTER.—The term ‘‘National 

25 Center’’ means the National Research Center for 

26 Resilience established under section 143. 


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1 (3) RESILIENCE.—The term ‘‘resilience’’ means 

2 the ability to prepare and plan for, absorb, recover 

3 from, and more successfully adapt to disasters, 

4 chronic stresses, and acute shocks, including any 

5 hurricane, tornado, storm, high water, recurrent 

6 flooding, wind-driven water, tidal wave, tsunami, 

7 earthquake, volcanic eruption, fire, landslide, 

8 mudslide, snowstorm, or drought. 

9 (4) RESILIENCE GRANT.—The term ‘‘resilience 

10 grant’’ means a grant awarded under section 142. 

11 (5) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of Housing and Urban Development. 

13 (6) STATE; UNIT OF GENERAL LOCAL GOVERN14 MENT; INDIAN TRIBE.—The terms ‘‘State’’, ‘‘unit of 

15 general local government’’, and ‘‘Indian tribe’’ have 

16 the meanings given such terms in section 102 of the 

17 Housing and Community Development Act of 1974 

18 (42 U.S.C. 5302). 

19 SEC. 1202. COMMUNITY RESILIENCE GRANT PROGRAM. 

20 (a) AUTHORITY.—The Secretary of Housing and 

21 Urban Development shall carry out a Community Resil22 ience Grant Program under this section to provide assist23 ance to communities for increasing resilience to chronic 

24 stresses and acute shocks, including improving long-term 

25 resilience of infrastructure and housing. 


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1 (b) GRANTEES.—Grant amounts shall be awarded on 

2 a competitive basis, as provided under section 102 of the 

3 Department of Housing and Urban Development Reform 

4 Act of 1989 (42 U.S.C. 3545), only to eligible entities, 

5 within whose boundaries or jurisdictions are located any 

6 area for which a major disaster was declared pursuant to 

7 section 401 of the Robert T. Stafford Disaster Relief and 

8 Emergency Assistance Act (42 U.S.C. 5170), during the 

9 5-year period ending upon the date on which the eligible 

10 entity submits an application for such a grant. 

11 (c) ELIGIBLE ACTIVITIES.— 

12 (1) IN GENERAL.—Amounts from a resilience 

13 grant may be used only for activities authorized 

14 under either section 105 or 108 of the Housing and 

15 Community Development Act of 1974 (42 U.S.C. 

16 5305, 5308), but not including activities under para17 graphs (9) and (10) of such section 105(a). 

18 (2) CONSULTATION.—The Secretary shall con19 sult with the Administrator of the Federal Emer20 gency Management Agency, the Chief of Engineers 

21 and Commanding General of the United States 

22 Army Corps of Engineers, the Administrator of the 

23 Environmental Protection Agency, and the Secretary 

24 of Transportation before awarding a resilience grant 

25 to ensure that there is no duplication of assistance 


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1 with respect to activities carried out with amounts 

2 provided from a resilience grant. 

3 (d) MATCHING REQUIREMENT.— 

4 (1) IN GENERAL.—The Secretary shall require 

5 each recipient of a resilience grant to supplement 

6 the amounts of the grant with an amount of funds 

7 from non-Federal sources that is not less than 50 

8 percent of the amount of the resilience grant. 

9 (2) FORM OF NON-FEDERAL SHARE.—Supple10 mental funds provided under paragraph (1) may in11 clude any non-monetary, in-kind contributions in 

12 connection with activities carried out under the plan 

13 approved under subsection (e) for the grant recipi14 ent. 

15 (e) APPLICATION; SELECTION; SELECTION CRITERIA; 

16 PLANS.— 

17 (1) APPLICATIONS.— 

18 (A) REQUIREMENT.—The Secretary shall 

19 provide for eligible entities to submit applica20 tions for resilience grants. 

21 (B) PLANS FOR USE OF GRANT FUNDS.— 

22 The Secretary shall require each application for 

23 a resilience grant to include a plan detailing the 

24 proposed use of all grant funds, including how 


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1 the use of such funds will address long-term re2 silience of infrastructure and housing. 

3 (2) REVIEW AND SELECTION; CRITERIA FOR SE4 LECTION.— 

5 (A) COMPETITION.—Resilience grants shall 

6 be awarded on a competitive basis and the Sec7 retary shall establish and utilize a transparent, 

8 reliable, and valid system for reviewing and 

9 evaluating applications for resilience grants, in 

10 accordance with section 102 of the Department 

11 of Housing and Urban Development Reform 

12 Act of 1989 (42 U.S.C. 3545). 

13 (B) CRITERIA.—The Secretary shall estab14 lish, by notice, and utilize criteria for selecting 

15 applications to be funded under this section, 

16 which shall— 

17 (i) be based primarily on a determina18 tion of greatest need, as such term is de19 fined by the Secretary; 

20 (ii) provide due consideration to other 

21 enumerated factors, including the ability of 

22 the plan for use of grant funds required 

23 under paragraph (1)(B) to increase an ap24 plicant’s resilience, and the capacity of the 


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1 applicant to successfully implement the ac2 tivities described in such plan; 

3 (iii) provide that the Secretary shall 

4 consider that an application that includes a 

5 plan for use of grant funds that consists of 

6 a resilience or mitigation plan previously 

7 approved by another Federal agency, in8 cluding a hazard mitigation plan developed 

9 under section 322 of the Robert T. Staf10 ford Disaster Relief and Emergency Assist11 ance Act (42 U.S.C. 5165), shall be suffi12 cient for purposes of paragraph (1)(B) if, 

13 together with such plan, the applicant in14 cludes a detailed description regarding use 

15 of all grant funds provided under this sec16 tion; 

17 (iv) give consideration to the need for 

18 resilience grants to be awarded to eligible 

19 entities in each region of the United 

20 States; and 

21 (v) give consideration to applicants 

22 whose plans submitted under paragraph 

23 (1)(B) propose innovative approaches to 

24 increasing community resilience to extreme 

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1 silience of infrastructure and housing and 

2 economic resilience. 

3 (f) ADMINISTRATION; TREATMENT AS CDBG 

4 FUNDS.—Except as otherwise provided by this subtitle, 

5 amounts appropriated, revenues generated, or amounts 

6 otherwise made available to eligible entities under this sec7 tion shall be treated as though such funds were commu8 nity development block grant funds under title I of the 

9 Housing and Community Development Act of 1974 (42 

10 U.S.C. 5301 et seq.). 

11 (g) ENVIRONMENTAL REVIEWS.— 

12 (1) ASSUMPTION OF RESPONSIBILITIES.— 

13 (A) IN GENERAL.—In order to ensure that 

14 the policies of the National Environmental Pol15 icy Act of 1969 (42 U.S.C. 4321 et seq.), and 

16 other provisions of law which further the pur17 poses of such Act (as specified in regulations 

18 issued by the Secretary) are most effectively im19 plemented in connection with the expenditure of 

20 funds under this section, and to assure to the 

21 public undiminished protection of the environ22 ment, the Secretary, in lieu of the environ23 mental protection procedures otherwise applica24 ble, may under regulations provide for the re25 lease of funds for particular projects to recipiVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 ents of resilience grants who assume all of the 

2 responsibilities for environmental review, deci3 sionmaking, and action pursuant to such Act, 

4 and such other provisions of law as the regula5 tions of the Secretary specify, that would apply 

6 to the Secretary were the Secretary to under7 take such projects as Federal projects. 

8 (B) CONSULTATION.—The Secretary shall 

9 issue regulations to carry out this paragraph 

10 only after consultation with the Council on En11 vironmental Quality. 

12 (2) SUBMISSION OF CERTIFICATION.— 

13 (A) IN GENERAL.—The Secretary shall ap14 prove the release of funds for projects subject 

15 to the procedures authorized by this subsection 

16 only if, at least 15 days prior to such approval 

17 and prior to any commitment of funds to such 

18 projects other than for purposes authorized by 

19 section 105(a)(12) of the Housing and Commu20 nity Development Act of 1974 (42 U.S.C. 

21 5305(a)(12)), or for environmental studies, the 

22 recipient of a resilience grant has submitted to 

23 the Secretary a request for such release accom24 panied by a certification which meets the re25 quirements of paragraph (3). 


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1 (B) SATISFACTION OF ENVIRONMENTAL

2 LAWS.—The Secretary’s approval of any such 

3 certification shall be deemed to satisfy the Sec4 retary’s responsibilities under the National En5 vironmental Policy Act of 1969 and such other 

6 provisions of law as the regulations of the Sec7 retary specify insofar as those responsibilities 

8 relate to the releases of funds for projects to be 

9 carried out pursuant thereto which are covered 

10 by such certification. 

11 (3) REQUIREMENTS OF CERTIFICATION.—A 

12 certification under the procedures authorized by this 

13 subsection shall— 

14 (A) be in a form acceptable to the Sec15 retary; 

16 (B) be executed by the chief executive offi17 cer or other officer of the recipient of a resil18 ience grant who is qualified under regulations 

19 of the Secretary; 

20 (C) specify that the recipient of the resil21 ience grant has fully carried out its responsibil22 ities as described under paragraph (1) of this 

23 subsection; and 

24 (D) specify that the certifying officer— 


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1 (i) consents to assume the status of a 

2 responsible Federal official under the Na3 tional Environmental Policy Act of 1969 

4 and each provision of law specified in regu5 lations issued by the Secretary insofar as 

6 the provisions of such Act or other such 

7 provision of law apply pursuant to para8 graph (1) of this subsection; and 

9 (ii) is authorized and consents on be10 half of the recipient of the resilience grant 

11 and the certifying office to accept the ju12 risdiction of the Federal courts for the 

13 purpose of enforcement of his responsibil14 ities as such an official. 

15 (4) GRANTS TO STATES.—In the case of a resil16 ience grant made to a State— 

17 (A) the State shall perform those actions 

18 of the Secretary described in paragraph (2); 

19 and 

20 (B) the performance of such actions shall 

21 be deemed to satisfy the Secretary’s responsibil22 ities referred to in subparagraph (B) of such 

23 paragraph. 

24 (5) IMPLEMENTATION.—The Secretary shall 

25 implement this subsection in a manner consistent 


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1 with the implementation of section 104(g) of the 

2 Housing and Community Development Act of 1974 

3 (42 U.S.C. 5304(g)). 

4 SEC. 1203. NATIONAL RESEARCH CENTER FOR RESILIENCE. 

5 (a) ESTABLISHMENT.—The Secretary, acting 

6 through the Office of Policy Development and Research, 

7 shall— 

8 (1) select, on a competitive basis, a single non9 profit organization having a national reputation for 

10 expertise in resilience research and capacity building 

11 to develop a National Research Center for Resil12 ience; and 

13 (2) subject only to the availability of amounts 

14 provided in appropriation Acts, make annual grants 

15 of amounts made available pursuant to section 

16 146(b)(1) for the establishment and operation of the 

17 National Center. 

18 (b) ACTIVITIES.—The National Center shall— 

19 (1) collaborate with institutions of higher edu20 cation as partners to create a best practices sharing 

21 network to support the programs and activities car22 ried out with resilience grants; 

23 (2) coordinate with any other relevant centers 

24 and entities throughout the Federal Government on 

25 efforts relating to improving community resilience; 


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1 (3) collect and disseminate research and other 

2 information about evidence-based and promising 

3 practices related to resilience to inform the efforts of 

4 research partners and to support the programs and 

5 activities carried out with resilience grants; 

6 (4) increase the public’s knowledge and under7 standing of effective practices to improve regional 

8 and community resilience throughout the United 

9 States; and 

10 (5) make grants under subsection (d) for Re11 gional Centers for Resilience. 

12 (c) DISSEMINATION OF PROVEN PRACTICES.—The 

13 Secretary shall collect information from the National Cen14 ter regarding its activities and research and shall develop, 

15 manage, and regularly update an online site to dissemi16 nate proven practices for improving community resilience. 

17 (d) GRANTS FOR REGIONAL CENTERS FOR RESIL18 IENCE.— 

19 (1) GRANT PROGRAM.—The National Center 

20 shall carry out a program to make grants to institu21 tions of higher education, or other non-profit organi22 zations, having a national reputation to establish a 

23 Regional Center for Resilience in each of the 10 re24 gions of the Department of Housing and Urban De25 velopment, as that shall serve as regional research 


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1 partners with recipients of resilience grants that are 

2 located in the same geographic region as such insti3 tution, in collaboration with the National Center. 

4 (2) SUPPORT SERVICES.—A Regional Center 

5 for Resilience receiving a grant under this section 

6 shall use such grant amounts to— 

7 (A) provide research support to recipients 

8 of resilience grants, including support services 

9 for data collection, general research, and anal10 ysis to assess the progress of activities carried 

11 out with resilience grants; 

12 (B) provide technical assistance to prospec13 tive applicants for, and recipients of, resilience 

14 grants; and 

15 (C) collaborate with and share information 

16 with the National Center. 

17 SEC. 1204. ANNUAL PROGRAMS REPORT. 

18 The Secretary shall annually submit to the Congress, 

19 and make publicly available, a report on the programs car20 ried out under this subtitle, which shall evaluate the per21 formance of such programs using the program perform22 ance metrics established under Executive Order 13576 (76 

23 Fed. Reg. 35297), or any subsequent replacement execu24 tive order. 


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1 SEC. 1205. GAO REPORTS. 

2 (a) ACCESS TO INFORMATION.—The Comptroller 

3 General of the United States shall have access to all infor4 mation regarding and generated by the programs carried 

5 out under this subtitle. 

6 (b) REPORTS.—Not later than the expiration of the 

7 2-year period beginning on the date of the enactment of 

8 this Act, and every two years thereafter, the Comptroller 

9 General shall submit to the Congress a report analyzing 

10 and assessing the performance of the programs carried out 

11 under this subtitle. 

12 SEC. 1206. FUNDING. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this subtitle 

15 $1,000,000,000 for each of fiscal years 2019 through 

16 2023. 

17 (b) ALLOCATION.—Of any amounts appropriated for 

18 each such fiscal year— 

19 (1) 1.0 percent shall be available for grants 

20 under section 143; 

21 (2) 0.1 percent shall be available to the Office 

22 of Community Planning and Development for nec23 essary costs, including information technology costs 

24 and salaries and expenses, of administering and 

25 overseeing funds made available for grants under 

26 sections 142 and 143; and 


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1 (3) the remainder shall be available for resil2 ience grants under section 142. 

3 TITLE II—POVERTY 

4 SEC. 2001. ALLOCATION OF FUNDS FOR ASSISTANCE IN 

5 PERSISTENT POVERTY COUNTIES. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, of the funds made available (if any) in each 

8 of fiscal years 2019 through 2028 in any appropriations 

9 Act for each of the following accounts or activities, 10 per10 cent of such funds shall be allocated for assistance in per11 sistent poverty counties: 

12 (1) ‘‘Department of Agriculture, Rural Develop13 ment Programs’’. 

14 (2) ‘‘Department of Commerce, Economic De15 velopment Administration, Economic Development 

16 Assistance Programs’’. 

17 (3) ‘‘Department of Commerce, National Insti18 tute of Standards and Technology, Construction of 

19 Research Facilities’’. 

20 (4) ‘‘Department of Education, Fund for the 

21 Improvement of Education’’. 

22 (5) ‘‘Department of Education, Fund for the 

23 Improvement of Postsecondary Education’’. 


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1 (6) ‘‘Department of Labor, Employment and 

2 Training Administration, Training and Employment 

3 Services’’. 

4 (7) ‘‘Department of Health and Human Serv5 ices, Health Resources and Services Administra6 tion’’. 

7 (8) ‘‘Department of Housing and Urban Devel8 opment, Economic Development Initiative’’. 

9 (9) ‘‘Department of Justice, Office of Justice 

10 Programs’’. 

11 (10) ‘‘Environmental Protection Agency, State 

12 and Tribal Assistance Grants, Water and Waste13 water’’. 

14 (11) ‘‘Department of Transportation, Federal 

15 Highway Administration, Transportation Commu16 nity and System Preservation’’. 

17 (12) ‘‘Department of the Treasury, Community 

18 Development Financial Institutions’’. 

19 (b) DETERMINATION OF PERSISTENT POVERTY

20 COUNTIES.—For purposes of this section, the term ‘‘per21 sistent poverty counties’’ means any county with a poverty 

22 rate of at least 20 percent, as determined in each of the 

23 1990 and 2000 decennial censuses and the Bureau of the 

24 Census’s Small Area Income and Poverty Estimates 


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1 (‘‘SAIPE’’) for the most recent year for which SAIPE 

2 data is available. 

3 (c) REPORTS.—Not later than six months after the 

4 date of the enactment of this Act, each department or 

5 agency listed in subsection (a) shall submit to Congress 

6 a progress report on the implementation of this section. 

7 SEC. 2002. SENSE OF THE CONGRESS. 

8 It is the sense of the Congress that a qualified entity 

9 conducting a demonstration project under the Assets for 

10 Independence Act should, to the maximum extent prac11 ticable, increase— 

12 (1) the rate at which the entity matches con13 tributions by individuals participating in the project 

14 under section 410(a)(1) of such Act; or 

15 (2) the number of individuals participating in 

16 the project. 

17 SEC. 2003. FINDINGS. 

18 Section 402 of the Assets for Independence Act (42 

19 U.S.C. 604 note) is amended— 

(1) in paragraph (2), by striking ‘‘Fully 1 20 ⁄2’’ 

and inserting ‘‘Almost 1 21 ⁄4’’; and 

22 (2) in paragraph (4), by striking the first sen23 tence and inserting the following: ‘‘Traditional pub24 lic assistance programs concentrate on income and 

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1 ponent to promote and support the transition to in2 creased economic self-sufficiency.’’. 

3 SEC. 2004. DEFINITIONS. 

4 Section 404 of the Assets for Independence Act (42 

5 U.S.C. 604 note) is amended— 

6 (1) by striking paragraph (4) and inserting the 

7 following: 

8 ‘‘(4) HOUSEHOLD.—The term ‘household’ 

9 means an individual or group of individuals who live 

10 in a single residence. Multiple households may share 

11 a single residence.’’; 

12 (2) in paragraph (5)(A)— 

13 (A) by striking clause (iii); 

14 (B) by redesignating clauses (iv) through 

15 (vi) as clauses (iii) through (v), respectively; 

16 and 

17 (C) in clause (iv), as so redesignated by 

18 subparagraph (B), by striking ‘‘clause (vi)’’ and 

19 inserting ‘‘clause (v)’’; 

20 (3) in paragraph (7)(A), by striking clauses (ii) 

21 and (iii) and inserting the following: 

22 ‘‘(ii) a State or local government 

23 agency (or a public housing agency, as de24 fined in section 3(b)(6) of the United 

25 States Housing Act of 1937 (42 U.S.C. 


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1 1437a(b)(6))) or a tribal government (or a 

2 tribally designated housing entity, as de3 fined in section 4(22) of the Native Amer4 ican Housing Assistance and Self-Deter5 mination Act of 1996 (25 U.S.C. 

6 4103(22))); 

7 ‘‘(iii) a credit union designated as a 

8 low-income credit union by the National 

9 Credit Union Administration (NCUA); or 

10 ‘‘(iv) an organization designated as a 

11 community development financial institu12 tion by the Secretary of the Treasury (or 

13 the Community Development Financial In14 stitutions Fund).’’; and 

15 (4) in paragraph (8)— 

16 (A) in subparagraph (A)— 

17 (i) in the first sentence— 

18 (I) by inserting ‘‘of an eligible in19 dividual or the dependent of an eligi20 ble individual (as such term is used in 

21 subparagraph (E)(ii))’’ after ‘‘ex22 penses’’; and 

23 (II) by inserting ‘‘, or to a vendor 

24 pursuant to an education purchase 


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1 plan approved by a qualified entity’’ 

2 before the period; 

3 (ii) in clause (i)— 

4 (I) in subclause (II), by inserting 

5 ‘‘or for courses described in subclause 

6 (III)’’ after ‘‘eligible educational insti7 tution’’; and 

8 (II) by adding at the end the fol9 lowing: 

10 ‘‘(III) PREPARATORY

11 COURSES.—Preparatory courses for 

12 an examination required for admission 

13 to an eligible educational institution, 

14 for successful performance at an eligi15 ble educational institution, or for a 

16 professional licensing or certification 

17 examination. 

18 ‘‘(IV) ROOM AND BOARD AND

19 TRANSPORTATION.—Room and board 

20 and transportation, including com21 muting expenses, necessary to enable 

22 attendance at courses of instruction at 

23 an eligible educational institution or 

24 attendance at courses described in 

25 subclause (III).’’; 


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1 (iii) by striking clause (ii) and insert2 ing the following: 

3 ‘‘(ii) ELIGIBLE EDUCATIONAL INSTI4 TUTION.—The term ‘eligible educational 

5 institution’ means— 

6 ‘‘(I) an institution described in 

7 section 101 or 102 of the Higher 

8 Education Act of 1965 (20 U.S.C. 

9 1001, 1002); or 

10 ‘‘(II) an area career and tech11 nical education school, as defined in 

12 section 3(3) of the Carl D. Perkins 

13 Career and Technical Education Act 

14 of 2006 (20 U.S.C. 2302(3)).’’; and 

15 (iv) by adding at the end the fol16 lowing: 

17 ‘‘(iii) EDUCATION PURCHASE PLAN.— 

18 The term ‘education purchase plan’ means 

19 a plan— 

20 ‘‘(I) for the purchase of items or 

21 services described in subclauses (II) 

22 through (IV) of clause (i) from enti23 ties other than eligible educational in24 stitutions; 


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1 ‘‘(II) that includes a description 

2 of the items or services to be pur3 chased; and 

4 ‘‘(III) that includes such infor5 mation as a qualified entity may re6 quest from the eligible individual in7 volved regarding the necessity of the 

8 items or services to a course of study 

9 at an eligible educational institution 

10 or a course described in clause 

11 (i)(III).’’; 

12 (B) in subparagraph (B)— 

13 (i) by striking clause (i) and inserting 

14 the following: 

15 ‘‘(i) PRINCIPAL RESIDENCE.—The 

16 term ‘principal residence’ means a main 

17 residence the qualified acquisition costs of 

18 which do not exceed 120 percent of the 

19 median house price in the area, as deter20 mined by the Secretary of Housing and 

21 Urban Development for purposes of section 

22 203(b) of the National Housing Act (12 

23 U.S.C. 1709(b)) for a residence occupied 

24 by a number of families that corresponds 


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1 to the number of households occupying the 

2 residence involved.’’; and 

3 (ii) in clause (iii)— 

4 (I) by striking subclause (I) and 

5 inserting the following: 

6 ‘‘(I) IN GENERAL.—Subject to 

7 subclause (II), the term ‘qualified 

8 first-time homebuyer’ means an indi9 vidual participating in the project in10 volved who— 

11 ‘‘(aa) has no sole present 

12 ownership interest in a principal 

13 residence during the 3-year pe14 riod ending on the date of acqui15 sition of the principal residence 

16 to which this subparagraph ap17 plies (except for an interest in 

18 the principal residence); and 

19 ‘‘(bb) has no co-ownership 

20 interest in a principal residence 

21 on the date of acquisition of the 

22 principal residence to which this 

23 subparagraph applies (except for 

24 an interest in the principal resi25 dence).’’; 


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1 (II) by redesignating subclause 

2 (II) as subclause (III); and 

3 (III) by inserting after subclause 

4 (I) the following: 

5 ‘‘(II) EXCEPTION FOR VICTIMS

6 OF DOMESTIC VIOLENCE.—An indi7 vidual participating in the project in8 volved who is a recent or current vic9 tim of domestic violence (as defined in 

10 section 40002(a)(8) of the Violence 

11 Against Women Act of 1994 (42 

12 U.S.C. 13925(a)(8))) shall not be con13 sidered to fail to be a qualified first14 time homebuyer by reason of having a 

15 co-ownership interest in a principal 

16 residence with a person who com17 mitted domestic violence against the 

18 victim.’’; 

19 (C) by redesignating subparagraphs (C) 

20 and (D) as subparagraphs (D) and (E), respec21 tively; 

22 (D) by inserting after subparagraph (B) 

23 the following: 

24 ‘‘(C) HOME REPLACEMENT, REPAIR, OR

25 IMPROVEMENT.—Qualified replacement costs or 


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1 qualified repair or improvement costs with re2 spect to a principal residence, if paid from an 

3 individual development account directly to the 

4 persons to whom the amounts are due. In this 

5 subparagraph: 

6 ‘‘(i) PRINCIPAL RESIDENCE.—The 

7 term ‘principal residence’ means— 

8 ‘‘(I) with respect to payment of 

9 qualified replacement costs, a main 

10 residence the qualified replacement 

11 costs of which do not exceed 120 per12 cent of the median house price in the 

13 area, as determined by the Secretary 

14 of Housing and Urban Development 

15 for purposes of section 203(b) of the 

16 National Housing Act (12 U.S.C. 

17 1709(b)) for a residence occupied by a 

18 number of families that corresponds 

19 to the number of households occu20 pying the residence involved; or 

21 ‘‘(II) with respect to qualified re22 pair or improvement costs, a main 

23 residence the value of which does not 

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1 ments, 120 percent of the median 

2 house price. 

3 ‘‘(ii) QUALIFIED REPLACEMENT

4 COSTS.—The term ‘qualified replacement 

5 costs’ means the costs (including any usual 

6 or reasonable settlement, financing, or 

7 other closing costs) of replacing— 

8 ‘‘(I) a manufactured home that 

9 was manufactured, assembled, or im10 ported for resale before the initial ef11 fectiveness of any Federal manufac12 tured home construction and safety 

13 standards established pursuant to sec14 tion 604 of the National Manufac15 tured Housing Construction and Safe16 ty Standards Act of 1974 (42 U.S.C. 

17 5403); or 

18 ‘‘(II) a residence that fails to 

19 meet local building codes or is not le20 gally habitable. 

21 ‘‘(iii) QUALIFIED REPAIR OR IM22 PROVEMENT COSTS.—The term ‘qualified 

23 repair or improvement costs’ means the 

24 costs of making repairs or improvements 

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1 ing costs) that will enhance the habitability 

2 or long-term value of a residence.’’; and 

3 (E) by adding at the end the following: 

4 ‘‘(F) QUALIFIED TUITION PROGRAMS.— 

5 Contributions paid from an individual develop6 ment account of an eligible individual directly 

7 to a qualified tuition program (as defined in 

8 section 529(b) of the Internal Revenue Code of 

9 1986), for the purpose of covering qualified 

10 higher education expenses (as defined in section 

11 529(e)(3) of such Code) of a dependent of the 

12 individual (as such term is used in subpara13 graph (E)(ii) of this paragraph).’’. 

14 SEC. 2005. APPLICATIONS. 

15 Section 405 of the Assets for Independence Act (42 

16 U.S.C. 604 note) is amended— 

17 (1) in subsection (c)(4), by adding at the end 

18 the following: ‘‘Such funds include funds received 

19 under the Community Services Block Grant Act (42 

20 U.S.C. 9901 et seq.), the Indian Self-Determination 

21 and Education Assistance Act (25 U.S.C. 450b et 

22 seq.), the Native American Housing Assistance and 

23 Self-Determination Act of 1996 (25 U.S.C. 4101 et 

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1 cluding Community Development Block Grant Act 

2 funds and Indian Community Development Block 

3 Grant Act funds), that are formally committed to 

4 the project.’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(h) APPLICATIONS FOR NEW PROJECTS AND RE7 NEWALS OF EXISTING PROJECTS.—For project years be8 ginning on or after the date of the enactment of this sub9 section, the preceding provisions of this section shall only 

10 apply as follows: 

11 ‘‘(1) ANNOUNCEMENT OF PROCEDURES.—Not 

12 later than 180 days after the date of the enactment 

13 of this subsection, the Secretary shall publicly an14 nounce the procedures by which a qualified entity 

15 may submit an application— 

16 ‘‘(A) to conduct a demonstration project 

17 under this title; or 

18 ‘‘(B) for renewal of authority to conduct a 

19 demonstration project under this title. 

20 ‘‘(2) APPROVAL.—The Secretary shall, on a 

21 competitive basis, approve applications submitted 

22 pursuant to the procedures announced under para23 graph (1) of this subsection, taking into account the 

24 assessments required by subsection (c) and giving 


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1 special consideration to the applications described in 

2 paragraph (3) of this subsection. 

3 ‘‘(3) SPECIAL CONSIDERATION.—The applica4 tions described in this paragraph are the following: 

5 ‘‘(A) Applications submitted by qualified 

6 entities proposing to conduct demonstration 

7 projects under this title that will target the fol8 lowing populations: 

9 ‘‘(i) Individuals who are or have been 

10 in foster care. 

11 ‘‘(ii) Victims of domestic violence (as 

12 defined in section 40002(a)(8) of the Vio13 lence Against Women Act of 1994 (42 

14 U.S.C. 13925(a)(8))). 

15 ‘‘(iii) Victims of— 

16 ‘‘(I) a major disaster declared to 

17 exist by the President under section 

18 401 of the Robert T. Stafford Dis19 aster Relief and Emergency Assist20 ance Act (42 U.S.C. 5170) or an 

21 emergency declared to exist by the 

22 President under section 501 of such 

23 Act (42 U.S.C. 5191); or 

24 ‘‘(II) a situation similar to a 

25 major disaster or emergency described 


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1 in subclause (I) declared to exist by 

2 the Governor of a State. 

3 ‘‘(iv) Formerly incarcerated individ4 uals. 

5 ‘‘(v) Individuals who are unemployed 

6 or underemployed. 

7 ‘‘(B) Applications described in subsection 

8 (d). 

9 ‘‘(4) CONTRACTS WITH NONPROFIT ENTI10 TIES.—Subsection (f) shall continue to apply. 

11 ‘‘(5) GRANDFATHERING OF EXISTING STATE12 WIDE PROGRAMS.—Subsection (g) shall continue to 

13 apply, except that any reference in such subsection 

14 to the date of enactment of this Act or to 

15 $1,000,000 shall be deemed to be a reference to the 

16 date of the enactment of this subsection or to 

17 $250,000, respectively.’’. 

18 SEC. 2006. DEMONSTRATION AUTHORITY; ANNUAL GRANTS. 

19 Section 406(a) of the Assets for Independence Act 

20 (42 U.S.C. 604 note) is amended by inserting ‘‘(or, in the 

21 case of an application approved under section 405(h)(2), 

22 not later than 30 days after the date of the approval of 

23 the application)’’ after ‘‘the date of enactment of this 

24 title’’. 


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1 SEC. 2007. RESERVE FUND. 

2 Section 407(c) of the Assets for Independence Act 

3 (42 U.S.C. 604 note) is amended— 

4 (1) in paragraph (1)(D), by inserting ‘‘or orga5 nizations’’ after ‘‘organization’’; and 

6 (2) by striking paragraph (3) and inserting the 

7 following: 

8 ‘‘(3) LIMITATION ON USES.— 

9 ‘‘(A) IN GENERAL.—Of the amount pro10 vided to a qualified entity under section 

11 406(b)— 

12 ‘‘(i) not more than 5.5 percent shall 

13 be used for the purpose described in sub14 paragraph (A) of paragraph (1); 

15 ‘‘(ii) not less than 80 percent shall be 

16 used for the purpose described in subpara17 graph (B) of such paragraph; and 

18 ‘‘(iii) not more than 14.5 percent shall 

19 be used for the purposes described in sub20 paragraphs (C) and (D) of such para21 graph. 

22 ‘‘(B) JOINT ADMINISTRATION OF

23 PROJECT.—If 2 or more qualified entities are 

24 jointly administering a demonstration project, 

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1 paragraph (A) of this paragraph for the pur2 poses described in subparagraphs (A) through 

3 (D) of paragraph (1).’’. 

4 SEC. 2008. ELIGIBILITY FOR PARTICIPATION. 

5 Section 408 of the Assets for Independence Act (42 

6 U.S.C. 604 note) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) INCOME TESTS.—The household meets ei11 ther of the following income tests: 

12 ‘‘(A) ADJUSTED GROSS INCOME TEST.— 

13 The adjusted gross income of the household for 

14 the last taxable year ending in or with the pre15 ceding calendar year does not exceed the great16 er of— 

17 ‘‘(i) 200 percent of the Federal pov18 erty line, as defined in section 673(2) of 

19 the Community Services Block Grant Act 

20 (42 U.S.C. 9902(2)), including any revi21 sion required by such section, for a family 

22 composed of the number of persons in the 

23 household at the end of the taxable year; 

24 or 


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1 ‘‘(ii) 80 percent of the median income 

2 for the area for the taxable year, as deter3 mined by the Secretary of Housing and 

4 Urban Development for purposes of section 

5 3(b)(2) of the United States Housing Act 

6 of 1937 (42 U.S.C. 1437a(b)(2)), taking 

7 into account any family-size adjustment by 

8 the Secretary under such section that cor9 responds to the size of the household at 

10 the end of the taxable year. 

11 ‘‘(B) MODIFIED ADJUSTED GROSS INCOME

12 TEST.— 

13 ‘‘(i) IN GENERAL.—The modified ad14 justed gross income of the household for 

15 the last taxable year ending in or with the 

16 preceding calendar year does not exceed 

17 the amount described in clause (ii) for the 

18 individual whose eligibility is being deter19 mined under this section. 

20 ‘‘(ii) AMOUNT DESCRIBED.—The 

21 amount described in this clause for an in22 dividual is as follows: 

23 ‘‘(I) MARRIED FILING JOINT24 LY.—$40,000 for an individual deVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 scribed in section 1(a)(1) of the Inter2 nal Revenue Code of 1986. 

3 ‘‘(II) SURVIVING SPOUSE.— 

4 $40,000 for an individual described in 

5 section 1(a)(2) of such Code. 

6 ‘‘(III) HEAD OF HOUSEHOLD.— 

7 $30,000 for an individual described in 

8 section 1(b) of such Code. 

9 ‘‘(IV) SINGLE OR MARRIED FIL10 ING SEPARATELY.—$20,000 for an in11 dividual described in section 1(c) or 

12 1(d) of such Code. 

13 ‘‘(iii) ADJUSTMENT FOR INFLA14 TION.— 

15 ‘‘(I) IN GENERAL.—In the case 

16 of a calendar year described in clause 

17 (i) that is after 2018, the dollar 

18 amounts in clause (ii) shall be the dol19 lar amounts determined under this 

20 clause (or clause (ii)) for the previous 

21 year increased by the annual percent22 age increase (if any) in the consumer 

23 price index (all items; U.S. city aver24 age) as of September of the calendar 

25 year described in clause (i). 


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1 ‘‘(II) ROUNDING.—Any dollar 

2 amount determined under subclause 

3 (I) that is not a multiple of $100 shall 

4 be rounded to the next greatest mul5 tiple of $100.’’; and 

6 (B) in paragraph (2), by adding at the end 

7 the following: 

8 ‘‘(D) ADJUSTMENT FOR INFLATION.— 

9 ‘‘(i) IN GENERAL.—In the case of a 

10 calendar year described in subparagraph 

11 (A) that is after 2018, the dollar amount 

12 in such subparagraph shall be the dollar 

13 amount determined under this clause (or 

14 such subparagraph) for the previous year 

15 increased by the annual percentage in16 crease (if any) in the consumer price index 

17 (all items; U.S. city average) as of Sep18 tember of the calendar year described in 

19 such subparagraph. 

20 ‘‘(ii) ROUNDING.—Any dollar amount 

21 determined under clause (i) that is not a 

22 multiple of $100 shall be rounded to the 

23 next greatest multiple of $100.’’; 

24 (2) by redesignating subsection (b) as sub25 section (c); 


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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) CALCULATING INCOME OF HOUSEHOLD.— 

4 ‘‘(1) ADJUSTED GROSS INCOME.—For purposes 

5 of subsection (a)(1)(A), the adjusted gross income of 

6 a household for a taxable year is the sum of the ad7 justed gross incomes of the individuals who are 

8 members of the household at the end of the year. 

9 ‘‘(2) MODIFIED ADJUSTED GROSS INCOME.— 

10 For purposes of subsection (a)(1)(B), the modified 

11 adjusted gross income of a household for a taxable 

12 year is the sum of the modified adjusted gross in13 comes of the individuals who are members of the 

14 household at the end of the year.’’; and 

15 (4) in subsection (c), as so redesignated by 

16 paragraph (2) of this subsection— 

17 (A) by striking ‘‘, including’’ and all that 

18 follows and inserting a period; 

19 (B) by striking ‘‘The Secretary’’ and in20 serting the following: 

21 ‘‘(1) IN GENERAL.—The Secretary’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(2) INDIVIDUALS WHO MOVE BECAUSE OF

24 MAJOR DISASTERS OR EMERGENCIES OR TO FIND

25 EMPLOYMENT.— 


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1 ‘‘(A) IN GENERAL.—The regulations pro2 mulgated under paragraph (1) of this sub3 section shall establish procedures under which 

4 an individual described in subparagraph (B) of 

5 this paragraph may transfer from one dem6 onstration project under this title to another 

7 demonstration project under this title that is 

8 being conducted in another community by a 

9 qualified entity that agrees to accept the indi10 vidual into the project. The regulations shall 

11 not permit such a transfer unless the qualified 

12 entity has sufficient amounts in its Reserve 

13 Fund to make the deposits required by section 

14 410 with respect to the individual. 

15 ‘‘(B) INDIVIDUAL DESCRIBED.—An indi16 vidual described in this subparagraph is an in17 dividual participating in a demonstration 

18 project under this title who moves from the 

19 community in which the project is being con20 ducted— 

21 ‘‘(i) because of— 

22 ‘‘(I) a major disaster declared to 

23 exist in the community by the Presi24 dent under section 401 of the Robert 

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1 gency Assistance Act (42 U.S.C. 

2 5170) or an emergency declared to 

3 exist in the community by the Presi4 dent under section 501 of such Act 

5 (42 U.S.C. 5191); 

6 ‘‘(II) a situation similar to a 

7 major disaster or emergency described 

8 in subclause (I) declared to exist in 

9 the community by the Governor of a 

10 State; or 

11 ‘‘(III) a qualifying life event ex12 perienced by the individual; or 

13 ‘‘(ii) in order to secure employment. 

14 ‘‘(C) QUALIFYING LIFE EVENT DE15 FINED.—For purposes of subparagraph 

16 (B)(i)(III), the term ‘qualifying life event’— 

17 ‘‘(i) means an event determined by 

18 the Secretary to be similar to an event that 

19 would permit the individual to make an 

20 election change with respect to a cafeteria 

21 plan under section 125 of the Internal 

22 Revenue Code of 1986; and 

23 ‘‘(ii) includes— 

24 ‘‘(I) a change in the legal marital 

25 status of the individual; 


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1 ‘‘(II) a change in the number of 

2 dependents of the individual (as such 

3 term is used in section 404(8)(E)(ii) 

4 of this Act); 

5 ‘‘(III) the birth or death of a 

6 child of the individual; 

7 ‘‘(IV) the adoption or placement 

8 for adoption of a child by the indi9 vidual; 

10 ‘‘(V) a change in the provider of 

11 daycare for a child of the individual, 

12 or a significant increase in the cost of 

13 the daycare; and 

14 ‘‘(VI) a change in employment 

15 status of the individual, the spouse of 

16 the individual, or a dependent of the 

17 individual (as such term is used in 

18 section 404(8)(E)(ii)). 

19 ‘‘(3) RELOCATION TO COMMUNITY WHERE NO

20 PROJECT IS AVAILABLE.— 

21 ‘‘(A) IN GENERAL.—An individual de22 scribed in subparagraph (B) of this paragraph 

23 shall be permitted to withdraw funds from the 

24 individual development account of the individual 

25 during the 1-year period following the date the 


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1 individual moves to another community in the 

2 same manner that an individual is permitted 

3 under section 410(d)(2) to withdraw funds dur4 ing the 1-year period following the end of a 

5 demonstration project. 

6 ‘‘(B) INDIVIDUAL DESCRIBED.—An indi7 vidual described in this subparagraph is an in8 dividual who— 

9 ‘‘(i) moves to a community where no 

10 demonstration project under this title is 

11 being conducted; or 

12 ‘‘(ii) after moving to another commu13 nity and making such efforts as the Sec14 retary may require to transfer to another 

15 demonstration project under this title, is, 

16 for any reason other than a violation of the 

17 requirements of this title or regulations 

18 promulgated by the Secretary under this 

19 title, not accepted into another demonstra20 tion project under this title. 

21 ‘‘(C) FUNDS REMAINING IN IDA.—Any 

22 funds remaining in an individual development 

23 account after the end of the 1-year period de24 scribed in subparagraph (A) of this paragraph 

25 shall be treated in the same manner as funds 


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1 remaining in an individual development account 

2 after the end of the 1-year period described in 

3 section 410(d)(2)(A) are treated under section 

4 410(f). 

5 ‘‘(4) RELOCATION BY OTHER INDIVIDUALS.— 

6 The regulations promulgated under paragraph (1) 

7 shall prohibit any individual who is unable to con8 tinue participating in a demonstration project under 

9 this title for any reason, except for an individual de10 scribed in paragraph (2)(B) or (3)(B), from being 

11 eligible to participate in any other demonstration 

12 project conducted under this title.’’. 

13 SEC. 2009. DEPOSITS BY QUALIFIED ENTITIES. 

14 Section 410 of the Assets for Independence Act (42 

15 U.S.C. 604 note) is amended— 

16 (1) in subsection (a)(2), by inserting ‘‘2 times’’ 

17 after ‘‘an amount equal to’’; 

18 (2) in subsection (b), by striking ‘‘$2,000’’ and 

19 inserting ‘‘$5,000’’; 

20 (3) in subsection (c), by striking ‘‘$4,000’’ and 

21 inserting ‘‘$10,000’’; 

22 (4) in subsection (d)— 

23 (A) by striking ‘‘The Secretary shall’’ and 

24 inserting the following: 

25 ‘‘(1) IN GENERAL.—The Secretary shall’’; 


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1 (B) in paragraph (1), as amended by sub2 paragraph (A) of this paragraph, by adding at 

3 the end the following: ‘‘The Secretary may 

4 waive the application of the preceding sentence 

5 in the case of an individual who has partici6 pated in another demonstration project under 

7 this title (including successful completion after 

8 transferring from one project to another project 

9 as described in section 408(c)(2)) or an asset10 building project similar to the demonstration 

11 projects conducted under this title.’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(2) ACCESS FOR 1 YEAR AFTER END OF

14 PROJECT.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 ensure that an eligible individual is able to 

17 withdraw funds from an individual development 

18 account of the individual during the 1-year pe19 riod following the end of the demonstration 

20 project with respect to which deposits were 

21 made into the account (whether the project 

22 ends by reason of expiration of the authority 

23 under section 406(a) of the qualified entity to 

24 conduct the demonstration project, termination 

25 of the authority under section 413 without 


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1 transfer to another qualified entity, or other2 wise). 

3 ‘‘(B) APPROVAL OF WITHDRAWALS.—Dur4 ing the period described in subparagraph (A), 

5 an eligible individual may make a withdrawal 

6 only if the withdrawal is approved in writing— 

7 ‘‘(i) by a responsible official of the 

8 qualified entity; or 

9 ‘‘(ii) by the Secretary, if the Secretary 

10 terminated the authority of the qualified 

11 entity to conduct the demonstration project 

12 under section 413 or the Secretary deter13 mines that the qualified entity is otherwise 

14 unable or unwilling to participate in the 

15 approval process.’’; and 

16 (5) by adding at the end the following: 

17 ‘‘(f) UNUSED FUNDS IN IDA.—If funds remain in 

18 an individual development account after the end of the 1- 

19 year period described in subsection (d)(2)(A) of this sec20 tion, the funds shall be disposed of as considered appro21 priate by the Secretary or a nonprofit entity (as such term 

22 is used in section 404(7)(A)(i)) designated by the Sec23 retary.’’. 


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1 SEC. 2010. REGULATIONS. 

2 Section 411 of the Assets for Independence Act (42 

3 U.S.C. 604 note) is amended— 

4 (1) in the heading, by inserting ‘‘; REGULA5 TIONS’’ after ‘‘PROJECTS’’; 

6 (2) by striking ‘‘A qualified entity’’ and insert7 ing the following: 

8 ‘‘(a) LOCAL CONTROL OVER DEMONSTRATION

9 PROJECTS.—A qualified entity’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(b) REGULATIONS.—Subject to subsection (a), not 

12 later than 180 days after the date of the enactment of 

13 this subsection, the Secretary shall promulgate such regu14 lations as the Secretary considers necessary to implement 

15 this title. The Secretary may provide that any such regula16 tion takes effect on the date of promulgation, but the Sec17 retary shall accept and consider public comments for 60 

18 days after the date of promulgation.’’. 

19 SEC. 2011. ANNUAL PROGRESS REPORTS. 

20 (a) IN GENERAL.—Section 412(b) of the Assets for 

21 Independence Act (42 U.S.C. 604 note) is amended by 

22 striking ‘‘subsection (a) to’’ and all that follows and in23 serting ‘‘subsection (a) to the Secretary.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall apply to reports submitted on or after 

26 the date of the enactment of this Act. 


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1 SEC. 2012. SANCTIONS. 

2 (a) IN GENERAL.—Section 413 of the Assets for 

3 Independence Act (42 U.S.C. 604 note) is amended— 

4 (1) in subsection (b), by striking paragraph (5) 

5 and inserting the following: 

6 ‘‘(5) if, by the end of the 90-day period begin7 ning on the date of the termination, the Secretary 

8 has not found a qualified entity (or entities) de9 scribed in paragraph (3) of this subsection, shall— 

10 ‘‘(A) make every effort to identify, without 

11 conducting a competition (unless the Secretary 

12 determines that conducting a competition would 

13 be feasible and appropriate), another qualified 

14 entity (or entities), in the same or a different 

15 community, willing and able to conduct one or 

16 more demonstration projects under this title 

17 that may differ from the project being termi18 nated; 

19 ‘‘(B) in identifying a qualified entity (or 

20 entities) under subparagraph (A) of this para21 graph, give priority to qualified entities that— 

22 ‘‘(i) are participating in demonstra23 tion projects conducted under this title; 

24 ‘‘(ii) have waiting lists for participants 

25 in the demonstration projects; and 


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1 ‘‘(iii) can demonstrate the availability 

2 of non-Federal funds described in section 

3 405(c)(4), in addition to any such funds 

4 committed to any demonstration projects 

5 being conducted by the qualified entity at 

6 the time the Secretary considers identi7 fying the entity under such subparagraph 

8 (A), to be committed to the demonstration 

9 project (or projects) described in such sub10 paragraph (A) as matching contributions; 

11 and 

12 ‘‘(C) if the Secretary identifies a qualified 

13 entity (or entities) under such subparagraph 

14 (A)— 

15 ‘‘(i) transfer to the entity (or entities) 

16 control over the Reserve Fund established 

17 pursuant to section 407 with respect to the 

18 project being terminated; and 

19 ‘‘(ii) authorize the entity (or entities) 

20 to use the Reserve Fund to conduct a dem21 onstration project (or projects) in accord22 ance with an application approved under 

23 subsection (e) or (h)(2) of section 405 and 

24 the requirements of this title.’’; and 

25 (2) by adding at the end the following: 


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1 ‘‘(c) FOCUS ON COMMUNITY OF TERMINATED

2 PROJECT.—In identifying another qualified entity (or en3 tities) under paragraph (3) or (5) of subsection (b), the 

4 Secretary shall, to the extent practicable, select a qualified 

5 entity (or entities) in the community served by the dem6 onstration project being terminated.’’. 

7 (b) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—The amendment made by 

9 subsection (a) shall apply to terminations occurring 

10 on or after the date of the enactment of this Act. 

11 (2) DISCRETIONARY APPLICATION TO PREVIOUS

12 TERMINATIONS.—The Secretary of Health and 

13 Human Services may apply the amendment to termi14 nations occurring within the 1-year period ending on 

15 the day before the date of the enactment of this Act. 

16 In the case of such an application, any reference in 

17 the amendment to the date of the termination is 

18 deemed a reference to such date of enactment. 

19 SEC. 2013. EVALUATIONS. 

20 Section 414 of the Assets for Independence Act (42 

21 U.S.C. 604 note) is amended— 

22 (1) by striking subsection (a) and inserting the 

23 following: 

24 ‘‘(a) IN GENERAL.—The Secretary may enter into 1 

25 or more contracts with 1 or more independent research 


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1 organizations to evaluate the demonstration projects con2 ducted under this title, individually and as a group, includ3 ing all qualified entities participating in and sources pro4 viding funds for the demonstration projects conducted 

5 under this title. Such a contract may also provide for the 

6 evaluation of other asset-building programs and policies 

7 targeted to low-income individuals.’’; 

8 (2) in subsection (b)— 

9 (A) by striking paragraph (3); 

10 (B) in paragraph (4), by striking ‘‘, and 

11 how such effects vary among different popu12 lations or communities’’; 

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

14 and 

15 (D) by redesignating paragraphs (4) and 

16 (7) as paragraphs (3) and (4), respectively; and 

17 (3) in subsections (b) and (c), by inserting ‘‘(or 

18 organizations)’’ after ‘‘research organization’’ each 

19 place it appears. 

20 SEC. 2014. COSTS OF TRAINING QUALIFIED ENTITIES. 

21 The Assets for Independence Act (42 U.S.C. 604 

22 note) is amended— 

23 (1) by redesignating section 416 as section 417; 

24 and 

25 (2) by inserting after section 415 the following: 


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1 ‘‘SEC. 416. COSTS OF TRAINING QUALIFIED ENTITIES. 

2 ‘‘If the Secretary determines that a qualified entity 

3 conducting a demonstration project under this title should 

4 receive training in order to conduct the project in accord5 ance with an application approved under subsection (e) or 

6 (h)(2) of section 405 or the requirements of this title, or 

7 to otherwise successfully conduct the project, the Sec8 retary may use funds appropriated under section 418 to 

9 cover the necessary costs of the training, including the 

10 costs of travel, accommodations, and meals.’’. 

11 SEC. 2015. WAIVER AUTHORITY. 

12 The Assets for Independence Act (42 U.S.C. 604 

13 note) is amended— 

14 (1) by redesignating section 417, as so redesig15 nated by section 214(1) of this Act, as section 418; 

16 and 

17 (2) by inserting after section 416 the following: 

18 ‘‘SEC. 417. WAIVER AUTHORITY. 

19 ‘‘In order to carry out the purposes of this title, the 

20 Secretary may waive any requirement of this title— 

21 ‘‘(1) relating to— 

22 ‘‘(A) the definition of a qualified entity; 

23 ‘‘(B) the approval of a qualified entity to 

24 conduct a demonstration project under this title 

25 or to receive a grant under this title; 


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1 ‘‘(C) eligibility criteria for individuals to 

2 participate in a demonstration project under 

3 this title; 

4 ‘‘(D) amounts or limitations with respect 

5 to— 

6 ‘‘(i) the matching by a qualified entity 

7 of amounts deposited by an eligible indi8 vidual in the individual development ac9 count of the individual; 

10 ‘‘(ii) the amount of funds that may be 

11 granted to a qualified entity by the Sec12 retary; or 

13 ‘‘(iii) uses by a qualified entity of the 

14 funds granted to the qualified entity by the 

15 Secretary; or 

16 ‘‘(E) the withdrawal of funds from an indi17 vidual development account only for qualified 

18 expenses or as an emergency withdrawal; or 

19 ‘‘(2) the waiver of which is necessary to— 

20 ‘‘(A) permit the Secretary to enter into an 

21 agreement with the Commissioner of Social Se22 curity; 

23 ‘‘(B) allow individuals to be placed on a 

24 waiting list to participate in a demonstration 

25 project under this title; or 


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1 ‘‘(C) allow demonstration projects under 

2 this title to be targeted to populations described 

3 in section 405(h)(3)(A) and to successfully re4 cruit individuals from the populations for par5 ticipation.’’. 

6 SEC. 2016. AUTHORIZATION OF APPROPRIATIONS. 

7 Section 418 of the Assets for Independence Act (42 

8 U.S.C. 604 note), as so redesignated by section 215(1) 

9 of this Act, is amended by inserting after ‘‘2003’’ the fol10 lowing: ‘‘and $75,000,000 for each of fiscal years 2018, 

11 2019, 2020, 2021, and 2022’’. 

12 SEC. 2017. CONFORMING AMENDMENTS. 

13 (a) IN GENERAL.—Section 414(e) of the Assets for 

14 Independence Act (42 U.S.C. 604 note) is amended by 

15 striking ‘‘section 416’’ and inserting ‘‘section 418’’. 

16 (b) TABLE OF CONTENTS.—The table of contents in 

17 section 2 of the Community Opportunities, Accountability, 

18 and Training and Educational Services Act of 1998 (Pub19 lic Law 105–285) is amended— 

20 (1) by striking the item relating to section 411 

21 and inserting the following new item: 

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

22 and 

23 (2) by striking the items relating to sections 

24 415 and 416 and inserting the following new items: 

‘‘Sec. 415. No reduction in benefits. 


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‘‘Sec. 416. Costs of training qualified entities. 

‘‘Sec. 417. Waiver authority. 

‘‘Sec. 418. Authorization of appropriations.’’. 

1 SEC. 2018. GENERAL EFFECTIVE DATE. 

2 The amendments made by sections 204 through 209 

3 shall apply to project years beginning on or after the date 

4 of the enactment of this Act. 

5 SEC. 2019. LOW-INCOME SEWER AND WATER ASSISTANCE 

6 PILOT PROGRAM. 

7 Title I of the Federal Water Pollution Control Act 

8 (33 U.S.C. 1251 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘SEC. 124. LOW-INCOME SEWER AND WATER ASSISTANCE 

11 PILOT PROGRAM. 

12 ‘‘(a) ESTABLISHMENT.—The Administrator shall es13 tablish a pilot program to award grants to not fewer than 

14 10 eligible entities to assist low-income households in 

15 maintaining access to sanitation services. 

16 ‘‘(b) REPORT.—Not later than one year after the 

17 date of enactment of this section, the Administrator shall 

18 submit to Congress a report on the results of the program 

19 established under this section. 

20 ‘‘(c) DEFINITIONS.—In this section: 

21 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en22 tity’ means a municipality, or a public entity that 

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1 fected by a consent decree relating to compliance 

2 with this Act. 

3 ‘‘(2) HOUSEHOLD.—The term ‘household’ 

4 means any individual or group of individuals who 

5 are living together as one economic unit. 

6 ‘‘(3) LOW-INCOME HOUSEHOLD.— 

7 ‘‘(A) IN GENERAL.—The term ‘low-income 

8 household’ means a household— 

9 ‘‘(i) in which one or more individuals 

10 are receiving— 

11 ‘‘(I) assistance under a State 

12 program funded under part A of title 

13 IV of the Social Security Act; 

14 ‘‘(II) supplemental security in15 come payments under title XVI of the 

16 Social Security Act; 

17 ‘‘(III) supplemental nutrition as18 sistance program benefits under the 

19 Food and Nutrition Act of 2008; or 

20 ‘‘(IV) payments under section 

21 1315, 1521, 1541, or 1542 of title 38, 

22 United States Code, or under section 

23 306 of the Veterans’ and Survivors’ 

24 Pension Improvement Act of 1978; or 


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1 ‘‘(ii) that has an income determined 

2 by the State in which the eligible entity is 

3 located to not exceed the greater of— 

4 ‘‘(I) an amount equal to 150 per5 cent of the poverty level for the State; 

6 or 

7 ‘‘(II) an amount equal to 60 per8 cent of the State median income. 

9 ‘‘(B) LOWER INCOME LIMIT.—For pur10 poses of this section, a State may adopt an in11 come limit that is lower than the limit described 

12 in subparagraph (A)(ii), except that the State 

13 may not exclude a household from eligibility in 

14 a fiscal year solely on the basis of household in15 come if the income is less than 110 percent of 

16 the poverty level for the State. 

17 ‘‘(4) PUBLIC WATER SYSTEM.—The term ‘pub18 lic water system’ has the meaning given that term 

19 in section 1401 of the Safe Drinking Water Act (42 

20 U.S.C. 300f). 

21 ‘‘(5) SANITATION SERVICES.—The term ‘sanita22 tion services’ has the meaning given that term in 

23 section 113(g).’’. 


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1 TITLE III—WORKFORCE 

2 DEVELOPMENT 

3 SEC. 3001. JOB SKILLS TRAINING FOR OLDER INDIVIDUALS. 

4 (a) TARGETED PILOT PROGRAM.—The Secretary of 

5 Labor shall establish a pilot program pursuant to section 

6 169(b) of the Workforce Investment and Opportunity Act 

7 (29 U.S.C. 3224(b)) to provide grants to entities eligible 

8 under such section to provide job skills training to and 

9 specific for older individuals, particularly in the areas of 

10 computer literacy, advanced computer operations, and re11 sume writing. 

12 (b) DEFINITION.—For purposes of the program es13 tablished under subsection (a), the term ‘‘older individual’’ 

14 means an individual who is older than 45 years of age. 

15 SEC. 3002. EXTENSION OF WORK OPPORTUNITY TAX CRED16 IT FOR CERTAIN TARGETED GROUPS. 

17 (a) IN GENERAL.—Subparagraph (B) of section 

18 51(c)(4) of the Internal Revenue Code of 1986 is amended 

19 by inserting ‘‘(December 31, 2024, in the case of any 

20 member of a targeted group described in subparagraph 

21 (B), (C), (E), (F), or (G))’’ before the period at the end. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 this section shall apply to individuals who begin work for 

24 the employer after December 31, 2019. 


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1 SEC. 3003. YOUTH AND SUMMER JOBS. 

2 (a) INTERN WAGE CREDIT.— 

3 (1) IN GENERAL.—Subpart D of part IV of 

4 subchapter A of chapter 1 of the Internal Revenue 

5 Code of 1986 is amended by adding at the end the 

6 following new section: 

7 ‘‘SEC. 45S. INTERN WAGE CREDIT. 

8 ‘‘(a) IN GENERAL.—For purposes of section 38, in 

9 the case of an eligible small business employer, the intern 

10 wage credit for any taxable year is an amount equal to 

11 10 percent of the wages paid by the taxpayer during such 

12 taxable year to qualified interns for whom an election is 

13 in effect under this section. 

14 ‘‘(b) LIMITATIONS.— 

15 ‘‘(1) CREDIT.—The credit allowed under sub16 section (a) with respect to any taxpayer for any tax17 able year shall not exceed an amount equal to the 

18 excess (if any) of— 

19 ‘‘(A) $3,000, over 

20 ‘‘(B) the credit allowed under subsection 

21 (a) with respect to such taxpayer for all pre22 ceding taxable years. 

23 ‘‘(2) INTERNS.—An election may not be made 

24 under this section with respect to more than 5 quali25 fied interns for any taxable year. 


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1 ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For pur2 poses of this section— 

3 ‘‘(1) ELIGIBLE SMALL EMPLOYER.—The term 

4 ‘eligible small employer’ means any person which 

5 employed not more than 500 employees during the 

6 preceding taxable year. Rules similar to the rules of 

7 section 448(c)(3) shall apply. 

8 ‘‘(2) ELIGIBLE WAGES.—The term ‘eligible 

9 wages’ means any remuneration paid by the tax10 payer to an individual for services rendered as an 

11 employee. 

12 ‘‘(3) QUALIFIED INTERN.—The term ‘qualified 

13 intern’ means any individual who, during the period 

14 for which wages are taken into account under sub15 section (a), is— 

16 ‘‘(A) enrolled at an eligible educational in17 stitution (as defined in section 25A(f)(2)), 

18 ‘‘(B) seeking a degree at such institution 

19 in a field of study closely related to the work 

20 performed for the taxpayer, and 

21 ‘‘(C) supervised and evaluated by the tax22 payer. 

23 ‘‘(4) CONTROLLED GROUP.—All persons treated 

24 as a single employer under subsection (a) or (b) of 


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1 section 52 shall be treated as a single employer for 

2 purposes of this section. 

3 ‘‘(5) RELATED INDIVIDUALS INELIGIBLE.— 

4 Rules similar to the rules of section 51(i)(1) shall 

5 apply for purposes of this section.’’. 

6 (2) CONFORMING AMENDMENTS.— 

7 (A) Section 38(b) of such Code is amended 

8 by striking ‘‘plus’’ at the end of paragraph 

9 (35), by striking the period at the end of para10 graph (36) and inserting ‘‘, plus’’, and by add11 ing at the end the following new paragraph: 

12 ‘‘(37) the intern wage credit under section 

13 45S(a).’’. 

14 (B) The table of sections for subpart D of 

15 part IV of subchapter A of chapter 1 of such 

16 Code is amended by adding at the end the fol17 lowing new item: 

‘‘Sec. 45S. Intern wage credit.’’. 

18 (3) EFFECTIVE DATE.—The amendments made 

19 by this subsection shall apply to taxable years begin20 ning after the date of the enactment of this Act. 

21 SEC. 3004. YOUTHBUILD PROGRAM. 

22 Section 171 of the Workforce Innovation and Oppor23 tunity Act (29 U.S.C. 3226) is amended by adding at the 

24 end the following: 


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1 ‘‘(j) CARRY-OVER AUTHORITY.—Any amounts grant2 ed to an entity under this section for a fiscal year may, 

3 at the discretion of the entity, remain available for expend4 iture during the succeeding fiscal year to carry out pro5 grams under this section.’’. 

6 SEC. 3005. TAX CREDIT FOR PROVIDING PROGRAMS FOR 

7 STUDENTS THAT PROMOTE ECONOMIC AND 

8 FINANCIAL LITERACY. 

9 (a) IN GENERAL.—Subpart D of part IV of sub10 chapter A of chapter 1 of the Internal Revenue Code of 

11 1986 (relating to business-related credits), as amended by 

12 this Act, is amended by adding at the end the following 

13 new section: 

14 ‘‘SEC. 45T. EXCELLENCE IN ECONOMIC EDUCATION. 

15 ‘‘(a) GENERAL RULE.—In the case of an eligible for 

16 profit organization, for purposes of section 38, the excel17 lence in economic education credit determined under this 

18 section for a taxable year is 50 percent of the amount paid 

19 or incurred during the taxable year to carry out the pur20 poses specified in section 5533(b) of the Elementary and 

21 Secondary Education Act of 1965 (20 U.S.C. 7267b(b)) 

22 (as such section was in effect on the day before the date 

23 of enactment of the Every Student Succeeds Act) pursu24 ant to a qualified program. 


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1 ‘‘(b) LIMITATION ON NUMBER OF CREDIT RECIPI2 ENTS.— 

3 ‘‘(1) IN GENERAL.—The excellence in economic 

4 education credit determined under this section for a 

5 taxable year may be allowed to not more than 20 for 

6 profit organizations in accordance with paragraph 

7 (2). 

8 ‘‘(2) CREDIT AWARD BY SECRETARY.— 

9 ‘‘(A) IN GENERAL.—The Secretary (in con10 sultation with the Secretary of Education) shall 

11 determine which for profit organizations are al12 lowed the credit under this section for a taxable 

13 year in such manner as the Secretary deter14 mines appropriate. 

15 ‘‘(B) MAJORITY OF RECIPIENTS MUST BE

16 MWOSBS, OWNED BY VETERANS, OR MEET

17 ASSET TEST.—In carrying out subparagraph 

18 (A), the majority of the taxpayers allowed a 

19 credit under paragraph (1) for a taxable year 

20 shall be entities that are— 

21 ‘‘(i) either— 

22 ‘‘(I) a socially and economically 

23 disadvantaged small business concern 

24 (as defined in section 8(a)(4)(A) of 


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1 the Small Business Act (15 U.S.C. 

2 637(a)(4)(A))), 

3 ‘‘(II) a small business concern 

4 owned and controlled by women (as 

5 defined under section 3(n) of such Act 

6 (15 U.S.C. 632(n))), or 

7 ‘‘(III) a small business concern 

8 (as used in section 3 of such Act (15 

9 U.S.C. 632)) that is at least 51 per10 cent owned by veterans (as defined in 

11 section 101(2) of title 38, United 

12 States Code), or 

13 ‘‘(ii) on the first day of the taxable 

14 year do not have more than 

15 $60,000,000,000 in assets. 

16 ‘‘(C) PRIORITY.—In making determina17 tions under this paragraph, the Secretary shall 

18 give priority to taxpayers that have qualified 

19 programs which serve either urban or rural un20 derserved areas (determined on the basis of the 

21 most recent United States census data avail22 able). 

23 ‘‘(c) LIMITATIONS RELATING TO EXPENDITURES.— 

24 ‘‘(1) DIRECT ACTIVITY.—Twenty-five percent of 

25 the amount allowed as a credit under subsection (a) 


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1 shall be for amounts paid or incurred for direct ac2 tivities as defined in section 5533(b)(1) of the Ele3 mentary and Secondary Education Act of 1965 (20 

4 U.S.C. 7267b(b)(1))(as in effect on the day before 

5 the date of enactment of the Every Student Suc6 ceeds Act). 

7 ‘‘(2) SUBGRANTS.—Seventy-five percent of the 

8 amount allowed as a credit under subsection (a) 

9 shall be for amounts paid or incurred for subgrants 

10 (as defined in section 5533(b)(2) of the Elementary 

11 and Secondary Education Act of 1965 (20 U.S.C. 

12 7267b(b)(1)), as in effect on the day before the date 

13 of enactment of the Every Student Succeeds Act), 

14 determined by treating amounts so paid or incurred 

15 as funds made available through a grant. 

16 ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For pur17 poses of this section— 

18 ‘‘(1) QUALIFIED PROGRAM.—The term ‘quali19 fied program’ means a program in writing under 

20 which an eligible for profit organization awards one 

21 or more grants for the purpose of carrying out the 

22 objectives of promoting economic and financial lit23 eracy, as specified in section 5532 of the Elementary 

24 and Secondary Education Act of 1965 (20 U.S.C. 

25 7267a), that meet the requirements of section 5533 


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1 of the Elementary and Secondary Education Act of 

2 1965 (20 U.S.C. 7267b), as such sections are in ef3 fect on the day before the date of enactment of the 

4 Every Student Succeeds Act. 

5 ‘‘(2) ELIGIBLE FOR PROFIT ORGANIZATION.— 

6 The term ‘eligible for profit organization’ means 

7 with respect to a taxable year, an organization 

8 that— 

9 ‘‘(A) has a qualified program in effect for 

10 the taxable year, and 

11 ‘‘(B) has been determined by the Secretary 

12 under subsection (b)(2) to be an organization to 

13 whom the credit is allowed for the taxable year. 

14 ‘‘(3) DETERMINATION OF ASSETS.—For pur15 poses of paragraph (2)(B), in determining assets, 

16 the Secretary shall use the same method used by the 

17 Board of Governors of the Federal Reserve System 

18 to determine a bank holding company’s consolidated 

19 assets under section 165 of the Financial Stability 

20 Act of 2010 (12 U.S.C. 5365). 

21 ‘‘(4) ELECTION NOT TO CLAIM CREDIT.—This 

22 section shall not apply to a taxpayer for any taxable 

23 year if such taxpayer elects to have this section not 

24 apply for such taxable year. 


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1 ‘‘(5) COORDINATION WITH OTHER DEDUCTIONS

2 OR CREDITS.—The amount of any deduction or cred3 it otherwise allowable under this chapter for any 

4 amount taken into account for purposes of sub5 section (a) shall be reduced by the credit allowed by 

6 this section. 

7 ‘‘(e) REGULATIONS.—The Secretary shall issue such 

8 regulations or other guidance as may be necessary or ap9 propriate to carry out this section.’’. 

10 (b) CREDIT MADE PART OF GENERAL BUSINESS

11 CREDIT.—Subsection (b) of section 38 of such Code, as 

12 amended by this Act, is amended by striking ‘‘plus’’ at 

13 the end of paragraph (36), by striking the period at the 

14 end of paragraph (37) and inserting ‘‘, plus’’, and by add15 ing at the end the following new paragraph: 

16 ‘‘(38) the excellence in economic education cred17 it determined under section 45T(a).’’. 

18 (c) CLERICAL AMENDMENT.—The table of sections 

19 for subpart D of part IV of subchapter A of chapter 1 

20 of such Code is amended by adding at the end the fol21 lowing new item: 

‘‘Sec. 45T. Excellence in economic education.’’. 

22 (d) REPORT.— 

23 (1) IN GENERAL.—The Secretary of the Treas24 ury (or the Secretary’s delegate) shall submit a re25 port on— 


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1 (A) whether the credit for excellence in 

2 economic education (as enacted by subsection 

3 (a) of this section) has resulted in increased in4 vestment in financial literacy programs; and 

5 (B) recommendations (if any) for improv6 ing such credit to make it more effective. 

7 (2) SUBMISSION TO CONGRESS.—Not later than 

8 5 years after the date of the enactment of this Act, 

9 the Secretary of the Treasury (or the Secretary’s 

10 delegate) shall submit the report required by para11 graph (1) to the Secretary of Education, the Com12 mittee on Education and the Workforce, the Com13 mittee on Financial Services, and the Committee on 

14 Ways and Means of the House of Representatives 

15 and the Committee on Health, Education, Labor, 

16 and Pensions, the Committee on Banking, Housing, 

17 and Urban Affairs, and the Committee on Finance 

18 of the Senate. 

19 (e) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to taxable years beginning after 

21 the date of the enactment of this Act. 

22 SEC. 3006. TEACHER RECRUITING. 

23 (a) PURPOSE.—It is the purpose of this section to 

24 encourage individuals educated in science, technology, en25 gineering, and mathematics to enter and continue in the 


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1 teaching profession, with the goal of attracting 10,000 of 

2 America’s brightest students to the teaching profession 

3 over the next 5 years. 

4 (b) SCHOLARSHIPS.—Title II of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1021 et seq.) is amended— 

6 (1) by redesignating part C as part E; 

7 (2) by redesignating section 261 as section 281; 

8 and 

9 (3) by inserting after part B the following new 

10 part: 

11 ‘‘PART C—STEM TEACHER SCHOLARSHIPS 

12 ‘‘SEC. 261. PROGRAM ESTABLISHED. 

13 ‘‘The Secretary shall award scholarships, on a com14 petitive basis and in accordance with this part, to students 

15 who are enrolled in studies leading to bachelor’s degrees, 

16 with concurrent certification as kindergarten, elementary, 

17 and secondary school teachers, in science, technology, en18 gineering, and mathematics, and who have agreed to per19 form qualified service. 

20 ‘‘SEC. 262. SELECTION OF RECIPIENTS. 

21 ‘‘(a) SELECTION CRITERIA.—The Secretary shall de22 velop selection criteria that the Secretary will use to award 

23 scholarships, and to renew those awards, based on estab24 lished measurements of merit available to secondary stuVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 dents who wish to pursue degrees in science, technology, 

2 engineering, and mathematics. 

3 ‘‘(b) APPLICATIONS.—Any student desiring to receive 

4 a scholarship under this part shall submit an application 

5 to the Secretary at such time, in such manner, and con6 taining such information as the Secretary may require. 

7 ‘‘(c) DURATION OF SCHOLARSHIPS; RENEWAL.— 

8 Scholarships shall be awarded for only one academic year 

9 of study at a time, and shall be renewable on an annual 

10 basis for the established length of the recipient’s academic 

11 program, not to exceed 6 academic years. The Secretary 

12 shall condition the renewal of scholarships on measures 

13 of academic progress and achievement. 

14 ‘‘SEC. 263. QUALIFIED SERVICE REQUIREMENT. 

15 ‘‘(a) QUALIFIED SERVICE AGREEMENT.—Any stu16 dent who receives a scholarship under this part shall enter 

17 into an agreement with the Secretary to complete no less 

18 than 5 academic years of qualified service during a 7-year 

19 period, to begin no later than 12 months following the 

20 completion of a bachelor’s degree in science, technology, 

21 engineering, or mathematics. 

22 ‘‘(b) REQUIREMENT ENFORCED.—The Secretary 

23 shall establish such requirements as the Secretary finds 

24 necessary to ensure that recipients of scholarships under 

25 this subsection who complete bachelor’s degrees in science, 


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1 technology, engineering, and mathematics, with teacher 

2 certification, subsequently perform 5 academic years of 

3 qualified service during a 7-year period, or repay the por4 tion of the scholarship received for which the recipient did 

5 not perform the required qualified service, as determined 

6 by the Secretary. The Secretary shall use any such repay7 ments to carry out additional activities under this part. 

8 ‘‘(c) DEFINITION.—For the purpose of this section, 

9 the term ‘qualified service’ means full-time employment at 

10 a public or private kindergarten, elementary school, or sec11 ondary school as a teacher of a course in a science, tech12 nology, engineering, or mathematics field. 

13 ‘‘SEC. 264. AWARDS. 

14 ‘‘(a) SCHOLARSHIP AWARD.—The Secretary shall 

15 provide each recipient with a scholarship in the amount 

16 of up to $20,000 to pay for the cost of attendance of the 

17 student for each academic year the student is eligible to 

18 receive the scholarship. The Secretary shall transfer such 

19 funds to the institution of higher education at which the 

20 recipient is enrolled. 

21 ‘‘(b) BONUS AWARD.— 

22 ‘‘(1) OPTION FOR BONUS AWARD.—Any student 

23 who receives a scholarship under this part may elect 

24 to enter into a bonus agreement with the Secretary, 

25 in accordance with this subsection, for any academic 


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1 year during which the student receives a scholarship 

2 under this part. 

3 ‘‘(2) BONUS AGREEMENT.—A bonus agreement 

4 under paragraph (1) shall provide that— 

5 ‘‘(A) the student shall perform one aca6 demic year of the qualified service agreed to 

7 under section 263(a) in a high-need local edu8 cational agency, as defined in section 200; and 

9 ‘‘(B) the Secretary shall provide $10,000, 

10 in addition to the amount the student receives 

11 under subsection (a), for each academic year in 

12 which the student enters into such bonus agree13 ment. 

14 ‘‘(3) SERVICE REQUIREMENT ENFORCED.—The 

15 Secretary shall establish such requirements as the 

16 Secretary finds necessary to ensure that recipients 

17 of bonuses under this subsection fulfill the qualified 

18 service requirement in a high-need local educational 

19 agency, as defined in section 200, for a period of 

20 time equivalent to the period for which the recipient 

21 receives the bonus, or repays the portion of the 

22 bonus received for which the recipient did not per23 form the required qualified service in a high-need 

24 local educational agency, as determined by the Sec25 retary. The Secretary shall use any such repayments 


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1 to carry out additional activities under this sub2 section. 

3 ‘‘(c) MAXIMUM AWARD.—The maximum award any 

4 student may receive under this section for an academic 

5 year shall be the student’s cost of attendance minus any 

6 grant aid such student receives from sources other than 

7 this section. 

8 ‘‘SEC. 265. REGULATIONS. 

9 ‘‘The Secretary is authorized to issue such regula10 tions as may be necessary to carry out the provisions of 

11 this part.’’. 

12 (c) INSTITUTIONAL GRANTS FOR INTEGRATED DE13 GREE PROGRAMS.—Title II of the Higher Education Act 

14 of 1965 (20 U.S.C. 1021 et seq.) is further amended by 

15 inserting after part C, as added by subsection (b) of this 

16 section, the following new part: 

17 ‘‘PART D—INTEGRATED DEGREE PROGRAMS 

18 ‘‘SEC. 271. PROGRAM AUTHORIZED. 

19 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

20 award grants to institutions of higher education, on a 

21 competitive basis, in order to pay for the Federal share 

22 of the cost of projects to establish, strengthen, and operate 

23 4-year undergraduate degree programs through which stu24 dents may concurrently— 


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1 ‘‘(1) earn a bachelor’s degree in science, tech2 nology, engineering, or mathematics; and 

3 ‘‘(2) be certified to teach kindergarten, elemen4 tary, or secondary school. 

5 ‘‘(b) GRANT AMOUNT; AWARD PERIOD.—The Sec6 retary may award grants to no more than 50 institutions 

7 of higher education each fiscal year, and a grant to an 

8 institution for a fiscal year shall not exceed $1,000,000. 

9 Grants shall be awarded for only one fiscal year at a time, 

10 and shall be renewable on an annual basis for up to 5 

11 years. 

12 ‘‘SEC. 272. SELECTION OF GRANT RECIPIENTS. 

13 ‘‘(a) CRITERIA.—The Secretary shall set criteria to 

14 evaluate the applications for grants under this part and 

15 the projects proposed to establish, strengthen, and operate 

16 4-year integrated undergraduate degree programs. 

17 ‘‘(b) EQUITABLE DISTRIBUTION OF GRANTS.—To 

18 the extent practicable and consistent with the criteria 

19 under subsection (a), the Secretary shall make grants 

20 under this part in such manner as to achieve an equitable 

21 distribution of the grant funds throughout the United 

22 States, considering geographic distribution, rural and 

23 urban areas, and range and type of institutions. 


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1 ‘‘SEC. 273. APPLICATION REQUIREMENTS. 

2 ‘‘In order to receive a grant under this part, an insti3 tution of higher education shall submit an application to 

4 the Secretary at such time, in such manner, and con5 taining such information as the Secretary may require. 

6 Such application shall include the following: 

7 ‘‘(1) A description of the proposed project. 

8 ‘‘(2) A demonstration of— 

9 ‘‘(A) the commitment, including the finan10 cial commitment, of the institution for the pro11 posed project; and 

12 ‘‘(B) the active support of the leadership of 

13 the institution for the proposed project. 

14 ‘‘(3) A description of how the proposed project 

15 will be continued after Federal funds are no longer 

16 awarded under this part for the project. 

17 ‘‘(4) A plan for the evaluation of the project, 

18 which shall include benchmarks to monitor progress 

19 toward specific project objectives. 

20 ‘‘SEC. 274. MATCHING REQUIREMENT. 

21 ‘‘Each institution of higher education receiving a 

22 grant under this part shall provide, from non-Federal 

23 sources, an amount equal to the amount of the grant (in 

24 cash or in-kind) to carry out the project supported by the 

25 grant. 


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1 ‘‘SEC. 275. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this part $50,000,000 for each of the fiscal years 2018 

4 through 2023.’’. 

5 SEC. 3007. RECIDIVISM REDUCTION WORKING GROUP. 

6 (a) ESTABLISHMENT.—There is established a work7 ing group, which shall consist of representatives of the 

8 heads of the Department of Justice, the Department of 

9 Labor, the Department of Housing and Urban Develop10 ment, and the Department of Education. The working 

11 group shall identify and analyze practices to reduce recidi12 vism. The Attorney General shall chair the group, which 

13 shall meet once each month for the first 3 months after 

14 the date of its establishment, and once every 3 months 

15 thereafter. 

16 (b) REPORT.—Not later than 1 year after the date 

17 of the enactment of this Act, and 5 years thereafter, the 

18 working group established under subsection (a) shall sub19 mit to Congress and to the President a report which de20 scribes the recommendations of the working group for re21 ducing recidivism. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated $1,000,000 to the working 

24 group for each of fiscal years 2018 through 2022 to carry 

25 out this subsection. 


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1 SEC. 3008. COMMENDABLE RELEASE PROGRAM. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act, the Attorney General, 

4 in consultation with the heads of the appropriate agencies, 

5 shall establish a program under which an individual who 

6 was convicted of a Federal offense which is classified as 

7 a felony, and who has successfully completed his or her 

8 sentence, may apply to receive benefits under the pro9 grams described in subsection (b). Any individual who has 

10 been convicted of a felony for which the maximum sen11 tence is ten or more years of imprisonment, any crime of 

12 violence (as such term is defined in section 16 of title 18, 

13 United States Code), or any crime of reckless driving or 

14 of driving while intoxicated or under the influence of alco15 hol or of prohibited substances if such crime involves per16 sonal injury to another. 

17 (b) PROGRAMS DESCRIBED.—The programs de18 scribed in this subsection are the following: 

19 (1) TANF.—Assistance under a State program 

20 funded under part A of title IV of the Social Secu21 rity Act. 

22 (2) SNAP.—The supplemental nutrition assist23 ance program under the Food and Nutrition Act of 

24 2008 (7 U.S.C. 2011 et seq.). 

25 (3) HOUSING.—Any program of the Depart26 ment of Housing and Urban Development or the DeVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 partment of Agriculture providing housing or assist2 ance for housing, including any program for dwelling 

3 units, rental assistance, grants, loans, subsidies, 

4 mortgage insurance, guarantees, or other financial 

5 assistance. 

6 SEC. 3009. INCREASE IN WORK OPPORTUNITY TAX CREDIT 

7 FOR HIRING QUALIFIED EX-FELONS. 

8 (a) IN GENERAL.—Section 51(b)(3) of the Internal 

9 Revenue Code of 1986 is amended by inserting ‘‘or any 

10 individual who is a qualified ex-felon’’ after ‘‘subsection 

11 (d)(3)(A)(ii)(I)’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall apply to individuals who begin work 

14 for the employer after the date of the enactment of this 

15 Act, in taxable years ending after such date. 

16 SEC. 3010. ENTREPRENEURSHIP APPRENTICESHIPS. 

17 The Act of August 16, 1937 (commonly known as 

18 the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 

19 663; 29 U.S.C. 50 et seq.), is amended by adding the end 

20 the following: 

21 ‘‘SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated $90,000 for 

23 each of fiscal years 2018, 2019, 2020, and 2021.’’. 


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1 SEC. 3011. EXPANSION OF ELIGIBLE PROGRAMS. 

2 The Higher Education Act of 1965 (20 U.S.C. 1001 

3 et seq.) is amended— 

4 (1) in section 481(b), by adding at the end the 

5 following: 

6 ‘‘(5)(A) For purposes of parts D and E, the term 

7 ‘eligible program’ includes a program of not less than 250 

8 clock hours of instruction, offered during a minimum of 

9 5 weeks of instruction that leads an industry-recognized 

10 credential. 

11 ‘‘(B) In this paragraph, the term ‘industry-recognized 

12 credential’ means an industry-recognized credential that— 

13 ‘‘(i) is demonstrated to be of high quality by the 

14 institution offering the program in the program par15 ticipation agreement under section 487; 

16 ‘‘(ii) meets the current, as of the date of the de17 termination, or projected needs of a local or regional 

18 workforce for recruitment, screening, hiring, reten19 tion, or advancement purposes— 

20 ‘‘(I) as determined by the State in which 

21 the program is located, in consultation with 

22 business entities; or 

23 ‘‘(II) as demonstrated by the institution of24 fering the program leading to the credential; 

25 and 


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1 ‘‘(iii) is, where applicable, endorsed by a nation2 ally recognized trade association or organization rep3 resenting a significant part of the industry or sec4 tor.’’; and 

5 (2) in section 487(a), by adding at the end the 

6 following: 

7 ‘‘(30) In the case of an institution that offers 

8 a program of not less than 250 clock hours of in9 struction, offered during a minimum of 5 weeks of 

10 instruction that leads an industry-recognized creden11 tial, as provided under section 481(b)(5), the institu12 tion will demonstrate to the Secretary that the in13 dustry-recognized credential is of high quality.’’. 

14 SEC. 3012. MODEL STANDARDS AND GUIDELINES FOR 

15 CREDENTIALING ENVIRONMENTAL HEALTH 

16 WORKERS. 

17 (a) IN GENERAL.—Not later than 1 year after the 

18 date of enactment of this Act, the Secretary of Health and 

19 Human Services, in coordination with appropriate na20 tional professional organizations, Federal, State, local, 

21 and tribal governmental agencies, and private-sector and 

22 nongovernmental entities, shall develop model standards 

23 and guidelines for credentialing environmental health 

24 workers. 


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1 (b) PROVISION OF STANDARDS AND TECHNICAL AS2 SISTANCE.—The Secretary of Health and Human Services 

3 shall provide to State, local, and tribal governments— 

4 (1) the model standards and guidelines devel5 oped under subsection (a); and 

6 (2) technical assistance in credentialing envi7 ronmental health workers. 

8 SEC. 3013. ENVIRONMENTAL HEALTH WORKFORCE DEVEL9 OPMENT PLAN. 

10 (a) IN GENERAL.—To ensure that activities and pro11 grams (including education, training, and payment pro12 grams) of the Department of Health and Human Services 

13 for developing the environmental health workforce meet 

14 national needs, the Secretary of Health and Human Serv15 ices shall develop a comprehensive and coordinated plan 

16 for such activities and programs that— 

17 (1) includes performance measures to more 

18 clearly determine the extent to which such activities 

19 and programs are meeting the Department’s stra20 tegic goal of strengthening the environmental health 

21 workforce; 

22 (2) identifies and communicates to stakeholders 

23 any gaps between existing activities and programs 

24 and future environmental health workforce needs 


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1 identified in workforce projections of the Health Re2 sources and Services Administration; 

3 (3) identifies actions needed to address such 

4 identified gaps; and 

5 (4) identifies any additional statutory authority 

6 that is needed by the Department to implement such 

7 identified actions. 

8 (b) SUBMISSION TO CONGRESS.—Not later than 2 

9 years after the date of enactment of this Act, the Sec10 retary of Health and Human Services shall submit to the 

11 Committee on Health, Education, Labor, and Pensions of 

12 the Senate, and to the Committees on Energy and Com13 merce and Education and the Workforce of the House of 

14 Representatives, the plan developed under subsection (a). 

15 SEC. 3014. ENVIRONMENTAL HEALTH WORKFORCE DEVEL16 OPMENT REPORT. 

17 (a) IN GENERAL.—Not later than 2 years after the 

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall examine and identify best prac20 tices in 6 States (as described in subsection (b)) related 

21 to training and credentialing requirements for environ22 mental health workers and submit to the Committee on 

23 Health, Education, Labor, and Pensions of the Senate and 

24 the Committee on Energy and Commerce of the House 


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1 of Representatives a report that includes information con2 cerning— 

3 (1) types of environmental health workers em4 ployed at State, local, and city health departments 

5 and independent environmental health agencies; 

6 (2) educational backgrounds of environmental 

7 health workers; 

8 (3) whether environmental health workers are 

9 credentialed or registered, and what type of creden10 tial or registration each worker has received; 

11 (4) State requirements for continuing education 

12 for environmental health workers; 

13 (5) whether State, local, and city health depart14 ments and independent environmental health agen15 cies track continuing education units for their envi16 ronmental health workers; and 

17 (6) how frequently any exam required to qualify 

18 environmental health workers is updated and re19 viewed to ensure that the exam is consistent with 

20 current law. 

21 (b) SELECTION OF STATES.—The report described in 

22 subsection (a) shall be based upon the examination of such 

23 best practices with respect to 3 States that have 

24 credentialing requirements for environmental health work25 ers and 3 States that do not have such requirements. 


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1 SEC. 3015. PUBLIC SERVICE LOAN FORGIVENESS. 

2 Section 455(m) of the Higher Education Act of 1965 

3 (20 U.S.C. 1087e(m)) is amended in paragraph (3)(B)— 

4 (1) in clause (i), by striking ‘‘or’’ at the end; 

5 (2) in clause (ii), by striking the period at the 

6 end and inserting ‘‘; or’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(iii) a full-time job as an environ9 mental health worker (as defined in section 

10 7 of the Environmental Health Workforce 

11 Act of 2017) who is accredited, certified, 

12 or licensed in accordance with applicable 

13 law.’’. 

14 SEC. 3016. DEFINITIONS. 

15 In this Act, the terms ‘‘environmental health worker’’ 

16 and ‘‘environmental health workforce’’ refer to public 

17 health workers who investigate and assess hazardous envi18 ronmental agents in various environmental settings and 

19 develop, promote, and enforce guidelines, policies, and 

20 interventions to control such hazardous environmental 

21 agents. 

22 SEC. 3017. GRANTS TO PREPARE GIRLS AND UNDERREP23 RESENTED MINORITIES. 

24 Title IV of the Elementary and Secondary Education 

25 Act of 1965 (20 U.S.C. 7101 et seq.) is amended by add26 ing at the end the following: 


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1 ‘‘PART G—PREPARING GIRLS AND UNDERREP2 RESENTED MINORITIES FOR THE 21ST CEN3 TURY 

4 ‘‘SEC. 4701. PROGRAM AUTHORITY. 

5 ‘‘(a) IN GENERAL.—From funds provided under sec6 tion 4702, the Secretary is authorized to provide grants 

7 to local educational agencies on behalf of elementary and 

8 secondary schools to establish and implement a program 

9 to encourage the ongoing development of programs and 

10 curriculum for girls and underrepresented minorities in 

11 science, mathematics, engineering, and technology and to 

12 prepare girls and underrepresented minorities to pursue 

13 undergraduate and graduate degrees and careers in 

14 science, mathematics, engineering, or technology. 

15 ‘‘(b) APPLICATION.— 

16 ‘‘(1) IN GENERAL.—To be eligible to receive a 

17 grant, or enter into a contract or cooperative agree18 ment, under this part, a local educational agency 

19 shall submit an application to the Secretary at such 

20 time, in such form, and containing such information 

21 as the Secretary may reasonably require. 

22 ‘‘(2) CONTENTS.—The application shall con23 tain, at a minimum, the following: 

24 ‘‘(A) A program description, including the 

25 content of the program and the research and 

26 models used to design the program. 


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1 ‘‘(B) A description of the collaboration be2 tween elementary and secondary schools to ful3 fill goals of the program and how the applicant 

4 will ensure that there is a comprehensive plan 

5 to improve science, mathematics, engineering, 

6 and technology education for girls and under7 represented minorities in grades kindergarten 

8 through 12. 

9 ‘‘(C) A description of the process for re10 cruitment and selection of participants. 

11 ‘‘(D) A description of the planned instruc12 tional and motivational activities. 

13 ‘‘(E) A description of any collaboration 

14 among local, regional, or national institutions 

15 and organizations that will occur in order to 

16 fulfill the goals of the program. 

17 ‘‘(3) PRIORITY.—In selecting among applica18 tions, the Secretary shall give priority to applicants 

19 that partner or coordinate, to the extent possible, 

20 with local, regional, or national institutions and or21 ganizations who have extensive experience, expertise 

22 and research on increasing the participation of girls 

23 or underrepresented minorities in science, mathe24 matics, engineering and technology. 


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1 ‘‘(c) USE OF FUNDS.—Funds provided under this 

2 section shall be used for the following: 

3 ‘‘(1) Preparing girls and underrepresented mi4 norities with careers in science, mathematics, engi5 neering, and technology, and the advantages of pur6 suing careers in these areas. 

7 ‘‘(2) Educating the parents of girls and under8 represented minorities about the opportunities and 

9 advantages of science, mathematics, engineering, 

10 and technology careers. 

11 ‘‘(3) Enlisting the help of the parents of girls 

12 and underrepresented minorities in overcoming the 

13 obstacles these groups face and encouraging their 

14 child’s continued interest and involvement in science, 

15 mathematics, engineering, and technology. 

16 ‘‘(4) Providing tutoring and mentoring pro17 grams in science, mathematics, engineering, and 

18 technology. 

19 ‘‘(5) Establishing partnerships and other oppor20 tunities that expose girls and underrepresented mi21 norities to role models in the fields of science, math22 ematics, engineering and technology. 

23 ‘‘(6) Enabling female and underrepresented mi24 nority students and their teachers to attend events 


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1 and academic programs in science, mathematics, en2 gineering, and technology. 

3 ‘‘(7) Providing after-school activities designed 

4 to encourage interest, and develop skills of girls and 

5 underrepresented minorities, in science, mathe6 matics, engineering, and technology. 

7 ‘‘(8) Summer programs designed in order that 

8 girls and underrepresented minorities develop an in9 terest in, develop skills in, and understand the rel10 evance and significance of, science, mathematics, en11 gineering, and technology. 

12 ‘‘(9) Purchasing— 

13 ‘‘(A) educational instructional materials or 

14 software designed to encourage interest of girls 

15 and underrepresented minorities in science, 

16 mathematics, engineering, and technology; or 

17 ‘‘(B) equipment, instrumentation, or hard18 ware used for teaching and to encourage inter19 est of girls and underrepresented minorities in 

20 science, mathematics, engineering, and tech21 nology. 

22 ‘‘(10) Field trips to locations, including institu23 tions of higher education, to educate and encourage 

24 girls’ and underrepresented minorities’ interest in 


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1 science, mathematics, engineering, and technology 

2 and acquaint them with careers in these fields. 

3 ‘‘(11) Providing academic advice and assistance 

4 in high school course selection that encourages girls 

5 and underrepresented minorities to take advanced 

6 courses in areas of science, technology, engineering, 

7 and mathematics. 

8 ‘‘(12) Paying up to 50 percent of the cost of an 

9 internship in science, mathematics, engineering, or 

10 technology for female and underrepresented minority 

11 students. 

12 ‘‘(13) Providing professional development for 

13 teachers and other school personnel, including— 

14 ‘‘(A) how to eliminate gender and racial 

15 bias in the classroom; 

16 ‘‘(B) how to be sensitive to gender and ra17 cial differences; 

18 ‘‘(C) how to engage students in the face of 

19 gender-based and racial peer pressure and pa20 rental expectations; 

21 ‘‘(D) how to create and maintain a positive 

22 environment; and 

23 ‘‘(E) how to encourage girls and under24 served minorities through academic advice and 

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1 reers in science, mathematics, engineering, and 

2 technology fields. 

3 ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—The Secretary 

4 shall require each local educational agency to use the as5 sistance provided under this section only to supplement, 

6 and not to supplant, any other assistance or funds made 

7 available from non-Federal sources for the activities as8 sisted under this section. 

9 ‘‘(e) EVALUATIONS.—Each local educational agency 

10 that receives funds under this section shall provide the 

11 Secretary, at the conclusion of every school year during 

12 which the funds are received, with an evaluation, in a form 

13 prescribed by the Secretary. This evaluation shall in14 clude— 

15 ‘‘(1) a description of the programs and activi16 ties conducted by the local educational agency using 

17 the funds; 

18 ‘‘(2) data on curriculum and partnerships devel19 oped using the funds; 

20 ‘‘(3) data on the amount of time spent on sub21 jects allowed for under the grant; and 

22 ‘‘(4) such other information as may be required 

23 by the Secretary. 


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1 ‘‘SEC. 4702. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There are authorized to be appropriated to carry out 

3 this part $5,000,000 for fiscal year 2018 and such sums 

4 as may be necessary for each of the 4 succeeding fiscal 

5 years.’’. 

6 SEC. 3018. GAO STUDY. 

7 (a) STUDY REQUIRED.—Not later than 6 months 

8 after the date of enactment of this Act, and every year 

9 thereafter, the Comptroller General of the United States 

10 shall conduct a study of Federal agencies to determine 

11 which agencies have the greatest impact on women’s par12 ticipation in the workforce, and evaluate the impact of 

13 these agencies. 

14 (b) SUGGESTED AGENCIES.—Such agencies shall in15 clude, at a minimum— 

16 (1) the Department of Labor, specifically the 

17 Women’s Bureau at such Department; 

18 (2) the Department of Transportation; 

19 (3) the Small Business Administration, includ20 ing the Office of Women’s Business Ownership; and 

21 (4) any apprenticeship program that receives 

22 funding from a Federal agency. 

23 SEC. 3019. CONTENTS OF STUDY. 

24 (a) IN GENERAL.—The study required by section 2 

25 shall review and evaluate the following factors, for those 

26 agencies that the Comptroller General has identified as 


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1 having the greatest impact on women’s participation in the 

2 workforce, including the following: 

3 (1) POLICIES AND PROCEDURES.—The study 

4 shall examine— 

5 (A) each agency’s policies and procedures 

6 related to improving women’s participation in 

7 the workforce, including efforts related to fair 

8 compensation, benefits, such as paid leave and 

9 workplace supports for pregnancy and families, 

10 participation in non-traditional and higher-pay11 ing jobs, enforcement of workplace rights, and 

12 prevention of sexual and other harassment; 

13 (B) each agency’s compliance with its stat14 utory and regulatory requirements on these 

15 matters; 

16 (C) any policy changes in the agency with17 in the study period, and the reasoning for such 

18 changes; and 

19 (D) any procedural changes to the agency’s 

20 reporting and participation within the agency. 

21 (2) IMPACT.—The study shall also examine— 

22 (A) the number of women who received 

23 technical assistance, grants, loans, contracts, 

24 and other services from the agency in each fis25 cal year, and the number of such individuals 


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1 who received these services in the prior five fis2 cal years; 

3 (B) the number of organizations who re4 ceived such outreach, services, and other en5 gagement with the agency; 

6 (C) the extent of the agency’s outreach 

7 and public education efforts for women, includ8 ing the publication of reports and statistics, 

9 public announcement of enforcement actions, 

10 and regional outreach engaging local stake11 holders; 

12 (3) APPROPRIATIONS AND STAFF.—The study 

13 shall consider— 

14 (A) any reductions to appropriations and 

15 obligations for each agency and the actual and 

16 projected impact of these reductions; and 

17 (B) any staff reductions in each agency, 

18 including attrition, vacancies, and positions 

19 eliminated and the impact of these changes. 

20 (b) ANALYSIS.—The study shall also include an anal21 ysis of the specific barriers to women’s participation in 

22 the workforce, including an assessment of further opportu23 nities to reduce those barriers. 


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1 SEC. 3020. REPORT. 

2 A report containing the results of the study and anal3 ysis shall be transmitted annually to the Committees on 

4 Oversight and Government Reform and Education and the 

5 Workforce of the House of Representatives and the Com6 mittees on Homeland Security and Governmental Affairs 

7 and Health, Education, Labor, and Pensions of the Sen8 ate. 

9 SEC. 3021. GRANTS TO UNITS OF GENERAL LOCAL GOVERN10 MENT. 

11 Subtitle D of title I of the Workforce Innovation and 

12 Opportunity Act (29 U.S.C. 3221 et seq.) is amended by 

13 adding after section 172 the following: 

14 ‘‘SEC. 173. PILOT PROGRAM. 

15 ‘‘(a) PROGRAM AUTHORIZED.—Notwithstanding sec16 tion 181(e), from the amounts appropriated under sub17 section (h), the Secretary shall carry out a 2-year pilot 

18 program to award grants, on a competitive basis, to units 

19 of general local government or community-based organiza20 tions to retain, employ, or train employees providing a 

21 public service for a unit of general local government. 

22 ‘‘(b) UNIT OF GENERAL LOCAL GOVERNMENT DE23 FINED.—For purposes of this section, the term ‘unit of 

24 general local government’ means any general purpose po25 litical subdivision of a State, or the United States Virgin 

26 Islands, Guam, American Samoa, the Commonwealth of 


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1 the Northern Mariana Islands, the freely associated states 

2 of the Republic of the Marshall Islands, the Federated 

3 States of Micronesia, or the Republic of Palau, that has 

4 the power to levy taxes and spend funds, as well as general 

5 corporate and police powers. 

6 ‘‘(c) USES OF FUNDS.— 

7 ‘‘(1) REQUIRED USES.— 

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), a unit of general local government 

10 or community-based organization shall use not 

11 less than 50 percent of the grant funds received 

12 under this section to— 

13 ‘‘(i) in the case of a unit, retain em14 ployees of such unit who are providing a 

15 public service for the unit and who would 

16 otherwise be laid off as a consequence of 

17 budget cuts; and 

18 ‘‘(ii) in the case of an organization, 

19 retain employees of the organization who 

20 are providing a public service for the unit 

21 in which the organization is located and 

22 who would otherwise be laid off as a con23 sequence of budget cuts. 

24 ‘‘(B) EXCEPTION.—In a case in which 50 

25 percent of a grant amount received under this 


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1 section would exceed the amount needed for a 

2 unit or organization to retain the employees de3 scribed in subparagraph (A), the unit or organi4 zation may use only the amount needed to re5 tain such employees for such purpose. 

6 ‘‘(2) AUTHORIZED USES.—After using grant 

7 funds received under this section in accordance with 

8 paragraph (1), a unit of general local government or 

9 community-based organization may use any remain10 ing grant funds provided under this section to— 

11 ‘‘(A) in the case of a unit of general local 

12 government— 

13 ‘‘(i) employ individuals in new posi14 tions providing a public service for the 

15 unit; or 

16 ‘‘(ii) train individuals for new public 

17 service positions for the unit; and 

18 ‘‘(B) in the case of a community-based or19 ganization— 

20 ‘‘(i) employ individuals in new posi21 tions that would provide a public service 

22 for the unit in which the organization is lo23 cated or services in the private sector; or 

24 ‘‘(ii) train individuals for any such po25 sitions. 


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1 ‘‘(d) PRIORITY FOR CERTAIN INDIVIDUALS.—The 

2 Secretary shall encourage each unit of general local gov3 ernment and each community-based organization receiving 

4 a grant under this section to use such grant funds to re5 tain, employ, or train— 

6 ‘‘(1) veterans; 

7 ‘‘(2) individuals with disabilities; 

8 ‘‘(3) individuals who are receiving unemploy9 ment benefits; or 

10 ‘‘(4) dislocated workers. 

11 ‘‘(e) PRIORITY FOR CERTAIN UNITS AND ORGANIZA12 TIONS.— 

13 ‘‘(1) UNITS.—In awarding grants to units of 

14 general local government under this section, the Sec15 retary shall give priority to units of general local 

16 government with high unemployment, foreclosure, 

17 and poverty rates as compared to other units of gen18 eral local government applying to receive a grant 

19 under this section. 

20 ‘‘(2) ORGANIZATIONS.—In awarding grants to 

21 units of general local government under this section, 

22 the Secretary shall give priority to community-based 

23 organizations located in units of general local gov24 ernment with high unemployment, foreclosure, and 

25 poverty rates as compared to other units of general 


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1 local government applying to receive a grant under 

2 this section. 

3 ‘‘(f) APPLICATION.—Each unit of general local gov4 ernment or community-based organization desiring to re5 ceive a grant under this section shall submit an application 

6 to the Secretary at such time, in such manner, and con7 taining such information as the Secretary may require. 

8 ‘‘(g) REPORT.—Not later than 2 years after the first 

9 appropriation of funds under subsection (h), the Secretary 

10 shall submit to Congress, a report on— 

11 ‘‘(1) the number and percentage of individuals 

12 hired or trained, and the number and percentage of 

13 employees of units retained, as a result of a grant 

14 under this section; and 

15 ‘‘(2) best practices in carrying out a grant pro16 gram to hire, train, or retain employees of units of 

17 general local government. 

18 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated $1,000,000,000 to carry 

20 out this section for fiscal years 2018 and 2019.’’. 

21 SEC. 3022. BACK TO BASICS JOB CREATION GRANT PRO22 GRAM. 

23 Subtitle A of title XX of the Social Security Act (42 

24 U.S.C. 1397 et seq.) is amended by adding at the end 

25 the following: 


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1 ‘‘SEC. 2010. BACK TO BASICS JOB CREATION GRANT PRO2 GRAM. 

3 ‘‘(a) GRANTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary, in consulta5 tion with the Secretary of Labor and the Secretary 

6 of Commerce, shall make grants to eligible entities 

7 to assist low-income individuals and individuals who 

8 have been unemployed for at least 3 months in de9 veloping self-employment opportunities. 

10 ‘‘(2) TIMING OF GRANT AWARDS.—Not later 

11 than 90 days after the date of the enactment of this 

12 section, the Secretary shall obligate not less than 

13 half of any funds appropriated for grants under this 

14 section. 

15 ‘‘(3) PREFERENCE.—In awarding grants under 

16 this section, the Secretary shall give preference to el17 igible entities— 

18 ‘‘(A) that serve communities that have ex19 perienced high levels of poverty and unemploy20 ment and low levels of reemployment, as deter21 mined by the Secretary using data reported by 

22 the Census Bureau and the Bureau of Labor 

23 Statistics; 

24 ‘‘(B) that demonstrate an ability to admin25 ister activities using the grant funds without 

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1 sources, such as staffing, technology, evaluation 

2 activities, training, research, and programming; 

3 and 

4 ‘‘(C) that have established partnerships 

5 with other government agencies, community 

6 based organizations, financial institutions, edu7 cational institutions, or business organizations. 

8 ‘‘(b) USE OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—An eligible entity awarded 

10 a grant under this section shall use the grant— 

11 ‘‘(A) to provide education and training for 

12 business and financial literacy, certification, 

13 small business plan development, entrepreneur14 ship, and patent and copyright processes; and 

15 ‘‘(B) to provide funding for new small 

16 businesses that pay employees at a living wage. 

17 ‘‘(2) LIMITATIONS.—An eligible entity awarded 

18 a grant under this section may not use the grant— 

19 ‘‘(A) to subsidize private or public employ20 ment; or 

21 ‘‘(B) for any activity in violation of Fed22 eral, State, or local law. 

23 ‘‘(3) ADMINISTRATIVE EXPENSES.—An eligible 

24 entity awarded a grant under this section may use 

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1 ministrative expenses, except that none of the funds 

2 may be used for salaries. 

3 ‘‘(4) DEADLINE ON USE OF GRANT FUNDS.— 

4 An eligible entity awarded a grant under this section 

5 shall expend the grant funds before December 31, 

6 2019, except that the Secretary may provide an ex7 tension. 

8 ‘‘(c) NO EFFECT ON MEANS-TESTED BENEFITS.— 

9 For purposes of determining eligibility and benefit 

10 amounts under any means-tested assistance program, any 

11 assistance funded by a grant under this section shall be 

12 disregarded. 

13 ‘‘(d) REPORTING REQUIREMENTS.—The Secretary 

14 shall submit a report on the implementation of this section 

15 to the Committee on Ways and Means of the House of 

16 Representatives and the Committee on Finance of the 

17 Senate whenever either committee shall so request. 

18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated for grants under this 

20 section $5,000,000,000 for fiscal year 2018. The amounts 

21 appropriated under this section are authorized to remain 

22 available through December 31, 2018. 

23 ‘‘(f) DEFINITIONS.—For purposes of this section— 

24 ‘‘(1) the term ‘eligible entity’ means a State, an 

25 Indian tribe, or a local government; 


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1 ‘‘(2) the term ‘Indian tribe’ has the meaning 

2 given such term by section 4 of the Indian Self-De3 termination and Education Assistance Act (25 

4 U.S.C. 450b); and 

5 ‘‘(3) the term ‘means-tested assistance pro6 gram’ means a benefit program for which eligibility 

7 is based on income.’’. 

8 SEC. 3023. GRANTS FOR PROVISION OF TRANSITION AS9 SISTANCE TO MEMBERS OF THE ARMED 

10 FORCES RECENTLY SEPARATED FROM AC11 TIVE DUTY SERVICE. 

12 (a) IN GENERAL.—The Secretary of Veterans Affairs 

13 shall make grants to eligible organizations for the provi14 sion of transition assistance to members of the Armed 

15 Forces who are recently retired, separated, or discharged 

16 from the Armed Forces and spouses of such members. 

17 (b) USE OF FUNDS.—The recipient of a grant under 

18 this section shall use the grant to provide to members of 

19 the Armed Forces and spouses described in subsection (a) 

20 resume assistance, interview training, job recruitment 

21 training, and related services leading directly to careers, 

22 as determined by the grant recipient. 

23 (c) ELIGIBLE ORGANIZATIONS.—To be eligible for a 

24 grant under this section, an organization shall submit to 


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1 the Secretary an application containing such information 

2 and assurances as the Secretary may require. 

3 (d) AMOUNT OF GRANT.—A grant under this section 

4 shall be in an amount that does not exceed 50 percent 

5 of the amount required by the organization to provide the 

6 services described in subsection (b). 

7 (e) TERMINATION.—The authority to provide a grant 

8 under this section shall terminate on the date that is five 

9 years after the date of the enactment of this Act. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated $5,000,000 to carry out this 

12 section. 

13 SEC. 3024. CREDIT FOR EMPLOYEES PARTICIPATING IN 

14 QUALIFIED APPRENTICESHIP PROGRAMS. 

15 (a) IN GENERAL.—Subpart D of part IV of sub16 chapter A of chapter 1 of the Internal Revenue Code of 

17 1986 is amended by adding at the end the following new 

18 section: 

19 ‘‘SEC. 45U. EMPLOYEES PARTICIPATING IN QUALIFIED AP20 PRENTICESHIP PROGRAMS. 

21 ‘‘(a) IN GENERAL.—For purposes of section 38, the 

22 apprenticeship credit determined under this section for the 

23 taxable year is an amount equal to the sum of the applica24 ble credit amounts (as determined under subsection (b)) 

25 for each of the apprenticeship employees of the employer 


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1 that exceeds the applicable apprenticeship level (as deter2 mined under subsection (e)) during such taxable year. 

3 ‘‘(b) APPLICABLE CREDIT AMOUNT.—For purposes 

4 of subsection (a), the applicable credit amount for each 

5 apprenticeship employee for each taxable year is equal 

6 to— 

7 ‘‘(1) in the case of an apprenticeship employee 

8 who has not attained 25 years of age at the close 

9 of the taxable year, $1,500, or 

10 ‘‘(2) in the case of an apprenticeship employee 

11 who has attained 25 years of age at the close of the 

12 taxable year, $1,000. 

13 ‘‘(c) LIMITATION ON NUMBER OF YEARS WHICH

14 CREDIT MAY BE TAKEN INTO ACCOUNT.—The appren15 ticeship credit shall not be allowed for more than 2 taxable 

16 years with respect to any apprenticeship employee. 

17 ‘‘(d) APPRENTICESHIP EMPLOYEE.—For purposes of 

18 this section— 

19 ‘‘(1) IN GENERAL.—The term ‘apprenticeship 

20 employee’ means any employee who is— 

21 ‘‘(A) a party to an apprenticeship agree22 ment registered with— 

23 ‘‘(i) the Office of Apprenticeship of 

24 the Employment and Training Administra25 tion of the Department of Labor, or 


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1 ‘‘(ii) a recognized State apprenticeship 

2 agency, and 

3 ‘‘(B) employed by the employer in the oc4 cupation identified in the apprenticeship agree5 ment described in paragraph (1), whether or 

6 not the employer is a party to such agreement. 

7 ‘‘(2) MINIMUM COMPLETION RATE FOR ELIGI8 BLE APPRENTICESHIP PROGRAMS.—An employee 

9 shall not be treated as an apprenticeship employee 

10 unless such apprenticeship agreement is with an ap11 prenticeship program that, for the two-year period 

12 ending on the date of the apprenticeship begins, has 

13 a completion rate of at least 50 percent. 

14 ‘‘(e) APPLICABLE APPRENTICESHIP LEVEL.— 

15 ‘‘(1) IN GENERAL.—For purposes of this sec16 tion, the applicable apprenticeship level shall be 

17 equal to— 

18 ‘‘(A) in the case of any apprenticeship em19 ployees described in subsection (b)(1), the 

20 amount equal to 80 percent of the average 

21 number of such apprenticeship employees of the 

22 employer for the 3 taxable years preceding the 

23 taxable year for which the credit is being deter24 mined, rounded to the next lower whole num25 ber, and 


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1 ‘‘(B) in the case of any apprenticeship em2 ployees described in subsection (b)(2), the 

3 amount equal to 80 percent of the average 

4 number of such apprenticeship employees of the 

5 employer for the 3 taxable years preceding the 

6 taxable year for which the credit is being deter7 mined, rounded to the next lower whole num8 ber. 

9 ‘‘(2) FIRST YEAR OF NEW APPRENTICESHIP

10 PROGRAMS.—In the case of an employer which did 

11 not have any apprenticeship employees during any 

12 taxable year in the 3 taxable years preceding the 

13 taxable year for which the credit is being deter14 mined, the applicable apprenticeship level shall be 

15 equal to zero. 

16 ‘‘(f) COORDINATION WITH OTHER CREDITS.—The 

17 amount of credit otherwise allowable under sections 45A, 

18 51(a), and 1396(a) with respect to any employee shall be 

19 reduced by the credit allowed by this section with respect 

20 to such employee. 

21 ‘‘(g) CERTAIN RULES TO APPLY.—Rules similar to 

22 the rules of subsections (i)(1) and (k) of section 51 shall 

23 apply for purposes of this section.’’. 

24 (b) CREDIT MADE PART OF GENERAL BUSINESS

25 CREDIT.—Subsection (b) of section 38 of such Code is 


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1 amended by striking ‘‘plus’’ at the end of paragraph (37), 

2 by striking the period at the end of paragraph (38) and 

3 inserting ‘‘, plus’’, and by adding at the end the following 

4 new paragraph: 

5 ‘‘(39) the apprenticeship credit determined 

6 under section 45U(a).’’. 

7 (c) DENIAL OF DOUBLE BENEFIT.—Subsection (a) 

8 of section 280C of such Code is amended by inserting 

9 ‘‘45S(a),’’ after ‘‘45P(a),’’. 

10 (d) CLERICAL AMENDMENT.—The table of sections 

11 for subpart D of part IV of subchapter A of chapter 1 

12 of such Code is amended by adding at the end the fol13 lowing new item: 

‘‘Sec. 45U. Employees participating in qualified apprenticeship programs.’’. 

14 (e) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to individuals commencing appren16 ticeship programs after the date of the enactment of this 

17 Act. 

18 SEC. 3025. FINDINGS. 

19 Congress finds the following: 

20 (1) The time between the early teens and mid21 twenties represents a critical developmental period in 

22 which individuals can gain the education and train23 ing, entry-level work experiences, work-readiness 

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1 sition into the labor market and build towards fu2 ture professional success. 

3 (2) Yet, nearly 5 million young people ages 16 

4 to 24 are out of school and unemployed, leaving 

5 them disconnected from the systems and institutions 

6 critical for developing the building blocks of inde7 pendence and self-sufficiency. 

8 (3) Communities of color experience the highest 

9 rates of youth disconnection: 25.4 percent of Native 

10 American youth, 18.9 percent of Black youth, and 

11 14.3 percent of Latino youth between the ages of 16 

12 and 24 were disconnected from school and work in 

13 2015. 

14 (4) Disconnected youth are also three times 

15 more likely than other youth to have a disability, 

16 twice as likely to live below the Federal poverty 

17 threshold, and significantly more likely to live in ra18 cially segregated neighborhoods. Disconnected young 

19 women and girls are three times more likely to have 

20 a child, and young people involved in the juvenile 

21 justice system or aging out of the foster care system 

22 are at high risk of disconnection. 

23 (5) Disconnection from school and work can 

24 have significant consequences for youth, including 

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1 ment opportunities. According to the 2012 report, 

2 ‘‘The Economic Value of Opportunity Youth’’, dis3 connected youth will, on average, earn $392,070 less 

4 than the average worker over their lifetimes. 

5 (6) Failure to successfully connect young people 

6 to employment and educational opportunities also re7 sults in a significant loss in productivity for the 

8 overall economy, as well as increases in government 

9 spending. According to a recent report from Meas10 ure of America, in 2013, youth disconnection re11 sulted in $26.8 billion in public expenditures, includ12 ing spending on health care, public assistance, and 

13 incarceration. 

14 (7) Disconnected young people, commonly re15 ferred to as ‘‘opportunity youth’’ because of their 

16 tremendous potential, can add great social and eco17 nomic value to our communities and the economy, if 

18 given the appropriate supports and resources. Ac19 cording to the Opportunity Index, an annual meas20 urement of opportunity in a geographic region, the 

21 number of opportunity youth, along with educational 

22 attainment and poverty rates, are strongly linked to 

23 overall opportunity in communities. When young 

24 adults do well, communities do well. 


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1 (8) Despite their talent and motivation, many 

2 opportunity youth lack access to the training, edu3 cation, and entry-level jobs that can help them gain 

4 the work experience and credentials needed to suc5 cessfully transition into the labor market. 

6 (9) Lack of access to entry-level jobs can limit 

7 a young adult’s ability to accrue early work experi8 ence and demonstrate productivity and work readi9 ness to potential employers. Labor market shifts 

10 have also limited opportunities for young people 

11 without a high school diploma or with limited post12 secondary credentials. According to a 2013 report 

13 from the Georgetown University Center on Edu14 cation and the Workforce, by the year 2020, an esti15 mated 65 percent of all U.S. jobs will require post16 secondary education and training. 

17 (10) Summer and year-round youth employ18 ment programs that connect young people with 

19 entry-level jobs give youth the work experience and 

20 opportunity for skill development needed to transi21 tion into the labor market and prevent points of dis22 connection, such as involvement in the criminal and 

23 juvenile justice systems. 

24 (11) Evidence suggests that summer youth em25 ployment programs may help in-school youth remain 


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1 connected to the education system. A 2014 study of 

2 the New York City Summer Youth Employment 

3 Program found that after program participation, 

4 youth older than 16 increased their school attend5 ance by four or five additional days compared to 

6 their previous fall semester attendance. This attend7 ance increase represented 25 percent of the total 

8 days students were permitted to miss school and still 

9 continue on to the next grade. 

10 (12) Evidence shows that participation in sum11 mer youth employment programs also reduces the 

12 rate of violent crimes arrests. For example, a 2014 

13 study of Chicago’s One Summer Plus program 

14 shows that the program reduced violent crime ar15 rests among at-risk youth by approximately 43 per16 cent, with crime reduction benefits lasting over a 

17 year after the program had ended. This reduction 

18 can have significant impact for young people, given 

19 the impact of a criminal record on future employ20 ment prospects and wages. 

21 (13) Despite its benefits, summer youth em22 ployment has declined by more than 40 percent dur23 ing the past 12 years, at a loss of more than 3 mil24 lion summer jobs for young Americans. A J.P. Mor25 gan Chase study of 14 major U.S. cities found that 


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1 summer youth employment programs were only able 

2 to provide opportunities for 46 percent of applicants 

3 in 2014. 

4 (14) According to research by Measure of 

5 America, the overwhelming number of youth discon6 nected from school and work come from discon7 nected communities marked by high adult unemploy8 ment, poverty, and racial segregation, as well as low 

9 levels of adult education attainment. These commu10 nities often lack the resources and supports needed 

11 to prevent and reverse youth disconnection. 

12 (15) Many at-risk or opportunity youth, finding 

13 that traditional pathways to educational attainment 

14 or employment are ill-matched to their individual 

15 needs, struggle to remain connected or reconnect to 

16 school and work. 

17 (16) For some youth, individual barriers—such 

18 as unstable housing, lack access to affordable child 

19 care or transportation, or involvement in the juvenile 

20 or criminal justice system—make it difficult to take 

21 advantage of existing employment and education 

22 pathways. 

23 (17) According the 2016 report, ‘‘Supportive 

24 Services in Job Training and Education: A Research 

25 Review’’, studies suggest that education and training 


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1 programs that offer supportive services, such as 

2 child care, transportation, and financial assistance, 

3 are associated with improved outcomes. 

4 (18) Community-based preventions and inter5 ventions can address the distinct problems oppor6 tunity youth may face in the local community and 

7 provide a connection to the education and training, 

8 re-engagement, and supportive services needed to 

9 help these young people succeed. 

10 (19) Previous Federal grant programs targeting 

11 communities with high rates of poverty have been 

12 successful in building such communities’ capacity to 

13 improve labor market participation and education at14 tainment rates for young people. 

15 SEC. 3026. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to the Sec17 retary of Labor— 

18 (1) $1,500,000,000 to carry out section 5; 

19 (2) $2,000,000,000 to carry out section 6; and 

20 (3) $2,000,000,000 to provide competitive 

21 grants in accordance with section 7. 

22 SEC. 3027. RESERVATION OF FUNDS FOR ADMINISTRATIVE 

23 AND OTHER PURPOSES. 

24 (a) RESERVATION OF FUNDS.—The Secretary of 

25 Labor shall reserve— 


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1 (1) not more than 5 percent of amounts avail2 able under each of paragraphs (1) through (3) of 

3 section 3 for the costs of innovation and learning ac4 tivities under section 10; 

5 (2) not more than 5 percent of amounts avail6 able under each of paragraphs (1) through (3) of 

7 section 3 for the costs of Federal administration of 

8 this Act; and 

9 (3) not more than 2 percent of amounts avail10 able under each of paragraphs (1) through (3) of 

11 section 3 for the costs of evaluations conducted 

12 under section 11. 

13 (b) PERIOD OF AVAILABILITY.—The amounts appro14 priated under this Act shall be available for obligation by 

15 the Secretary of Labor until the date that is 4 years after 

16 the date of enactment of this Act. 

17 SEC. 3028. SUMMER EMPLOYMENT OPPORTUNITIES FOR 

18 AT-RISK YOUTH. 

19 (a) IN GENERAL.—Of the amounts available under 

20 section 3(1) that are not reserved under section 4, the Sec21 retary of Labor shall, for the purpose of carrying out sum22 mer employment programs under this section— 

23 (1) make an allotment in accordance with sec24 tion 127(b)(1)(C)(ii) of the Workforce Innovation 

25 and Opportunity Act (29 U.S.C. 3162(b)(1)(C)(ii)) 


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1 to each State that meets the requirements of section 

2 102 or 103 of such Act (29 U.S.C. 3112, 3113); 

3 (2) reserve not more than one-quarter of 1 per4 cent of such amounts to provide assistance to the 

5 outlying areas; and 

(3) reserve not more than 11 6 ⁄2 percent of such 

7 amount to, on a competitive basis, make grants to, 

8 or enter into contracts or cooperative agreements 

9 with, Indian tribes, tribal organizations, Alaska Na10 tive entities, Indian-controlled organizations serving 

11 Indians, or Native Hawaiian organizations to carry 

12 out the activities described in subsection (d)(2). 

13 (b) WITHIN STATE ALLOCATIONS.— 

14 (1) IN GENERAL.—The Governor of a State, in 

15 accordance with the State plan developed under sec16 tion 102 or 103 of the Workforce Innovation and 

17 Opportunity Act (29 U.S.C. 3112, 3113), shall allo18 cate the amounts that are allotted to the State 

19 under subsection (a)(1) to eligible local areas in ac20 cordance with section 128(b)(2)(A) of the Workforce 

21 Innovation and Opportunity Act (29 U.S.C. 

22 3163(b)(2)(A)) for the purpose of developing and ex23 panding summer employment programs under this 

24 section. 


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1 (2) SUPPLEMENT NOT SUPPLANT.—Funds 

2 made available for summer youth employment pro3 grams under this section shall supplement and not 

4 supplant other State or local public funds expended 

5 for summer youth employment programs or other 

6 youth activities funded under section 129 of the 

7 Workforce Innovation and Opportunity Act (29 

8 U.S.C. 3163). 

9 (3) REALLOCATION AMONG LOCAL AREAS.—The 

10 Governor may, after consultation with the State 

11 board, reallocate to eligible local areas within the 

12 State amounts that are made available to local areas 

13 from allocations made under this section and that 

14 are available for reallocation in accordance with sec15 tion 128(c)(2)–(4) of the Workforce Innovation and 

16 Opportunity Act (29 U.S.C. 3163(c)(2)–(4)). 

17 (4) LOCAL RESERVATION.—Of the amounts al18 located to a local area under paragraph (1), not 

19 more than 7 percent of such amounts may be used 

20 for the administrative costs, including costs for par21 ticipating in regional and national opportunities for 

22 in-person peer learning under section 10. 

23 (c) LOCAL PLANS.— 

24 (1) IN GENERAL.—The local board of the local 

25 area shall develop and submit, in partnership with 


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1 the chief elected official, a 4-year plan. The plan 

2 shall be consistent with the local plan submitted by 

3 the local board under section 108 of the Workforce 

4 Innovation and Opportunity Act (29 U.S.C. 3123), 

5 as determined by the Governor. 

6 (2) SUBMISSION.—The plan shall be submitted 

7 to the Governor at such time and in such manner 

8 as the Governor may reasonably require. A local 

9 area may develop and submit to the Governor a local 

10 plan for programs under this section and a local 

11 plan for programs under section 6 in lieu of submit12 ting two plans. 

13 (3) CONTENTS.—At a minimum, each plan 

14 shall include— 

15 (A) a description of how the local area will 

16 use program funds, in accordance with sub17 section (d), to develop or expand summer youth 

18 employment programs for each program year; 

19 (B) a description of how the local area will 

20 recruit eligible youth into the program; 

21 (C) the number of individuals expected to 

22 participate in the summer employment program 

23 each program year; 


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1 (D) a description of the services, including 

2 supportive services, that the summer employ3 ment program is expected to provide; 

4 (E) reasonable goals for performance ac5 countability measures outlined in subsection (i); 

6 (F) an assurance that the summer employ7 ment program will be aligned with the youth 

8 services provided under the Workforce Innova9 tion and Opportunity Act (29 U.S.C. 3101 et 

10 seq.); 

11 (G) an assurance that the local area will 

12 adhere to the labor standards outlined in sec13 tion 8; and 

14 (H) any other information as the Governor 

15 may reasonably require. 

16 (d) LOCAL USE OF FUNDS.— 

17 (1) YOUTH PARTICIPANT ELIGIBILITY.—To be 

18 eligible to participate in activities carried out under 

19 this section during any program year, an individual 

20 shall, at the time the eligibility determination is 

21 made, be either an out-of-school youth or an in22 school youth. 

23 (2) LOCAL ACTIVITIES.— 

24 (A) DEVELOPMENT ACTIVITIES.—A local 

25 area that has, at the beginning of the program 


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1 year, no summer youth employment programs 

2 or programs that do not have all program ele3 ments described in paragraph (3)(B) shall use 

4 unreserved allotted funds to— 

5 (i) plan, develop, and carry out activi6 ties described in paragraph (3)(B); 

7 (ii) at the local area’s discretion, de8 velop technology infrastructure, including 

9 data and management systems, to support 

10 program activities; 

11 (iii) conduct outreach to youth partici12 pants and employers; and 

13 (iv) at the local area’s discretion, use 

14 not more than 25 percent of allocated pro15 gram funds to subsidize not more than 75 

16 percent of the wages of each youth partici17 pant. 

18 (B) EXPANSION ACTIVITIES.—A local area 

19 that has, at the beginning of the program year, 

20 a summer youth employment program that has 

21 all program elements described in paragraph 

22 (3)(B) shall use unreserved allotted funds to— 

23 (i) increase the number of summer 

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1 subsidized or partly subsidized opportuni2 ties and opportunities in the private sector; 

3 (ii) conduct outreach to youth partici4 pants and employers; 

5 (iii) use allocated program funds to 

6 subsidize not more than 50 percent of the 

7 wages of each youth participant; and 

8 (iv) at the local area’s discretion, en9 hance activities described in paragraph 

10 (3)(B). 

11 (3) LOCAL ELEMENTS.— 

12 (A) PROGRAM DESIGN.—Programs funded 

13 under this section shall match each youth par14 ticipant with an appropriate employer, based on 

15 factors including the needs of the employer and 

16 the age, skill, and informed aspirations of the 

17 youth participant, for a high-quality summer 

18 employment opportunity, which may not— 

19 (i) be less than 4 weeks; and 

20 (ii) pay less than the highest of the 

21 Federal, State, or local minimum wage. 

22 (B) PROGRAM ELEMENTS.—Program ele23 ments include— 


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1 (i) work-readiness training and edu2 cational programs to enhance the summer 

3 employment opportunity; 

4 (ii) coaching and mentoring services 

5 for youth participants to enhance the sum6 mer employment opportunity and encour7 age program completion; 

8 (iii) coaching and mentoring services 

9 for employers on how to successfully em10 ploy each youth participant in meaningful 

11 work; 

12 (iv) career and college planning serv13 ices; 

14 (v) high-quality financial literacy edu15 cation, including education on the use of 

16 credit and financing higher education, and 

17 access to safe and affordable banking ac18 counts with consumer protections; 

19 (vi) supportive services, or connection 

20 to existing supportive services, to enable 

21 participation in the program; 

22 (vii) integration of services provided 

23 by the program with existing year-round 

24 employment programs, youth development 

25 programs, secondary school programs, 


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1 youth services provided under the Work2 force Innovation and Opportunity Act (29 

3 U.S.C. 3101 et seq.), and skills training 

4 programs funded by the State or Federal 

5 Government; 

6 (viii) referral of at least 30 percent of 

7 participants from or to providers of youth, 

8 adult, vocational rehabilitation services, 

9 and adult education and literacy services 

10 under the Workforce Innovation and Op11 portunity Act (29 U.S.C. 3101 et seq.) or 

12 skills training programs funded by the 

13 State or Federal Government; 

14 (ix) rigorous evaluation of programs 

15 using research approaches appropriate to 

16 programs in different levels of development 

17 and maturity, including random assign18 ment or quasi-experimental impact evalua19 tions, implementation evaluations, pre-ex20 perimental studies, and feasibility studies; 

21 and 

22 (x) commitment and support from 

23 mayors or county executives. 

24 (C) PRIORITY.—Priority shall be given to 

25 summer employment opportunities— 


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1 (i) in existing or emerging in-demand 

2 industry sectors or occupations; or 

3 (ii) that meet community needs in the 

4 public, private, or nonprofit sector. 

5 (4) IN-SCHOOL YOUTH PRIORITY.—For any 

6 program year, not less than 75 percent of the unre7 served funds allotted to local area under this section 

8 shall be used to provide summer employment oppor9 tunities for in-school youth. 

10 (e) REPORTS.— 

11 (1) IN GENERAL.—For each year that a local 

12 area receives funds under this section, the local area 

13 shall submit to the Secretary of Labor and the Gov14 ernor a report with— 

15 (A) the number of youth participants in 

16 the program, including the number of in-school 

17 and out-of-school youth; 

18 (B) the number of youth participants who 

19 completed the summer employment opportunity; 

20 (C) the expenditures made from the 

21 amounts allocated under this section, including 

22 expenditures made to provide youth participants 

23 with supportive services; 

24 (D) a description of how the local area has 

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1 mer youth employment programs, including a 

2 description of program activities and services 

3 provided, including supportive services provided 

4 and the number of youth participants accessing 

5 such services; 

6 (E) the source and amount of funding for 

7 the wages of each youth participant; 

8 (F) information specifying the levels of 

9 performance achieved with respect to the pri10 mary indicators of performance described in 

11 subsection (i) for the program; 

12 (G) the average number of hours and 

13 weeks worked and the average amount of wages 

14 earned by youth participants in the program; 

15 (H) the percent of youth participants 

16 placed in employment opportunities in the non17 profit, public, and private sectors; and 

18 (I) any other information that the Sec19 retary of Labor determines necessary to mon20 itor the effectiveness of the program. 

21 (2) DISAGGREGATION.—The information re22 quired to be reported pursuant to subparagraphs 

23 (A), (B), and (G) of paragraph (1) shall be 

24 disaggregated by race, ethnicity, sex, age, and sub25 populations described in section 129(a)(1)(B)(iii)(I)– 


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1 (VI) of the Workforce Innovation and Opportunity 

2 Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)–(VI)). 

3 (f) PERFORMANCE ACCOUNTABILITY.—Primary indi4 cators of performance shall be the performance metrics de5 scribed in sections 116(b)(2)(A)(i)(V) and 

6 116(b)(2)(A)(ii)(I) of the Workforce Innovation and Op7 portunity Act (29 U.S.C. 3141(b)(2)(A)(i)(V), 

8 3141(b)(2)(A)(ii)(I)) and a work-readiness indicator es9 tablished by the Secretary of Labor. 

10 (g) TECHNICAL ASSISTANCE FOR LOCAL AREA FAIL11 URE TO MEET LOCAL PERFORMANCE ACCOUNTABILITY

12 MEASURES.—If a local area fails to meet performance ac13 countability goals established under local plans for any 

14 program year, the Governor, or, upon request by the Gov15 ernor, the Secretary of Labor, shall provide technical as16 sistance, which may include assistance in the development 

17 of a performance improvement plan. 

18 SEC. 3029. YEAR-ROUND EMPLOYMENT FOR OPPORTUNITY 

19 YOUTH. 

20 (a) IN GENERAL.—Of the amounts available under 

21 section 3(1) that are not reserved under section 4, the Sec22 retary of Labor shall, for the purpose of carrying out year23 round employment programs under this section— 

24 (1) make an allotment in accordance with sec25 tion 127(b)(1)(C)(ii) of the Workforce Innovation 


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1 and Opportunity Act (29 U.S.C. 3162(b)(1)(C)(ii)) 

2 to each State that meets the requirements of section 

3 102 or 103 of such Act (29 U.S.C. 3112, 3113); and 

4 (2) reserve not more than one-quarter of 1 per5 cent of such amounts to provide assistance to the 

6 outlying areas. 

7 (b) WITHIN STATE ALLOCATIONS.— 

8 (1) IN GENERAL.—The Governor of a State, in 

9 accordance with the State plan developed under sec10 tion 102 or 103 of the Workforce Innovation and 

11 Opportunity Act (29 U.S.C. 3112, 3113), shall allo12 cate the amounts that are allotted to the State 

13 under subsection (a)(1) to eligible local areas in ac14 cordance with section 128(b)(2)(A) of the Workforce 

15 Innovation and Opportunity Act (29 U.S.C. 

16 3163(b)(2)(A)) for the purpose of developing and ex17 panding year-round employment programs under 

18 this section. 

19 (2) SUPPLEMENT NOT SUPPLANT.—Funds 

20 made available for year-round youth employment 

21 programs under this section shall supplement and 

22 not supplant other State or local public funds ex23 pended for year-round youth employment programs 

24 or other youth activities funded under section 129 of 


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1 the Workforce Innovation and Opportunity Act (29 

2 U.S.C. 3163). 

3 (3) REALLOCATION AMONG LOCAL AREAS.—The 

4 Governor may, after consultation with the State 

5 board, reallocate to eligible local areas within the 

6 State amounts that are made available to local areas 

7 from allocations made under this section and that 

8 are available for reallocation in accordance with sec9 tion 128(c)(2)–(4) of the Workforce Innovation and 

10 Opportunity Act (29 U.S.C. 3163(c)(2)–(4)). 

11 (4) LOCAL RESERVATION.—Of the amounts al12 located to a local area under paragraph (1), not 

13 more than 7 percent of such amounts may be used 

14 for the administrative costs, including costs for par15 ticipating regional and national opportunities for in16 person peer learning under section 10. 

17 (c) LOCAL PLANS.— 

18 (1) IN GENERAL.—The local board of the local 

19 area shall develop and submit, in partnership with 

20 the chief elected official, a 4-year plan. The plan 

21 shall be consistent with the local plan submitted by 

22 the local board under section 108 of the Workforce 

23 Innovation and Opportunity Act (29 U.S.C. 3123), 

24 as determined by the Governor. 


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1 (2) SUBMISSION.—The plan shall be submitted 

2 to the Governor at such time and in such manner 

3 as the Governor may reasonably require. A local 

4 area may develop and submit to the Governor a local 

5 plan for programs under this section and a local 

6 plan for programs under section 5 in lieu of submit7 ting two plans. 

8 (3) CONTENTS.—At a minimum, each plan 

9 shall include— 

10 (A) a description of how the local area will 

11 use program funds, in accordance with sub12 section (d), to develop or expand year-round 

13 youth employment programs for each program 

14 year; 

15 (B) a description of how the local area will 

16 recruit eligible youth into the program; 

17 (C) the number of individuals expected to 

18 participate in the year-round employment pro19 gram each program year; 

20 (D) a description of the services, including 

21 supportive services, that the year-round employ22 ment program is expected to provide; 

23 (E) reasonable goals for performance ac24 countability measures outlined in subsection (i); 


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1 (F) an assurance that the year-round em2 ployment program will be aligned with the 

3 youth services provided under the Workforce 

4 Innovation and Opportunity Act (29 U.S.C. 

5 3101 et seq.); 

6 (G) an assurance that the local area will 

7 adhere to the labor standards outlined in sec8 tion 8; and 

9 (H) any other information as the Governor 

10 may reasonably require. 

11 (d) LOCAL USE OF FUNDS.— 

12 (1) YOUTH PARTICIPANT ELIGIBILITY.—To be 

13 eligible to participate in activities carried out under 

14 this section during any program year, an individual 

15 shall, at the time the eligibility determination is 

16 made be an out-of-school youth and unemployed in17 dividual. 

18 (2) LOCAL ACTIVITIES.— 

19 (A) DEVELOPMENT ACTIVITIES.—A local 

20 area that has, at the beginning of the program 

21 year, no year-round youth employment pro22 grams or programs that do not have all pro23 gram elements described in paragraph (3)(B) 

24 shall use unreserved allotted funds to— 


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1 (i) plan, develop, and carry out activi2 ties described in paragraph (3)(B); 

3 (ii) at the local area’s discretion, de4 velop technology infrastructure, including 

5 data and management systems, to support 

6 program activities; 

7 (iii) conduct outreach to youth partici8 pants and employers; and 

9 (iv) at the local area’s discretion, use 

10 not more than 30 percent of allocated pro11 gram funds to subsidize the wages of each 

12 youth participant. 

13 (B) EXPANSION ACTIVITIES.—A local area 

14 that has at the beginning of the program year, 

15 a year-round youth employment program that 

16 has all program elements described in para17 graph (3)(B) shall use unreserved allotted 

18 funds to— 

19 (i) increase the number of year-round 

20 employment opportunities, including un21 subsidized or partly subsidized opportuni22 ties and opportunities in the private sector; 

23 (ii) conduct outreach to youth partici24 pants and employers; 


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1 (iii) use allocated program funds to 

2 subsidize wages of each youth participant; 

3 and 

4 (iv) at the local area’s discretion, en5 hance activities described in paragraph 

6 (3)(B). 

7 (3) LOCAL ELEMENTS.— 

8 (A) PROGRAM DESIGN.— 

9 (i) IN GENERAL.—Programs funded 

10 under this section shall match each youth 

11 participant with an appropriate employer, 

12 based on factors including the needs of the 

13 employer and the age, skill, and informed 

14 aspirations of the youth participant, for 

15 high-quality year-round employment, which 

16 may not— 

17 (I) be less than 180 days and 

18 more than 1 year; 

19 (II) pay less than the highest of 

20 the Federal, State, or local minimum 

21 wage; and 

22 (III) employ the youth partici23 pant for less than 20 hours per week. 

24 (ii) EMPLOYER SHARE OF WAGES.— 

25 Programs funded under this section shall 


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1 require not less than 25 percent of the 

2 wages of each youth participant to be paid 

3 by the employer, except this requirement 

4 may be waived for not more than 10 per5 cent of youth participants with significant 

6 barriers to employment. 

7 (B) PROGRAM ELEMENTS.—Program ele8 ments include— 

9 (i) work-readiness training and edu10 cational programs to enhance year-round 

11 employment; 

12 (ii) coaching and mentoring services 

13 for youth participants to enhance the year14 round employment opportunity and encour15 age program completion; 

16 (iii) coaching and mentoring services 

17 for employers on how to successfully em18 ploy each youth participant in meaningful 

19 work; 

20 (iv) career and college planning serv21 ices; 

22 (v) high-quality financial literacy edu23 cation, including education on the use of 

24 credit and financing higher education, and 


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1 access to safe and affordable banking ac2 counts with consumer protections; 

3 (vi) supportive services, or connection 

4 to existing supportive services, to enable 

5 participation in the program; 

6 (vii) integration of services provided 

7 by the program with existing youth devel8 opment programs, secondary school pro9 grams, youth services provided under the 

10 Workforce Innovation and Opportunity Act 

11 (29 U.S.C. 3101 et seq.), and skills train12 ing programs funded by the State or Fed13 eral Government; 

14 (viii) referral of at least 30 percent of 

15 participants from or to providers of youth, 

16 adult, vocational rehabilitation services, 

17 and adult education and literacy services 

18 under the Workforce Innovation and Op19 portunity Act (29 U.S.C. 3101 et seq.), or 

20 skills training programs funded by the 

21 State or Federal Government; 

22 (ix) rigorous evaluation of programs 

23 using research approaches appropriate to 

24 programs in different levels of development 

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1 ment or quasi-experimental impact evalua2 tions, implementation evaluations, pre-ex3 perimental studies, and feasibility studies; 

4 and 

5 (x) commitment and support from 

6 mayors or county executives. 

7 (C) PRIORITY.—Priority shall be given to 

8 year-round employment opportunities— 

9 (i) in existing or emerging in-demand 

10 industry sectors or occupations; or 

11 (ii) that meet community needs in the 

12 public, private, or nonprofit sector. 

13 (e) REPORTS.— 

14 (1) IN GENERAL.—For each year that a local 

15 area receives funds under this section, the local area 

16 shall submit to the Secretary of Labor and the Gov17 ernor a report with— 

18 (A) the number of youth participants in 

19 the program; 

20 (B) the number of youth participants who 

21 completed the year-round employment oppor22 tunity; 

23 (C) the expenditures made from the 

24 amounts allocated under this section, including 


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1 expenditures made to provide youth participants 

2 with supportive services; 

3 (D) a description of how the local area has 

4 used program funds to develop or expand year5 round youth employment programs, including a 

6 description of program activities and services 

7 provided, including supportive services provided 

8 and the number of youth participants accessing 

9 such services; 

10 (E) the source and amount of funding for 

11 the wages of each youth participant; 

12 (F) information specifying the levels of 

13 performance achieved with respect to the pri14 mary indicators of performance described in 

15 subsection (f) for the program; 

16 (G) the average number of hours and 

17 weeks worked and the average amount of wages 

18 earned by youth participants in the program; 

19 (H) the percent of youth participants 

20 placed in employment opportunities in the non21 profit, public, and private sectors; 

22 (I) the number of youth participants who 

23 are asked to remain after the end of the year24 round employment and the number of youth 


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1 participants actually retained for not less than 

2 90 days; and 

3 (J) any other information that the Sec4 retary of Labor determines necessary to mon5 itor the effectiveness of the program. 

6 (2) DISAGGREGATION.—The information re7 quired to be reported pursuant to subparagraphs 

8 (A), (B), and (G) of paragraph (1) shall be 

9 disaggregated by race, ethnicity, sex, age, and sub10 populations described in section 129(a)(1)(B)(iii)(I)– 

11 (VI) of the Workforce Innovation and Opportunity 

12 Act (29 U.S.C. 3164(a)(1)(B)(iii)(I)–(VI)). 

13 (f) PERFORMANCE ACCOUNTABILITY.—Primary indi14 cators of performance shall be the performance metrics de15 scribed in sections 116(b)(2)(A)(i)(III), 

16 116(b)(2)(A)(i)(V), and 116(b)(2)(A)(ii)(I)–(II) of the 

17 Workforce Innovation and Opportunity Act (29 U.S.C. 

18 3141(b)(2)(A)(i)(III), 3141(b)(2)(A)(i)(V), 

19 3141(b)(2)(A)(ii)(I)–(II)) and a work-readiness indicator 

20 established by the Secretary of Labor. 

21 (g) TECHNICAL ASSISTANCE FOR LOCAL AREA FAIL22 URE TO MEET LOCAL PERFORMANCE ACCOUNTABILITY

23 MEASURES.—If a local area fails to meet performance ac24 countability goals established under local plans for any 

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1 ernor, the Secretary of Labor, shall provide technical as2 sistance, which may include assistance in the development 

3 of a performance improvement plan. 

4 SEC. 3030. CONNECTING-FOR-OPPORTUNITIES COMPETI5 TIVE GRANT PROGRAM. 

6 (a) IN GENERAL.—Of the amounts available under 

7 section 3(3) that are not reserved under section 4, the Sec8 retary of Labor shall, in consultation with the Secretary 

9 of Education, award grants on a competitive basis to as10 sist local community partnerships in improving high school 

11 graduation and youth employment rates. 

12 (b) LOCAL COMMUNITY PARTNERSHIPS.— 

13 (1) MANDATORY PARTNERS.—A local commu14 nity partnership shall include at a minimum— 

15 (A) one unit of general local government; 

16 (B) one local educational agency; 

17 (C) one institution of higher education; 

18 (D) one local workforce development board; 

19 (E) one community-based organization 

20 with experience or expertise in working with 

21 youth; 

22 (F) one public agency serving youth under 

23 the jurisdiction of the juvenile justice system or 

24 criminal justice system; 


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1 (G) a State or local child welfare agency; 

2 and 

3 (H) an agency administering programs 

4 under part A of title IV of the Social Security 

5 Act (42 U.S.C. 601 et seq.). 

6 (2) OPTIONAL PARTNERS.—A local community 

7 partnership may also include within the partner8 ship— 

9 (A) American Job Centers; 

10 (B) employers or employer associations; 

11 (C) representatives of labor organizations; 

12 (D) programs that receive funding under 

13 the Juvenile Justice and Delinquency Preven14 tion Act (42 U.S.C. 5601 et seq.); 

15 (E) public agencies or community-based 

16 organizations with expertise in providing coun17 seling services, including trauma-informed and 

18 gender-responsive counseling; 

19 (F) public housing agencies, collaborative 

20 applicants, as defined by the McKinney-Vento 

21 Homeless Assistance Act (42 U.S.C. 11301 et 

22 seq.), or private nonprofit organizations that 

23 serve homeless youth and households or foster 

24 youth; and 


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1 (G) other appropriate State and local 

2 agencies. 

3 (c) APPLICATION.—A local community partnership 

4 desiring a grant under this section shall submit to the Sec5 retary of Labor an application at such time, in such man6 ner, and containing such information as the Secretary may 

7 reasonably require. At a minimum, each application shall 

8 include a comprehensive plan that— 

9 (1) demonstrates sufficient need for the grant 

10 in the local population (indicators of need may in11 clude high rates of high school dropouts and youth 

12 unemployment and a high percentage or number of 

13 low-income individuals in the local population); 

14 (2) demonstrates the capacity of each local 

15 community partnership to carry out the activities de16 scribed in subsection (d); 

17 (3) is consistent with the local plan submitted 

18 by the local board under section 108 of the Work19 force Innovation and Opportunity Act (29 U.S.C. 

20 3123), the local plan for career and technical edu21 cation programs authorized under the Carl D. Per22 kins Career and Technical Education Act of 2006 

23 (20 U.S.C. 2301 et seq.) (if not part of the Work24 force Innovation and Opportunity Act local plan) 

25 and the State plan for programs under part A of 


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1 title IV of the Social Security Act (42 U.S.C. 601 

2 et seq.); and 

3 (4) includes an assurance that the local commu4 nity partnership will adhere to the labor standards 

5 outlined in section 8. 

6 (d) USE OF FUNDS.—A local community partnership 

7 receiving a grant under this section shall use the grant 

8 funds— 

9 (1) to target individuals not younger than age 

10 14 or older than age 24; 

11 (2) to make appropriate use of existing edu12 cation, child welfare, social services, and workforce 

13 development data collection systems to facilitate the 

14 local community partnership’s ability to target the 

15 individuals described in paragraph (1); 

16 (3) to develop wide-ranging paths to higher 

17 education and employment, including— 

18 (A) using not less than 50 percent of the 

19 grant funds to help individuals described in 

20 paragraph (1) complete their secondary school 

21 education through various alternative means, 

22 including through high-quality, flexible pro23 grams that utilize evidence-based interventions 

24 and provide differentiated services (or path25 ways) to students returning to education after 


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1 exiting secondary school without a regular high 

2 school diploma or who, based on their grade or 

3 age, are significantly off track to accumulate 

4 sufficient academic credits to meet high school 

5 graduation requirements, as established by the 

6 State; 

7 (B) creating career pathways focused on 

8 paid work-based learning consisting of on-the9 job training and classroom instruction that will 

10 lead to credential attainment and prioritize con11 nections to registered apprenticeship programs 

12 and pre-apprenticeship programs; 

13 (C) providing career navigators to provide 

14 individuals described in paragraph (1) with pre15 employment and employment counseling and to 

16 assist such individuals in— 

17 (i) finding and securing employment 

18 or work-based learning opportunities that 

19 pay not less than the highest of the Fed20 eral, State, or local minimum wage; 

21 (ii) identifying and assessing eligibility 

22 for training programs and funding for such 

23 programs; 

24 (iii) completing necessary paperwork; 

25 and 


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1 (iv) identifying additional services, if 

2 needed; 

3 (D) connecting individuals described in 

4 paragraph (1) with providers of youth services, 

5 adult services, vocational rehabilitation services, 

6 and adult education and literacy services, under 

7 the Workforce Innovation and Opportunity Act 

8 (29 U.S.C. 3101 et seq.), career planning serv9 ices, and federally and State funded programs 

10 that provide skills training; and 

11 (E) ensuring that such individuals success12 fully transition into pre-apprenticeship pro13 grams, registered apprenticeship programs, or 

14 programs leading to recognized postsecondary 

15 credentials in in-demand industry sectors or oc16 cupations; 

17 (4) to provide a comprehensive system aimed at 

18 preventing the individuals described in paragraph 

19 (1) from disconnecting from education, training, and 

20 employment and aimed at re-engaging any such indi21 vidual who has been disconnected by— 

22 (A) providing school-based dropout preven23 tion and community-based dropout recovery 

24 services, including establishing or improving 

25 school district early warning systems that— 


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1 (i) connect such systems to existing 

2 data gathering and reporting systems es3 tablished under the Workforce Innovation 

4 and Opportunity Act (29 U.S.C. 3101 et 

5 seq.) for the purpose of identifying the in6 dividuals described in paragraph (1); and 

7 (ii) engage any such identified indi8 vidual using targeted, evidence-based inter9 ventions to address the specific needs and 

10 issues of the individual, including chronic 

11 absenteeism; and 

12 (B) providing the individuals described in 

13 paragraph (1) with access to re-engagement 

14 services for training programs and employment 

15 opportunities and using providers of youth serv16 ices under the Workforce Innovation and Op17 portunity Act (29 U.S.C. 3101 et seq.) to con18 duct intake and refer such individuals and their 

19 families to the appropriate re-engagement serv20 ice; and 

21 (5) to provide a comprehensive system of sup22 port for the individuals described in paragraph (1), 

23 including— 

24 (A) connecting such individuals with pro25 fessionals who can— 


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1 (i) provide case management and 

2 counseling services; and 

3 (ii) assist such individuals in— 

4 (I) developing achievable short5 term goals and long-term goals; and 

6 (II) overcoming any social, ad7 ministrative, or financial barrier that 

8 may hinder the achievement of such 

9 goals; and 

10 (B) providing or connecting participants 

11 with available supportive services. 

12 (e) PRIORITY IN AWARDS.—In awarding grants 

13 under this section, the Secretary of Labor shall give pri14 ority to applications submitted by local community part15 nerships that include a comprehensive plan that— 

16 (1) serves and targets communities with a high 

17 percentage or high numbers of low-income individ18 uals and high rates of high school dropouts and 

19 youth unemployment; and 

20 (2) allows the individuals described in para21 graph (1) to earn academic credit through various 

22 means, including high-quality career and technical 

23 education, dual enrollment programs, or work-based 

24 learning. 


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1 (f) GEOGRAPHIC DISTRIBUTION.—The Secretary 

2 shall ensure that consideration is given to geographic dis3 tribution (such as urban and rural areas) in the awarding 

4 of grants under section. 

5 (g) PERFORMANCE ACCOUNTABILITY.—For activities 

6 funded under this section, the primary indicators of per7 formance shall include— 

8 (1) the performance metrics described in sec9 tions 116(b)(2)(A)(i)(III)–(V) and 

10 116(b)(2)(A)(ii)(I)–(II) of the Workforce Innovation 

11 and Opportunity Act (29 U.S.C. 

12 3141(b)(2)(A)(i)(III)–(V), 3141 (b)(2)(A)(ii)(I)– 

13 (II)); 

14 (2) the four-year adjusted cohort graduation 

15 rate and the extended-year adjusted cohort gradua16 tion rate in a State that chooses to use such a grad17 uation rate, as defined in section 8101(25) of the 

18 Elementary and Secondary Education Act of 1965, 

19 as amended; and 

20 (3) the rate of attaining a recognized equivalent 

21 of a diploma, such as a general equivalency diploma. 

22 (h) REPORTS.—For each year that a local community 

23 partnership administers a program under this section, the 

24 local community partnership shall submit to the Secretary 

25 of Labor and, if applicable, the State a report on— 


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1 (1) the number of youth participants in the pro2 gram, including the number of in-school and out-of3 school youth, disaggregated by race, ethnicity, sex, 

4 age, and subpopulations described in section 

5 129(a)(1)(B)(iii)(I)–(VII) of the Workforce Innova6 tion and Opportunity Act (29 U.S.C. 

7 3164(a)(1)(B)(iii)(I)–(VII)); 

8 (2) the expenditures made from the amounts al9 located under this section, including any expendi10 tures made to provide youth participants with sup11 portive services; 

12 (3) a description of program activities and serv13 ices provided, including supportive services provided 

14 and the number of youth participants accessing such 

15 services; 

16 (4) information specifying the levels of perform17 ance achieved with respect to the primary indicators 

18 of performance described in subsection (f) for the 

19 program, disaggregated by race, ethnicity, sex, age, 

20 and subpopulations described in section 

21 129(a)(1)(B)(iii)(I)–(VII) of the Workforce Innova22 tion and Opportunity Act (29 U.S.C. 

23 3164(a)(1)(B)(iii)(I)–(VII)); and 


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1 (5) any other information that the Secretary of 

2 Labor determines necessary to monitor the effective3 ness of the program. 

4 SEC. 3031. LABOR STANDARDS. 

5 Activities funded under this Act shall be subject to 

6 the requirements and restrictions, including the labor 

7 standards, described in section 181 of the Workforce In8 vestment Act of 1998 (29 U.S.C. 2931) and the non9 discrimination provisions of section 188 of such Act (29 

10 U.S.C. 2938), in addition to other applicable Federal laws. 

11 SEC. 3032. PRIVACY. 

12 Nothing in this Act— 

13 (1) shall be construed to supersede the privacy 

14 protections afforded parents and students under sec15 tion 444 of the General Education Provisions Act 

16 (20 U.S.C. 1232g); or 

17 (2) shall be construed to permit the develop18 ment of a national database of personally identifi19 able information on individuals receiving services 

20 under this Act. 

21 SEC. 3033. INNOVATION AND LEARNING. 

22 Using funds reserved under section 4, the Secretary 

23 shall— 

24 (1) provide technical assistance to ensure pro25 viders have sufficient organizational capacity, staff 


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1 training, and expertise to effectively implement pro2 grams, described under this Act; 

3 (2) create regional and national opportunities 

4 for in-person peer learning; and 

5 (3) provide on a competitive basis sub-grants to 

6 States and local areas to conduct pilots and dem7 onstrations using emerging and evidence-based best 

8 practices, and models for youth employment pro9 grams and to evaluate such programs using designs 

10 that employ the most rigorous analytical and statis11 tical methods that are reasonably feasible. 

12 SEC. 3034. EVALUATION AND REPORTS. 

13 (a) EVALUATION.—Not earlier than 1 year or later 

14 than 2 years after the end of the award grant period, the 

15 Secretary of Labor shall conduct an evaluation of the pro16 grams administered under this Act. 

17 (b) REPORTS TO CONGRESS.—The Secretary of 

18 Labor shall transmit to the Committee on Education and 

19 the Workforce of the House of Representatives and the 

20 Committee on Health, Education, Labor, and Pensions of 

21 the Senate not later than 5 years after the end of the 

22 award grant period, a final report on the results of the 

23 evaluation conducted under subsection (a). 

24 SEC. 3035. DEFINITIONS. 

25 In this Act: 


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1 (1) ESEA TERMS.—The terms ‘‘extended-year 

2 adjusted cohort graduation rate’’, ‘‘evidence-based’’, 

3 ‘‘four-year adjusted cohort graduation rate’’, ‘‘local 

4 educational agency’’, and ‘‘secondary school’’ have 

5 the meanings given such terms in section 8101 of 

6 the Elementary and Secondary Education Act of 

7 1965 (20 U.S.C. 7801). 

8 (2) INSTITUTION OF HIGHER EDUCATION.—The 

9 term ‘‘institution of higher education’’ has the 

10 meaning given such term in section 101 of the High11 er Education Act of 1965 (20 U.S.C. 1001). 

12 (3) REGISTERED APPRENTICESHIP PROGRAM.— 

13 The term ‘‘registered apprenticeship program’’ has 

14 the meaning given such term in section 171(b) of 

15 the Workforce Innovation and Opportunity Act (29 

16 U.S.C. 3226(b)). 

17 (4) OTHER WIOA TERMS.—The terms ‘‘adminis18 trative costs’’, ‘‘career and technical education’’, 

19 ‘‘career pathway’’, ‘‘career planning’’, ‘‘community20 based organization’’, ‘‘Governor’’, ‘‘in-demand indus21 try sector or occupation’’, ‘‘in-school youth’’, ‘‘local 

22 area’’, ‘‘local board’’, ‘‘low-income individual’’, ‘‘one23 stop center’’, ‘‘on-the-job training’’, ‘‘outlying area’’, 

24 ‘‘out-of-school youth’’, ‘‘school dropout’’, ‘‘State’’, 

25 ‘‘supportive services’’, ‘‘unemployed individual’’, and 


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1 ‘‘unit of general local government’’ have the mean2 ings given such terms in section 3 of the Workforce 

3 Innovation and Opportunity Act (29 U.S.C. 3102). 

4 SEC. 3036. MINIMUM WAGE INCREASES. 

5 (a) IN GENERAL.—Section 6(a)(1) of the Fair Labor 

6 Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended 

7 to read as follows: 

8 ‘‘(1) except as otherwise provided in this sec9 tion, not less than— 

10 ‘‘(A) $9.25 an hour, beginning on the ef11 fective date under section 7 of the Jobs and 

12 Justice Act of 2018; 

13 ‘‘(B) $10.10 an hour, beginning 1 year 

14 after such effective date; 

15 ‘‘(C) $11.00 an hour, beginning 2 years 

16 after such effective date; 

17 ‘‘(D) $12.00 an hour, beginning 3 years 

18 after such effective date; 

19 ‘‘(E) $13.00 an hour, beginning 4 years 

20 after such effective date; 

21 ‘‘(F) $13.50 an hour, beginning 5 years 

22 after such effective date; 

23 ‘‘(G) $14.25 an hour, beginning 6 years 

24 after such effective date; 


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1 ‘‘(H) $15.00 an hour, beginning 7 years 

2 after such effective date; and 

3 ‘‘(I) beginning on the date that is 8 years 

4 after such effective date, and annually there5 after, the amount determined by the Secretary 

6 under subsection (h);’’. 

7 (b) DETERMINATION BASED ON INCREASE IN THE

8 MEDIAN HOURLY WAGE OF ALL EMPLOYEES.—Section 

9 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

10 206) is amended by adding at the end the following: 

11 ‘‘(h)(1) Not later than each date that is 90 days be12 fore a new minimum wage determined under subsection 

13 (a)(1)(I) is to take effect, the Secretary shall determine 

14 the minimum wage to be in effect under this subsection 

15 for each period described in subsection (a)(1)(I). The wage 

16 determined under this subsection for a year shall be— 

17 ‘‘(A) not less than the amount in effect under 

18 subsection (a)(1) on the date of such determination; 

19 ‘‘(B) increased from such amount by the annual 

20 percentage increase, if any, in the median hourly 

21 wage of all employees as determined by the Bureau 

22 of Labor Statistics; and 

23 ‘‘(C) rounded to the nearest multiple of $0.05. 

24 ‘‘(2) In calculating the annual percentage increase in 

25 the median hourly wage of all employees for purposes of 


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1 paragraph (1)(B), the Secretary, through the Bureau of 

2 Labor Statistics, shall compile data on the hourly wages 

3 of all employees to determine such a median hourly wage 

4 and compare such median hourly wage for the most recent 

5 year for which data are available with the median hourly 

6 wage determined for the preceding year.’’. 

7 SEC. 3037. TIPPED EMPLOYEES. 

8 (a) BASE MINIMUM WAGE FOR TIPPED EMPLOY9 EES.—Section 3(m)(1) of the Fair Labor Standards Act 

10 of 1938 (29 U.S.C. 203(m)(1)) is amended to read as fol11 lows: 

12 ‘‘(1) the cash wage paid such employee, which 

13 for purposes of such determination shall be not less 

14 than— 

15 ‘‘(A) for the 1-year period beginning on 

16 the effective date under section 7 of the Jobs 

17 and Justice Act of 2018, $4.15 an hour; 

18 ‘‘(B) for each succeeding 1-year period 

19 until the hourly wage under this paragraph 

20 equals the wage in effect under section 6(a)(1) 

21 for such period, an hourly wage equal to the 

22 amount determined under this paragraph for 

23 the preceding year, increased by the lesser of— 

24 ‘‘(i) $1.15; or 


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1 ‘‘(ii) the amount necessary for the 

2 wage in effect under this paragraph to 

3 equal the wage in effect under section 

4 6(a)(1) for such period, rounded to the 

5 nearest multiple of $0.05; and 

6 ‘‘(C) for each succeeding 1-year period 

7 after the increase made pursuant to subpara8 graph (B)(ii), the minimum wage in effect 

9 under section 6(a)(1); and’’. 

10 (b) TIPS RETAINED BY EMPLOYEES.—Section 3(m) 

11 of the Fair Labor Standards Act of 1938 (29 U.S.C. 

12 203(m)) is amended— 

13 (1) in the second sentence of the matter fol14 lowing paragraph (2), by striking ‘‘of this sub15 section, and all tips received by such employee have 

16 been retained by the employee’’ and inserting ‘‘of 

17 this subsection. Any employee shall have the right to 

18 retain any tips received by such employee’’; and 

19 (2) by adding at the end the following: ‘‘An em20 ployer shall inform each employee of the right and 

21 exception provided under the preceding sentence.’’. 

22 (c) SCHEDULED REPEAL OF SEPARATE MINIMUM

23 WAGE FOR TIPPED EMPLOYEES.— 

24 (1) TIPPED EMPLOYEES.—Section 3(m) of the 

25 Fair Labor Standards Act of 1938 (29 U.S.C. 


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1 203(m)), as amended by subsections (a) and (b), is 

2 further amended by striking the sentence beginning 

3 with ‘‘In determining the wage an employer is re4 quired to pay a tipped employee,’’ and all that fol5 lows through ‘‘of this subsection.’’ and inserting 

6 ‘‘The wage required to be paid to a tipped employee 

7 shall be the wage set forth in section 6(a)(1).’’. 

8 (2) PUBLICATION OF NOTICE.—Section 6(i) of 

9 the Fair Labor Standards Act of 1938 (29 U.S.C. 

10 206(i)), as added by section 5, is amended by strik11 ing ‘‘or in accordance with subparagraph (B) or (C) 

12 of section 3(m)(1) (as applicable),’’. 

13 (3) EFFECTIVE DATE.—The amendments made 

14 by paragraphs (1) and (2) shall take effect on the 

15 date that is one day after the date on which the 

16 hourly wage under section 3(m)(1)(C) of the Fair 

17 Labor Standards Act of 1938 (29 U.S.C. 

18 203(m)(1)(C)), as amended by subsection (a), takes 

19 effect. 

20 SEC. 3038. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 

21 20 YEARS OLD. 

22 (a) BASE MINIMUM WAGE FOR NEWLY HIRED EM23 PLOYEES WHO ARE LESS THAN 20 YEARS OLD.—Section 

24 6(g)(1) of the Fair Labor Standards Act of 1938 (29 

25 U.S.C. 206(g)(1)) is amended by striking ‘‘a wage which 


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1 is not less than $4.25 an hour.’’ and inserting the fol2 lowing: ‘‘a wage at a rate that is not less than— 

3 ‘‘(A) for the 1-year period beginning on 

4 the effective date under section 7 of the Jobs 

5 and Justice Act of 2018, $5.00 an hour; 

6 ‘‘(B) for each succeeding 1-year period 

7 until the hourly wage under this paragraph 

8 equals the wage in effect under section 6(a)(1) 

9 for such period, an hourly wage equal to the 

10 amount determined under this paragraph for 

11 the preceding year, increased by the lesser of— 

12 ‘‘(i) $1.05; or 

13 ‘‘(ii) the amount necessary for the 

14 wage in effect under this paragraph to 

15 equal the wage in effect under section 

16 6(a)(1) for such period, rounded to the 

17 nearest multiple of $0.05; and 

18 ‘‘(C) for each succeeding 1-year period 

19 after the increase made pursuant to subpara20 graph (B)(ii), the minimum wage in effect 

21 under section 6(a)(1).’’. 

22 (b) SCHEDULED REPEAL OF SEPARATE MINIMUM

23 WAGE FOR NEWLY HIRED EMPLOYEES WHO ARE LESS

24 THAN 20 YEARS OLD.— 


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1 (1) IN GENERAL.—Section 6(g)(1) of the Fair 

2 Labor Standards Act of 1938 (29 U.S.C. 

3 206(g)(1)), as amended by subsection (a), shall be 

4 repealed effective on the date provided in paragraph 

5 (3). 

6 (2) PUBLICATION OF NOTICE.—Section 6(i) of 

7 the Fair Labor Standards Act of 1938 (29 U.S.C. 

8 206(i)), as amended by section 3(c)(2), is further 

9 amended by striking ‘‘or subparagraph (B) or (C) of 

10 section 6(g)(1) (as applicable),’’. 

11 (3) EFFECTIVE DATE.—The repeal and amend12 ment made by paragraphs (1) and (2), respectively, 

13 shall take effect on the date that is one day after the 

14 date on which the hourly wage under section 

15 6(g)(1)(C) of the Fair Labor Standards Act, as 

16 amended by subsection (a), takes effect. 

17 SEC. 3039. PUBLICATION OF NOTICE. 

18 Section 6 of the Fair Labor Standards Act of 1938 

19 (29 U.S.C. 206), as amended by the preceding sections, 

20 is further amended by adding at the end the following: 

21 ‘‘(i) Not later than 60 days prior to the effective date 

22 of any increase in the required wage determined under 

23 subsection (h), or in accordance with subparagraph (B) 

24 or (C) of section 3(m)(1) (as applicable), section 

25 14(c)(1)(A) (as applicable), or subparagraph (B) or (C) 


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1 of section 6(g)(1) (as applicable), the Secretary shall pub2 lish in the Federal Register and on the website of the De3 partment of Labor a notice announcing each increase in 

4 such required wage.’’. 

5 SEC. 3040. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR 

6 INDIVIDUALS WITH DISABILITIES. 

7 (a) WAGES.— 

8 (1) TRANSITION TO FAIR WAGES FOR INDIVID9 UALS WITH DISABILITIES.—Subparagraph (A) of 

10 section 14(c)(1) of the Fair Labor Standards Act of 

11 1938 (29 U.S.C. 214(c)(1)) is amended to read as 

12 follows: 

13 ‘‘(A) at a rate that equals, or exceeds, the 

14 greater of— 

15 ‘‘(i)(I) $4.25 an hour, beginning 1 

16 year after the date the wage rate specified 

17 in section 6(a)(1)(A) takes effect; 

18 ‘‘(II) $6.25 an hour, beginning 2 

19 years after such date; 

20 ‘‘(III) $8.25 an hour, beginning 3 

21 years after such date; 

22 ‘‘(IV) $10.25 an hour, beginning 4 

23 years after such date; 

24 ‘‘(V) $12.25 an hour, beginning 5 

25 years after such date; and 


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1 ‘‘(VI) the wage rate in effect under 

2 section 6(a)(1), on the date that is 6 years 

3 after the date the wage specified in section 

4 6(a)(1)(A) takes effect; or 

5 ‘‘(ii) if applicable, the wage rate in ef6 fect on the day before the date of enact7 ment of the Raise the Wage Act for the 

8 employment, under a special certificate 

9 issued under this paragraph, of the indi10 vidual for whom the wage rate is being de11 termined under this subparagraph,’’. 

12 (2) PROHIBITION ON NEW SPECIAL CERTIFI13 CATES; SUNSET.—Section 14(c) of the Fair Labor 

14 Standards Act of 1938 (29 U.S.C. 214(c)) (as 

15 amended by paragraph (1)) is further amended by 

16 adding at the end the following: 

17 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI18 CATES.—Notwithstanding paragraph (1), the Sec19 retary shall not issue a special certificate under this 

20 subsection to an employer that was not issued a spe21 cial certificate under this subsection before the date 

22 of enactment of the Raise the Wage Act. 

23 ‘‘(7) SUNSET.—Beginning on the day after the 

24 date on which the wage rate described in paragraph 

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1 cial certificates under paragraph (1) shall expire, 

2 and no special certificates issued under paragraph 

3 (1) shall have any legal effect. 

4 ‘‘(8) TRANSITION ASSISTANCE.—Upon request, 

5 the Secretary shall provide— 

6 ‘‘(A) technical assistance and information 

7 to employers issued a special certificate under 

8 this subsection for the purposes of— 

9 ‘‘(i) transitioning the practices of such 

10 employers to comply with this subsection, 

11 as amended by the Raise the Wage Act; 

12 and 

13 ‘‘(ii) ensuring continuing employment 

14 opportunities for individuals with disabil15 ities receiving a special minimum wage 

16 rate under this subsection; and 

17 ‘‘(B) information to individuals employed 

18 at a special minimum wage rate under this sub19 section, which may include referrals to other 

20 Federal or State entities with expertise in com21 petitive integrated employment.’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on the date of en24 actment of this Act. 

25 (b) PUBLICATION OF NOTICE.— 


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1 (1) AMENDMENT.—Section 6(i) of the Fair 

2 Labor Standards Act of 1938 (29 U.S.C. 206(i)), as 

3 amended by section 4(b)(2), is further amended by 

4 striking ‘‘section 14(c)(1)(A) (as applicable),’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall take effect on the day after 

7 the date on which the wage rate described in para8 graph (1)(A)(i)(VI) of section 14(c) of the Fair 

9 Labor Standards Act of 1938 (29 U.S.C. 214(c)), as 

10 amended by subsection (a)(1), takes effect. 

11 SEC. 3041. GENERAL EFFECTIVE DATE. 

12 Except as otherwise provided in this Act or the 

13 amendments made by this Act, this Act and the amend14 ments made by this Act shall take effect on the first day 

15 of the third month that begins after the date of enactment 

16 of this Act. 

17 SEC. 3042. PROHIBITIONS RELATING TO PROSPECTIVE EM18 PLOYEES’ SALARY AND BENEFIT HISTORY. 

19 (a) IN GENERAL.—The Fair Labor Standards Act of 

20 1938 (29 U.S.C. 201 et seq.) is amended by adding after 

21 section 7 the following new section: 

22 ‘‘SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO 

23 WAGE, SALARY AND BENEFIT HISTORY. 

24 ‘‘It shall be an unlawful practice for an employer to— 


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1 ‘‘(1) screen prospective employees based on 

2 their previous wages or salary histories, including 

3 benefits or other compensation, including by requir4 ing that a prospective employee’s previous wages or 

5 salary histories, including benefits or other com6 pensation, satisfy minimum or maximum criteria, or 

7 request or require as a condition of being inter8 viewed, or as a condition of continuing to be consid9 ered for an offer of employment or as a condition of 

10 employment, that a prospective employee disclose 

11 previous wages or salary histories, including benefits 

12 or other compensation; 

13 ‘‘(2) seek the previous wages or salary history, 

14 including benefits or other compensation, of any pro15 spective employee from any current or former em16 ployer of such employee; or 

17 ‘‘(3) discharge or in any other manner retaliate 

18 against any employee or prospective employee be19 cause the employee— 

20 ‘‘(A) opposed any act or practice made un21 lawful by this section or made or is about to 

22 make a complaint relating to any act or prac23 tice made unlawful by this section; or 

24 ‘‘(B) testified or is about to testify, assist, 

25 or participate in any manner in an investigation 


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1 or proceeding relating to any act or practice 

2 made unlawful by this section.’’. 

3 (b) PENALTIES.—Section 16 of such Act (29 U.S.C. 

4 216) is amended by adding at the end the following new 

5 subsection: 

6 ‘‘(f)(1) Any person who violates the provisions of sec7 tion 8 shall— 

8 ‘‘(A) be subject to a civil penalty of $5,000 for 

9 a first offense, increased by an additional $1,000 for 

10 each subsequent offense, not to exceed $10,000; and 

11 ‘‘(B) be liable to each employee or prospective 

12 employee who was the subject of the violation for 

13 special damages not to exceed $10,000 plus attor14 neys’ fees, and shall be subject to such injunctive re15 lief as may be appropriate. 

16 ‘‘(2) An action to recover the liability described in 

17 paragraph (1)(B) may be maintained against any em18 ployer (including a public agency) in any Federal or State 

19 court of competent jurisdiction by any one or more em20 ployees or prospective employees for and in behalf of him21 self or themselves and other employees similarly situ22 ated.’’. 


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1 SEC. 3043. PRIVATE RIGHT OF ACTION UNDER THE NA2 TIONAL LABOR RELATIONS ACT. 

3 Section 10 of the National Labor Relations Act (29 

4 U.S.C. 160) is amended by adding at the end the fol5 lowing: 

6 ‘‘(n) In addition to filing a charge alleging an unfair 

7 labor practice with the Board in accordance with this Act, 

8 a person alleging an unfair labor practice by an employer 

9 in violation of section 8(a)(3) may, not later than 180 days 

10 after the date of such violation, bring a civil action in the 

11 appropriate district court of the United States against the 

12 employer for such violation. The court may grant any re13 lief described in section 706(g) of the Civil Rights Act of 

14 1964 (42 U.S.C. 2000e–5) or section 1977A(b) of the Re15 vised Statutes of the United States (42 U.S.C. 1981a(b)), 

16 and may allow the prevailing party a reasonable attorney’s 

17 fee (including expert witness fees) as part of the costs.’’. 

18 SEC. 3044. FINDINGS AND PURPOSE. 

19 (a) FINDINGS.—Congress finds that— 

20 (1) African-American young men ages 18 to 39 

21 are the hardest hit in unemployment, with an unem22 ployment rate of 41 percent nationally, and in some 

23 States and cities, especially inner cities, higher than 

24 50 percent; 

25 (2) this extraordinarily high unemployment rate 

26 has a terrible rippling impact on the breakdown of 


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1 the family structure, as men in this age group are 

2 in the primary child-producing ages; and 

3 (3) an unemployment rate of 40 to 50 percent 

4 among African-American young men, many of who 

5 are fathers who, without jobs, and are unable to pro6 vide for their families, is not only a national crisis 

7 but a national tragedy. 

8 (b) PURPOSE.—The purpose of this Act is to secure 

9 jobs, on-the-job training, and apprenticeships for African10 American young men ages 18 to 39 with the labor unions, 

11 general contractors, and businesses who will rebuild the 

12 Nation’s crumbling infrastructure in cities and commu13 nities throughout the Nation. 

14 SEC. 3045. URGING EMPLOYMENT, ON-THE-JOB TRAINING, 

15 AND APPRENTICESHIPS FOR UNEMPLOYED 

16 AFRICAN-AMERICAN YOUNG MEN IN RE17 BUILDING THE NATION’S CRUMBLING INFRA18 STRUCTURE. 

19 (a) IN GENERAL.—The Secretary of Labor shall 

20 strongly and urgently request those labor unions, general 

21 contractors, and businesses, who will rebuild the Nation’s 

22 crumbling infrastructure, transportation systems, tech23 nology and computer networks, and energy distribution 

24 systems, to actively recruit, hire, and provide on-the-job 

25 training to African-American young men ages 18 to 39 


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1 through their existing jobs, apprenticeships, and ‘‘earn 

2 while you learn’’ programs. The Secretary shall provide 

3 assistance to such labor unions, general contractors, and 

4 businesses through every means available to help coordi5 nate the recruitment of such individuals for such jobs, on6 the-job training, and apprenticeships. 

7 (b) COORDINATION.—The jobs, on-the-job training, 

8 and apprenticeships made available by labor unions, gen9 eral contractors, and businesses described in subsection 

10 (a) shall be conducted in conjunction with the Secretary 

11 of Labor and the labor unions and other associations 

12 which have been identified as those primarily involved in 

13 the infrastructure rebuilding described in such subsection, 

14 including the International Brotherhood of Electrical 

15 Workers (IBEW), the United Association of Journeymen 

16 and Apprentices of the Plumbing and Pipe Fitting Indus17 try of the United States and Canada, the International 

18 Association of Bridge, Structural, Ornamental and Rein19 forcing Iron Workers Union, the International Brother20 hood of Teamsters, the National Electrical Contractors 

21 Association, the International Association of Sheet Metal, 

22 Air, Rail and Transportation Workers (SMART), the La23 borers’ International Union of North America (LIUNA), 

24 the International Union of Operating Engineers (IUOE), 

25 and the United Steelworkers (USW). Such coordination 


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1 shall also be done in conjunction with the National Joint 

2 Apprenticeship and Training Committee, which allows ap3 prentices to earn while they learn. 

4 (c) RECRUITMENT.—The labor unions, general con5 tractors, and businesses described in subsections (a) and 

6 (b) shall recruit African-American young men for the jobs, 

7 on-the-job training, and apprenticeships described in sub8 section (a) by reaching out and seeking assistance from 

9 within the African-American community, churches, the 

10 National Urban League, the NAACP, 100 Black Men of 

11 America, high school and college job placement offices, 

12 media outlets, and other African-American organizations 

13 that can offer valuable assistance to the Secretary of 

14 Labor, the labor unions, general contractors, and busi15 nesses with identifying, locating, and contacting unem16 ployed African-American young men who want jobs, on17 the-job training, and apprenticeships. These African18 American organizations have a long and rich history of 

19 working to improve the lives of African-Americans, and 

20 can be very helpful in successfully reaching, contacting, 

21 and recruiting unemployed African-American young men. 

22 SEC. 3046. SENSE OF CONGRESS. 

23 It is the sense of Congress that this Act— 

24 (1) while rebuilding the crumbling infrastruc25 ture of this great Nation, will simultaneously help 


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1 create good paying jobs and job training that will 

2 provide African-American young men ages 18 to 39 

3 with the technical skills, computer capabilities, and 

4 other skills necessary in this high technology-driven 

5 job market, thus providing African-American young 

6 men with highly developed skills that will make them 

7 very competitive and attractive to many employers; 

8 and 

9 (2) greatly exemplifies and strengthens the high 

10 nobility of purpose that is the founding grace of this 

11 great Nation. 

12 SEC. 3047. INCREASE IN RESEARCH CREDIT FOR CON13 TRACTED RESEARCH WITH UNITED STATES 

14 BUSINESSES. 

15 (a) IN GENERAL.—Section 41 of the Internal Rev16 enue Code of 1986 is amended by inserting after sub17 section (g) the following new subsection: 

18 ‘‘(h) SPECIAL RULE FOR CONTRACTED RESEARCH

19 WITH UNITED STATES MANUFACTURING BUSINESS.— 

20 ‘‘(1) IN GENERAL.—If the taxpayer elects the 

21 application of this subsection, subsection (a)(1) shall 

22 be applied by substituting ‘25 percent’ for ‘20 per23 cent’ with respect to qualified United States re24 search expenses. 


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1 ‘‘(2) QUALIFIED UNITED STATES RESEARCH

2 EXPENSES.—For purposes of this subsection, the 

3 term ‘qualified United States research expenses’ 

4 means any amount paid or incurred by the taxpayer 

5 to any person (other than an employee of the tax6 payer) for qualified research, substantially all of 

7 which occurs in the United States. 

8 ‘‘(3) SEPARATE APPLICATION OF SECTION.—In 

9 the case of any election of the application of this 

10 subsection, this section shall be applied separately 

11 with respect to qualified United States research ex12 penses.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to amounts paid or incurred for 

15 taxable years beginning after the date of the enactment 

16 of this Act. 

17 SEC. 3048. HOMELAND SECURITY CYBERSECURITY WORK18 FORCE; PERSONNEL AUTHORITIES. 

19 (a) HOMELAND SECURITY CYBERSECURITY WORK20 FORCE.— 

21 (1) IN GENERAL.—Subtitle C of title II of the 

22 Homeland Security Act of 2002 (6 U.S.C. 141 et 

23 seq.) is amended by adding at the end the following 

24 new section: 


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1 ‘‘SEC. 230A. CYBERSECURITY OCCUPATION CATEGORIES, 

2 WORKFORCE ASSESSMENT, AND STRATEGY. 

3 ‘‘(a) SHORT TITLE.—This section may be cited as the 

4 ‘Homeland Security Cybersecurity Boots-on-the-Ground 

5 Act’. 

6 ‘‘(b) CYBERSECURITY OCCUPATION CATEGORIES.— 

7 ‘‘(1) IN GENERAL.—Not later than 90 days 

8 after the date of the enactment of this section, the 

9 Secretary shall develop and issue comprehensive oc10 cupation categories for individuals performing activi11 ties in furtherance of the cybersecurity mission of 

12 the Department. 

13 ‘‘(2) APPLICABILITY.—The Secretary shall en14 sure that the comprehensive occupation categories 

15 issued under paragraph (1) are used throughout the 

16 Department and are made available to other Federal 

17 agencies. 

18 ‘‘(c) CYBERSECURITY WORKFORCE ASSESSMENT.— 

19 ‘‘(1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this section and 

21 annually thereafter, the Secretary shall assess the 

22 readiness and capacity of the workforce of the De23 partment to meet its cybersecurity mission. 

24 ‘‘(2) CONTENTS.—The assessment required 

25 under paragraph (1) shall, at a minimum, include 

26 the following: 


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1 ‘‘(A) Information where cybersecurity posi2 tions are located within the Department, speci3 fied in accordance with the cybersecurity occu4 pation categories issued under subsection (b). 

5 ‘‘(B) Information on which cybersecurity 

6 positions are— 

7 ‘‘(i) performed by— 

8 ‘‘(I) permanent full time depart9 mental employees, together with de10 mographic information about such 

11 employees’ race, ethnicity, gender, dis12 ability status, and veterans status; 

13 ‘‘(II) individuals employed by 

14 independent contractors; and 

15 ‘‘(III) individuals employed by 

16 other Federal agencies, including the 

17 National Security Agency; and 

18 ‘‘(ii) vacant. 

19 ‘‘(C) The number of individuals hired by 

20 the Department pursuant to the authority 

21 granted to the Secretary in 2009 to permit the 

22 Secretary to fill 1,000 cybersecurity positions 

23 across the Department over a three year period, 

24 and information on what challenges, if any, 


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1 were encountered with respect to the implemen2 tation of such authority. 

3 ‘‘(D) Information on vacancies within the 

4 Department’s cybersecurity supervisory work5 force, from first line supervisory positions 

6 through senior departmental cybersecurity posi7 tions. 

8 ‘‘(E) Information on the percentage of in9 dividuals within each cybersecurity occupation 

10 category who received essential training to per11 form their jobs, and in cases in which such 

12 training is not received, information on what 

13 challenges, if any, were encountered with re14 spect to the provision of such training. 

15 ‘‘(F) Information on recruiting costs in16 curred with respect to efforts to fill cybersecu17 rity positions across the Department in a man18 ner that allows for tracking of overall recruiting 

19 and identifying areas for better coordination 

20 and leveraging of resources within the Depart21 ment. 

22 ‘‘(d) WORKFORCE STRATEGY.— 

23 ‘‘(1) IN GENERAL.—Not later than 180 days 

24 after the date of the enactment of this section, the 

25 Secretary shall develop, maintain, and, as necessary, 


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1 update, a comprehensive workforce strategy that en2 hances the readiness, capacity, training, recruitment, 

3 and retention of the cybersecurity workforce of the 

4 Department. 

5 ‘‘(2) CONTENTS.—The comprehensive work6 force strategy developed under paragraph (1) shall 

7 include— 

8 ‘‘(A) a multiphased recruitment plan, in9 cluding relating to experienced professionals, 

10 members of disadvantaged or underserved com11 munities, the unemployed, and veterans; 

12 ‘‘(B) a 5-year implementation plan; 

13 ‘‘(C) a 10-year projection of the Depart14 ment’s cybersecurity workforce needs; and 

15 ‘‘(D) obstacles impeding the hiring and de16 velopment of a cybersecurity workforce at the 

17 Department. 

18 ‘‘(e) INFORMATION SECURITY TRAINING.—Not later 

19 than 270 days after the date of the enactment of this sec20 tion, the Secretary shall establish and maintain a process 

21 to verify on an ongoing basis that individuals employed 

22 by independent contractors who serve in cybersecurity po23 sitions at the Department receive initial and recurrent in24 formation security training comprised of general security 

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1 tions, and role-based security training that is commensu2 rate with assigned responsibilities. The Secretary shall 

3 maintain documentation to ensure that training provided 

4 to an individual under this subsection meets or exceeds 

5 requirements for such individual’s job function. 

6 ‘‘(f) UPDATES.—The Secretary shall submit to the 

7 appropriate congressional committees annual updates re8 garding the cybersecurity workforce assessment required 

9 under subsection (c), information on the progress of car10 rying out the comprehensive workforce strategy developed 

11 under subsection (d), and information on the status of the 

12 implementation of the information security training re13 quired under subsection (e). 

14 ‘‘(g) GAO STUDY.—The Secretary shall provide the 

15 Comptroller General of the United States with information 

16 on the cybersecurity workforce assessment required under 

17 subsection (c) and progress on carrying out the com18 prehensive workforce strategy developed under subsection 

19 (d). The Comptroller General shall submit to the Sec20 retary and the appropriate congressional committees a 

21 study on such assessment and strategy. 

22 ‘‘(h) CYBERSECURITY FELLOWSHIP PROGRAM.—Not 

23 later than 120 days after the date of the enactment of 

24 this section, the Secretary shall submit to the appropriate 

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1 tablishing a Cybersecurity Fellowship Program to offer a 

2 tuition payment plan for undergraduate and doctoral can3 didates who agree to work for the Department for an 

4 agreed-upon period of time.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents in section 1(b) of the Homeland Security Act 

7 of 2002 is amended by inserting after the item relat8 ing to section 230 the following new item: 

‘‘Sec. 230A. Cybersecurity occupation categories, workforce assessment, and 

strategy.’’. 

9 (b) PERSONNEL AUTHORITIES.— 

10 (1) IN GENERAL.—Subtitle C of title II of the 

11 Homeland Security Act of 2002, as amended by sub12 section (a)(1) of this section, is further amended by 

13 adding at the end the following new section: 

14 ‘‘SEC. 230B. PERSONNEL AUTHORITIES. 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) PERSONNEL AUTHORITIES.—The Sec17 retary may exercise with respect to qualified employ18 ees of the Department the same authority that the 

19 Secretary of Defense has with respect to civilian in20 telligence personnel and the scholarship program 

21 under sections 1601, 1602, 1603, and 2200a of title 

22 10, United States Code, to establish as positions in 

23 the excepted service, appoint individuals to such po24 sitions, fix pay, and pay a retention bonus to any 


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1 employee appointed under this section if the Sec2 retary determines that such is needed to retain es3 sential personnel. Before announcing the payment of 

4 a bonus under this paragraph, the Secretary shall 

5 submit to the Committee on Homeland Security of 

6 the House of Representatives and the Committee on 

7 Homeland Security and Governmental Affairs of the 

8 Senate a written explanation of such determination. 

9 Such authority shall be exercised— 

10 ‘‘(A) to the same extent and subject to the 

11 same conditions and limitations that the Sec12 retary of Defense may exercise such authority 

13 with respect to civilian intelligence personnel of 

14 the Department of Defense; and 

15 ‘‘(B) in a manner consistent with the merit 

16 system principles set forth in section 2301 of 

17 title 5, United States Code. 

18 ‘‘(2) CIVIL SERVICE PROTECTIONS.—Sections 

19 1221 and 2302, and chapter 75 of title 5, United 

20 States Code, shall apply to the positions established 

21 pursuant to the authorities provided under para22 graph (1). 

23 ‘‘(3) PLAN FOR EXECUTION OF AUTHORI24 TIES.—Not later than 120 days after the date of the 

25 enactment of this section, the Secretary shall submit 


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1 to the Committee on Homeland Security of the 

2 House of Representatives and the Committee on 

3 Homeland Security and Governmental Affairs of the 

4 Senate a report that contains a plan for the use of 

5 the authorities provided under this subsection. 

6 ‘‘(b) ANNUAL REPORT.—Not later than one year 

7 after the date of the enactment of this section and annu8 ally thereafter for four years, the Secretary shall submit 

9 to the Committee on Homeland Security of the House of 

10 Representatives and the Committee on Homeland Security 

11 and Governmental Affairs of the Senate a detailed report 

12 (including appropriate metrics on actions occurring during 

13 the reporting period) that discusses the processes used by 

14 the Secretary in implementing this section and accepting 

15 applications, assessing candidates, ensuring adherence to 

16 veterans’ preference, and selecting applicants for vacancies 

17 to be filled by a qualified employee. 

18 ‘‘(c) DEFINITION OF QUALIFIED EMPLOYEE.—In 

19 this section, the term ‘qualified employee’ means an em20 ployee who performs functions relating to the security of 

21 Federal civilian information systems, critical infrastruc22 ture information systems, or networks of either of such 

23 systems.’’. 

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1 serting after the item relating to section 230A (as 

2 added by subsection (a)(2) of this section) the fol3 lowing new item: 

‘‘Sec. 230B. Personnel authorities.’’. 

4 (c) CLARIFICATION REGARDING AUTHORIZATION OF

5 APPROPRIATIONS.—No additional amounts are authorized 

6 to be appropriated by reason of this section or the amend7 ments made by this section. 

8 SEC. 3049. PROTECTING SOCIAL SECURITY, RAILROAD RE9 TIREMENT, AND BLACK LUNG BENEFITS 

10 FROM ADMINISTRATIVE OFFSET. 

11 (a) PROHIBITION ON ADMINISTRATIVE OFFSET AU12 THORITY.— 

13 (1) ASSIGNMENT UNDER SOCIAL SECURITY

14 ACT.—Section 207 of the Social Security Act (42 

15 U.S.C. 407) is amended by adding at the end the 

16 following new subsection: 

17 ‘‘(d) Subparagraphs (A), (C), and (D) of section 

18 3716(c)(3) of title 31, United States Code, as such sub19 paragraphs were in effect on the date before the date of 

20 enactment of the Jobs and Justice Act of 2018, shall be 

21 null and void and of no effect.’’. 

22 (2) CONFORMING AMENDMENTS.— 

23 (A) Section 14(a) of the Railroad Retire24 ment Act of 1974 (45 U.S.C. 231m(a)) is 

25 amended by adding at the end the following: ‘‘. 


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1 The provisions of section 207(d) of the Social 

2 Security Act shall apply with respect to this 

3 title to the same extent as they apply in the 

4 case of title II of such Act.’’. 

5 (B) Section 2(e) of the Railroad Unem6 ployment Insurance Act (45 U.S.C. 352(e)) is 

7 amended by adding at the end the following: 

8 ‘‘The provisions of section 207(d) of the Social 

9 Security Act shall apply with respect to this 

10 title to the same extent as they apply in the 

11 case of title II of such Act.’’. 

12 (b) REPEAL OF ADMINISTRATIVE OFFSET AUTHOR13 ITY.— 

14 (1) IN GENERAL.—Paragraph (3) of section 

15 3716(c) of title 31, United States Code, is amend16 ed— 

17 (A) by striking ‘‘(3)(A)(i) Notwith18 standing’’ and all that follows through ‘‘any 

19 overpayment under such program).’’; 

20 (B) by striking subparagraphs (C) and 

21 (D); and 

22 (C) by redesignating subparagraph (B) as 

23 paragraph (3). 


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1 (2) CONFORMING AMENDMENT.—Paragraph (5) 

2 of such section is amended by striking ‘‘the Commis3 sioner of Social Security and’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to any collection by administrative 

6 offset occurring on or after the date of enactment of this 

7 Act of a claim arising before, on, or after the date of en8 actment of this Act. 

9 SEC. 3050. EXPANSION OF AUTHORITY FOR NONCOMPETI10 TIVE APPOINTMENTS OF MILITARY SPOUSES 

11 BY FEDERAL AGENCIES. 

12 (a) EXPANSION TO INCLUDE ALL SPOUSES OF MEM13 BERS OF THE ARMED FORCES ON ACTIVE DUTY.—Sec14 tion 3330d of title 5, United States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) by striking paragraphs (3), (4), and 

17 (5); and 

18 (B) by redesignating paragraph (6) as 

19 paragraph (3); 

20 (2) by striking subsections (b) and (c) and in21 serting the following new subsection (b): 

22 ‘‘(b) APPOINTMENT AUTHORITY.—The head of an 

23 agency may appoint noncompetitively— 

24 ‘‘(1) a spouse of a member of the Armed Forces 

25 on active duty; or 


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1 ‘‘(2) a spouse of a disabled or deceased member 

2 of the Armed Forces.’’; 

3 (3) by redesignating subsection (d) as sub4 section (c); and 

5 (4) in subsection (c), as so redesignated, by 

6 striking ‘‘subsection (a)(6)’’ in paragraph (1) and 

7 inserting ‘‘subsection (a)(3)’’. 

8 (b) HEADING AMENDMENT.—The heading of such 

9 section is amended to read as follows: 

10 ‘‘§ 3330d. Appointment of military spouses’’. 

11 (c) CLERICAL AMENDMENT.—The table of sections 

12 at the beginning of chapter 33 of such title is amended 

13 by striking the item relating to section 3330d and insert14 ing the following new item: 

‘‘3330d. Appointment of military spouses.’’. 

15 SEC. 3051. REPORT ON MECHANISMS TO INCREASE PAR16 TICIPATION IN DEPARTMENT OF DEFENSE 

17 CONTRACTS OF FIRMS WITH PROGRAMS TO 

18 EMPLOY MILITARY SPOUSES. 

19 Not later than 180 days after the date of the enact20 ment of this Act, the Secretary of Defense shall submit 

21 to Congress a report that sets forth various mechanisms 

22 to be used by the Department of Defense to increase the 

23 participation in Department contracts of businesses that 

24 implement and maintain programs to employ military 

25 spouses. For each mechanism set forth, the report shall 


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1 include a recommendation for the legislative or adminis2 trative action necessary to implement such mechanism. 

3 SEC. 3052. IMPROVEMENT OF EDUCATION AND CAREER OP4 PORTUNITIES PROGRAMS FOR MILITARY 

5 SPOUSES. 

6 (a) OUTREACH ON AVAILABILITY OF MYCAA PRO7 GRAM.— 

8 (1) IN GENERAL.—The Secretary of Defense 

9 shall take appropriate actions to ensure that military 

10 spouses who are eligible for participation in the My 

11 Career Advancement Account (MyCAA) program of 

12 the Department of Defense are, to extent prac13 ticable, made aware of the program and their eligi14 bility for the program. 

15 (2) DIGITAL ADVERTISEMENT.—The actions 

16 taken by the Secretary pursuant to paragraph (1) 

17 shall include a state-of-the-art digital advertising 

18 campaign on the My Career Advancement Account 

19 program designed to target military spouses. 

20 (3) DOD REPORT.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retary shall submit to Congress a report setting 

23 forth the following: 

24 (A) An assessment of the extent to which 

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1 reer Advancement Account program are aware 

2 of the program and their eligibility for the pro3 gram. 

4 (B) A description of the levels of participa5 tion in the My Career Advancement Account 

6 program among military spouses who are eligi7 ble to participate in the program. 

8 (4) COMPTROLLER GENERAL REPORT.—Not 

9 later than 180 days after the submittal of the report 

10 required by paragraph (3), the Comptroller General 

11 of the United States shall submit to Congress a re12 port setting forth the following: 

13 (A) An assessment of the report under 

14 paragraph (3). 

15 (B) Such recommendations as the Comp16 troller General considers appropriate regarding 

17 the following: 

18 (i) Mechanisms to increase awareness 

19 of the My Career Advancement Account 

20 program among military spouses who are 

21 eligible to participate in the program. 

22 (ii) Mechanisms to increase participa23 tion in the My Career Advancement Ac24 count program among military spouses 


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1 who are eligible to participate in the pro2 gram. 

3 (b) TRAINING FOR INSTALLATION CAREER COUN4 SELORS ON MYCAA PROGRAM.—The Secretaries of the 

5 military departments shall take appropriate actions to en6 sure that career counselors at military installations receive 

7 appropriate training and current information on eligibility 

8 for and use of benefits under the My Career Advancement 

9 Account program, including financial assistance to cover 

10 costs associated with professional recertification, port11 ability of occupational licenses, professional credential 

12 exams, and other mechanisms in connection with the port13 ability of professional licenses. 

14 (c) REPORT ON EXPANSION OF SECO PROGRAM.— 

15 The Secretary of Defense shall submit to Congress a re16 port setting forth a proposal for the expansion of special17 ized coaching modules within the Spouse Education and 

18 Career Opportunities (SECO) Program of the Department 

19 of Defense. 

20 SEC. 3053. MILITARY FAMILY CHILDCARE MATTERS. 

21 (a) ASSESSMENT OF USE OF SUBSIDIZED, OFF-IN22 STALLATION CHILDCARE SERVICES.—Subsection (a) of 

23 section 575 of the National Defense Authorization Act for 

24 Fiscal Year 2018 (Public Law 115–91) is amended by 

25 adding at the end the following new paragraph: 


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1 ‘‘(5) Modifying the rate of use of subsidized, 

2 off-installation childcare services by military families 

3 in light of the full implementation of MilitaryChild4 Care.com, including whether the availability of off5 installation childcare services for military families 

6 could be increased by altering policies of the Armed 

7 Forces on capping the amount of subsidies for mili8 tary families for such services based on the cost of 

9 living for families and the average cost of civilian 

10 childcare services.’’. 

11 (b) PROVISIONAL OR INTERIM CLEARANCES TO PRO12 VIDE CHILDCARE SERVICES.— 

13 (1) IN GENERAL.—The Secretary of Defense 

14 shall implement a policy to permit the issuance of 

15 clearances on a provisional or interim basis for the 

16 provision of childcare services at military childcare 

17 centers. 

18 (2) ELEMENTS.—The policy required by this 

19 subsection shall provide for the following: 

20 (A) Any clearance issued under the policy 

21 shall be temporary and contingent upon the sat22 isfaction of such requirements for the issuance 

23 of a clearance on a permanent basis as the Sec24 retary considers appropriate. 


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1 (B) Any individual issued a clearance on a 

2 provisional or interim basis under the policy 

3 shall be subject to such supervision in the provi4 sion of childcare services using such clearance 

5 as the Secretary considers appropriate. 

6 (3) CLEARANCE DEFINED.—In this subsection, 

7 the term ‘‘clearance’’, with respect to an individual 

8 and the provision of childcare services, means the 

9 formal approval of the individual, after appropriate 

10 vetting and other review, to provide childcare serv11 ices to children at a military childcare center of the 

12 Department of Defense. 

13 SEC. 3054. EXPANSION OF PERIOD OF AVAILABILITY OF 

14 MILITARY ONESOURCE PROGRAM FOR RE15 TIRED AND DISCHARGED MEMBERS OF THE 

16 ARMED FORCES AND THEIR IMMEDIATE FAM17 ILIES. 

18 (a) IN GENERAL.—Under regulations prescribed by 

19 the Secretary of Defense, the period of eligibility for the 

20 Military OneSource program of the Department of De21 fense of an eligible individual retired, discharged, or other22 wise released from the Armed Forces, and for the eligible 

23 immediate family members of such an individual, shall be 

24 the one-year period beginning on the date the retirement, 

25 discharge, or release, as applicable, of such individual. 


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1 (b) OUTREACH.—The Secretary shall undertake a 

2 marketing and advertising campaign designed to inform 

3 military families and families of veterans of the Armed 

4 Forces of the wide range of benefits available through the 

5 Military OneSource program. The campaign shall include 

6 well-researched and targeted marketing and advertising 

7 collateral issued at the following: 

8 (1) Offices at military installations that issue 

9 identification cards. 

10 (2) Locations at which activities under the 

11 Transition Assistance Program (TAP) are being car12 ried out. 

13 SEC. 3055. TRANSITION ASSISTANCE FOR MILITARY 

14 SPOUSES. 

15 (a) TRANSITION ASSISTANCE.— 

16 (1) IN GENERAL.—Subchapter I of chapter 88 

17 of title 10, United States Code, is amended by in18 serting after section 1784a the following new sec19 tion: 

20 ‘‘§ 1784b. Employment assistance, job training assist21 ance, and other transitional assistance 

22 for military spouses: Department of 

23 Labor 

24 ‘‘(a) IN GENERAL.—In carrying out the program of 

25 assistance and services required by section 1144 of this 


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1 title, the Secretary of Labor, in conjunction with the Sec2 retary of Defense, the Secretary of Homeland Security, 

3 and the Secretary of Veterans Affairs, shall also maintain 

4 a program of counseling, assistance, help, and related in5 formation and services for spouses of members of the 

6 armed forces covered by that section in order to assist 

7 such spouses during the transition of such members to ci8 vilian life. 

9 ‘‘(b) ELEMENTS.—The counseling, assistance, help, 

10 and information and services available under the program 

11 under this section shall be the following: 

12 ‘‘(1) Such counseling, assistance, help, and in13 formation and services as are available to members 

14 under section 1144 of this title and are suitable to 

15 assist spouses during the transition of members as 

16 described in subsection (a). 

17 ‘‘(2) Such other counseling, assistance, help, 

18 and information and services to assist spouses dur19 ing such transition as the Secretaries consider ap20 propriate for purposes of the program. 

21 ‘‘(c) PARTICIPATION.—A spouse is eligible to partici22 pate in the program under this section during any period 

23 in which the spouse’s member is eligible to participate in 

24 the program of assistance and services required by section 

25 1144 of this title. 


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1 ‘‘(d) USE OF PERSONNEL AND ORGANIZATIONS.—In 

2 carrying out the program under this section, the Secre3 taries may use any of the authorities, personnel, organiza4 tions, and other resources available for the program of as5 sistance and services required by section 1144 of this title 

6 that the Secretaries consider appropriate for the effective 

7 operation of the program under this section.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of subchapter I of chapter 88 

10 of such title is amended by inserting after the item 

11 relating to section 1784a the following new item: 

‘‘1784b. Employment assistance, job training assistance, and other transitional 

assistance for military spouses: Department of Labor.’’. 

12 (3) EFFECTIVE DATE AND COMMENCEMENT OF

13 PROGRAM.—The amendments made by this sub14 section shall take effect on the date of the enactment 

15 of this Act. The Secretary of Labor shall commence 

16 the program required by section 1784b of title 10, 

17 United States Code (as added by such amendments), 

18 by such date, not later than one year after the date 

19 of the enactment of this Act, as the Secretary con20 siders practicable. 

21 (b) PARTICIPATION OF SPOUSES IN TAP FOR MEM22 BERS.—Section 1144 of title 10, United States Code, is 

23 amended— 


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1 (1) in subsection (a)(1), by striking ‘‘and the 

2 spouses of such members’’; 

3 (2) in subsection (c), by inserting ‘‘OF MEM4 BERS’’ after ‘‘PARTICIPATION’’; 

5 (3) by redesignating subsections (d) and (e) as 

6 subsections (e) and (f), respectively; and 

7 (4) by inserting after subsection (c) the fol8 lowing new subsection (d): 

9 ‘‘(d) PARTICIPATION OF SPOUSES.—The Secretaries 

10 shall permit the spouses of members participating in the 

11 program carried out under this section to participate in 

12 the receipt by such members of assistance and services 

13 provided under the program to the extent that the partici14 pation of such spouses in receipt of such assistance and 

15 services will assist such members and spouses in maxi16 mizing the benefits of the program carried out under this 

17 section.’’. 

18 SEC. 3056. PUBLIC-PRIVATE PARTNERSHIPS ON HEALTH, 

19 SAFETY, WELFARE, AND MORALE OF MILI20 TARY FAMILIES. 

21 (a) PLAN FOR INITIATIVE REQUIRED.—The Sec22 retary of Defense shall, acting through the Office of Com23 munity Relations of the Department of Defense, submit 

24 to Congress a report setting forth a proposal for one or 

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1 propriate non-Federal entities for public-private partner2 ships designed to support and enhance the health, safety, 

3 welfare, and morale of military families. The initiatives 

4 shall be designed to provide the military departments flexi5 bility in the commitment of resources to the partnerships 

6 according to the unique requirements of the military de7 partments and the Armed Forces. 

8 (b) INITIATIVE ELEMENTS.—In identifying appro9 priate elements for the initiatives described in subsection 

10 (a), the Secretary shall take into account the results of 

11 the following: 

12 (1) Two current studies by the Office of the 

13 Secretary of Defense on the health, safety, welfare, 

14 and morale of military families. 

15 (2) The public-private partnership initiative of 

16 the Department of Veterans Affairs on the health, 

17 safety, welfare, and morale of families of veterans. 

18 SEC. 3057. SMALL BUSINESS ACTIVITIES OF MILITARY 

19 SPOUSES ON MILITARY INSTALLATIONS. 

20 (a) ASSESSMENT OF SMALL BUSINESS ACTIVITY.— 

21 The Secretary of Defense shall submit to Congress a re22 port setting forth an assessment of the feasibility and ad23 visability of encouraging entrepreneurship among military 

24 spouses by permitting military spouses to engage in small 

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1 ship with commissaries, exchange stores, and other mo2 rale, welfare, and recreation facilities of the Armed 

3 Forces. 

4 (b) ELEMENTS.—The assessment shall— 

5 (1) take into account the usage by military 

6 spouses of installation facilities, utilities, and other 

7 resources in the conduct of small business activities 

8 on military installations and such other matters in 

9 connection with the conduct of such business activi10 ties by military spouses as the Secretary considers 

11 appropriate; and 

12 (2) seek to identify mechanisms to ensure that 

13 costs and fees associated with the usage by military 

14 spouses of such facilities, utilities, and other re15 sources in connection with such business activities 

16 does not meaningfully curtail or eliminate the oppor17 tunity for military spouses to profit reasonably from 

18 such business activities. 

19 SEC. 3058. REPORT ON ASSESSMENT OF FREQUENCY OF 

20 PERMANENT CHANGES OF STATION OF MEM21 BERS OF THE ARMED FORCES ON EMPLOY22 MENT AMONG MILITARY SPOUSES. 

23 (a) IN GENERAL.—The Secretary of Defense shall 

24 submit to Congress a report setting forth an assessment 

25 of the effects of the frequency of permanent changes of 


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1 station (PCS) of members of the Armed Forces on sta2 bility of employment among military spouses. 

3 (b) ELEMENTS.—The report under subsection (a) 

4 shall include the following: 

5 (1) An assessment of the effects of the fre6 quency of permanent changes of station of members 

7 of the Armed Forces on stability of employment 

8 among military spouses, including the contribution 

9 of frequent permanent changes of station to unem10 ployment or underemployment among military 

11 spouses. 

12 (2) An assessment of the effects of unemploy13 ment and underemployment among military spouses 

14 on force readiness. 

15 (3) Such recommendations as the Secretary 

16 considers appropriate regarding legislative or admin17 istration action to achieve force readiness and sta18 bilization through the minimization of the impacts of 

19 frequent permanent changes on stability of employ20 ment among military spouses. 

21 TITLE IV—HEALTH 

22 SEC. 4001. STUDY ON THE UNINSURED. 

23 (a) IN GENERAL.—The Secretary of Health and 

24 Human Services (in this section referred to as the ‘‘Sec25 retary’’) shall— 


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1 (1) conduct a study, in accordance with the 

2 standards under section 3101 of the Public Health 

3 Service Act (42 U.S.C. 300kk), on the demographic 

4 characteristics of the population of individuals who 

5 do not have health insurance coverage; 

6 (2) include in such study an analysis of the 

7 usage by such population of emergency room and ur8 gent care facilities; and 

9 (3) predict, based on such study, the demo10 graphic characteristics of the population of individ11 uals who would remain without health insurance cov12 erage after the end of open enrollment or any special 

13 enrollment period. 

14 (b) REPORTING REQUIREMENTS.— 

15 (1) IN GENERAL.—Not later than 12 months 

16 after the date of the enactment of this Act, the Sec17 retary shall submit to the Congress the results of 

18 the study under subsection (a) and the prediction 

19 made under subsection (a)(3). 

20 (2) REPORTING OF DEMOGRAPHIC CHARACTER21 ISTICS.—The Secretary shall report the demographic 

22 characteristics under paragraphs (1), (2), and (3) of 

23 subsection (a) on the basis of racial and ethnic 

24 group, and shall stratify the reporting on each racial 

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1 tics that can impact access to health insurance cov2 erage, such as sexual orientation, gender identity, 

3 primary language, disability status, sex, socio4 economic status, age group, and citizenship and im5 migration status. 

6 SEC. 4002. VOLUNTEER DENTAL PROJECTS AND ACTION 

7 FOR DENTAL HEALTH PROGRAM. 

8 Section 317M of the Public Health Service Act (42 

9 U.S.C. 247b–14) is amended— 

10 (1) by redesignating subsections (e) and (f) as 

11 (g) and (h), respectively; 

12 (2) by inserting after subsection (d), the fol13 lowing: 

14 ‘‘(e) GRANTS TO SUPPORT VOLUNTEER DENTAL

15 PROJECTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary, acting 

17 through the Director of the Centers for Disease 

18 Control and Prevention, may award grants to or 

19 enter into contracts with eligible entities to obtain 

20 portable or mobile dental equipment, and pay for ap21 propriate operational costs, for the provision of free 

22 dental services to underserved populations that are 

23 delivered in a manner consistent with State licensing 

24 laws. 


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1 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

2 term ‘eligible entity’ includes a State or local dental 

3 association, a State oral health program, a dental 

4 education, dental hygiene education, or postdoctoral 

5 dental education program accredited by the Commis6 sion on Dental Accreditation, and a community7 based organization that partners with an academic 

8 institution, that— 

9 ‘‘(A) is exempt from tax under section 

10 501(c) of the Internal Revenue Code of 1986; 

11 and 

12 ‘‘(B) offers a free dental services program 

13 for underserved populations. 

14 ‘‘(f) ACTION FOR DENTAL HEALTH PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Secretary, acting 

16 through the Director of the Centers for Disease 

17 Control and Prevention, may award grants to or 

18 enter into contracts with eligible entities to collabo19 rate with State, county, or local public officials and 

20 other stakeholders to develop and implement initia21 tives to accomplish any of the following goals: 

22 ‘‘(A) To improve oral health education and 

23 dental disease prevention, including community24 wide prevention programs, use of dental 


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1 sealants and fluoride varnish, and increasing 

2 oral health literacy. 

3 ‘‘(B) To make the health care delivery sys4 tem providing dental services more accessible 

5 and efficient through the development and ex6 pansion of outreach programs that will facili7 tate the establishment of dental homes for chil8 dren and adults, including the aged, blind, and 

9 disabled populations. 

10 ‘‘(C) To reduce geographic, language, cul11 tural, and similar barriers in the provision of 

12 dental services. 

13 ‘‘(D) To help reduce the use of emergency 

14 departments by those who seek dental services 

15 more appropriately delivered in a dental pri16 mary care setting. 

17 ‘‘(E) To facilitate the provision of dental 

18 care to nursing home residents who are dis19 proportionately affected by lack of care. 

20 ‘‘(2) ELIGIBLE ENTITY.—In this subsection, the 

21 term ‘eligible entity’ includes a State or local dental 

22 association, a State oral health program, or a dental 

23 education, dental hygiene, or postdoctoral dental 

24 education program accredited by the Commission on 

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1 nization that partners with an academic institution, 

2 that— 

3 ‘‘(A) is exempt from tax under section 

4 501(c) of the Internal Revenue Code of 1986; 

5 and 

6 ‘‘(B) partners with public and private 

7 stakeholders to facilitate the provision of dental 

8 services for underserved populations.’’; and 

9 (3) in subsection (h), as redesignated by para10 graph (1), by striking ‘‘fiscal years 2001 through 

11 2005’’ and inserting ‘‘fiscal years 2016 through 

12 2020’’. 

13 SEC. 4003. CRITICAL ACCESS HOSPITAL IMPROVEMENTS. 

14 (a) ELIMINATION OF ISOLATION TEST FOR COST15 BASED AMBULANCE REIMBURSEMENT.— 

16 (1) IN GENERAL.—Section 1834(l)(8) of the 

17 Social Security Act (42 U.S.C. 1395m(l)(8)) is 

18 amended— 

19 (A) in subparagraph (B)— 

20 (i) by striking ‘‘owned and’’; and 

21 (ii) by inserting ‘‘(including when 

22 such services are provided by the entity 

23 under an arrangement with the hospital)’’ 

24 after ‘‘hospital’’; and 


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1 (B) by striking the comma at the end of 

2 subparagraph (B) and all that follows and in3 serting a period. 

4 (2) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall apply to services furnished 

6 on or after January 1, 2019. 

7 (b) PROVISION OF A MORE FLEXIBLE ALTERNATIVE

8 TO THE CAH DESIGNATION 25 INPATIENT BED LIMIT

9 REQUIREMENT.— 

10 (1) IN GENERAL.—Section 1820(c)(2) of the 

11 Social Security Act (42 U.S.C. 1395i–4(c)(2)) is 

12 amended— 

13 (A) in subparagraph (B)(iii), by striking 

14 ‘‘provides not more than’’ and inserting ‘‘sub15 ject to subparagraph (F), provides not more 

16 than’’; and 

17 (B) by adding at the end the following new 

18 subparagraph: 

19 ‘‘(F) ALTERNATIVE TO 25 INPATIENT BED

20 LIMIT REQUIREMENT.— 

21 ‘‘(i) IN GENERAL.—A State may elect 

22 to treat a facility, with respect to the des23 ignation of the facility for a cost-reporting 

24 period, as satisfying the requirement of 

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1 imum number of acute care inpatient beds 

2 if the facility elects, in accordance with a 

3 method specified by the Secretary and be4 fore the beginning of the cost reporting pe5 riod, to meet the requirement under clause 

6 (ii). 

7 ‘‘(ii) ALTERNATE REQUIREMENT.— 

8 The requirement under this clause, with 

9 respect to a facility and a cost-reporting 

10 period, is that the total number of inpa11 tient bed days described in subparagraph 

12 (B)(iii) during such period will not exceed 

13 7,300. For purposes of this subparagraph, 

14 an individual who is an inpatient in a bed 

15 in the facility for a single day shall be 

16 counted as one inpatient bed day. 

17 ‘‘(iii) WITHDRAWAL OF ELECTION.— 

18 The option described in clause (i) shall not 

19 apply to a facility for a cost-reporting pe20 riod if the facility (for any two consecutive 

21 cost-reporting periods during the previous 

22 5 cost-reporting periods) was treated under 

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1 reporting periods that exceeded the num2 ber specified in such clause.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by paragraph (1) shall apply to cost-reporting peri5 ods beginning on or after the date of the enactment 

6 of this Act. 

7 SEC. 4004. COMMUNITY HEALTH CENTER COLLABORATIVE 

8 ACCESS EXPANSION. 

9 Section 330 of the Public Health Service Act (42 

10 U.S.C. 254b) is amended by adding at the end the fol11 lowing: 

12 ‘‘(s) MISCELLANEOUS PROVISIONS.— 

13 ‘‘(1) RULE OF CONSTRUCTION WITH RESPECT

14 TO RURAL HEALTH CLINICS.—Nothing in this sec15 tion shall be construed to prevent a community 

16 health center from contracting with a federally cer17 tified rural health clinic (as defined by section 

18 1861(aa)(2) of the Social Security Act) for the deliv19 ery of primary health care and other mental, dental, 

20 and physical health services that are available at the 

21 rural health clinic to individuals who would other22 wise be eligible for free or reduced cost care if that 

23 individual were able to obtain that care at the com24 munity health center. Such services may be limited 

25 in scope to those primary health care and other 


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1 mental, dental, and physical health services available 

2 in that rural health clinic. 

3 ‘‘(2) ENABLING SERVICES.—To the extent pos4 sible, enabling services such as transportation and 

5 translation assistance shall be provided by rural 

6 health clinics described in paragraph (1). 

7 ‘‘(3) ASSURANCES.—In order for a rural health 

8 clinic to receive funds under this section through a 

9 contract with a community health center for the de10 livery of primary health care and other services de11 scribed in paragraph (1), such rural health clinic 

12 shall establish policies to ensure— 

13 ‘‘(A) nondiscrimination based upon the 

14 ability of a patient to pay; 

15 ‘‘(B) the establishment of a sliding fee 

16 scale for low-income patients; and 

17 ‘‘(C) any such services should be subject to 

18 full reimbursement according to the Prospective 

19 Payment System scale.’’. 

20 SEC. 4005. IMPROVING OPPORTUNITY DIAPER DISTRIBU21 TION DEMONSTRATION PROJECT. 

22 Part P of title III of the Public Health Service Act 

23 (42 U.S.C. 280g et seq.) is amended by adding at the end 

24 the following: 


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1 ‘‘SEC. 399V–7. DIAPER DISTRIBUTION DEMONSTRATION 

2 PROJECT. 

3 ‘‘(a) IN GENERAL.—The Secretary, acting through 

4 the Administration for Children and Families, shall make 

5 grants to eligible entities to conduct demonstration 

6 projects that implement and evaluate strategies to help 

7 families with eligible children to address the diapering 

8 needs of such children. 

9 ‘‘(b) USE OF FUNDS.—Amounts provided through a 

10 grant under this section shall be used to— 

11 ‘‘(1) fund diaper distribution demonstration 

12 projects that will reduce the substantial cost of dia13 pers and diapering supplies by making diapers and 

14 diapering supplies available to low-income families; 

15 ‘‘(2) evaluate the effects of such demonstration 

16 projects on mitigating health risks, including diaper 

17 dermatitis, urinary tract infections, and increased 

18 rates of parental and child depression and anxiety, 

19 that can arise when low-income families do not have 

20 an adequate supply of diapers for infants and tod21 dlers; and 

22 ‘‘(3) integrate the diaper distribution dem23 onstration projects with other assistance programs 

24 serving families with eligible children. 

25 ‘‘(c) APPLICATION.—An entity desiring a grant under 

26 this section shall submit to the Secretary an application 


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1 that includes such information as the Secretary may re2 quire to ensure a likelihood of success in achieving the 

3 purposes of the grant listed in subsection (b). 

4 ‘‘(d) ELIGIBLE ENTITIES.—To be eligible to receive 

5 a grant under this section, an entity shall be— 

6 ‘‘(1) a State or local governmental entity; 

7 ‘‘(2) an Indian tribe or tribal organization (as 

8 defined in section 4 of the Indian Self-Determination 

9 and Education Assistance Act); or 

10 ‘‘(3) a nonprofit organization as described in 

11 section 501(c)(3) of the Internal Revenue Code of 

12 1986 and exempt from taxation under section 

13 501(a) of such Code. 

14 ‘‘(e) NO EFFECT ON OTHER PROGRAMS.—Any as15 sistance or benefits provided to a family pursuant to a 

16 grant under this section shall be disregarded for purposes 

17 of determining the family’s eligibility for, or amount of, 

18 benefits under— 

19 ‘‘(1) any other Federal need-based program; or 

20 ‘‘(2) in the case of a grant under this section 

21 to a State, any State-funded, need-based program 

22 that is financed in whole or in part with Federal 

23 funds. 

24 ‘‘(f) REPORTS.—As a condition of receiving a grant 

25 under this section for a fiscal year, an entity shall submit 


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1 to the Secretary, not later than 6 months after the end 

2 of the fiscal year, a report that specifies— 

3 ‘‘(1) the number of children and the number of 

4 families receiving assistance under the diaper dis5 tribution demonstration projects funded through 

6 such grant for each month of the fiscal year; 

7 ‘‘(2) the number of diapers, and the number of 

8 each type of diapering supply distributed through 

9 such projects for each month of the fiscal year; 

10 ‘‘(3) the method or methods the entity uses to 

11 distribute diapers and diapering supplies through 

12 such projects; and 

13 ‘‘(4) such other information as the Secretary 

14 may require. 

15 ‘‘(g) EVALUATION.—The Secretary, in consultation 

16 with each entity that receives a grant under this section, 

17 shall— 

18 ‘‘(1) not later than September 30, 2019— 

19 ‘‘(A) complete an evaluation of the effec20 tiveness of the diaper distribution demonstra21 tion projects carried out pursuant to this sec22 tion; 

23 ‘‘(B) submit to the relevant congressional 

24 committees a report on the results of such eval25 uation; and 


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1 ‘‘(C) publish the results of the evaluation 

2 on the Internet Web site of the Department of 

3 Health and Human Services; and 

4 ‘‘(2)(A) not later than September 30, 2022, up5 date the evaluation described in paragraph (1)(A); 

6 and 

7 ‘‘(B) not later than 90 days after completion of 

8 the updated evaluation under subparagraph (B)— 

9 ‘‘(i) submit to the relevant congressional 

10 committees a report describing the results of 

11 such evaluation; and 

12 ‘‘(ii) update the Web site described in 

13 paragraph (1)(C) to include the results of such 

14 evaluation. 

15 ‘‘(h) DEFINITIONS.—In this section: 

16 ‘‘(1) The term ‘diaper’ means an absorbent gar17 ment that is washable or disposable that is worn by 

18 a child who is not toilet-trained. 

19 ‘‘(2) The term ‘diapering supplies’ means items, 

20 including diaper wipes and diaper cream, necessary 

21 to ensure that a child using a diaper is properly 

22 cleaned and protected from diaper rash. 

23 ‘‘(3) The term ‘eligible child’ means a child 

24 who— 

25 ‘‘(A) is not toilet-trained; 


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1 ‘‘(B) has not attained 4 years of age, un2 less the entity determines that the child has a 

3 substantial physical or mental impairment that 

4 requires the child to wear diapers; and 

5 ‘‘(C) is a member of a family whose income 

6 is not more than 130 percent of the poverty line 

7 (as defined by the Office of Management and 

8 Budget, and revised annually in accordance 

9 with section 673(2) of the Omnibus Budget 

10 Reconciliation Act of 1981) applicable to a fam11 ily of the size involved. 

12 ‘‘(4) The term ‘toilet-trained’ means able and 

13 willing to use a toilet consistently such that diapers 

14 are not necessary on a daily basis. 

15 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— 

16 ‘‘(1) IN GENERAL.—To carry out this section, 

17 there is authorized to be appropriated for each of 

18 fiscal years 2018 through 2022, $25,000,000. 

19 ‘‘(2) AVAILABILITY OF FUNDS.—Funds pro20 vided to an entity under this section for a fiscal year 

21 may be expended only in the fiscal year or the suc22 ceeding fiscal year.’’. 

23 SEC. 4006. FINDINGS. 

24 Congress finds the following: 


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1 (1) Environmental injustice exists whenever 

2 governmental action or inaction causes environ3 mental risks or harms to fall unfairly and dispropor4 tionately upon a particular group or community. 

5 (2) Racial minority, low-income, rural, indige6 nous, and other often-marginalized communities are 

7 especially likely to face environmental injustice. 

8 (3) Limited resources and lack of political 

9 power ensure that marginalized communities host 

10 pollution-producing or potentially toxic facilities, in11 cluding power plants, pipelines, industrial sites, gar12 bage transfer stations, incinerators, landfills, and 

13 sewage treatment plants, at disproportionate rates. 

14 (4) Marginalized communities suffer from sys15 temic governmental failures to adequately invest in 

16 the kind of infrastructure and services that reduce 

17 the risk of environmental accidents or disasters, and 

18 that facilitate swift, effective responses to such oc19 currences. 

20 (5) The presence of pollution-producing sites 

21 can compromise public health, safety, property val22 ues, and quality of life even if no accident or dis23 aster occurs. 

24 (6) Air and water quality are often especially 

25 poor in marginalized communities, and governmental 


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1 permitting and investment decisions directly con2 tribute to this inequity. 

3 (7) Scientific evidence increasingly links poor 

4 environmental quality with disabilities and chronic 

5 illnesses, including cancer, asthma, neurobehavioral 

6 disorders, learning disabilities, and abnormal hor7 mone functioning. 

8 (8) Environmental justice exists when public 

9 policies successfully prevent or correct unfair dis10 parities in environmental quality, and resultant dis11 parities in public health and quality of life. 

12 (9) Environmental justice is possible only if vul13 nerable groups and marginalized communities can 

14 express their needs and concerns, and only then if 

15 policymakers listen. 

16 (10) The environmental justice movement seeks 

17 to address the unjust social, economic, and political 

18 marginalization of minority, low-income, rural, and 

19 indigenous communities. 

20 (11) Environmental justice advocates seek 

21 healthy home, work, and recreational environments 

22 for all human beings, and healthy habitats for non23 human life. 

24 (12) Community health depends in part upon 

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1 borhoods, and other public goods that marginalized 

2 communities are often denied. 

3 (13) Environmental justice requires responsible 

4 and balanced use of land and resources, in a way 

5 that does not unfairly burden marginalized commu6 nities. 

7 (14) Environmental justice can only be achieved 

8 and sustained in the context of a greener economy. 

9 (15) ‘‘Greening’’ the economy requires concrete 

10 governmental actions, including investments in clean 

11 technologies; in sustainable, low-carbon transpor12 tation and energy production systems; and in work13 force training initiatives that prepare citizens for 

14 well-paying jobs in new or evolving industries. 

15 (16) Environmental justice requires fair proc16 esses and a good-faith approach to public policy, in17 cluding regulatory decision making. 

18 (17) In the 1990s, in response to the environ19 mental justice movement, Federal agencies were di20 rected to incorporate environmental justice goals 

21 into their programs and activities. 

22 (18) Vulnerable populations and marginalized 

23 communities continue urgently to need fairer envi24 ronmental policies, and more inclusive and equitable 

25 processes. 


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1 (19) All Americans would be better served by a 

2 policymaking process that did not unfairly prioritize 

3 the comfort and health of some groups or commu4 nities at the expense of others. 

5 (20) Clean air, clean water, resource conserva6 tion, and other policy goals that spurred lawmakers 

7 to enact existing environmental and public health 

8 protections are vitally important. 

9 (21) The need for adequate environmental and 

10 public health protections is inextricably linked with 

11 the need for a more sustainable economy and 

12 greener, more livable communities. 

13 (22) Environmental and public health policies 

14 should adequately and equally protect all Americans, 

15 and that equal protection is possible only in a con16 text of environmental justice. 

17 (23) Environmental justice advocates are com18 mendable for their continuing struggle to achieve 

19 fairer, healthier, more sustainable policies and out20 comes. 

21 (24) There is a prevalence of environmental in22 justices that directly affect the health and well-being 

23 of individuals and communities across the country, 

24 especially racial minority, rural, indigenous, and low25 income communities. 


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1 (25) Congress should commit to ameliorating 

2 existing environmental injustices, and to preventing 

3 future injustices, by supporting greater objectivity, 

4 transparency, and outreach in policymaking at all 

5 levels of government; by supporting improved two6 way communication between policymakers and those 

7 affected by their decisions; and by supporting proc8 esses that ensure policymakers give due consider9 ation not just to the effects of their decisions, but 

10 to how those effects are distributed and by whom 

11 they are borne. 

12 SEC. 4007. FINDINGS. 

13 Congress finds the following: 

14 (1) Endometrial cancer is cancer of the lining 

15 of the uterus (or endometrium) and is the most com16 mon form of uterine cancer. 

17 (2) Endometrial cancer is the fourth most com18 mon cancer diagnosed in women, after breast, lung, 

19 and colon cancer. 

20 (3) Endometrial cancer mainly affects post21 menopausal women, with most women diagnosed be22 tween age 55 and 64. 

23 (4) Women with polycystic ovary syndrome 

24 (PCOS) have an increased risk of developing 

25 endometrial cancer. 


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1 (5) Unlike most other types of cancer, the inci2 dence of endometrial cancer, particularly aggressive 

3 subtypes of such cancer, has been increasing in the 

4 United States among all women, particularly among 

5 African-American and Asian women, with a 2.5 an6 nual percent change for both groups. 

7 (6) In comparison to non-Hispanic White 

8 women, African-American women have significantly 

9 higher incidence rates of aggressive endometrial can10 cers. 

11 (7) Such incidence rates for Hispanic and Asian 

12 women are equal to or lower than such incidence 

13 rates for non-Hispanic White women. 

14 (8) Although non-Hispanic White women are 

15 more likely to be diagnosed with endometrial cancer 

16 in comparison to African-American women, the rate 

17 of mortality is higher for African-American women. 

18 (9) Currently, the cause of such disparity is un19 known. Researchers have studied the disparity in re20 lation to the time between diagnosis and treatment 

21 of endometrial cancer, including socioeconomic fac22 tors. 


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1 SEC. 4008. EXPANDING RESEARCH AND EDUCATION WITH 

2 RESPECT TO ENDOMETRIAL CANCER. 

3 (a) NATIONAL INSTITUTES OF HEALTH.—Part B of 

4 title IV of the Public Health Service Act (42 U.S.C. 284 

5 et seq.) is amended by adding at the end the following 

6 new section: 

7 ‘‘SEC. 409K. ENDOMETRIAL CANCER. 

8 ‘‘(a) IN GENERAL.—The Director of NIH shall— 

9 ‘‘(1) expand, intensify, and coordinate programs 

10 to conduct and support research with respect to 

11 endometrial cancer; and 

12 ‘‘(2) communicate to medical professionals and 

13 researchers, including through the endometrial can14 cer public education program established under sec15 tion 399V–7, the disparity in the diagnosis of 

16 endometrial cancer between African-American 

17 women and non-Hispanic White women and any new 

18 research relating to endometrial cancer. 

19 ‘‘(b) COORDINATION WITH OTHER INSTITUTES.— 

20 The Director of NIH shall coordinate activities carried out 

21 by the Director pursuant to subsection (a) with similar 

22 activities carried out by— 

23 ‘‘(1) the Director of the Eunice Kennedy Shriv24 er National Institute of Child Health and Human 

25 Development; 


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1 ‘‘(2) the Director of the National Institute on 

2 Minority Health and Health Disparities; and 

3 ‘‘(3) the Director of the Office of Research on 

4 Women’s Health. 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For 

6 purposes of carrying out this section, there is authorized 

7 to be appropriated $500,000 for each of fiscal years 2019 

8 through 2021.’’. 

9 (b) CENTERS FOR DISEASE CONTROL AND PREVEN10 TION.—Part P of title III of the Public Health Service 

11 Act (42 U.S.C. 280g et seq.) is amended by adding at 

12 the end the following new section: 

13 ‘‘SEC. 399V–7. ENDOMETRIAL CANCER PUBLIC EDUCATION 

14 PROGRAM. 

15 ‘‘(a) IN GENERAL.—The Secretary, acting through 

16 the Director of the Centers for Disease Control and Pre17 vention, shall develop and disseminate to the public infor18 mational materials on endometrial cancer, including the 

19 incidence rate of such cancer, the risk factors for devel20 oping such cancer, the increased risk for ethnic minority 

21 women to develop such cancer, and the range of available 

22 treatments for such cancer. Any informational material 

23 developed pursuant to the previous sentence may be trans24 mitted to a nonprofit organization; institution of higher 


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1 education; Federal, State, or local agency; or media entity 

2 for purposes of disseminating such material to the public. 

3 ‘‘(b) CONSULTATION.—In developing and dissemi4 nating informational materials under subsection (a), the 

5 Director of the Centers for Disease Control and Preven6 tion shall consult with the Administrator of the Health 

7 Resources and Services Administration. 

8 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For 

9 purposes of carrying out this section, there is authorized 

10 to be appropriated such sums as may be necessary for 

11 each of fiscal years 2019 through 2021.’’. 

12 TITLE V—SMALL BUSINESS 

13 SEC. 5001. DIRECT LOANS TO SMALL BUSINESS CONCERNS. 

14 (a) IN GENERAL.—From amounts appropriated pur15 suant to subsection (e), the Administrator of the Small 

16 Business Administration shall establish a program to 

17 make direct loans to small business concerns (as defined 

18 under section 3 of the Small Business Act (15 U.S.C. 

19 632)). 

20 (b) AMOUNT.—Loans made under this section shall 

21 be in an amount not greater than the lesser of— 

22 (1) 5 percent of the annual revenue of the small 

23 business concern requesting the loan; or 

24 (2) $250,000. 


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1 (c) INTEREST RATE.—The interest rate on a loan 

2 made under this section shall be equal to the discount win3 dow primary credit interest rate most recently published 

4 on the Federal Reserve Statistical Release on selected in5 terest rates (daily or weekly), commonly referred to as the 

6 H.15 release. 

7 (d) REPORT.—The Administrator of the Small Busi8 ness Administration shall submit a report to Congress on 

9 the implementation and results of the program established 

10 under this section. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated $25,000,000 for each 

13 of fiscal years 2018 to 2022. 

14 SEC. 5002. PILOT PROGRAM TO FUND LOCAL INCUBATORS. 

15 (a) ESTABLISHMENT.—The Secretary of Commerce 

16 shall establish a competitive program to make grants to 

17 States and political subdivisions of States to partner with 

18 local incubators in order to provide start-ups with work19 space and other resources for use in developing their busi20 nesses. 

21 (b) ELIGIBILITY.—The Secretary may only award a 

22 grant under this section to a State or political subdivision 

23 of a State that submits an application at such time, in 

24 such form, and with such information and assurances as 

25 the Secretary may require, including an identification of 


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1 one or more incubators with which the State or political 

2 subdivision will partner in implementing the grant. 

3 (c) LIMITATIONS.— 

4 (1) ONE GRANT PER STATE OR POLITICAL SUB5 DIVISION.—A State or political subdivision of a 

6 State may not receive more than one grant under 

7 this section. For purposes of the preceding sentence, 

8 a grant received by a State shall not be considered 

9 to be received by a political subdivision of the State, 

10 and a grant received by a political subdivision of a 

11 State shall not be considered to be received by the 

12 State. 

13 (2) AMOUNT OF GRANT.—A grant awarded 

14 under this section may not exceed $500,000. 

15 (d) USE OF FUNDS.— 

16 (1) IN GENERAL.—A State or political subdivi17 sion of a State that receives a grant under this sec18 tion shall use grant funds to partner with one or 

19 more incubators located within the territory of such 

20 State or political subdivision in order to provide 

21 start-ups with workspace and other resources for use 

22 in developing their businesses. The partnership may 

23 take such form as the Secretary considers appro24 priate, including one or more subgrants from the 


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1 State or political subdivision to the incubator or in2 cubators. 

3 (2) SPECIFIC EXPENSES INCLUDED.—Grant 

4 funds may be used for any expense incurred in order 

5 to provide start-ups with workspace and other re6 sources for use in developing their businesses, in7 cluding— 

8 (A) purchase or rental of land; 

9 (B) modification of buildings; 

10 (C) charges for utility services or broad11 band service; 

12 (D) fees of consultants for the provision of 

13 technical or professional assistance; 

14 (E) costs of promoting the incubator or in15 cubators; and 

16 (F) any other such expense that the Sec17 retary considers appropriate. 

18 (e) MATCHING REQUIREMENT.—A State or political 

19 subdivision of a State may not partner with an incubator 

20 (or group of incubators) in implementing a grant under 

21 this section unless the incubator (or group of incubators) 

22 agrees that, with respect to the expenses to be incurred 

23 in carrying out activities within the scope of the partner24 ship, the incubator (or group of incubators) will make 

25 available from private funds contributions in an amount 


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1 equal to not less than 50 percent of the amount made 

2 available by the State or political subdivision from grant 

3 funds under this section. 

4 (f) REPORT TO CONGRESS.—Not later than 180 days 

5 after the end of fiscal year 2021, the Secretary shall sub6 mit to Congress a report on the results achieved by the 

7 grant program established under this section. Such report 

8 shall include recommendations of the Secretary with re9 spect to extending, expanding, or improving the program. 

10 (g) DEFINITIONS.—In this section: 

11 (1) INCUBATOR.—The term ‘‘incubator’’ means 

12 a private-sector entity that— 

13 (A) provides start-ups with workspace and 

14 other resources (such as utilities, broadband 

15 service, and technical or professional assistance) 

16 for use in developing their businesses; and 

17 (B) may charge start-ups a reasonable fee 

18 for such resources. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Commerce. 

21 (3) START-UP.—The term ‘‘start-up’’ means 

22 any business entity (including an individual oper23 ating an unincorporated business) that, as of the 

24 time the entity receives resources from an incu25 bator— 


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1 (A) has been in operation for not more 

2 than 5 years; 

3 (B) has not more than 5 employees; and 

4 (C) for the most recently completed fiscal 

5 year of the entity (if any) and any preceding 

6 fiscal year, has annual gross revenues of less 

7 than $150,000. 

8 (4) STATE.—The term ‘‘State’’ means each of 

9 the several States, the District of Columbia, each 

10 commonwealth, territory, or possession of the United 

11 States, and each federally recognized Indian tribe. 

12 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary to carry 

14 out this section $5,000,000, of which not more than 5 per15 cent shall be available for the costs of administering the 

16 grant program established under this section, for each of 

17 the fiscal years 2018 through 2022. 

18 SEC. 5003. FUNDING FOR ORGANIZATIONS THAT SUPPORT 

19 STARTUP BUSINESSES. 

20 (a) FINDINGS.—Congress finds that— 

21 (1) startups face common challenges as they 

22 seek to transform their ideas into successful, high23 growth businesses; 

24 (2) incubators and accelerators are new models 

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1 preneurial individuals and teams to create viable 

2 business ventures and social initiatives; 

3 (3) startups have contributed greatly to the 

4 United States economy, with research showing that 

5 between 1982 and 2011, businesses 5 years or 

6 younger were responsible for nearly every net new 

7 job created; 

8 (4) incubators and accelerators support prom9 ising startups through partnerships, mentoring, and 

10 resources connecting them with seasoned entre11 preneurs; 

12 (5) the goal of an incubator or an accelerator 

13 is to help create and grow young businesses by pro14 viding them with necessary financial, technical, and 

15 industry support and financial and technical serv16 ices; and 

17 (6) startups offer unique opportunities for 

18 growth and development for women, minority, and 

19 veterans to become successful entrepreneurs and 

20 leaders in new and developed fields. 

21 (b) FUNDING FOR ORGANIZATIONS THAT SUPPORT

22 STARTUP BUSINESSES.—The Small Business Act (15 

23 U.S.C. 631 et seq.) is amended— 

24 (1) by redesignating section 47 (15 U.S.C. 631 

25 note) as section 48; and 


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1 (2) by inserting after section 46 the following: 

2 ‘‘SEC. 47. FUNDING FOR ORGANIZATIONS THAT SUPPORT 

3 STARTUP BUSINESSES. 

4 ‘‘(a) DEFINITIONS.—In this section— 

5 ‘‘(1) the term ‘accelerator’ means an organiza6 tion that— 

7 ‘‘(A) frequently provides, but is not exclu8 sively designed to provide, seed investment in 

9 exchange for a small amount of equity; 

10 ‘‘(B) works with a startup for a predeter11 mined amount of time; 

12 ‘‘(C) provides mentorship and instruction 

13 to scale businesses; or 

14 ‘‘(D) offers startup capital or the oppor15 tunity to raise capital from outside investors; 

16 ‘‘(2) the term ‘eligible entity’ means an organi17 zation— 

18 ‘‘(A) that is located in the United States; 

19 ‘‘(B) the primary purpose of which is to 

20 support new small business concerns; and 

21 ‘‘(C) that is often classified as an accel22 erator; 

23 ‘‘(3) the term ‘new small business concern’ 

24 means a small business concern that has been in op25 eration for not more than 5 years; 


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1 ‘‘(4) the term ‘small business concern owned 

2 and controlled by socially and economically disadvan3 taged individuals’ has the meaning given the term in 

4 section 8(d)(3)(C); and 

5 ‘‘(5) the term ‘State’ means any State of the 

6 United States, the District of Columbia, the Com7 monwealth of Puerto Rico, and any territory or pos8 session of the United States. 

9 ‘‘(b) FUNDING.— 

10 ‘‘(1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this section, the Adminis12 trator shall develop and begin implementing a pro13 gram to award cash prizes or grants of not more 

14 than $50,000 to eligible entities to support new 

15 small business concerns. 

16 ‘‘(2) USE OF FUNDS.—A prize or grant under 

17 this section— 

18 ‘‘(A) may be used for construction costs, 

19 space acquisition, and programmatic purposes; 

20 and 

21 ‘‘(B) may not be used to provide capital or 

22 professional services to new small business con23 cerns directly or through the subaward of 

24 funds. 


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1 ‘‘(3) DISBURSAL OF FUNDS.—In disbursing 

2 funds under this section, the Administrator may use 

3 incremental or scheduled payments. 

4 ‘‘(c) APPLICATION.— 

5 ‘‘(1) IN GENERAL.—An eligible entity desiring a 

6 prize or grant under this section shall demonstrate 

7 that the eligible entity will use the prize or grant to 

8 provide assistance to not less than 10 new small 

9 business concerns per year. 

10 ‘‘(2) REQUIREMENTS.—In soliciting applica11 tions and awarding prizes or grants to eligible enti12 ties under this section, the Administrator shall em13 ploy a streamlined and inclusive approach that— 

14 ‘‘(A) widely publicizes funding opportuni15 ties to a broad audience; 

16 ‘‘(B) utilizes an easily accessible submis17 sion process or platform; 

18 ‘‘(C) does not mandate the use of forms, 

19 detailed budgets, supporting documentation, or 

20 written submissions or impose other burden21 some requirements; 

22 ‘‘(D) focuses on solution-based approaches 

23 and results-based outcomes; 

24 ‘‘(E) encourages innovation; and 


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1 ‘‘(F) allows proposals or pitches to be pre2 sented using various formats or media. 

3 ‘‘(d) CRITERIA.—The Administrator shall establish 

4 criteria for a prize or grant under this section that shall 

5 give priority to eligible entities that are providing or plan 

6 to provide to new small business concerns— 

7 ‘‘(1) office, manufacturing, or warehouse space, 

8 including appropriate operations infrastructure; 

9 ‘‘(2) access to capital either directly from the 

10 eligible entity (using amounts other than the 

11 amounts provided under the prize or grant) or 

12 through guidance and contacts for acquiring capital 

13 from outside investors; 

14 ‘‘(3) access to professional services either di15 rectly from the eligible entity (using amounts other 

16 than the amounts provided under the prize or grant) 

17 or through guidance and contacts for acquiring pro18 fessional services, including accounting and legal 

19 services; or 

20 ‘‘(4) a formal structured mentorship or develop21 mental program that assists new small business con22 cerns with building business skills and competencies. 

23 ‘‘(e) CONSIDERATIONS IN CHOOSING RECIPIENTS.— 

24 In determining whether to award a prize or grant under 


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1 this section to an eligible entity, the Administrator shall 

2 take into account— 

3 ‘‘(1) for eligible entities that have in operation 

4 a program to support new small business concerns, 

5 the record of the eligible entity in assisting new 

6 small business concerns, including, for each of the 3 

7 full years before the date on which the eligible entity 

8 applies for a prize or grant under this section— 

9 ‘‘(A) the retention rate of new small busi10 ness concerns in the program of the eligible en11 tity; 

12 ‘‘(B) the average period of participation by 

13 new small business concerns in the program of 

14 the eligible entity; 

15 ‘‘(C) the total, average, and median capital 

16 raised by new small business concerns partici17 pating in the program of the eligible entity; and 

18 ‘‘(D) the total, average, and median num19 ber of employees of new small business concerns 

20 participating in the program of the eligible enti21 ty; 

22 ‘‘(2) for all eligible entities— 

23 ‘‘(A) the number of new small business 

24 concerns assisted or anticipated to be assisted 

25 by the eligible entity; 


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1 ‘‘(B) the number of new small business 

2 concerns applying or anticipated to apply for 

3 assistance from the eligible entity; 

4 ‘‘(C) whether the program of the eligible 

5 entity provides or would provide assistance to 

6 individuals in gender, racial, or ethnic groups 

7 underrepresented by existing programs to assist 

8 new small business concerns; and 

9 ‘‘(D) other metrics determined appropriate 

10 by the Administrator; 

11 ‘‘(3) the need in the geographic area to be 

12 served by the program to be carried out using the 

13 prize or grant for additional assistance for new small 

14 business concerns, if the area has sufficient popu15 lation density, as determined by the Administrator; 

16 ‘‘(4) the level of experience of the entrepre17 neurial leadership of the eligible entity; 

18 ‘‘(5) the ability of the eligible entity to use and 

19 leverage local strengths, including human resources, 

20 infrastructure, and educational institutions; and 

21 ‘‘(6) the desire to promote diversity in entrepre22 neurship by ensuring that not less than 50 percent 

23 of prizes or grants shall be awarded annually to— 

24 ‘‘(A) accelerators located in geographically 

25 underserved areas; or 


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1 ‘‘(B) accelerators serving— 

2 ‘‘(i) Native Americans; 

3 ‘‘(ii) small business concerns owned 

4 and controlled by socially and economically 

5 disadvantaged individuals; 

6 ‘‘(iii) individuals participating in the 

7 Transition Assistance Program of the De8 partment of Defense; 

9 ‘‘(iv) individuals who— 

10 ‘‘(I) served on active duty in any 

11 branch of the Armed Forces, includ12 ing the National Guard and Reserves; 

13 and 

14 ‘‘(II) were discharged or released 

15 from such service under conditions 

16 other than dishonorable; 

17 ‘‘(v) individuals with disabilities; 

18 ‘‘(vi) women; and 

19 ‘‘(vii) formerly incarcerated individ20 uals. 

21 ‘‘(f) MATCHING NONPUBLIC FUNDING REQUIRE22 MENT.— 

23 ‘‘(1) IN GENERAL.—An eligible entity receiving 

24 a prize or grant under this section shall obtain funds 


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1 from a private individual or entity (including a for2 profit or nonprofit entity) that are— 

3 ‘‘(A) for the same purposes as a prize or 

4 grant may be made under this section; 

5 ‘‘(B) used to carry out the program of the 

6 eligible entity carried out using the prize or 

7 grant under this section; and 

8 ‘‘(C) in an amount that is not to be less 

9 than 50 percent of the amount of the prize or 

10 grant under this section. 

11 ‘‘(2) FORM OF NON-FEDERAL SHARE.—Not 

12 more than 25 percent of the funds obtained under 

13 paragraph (1) may be in the form of in-kind con14 tributions. 

15 ‘‘(g) CONSEQUENCES OF FAILURE TO ABIDE BY

16 TERMS AND CONDITIONS OF PRIZE OR GRANT REQUIRE17 MENTS OF THIS SECTION.—The Administrator shall no18 tify each eligible entity receiving a prize or grant under 

19 this section that failure to abide by the terms and condi20 tions of the prize or grant or the requirements of this sec21 tion may, in the discretion of the Administrator and in 

22 addition to any other civil or criminal consequences, result 

23 in the Administrator withholding payments or ordering 

24 the eligible entity to return the prize or grant funds. 


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1 ‘‘(h) ANNUAL PROGRESS REPORTING BY RECIPIENTS

2 OF PRIZE OR GRANT.—Each eligible entity receiving a 

3 prize or grant under this section shall submit to the Ad4 ministrator an annual report on the progress of the pro5 gram carried out using the amounts received under the 

6 prize or grant, including— 

7 ‘‘(1) the number of new small business concerns 

8 participating in the program during each of the pre9 vious 3 years; 

10 ‘‘(2) the number of new small business concerns 

11 applying to participate in the program during each 

12 of the previous 3 years; 

13 ‘‘(3) the retention rate of new small business 

14 concerns in the program; 

15 ‘‘(4) the average period of participation in the 

16 program by new small business concerns; 

17 ‘‘(5) the total, average, and median capital 

18 raised by new small business concerns participating 

19 in the program; 

20 ‘‘(6) the total, average, and median number of 

21 employees of new small business concerns partici22 pating in the program; 

23 ‘‘(7) the number of new small business concerns 

24 owned and controlled by— 

25 ‘‘(A) Native Americans; 


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1 ‘‘(B) socially and economically disadvan2 taged individuals; 

3 ‘‘(C) individuals participating in the Tran4 sition Assistance Program of the Department of 

5 Defense; 

6 ‘‘(D) individuals who— 

7 ‘‘(i) served on active duty in any 

8 branch of the Armed Forces, including the 

9 National Guard and Reserves; and 

10 ‘‘(ii) were discharged or released from 

11 such service under conditions other than 

12 dishonorable; 

13 ‘‘(E) women; and 

14 ‘‘(F) formerly incarcerated individuals; and 

15 ‘‘(8) other metrics determined appropriate by 

16 the Administrator. 

17 ‘‘(i) REPORT TO CONGRESS.—The Administrator 

18 shall submit to Congress an annual report on the program 

19 under this section, which shall include an assessment of 

20 the effectiveness of the program, including an assessment 

21 based on the metrics listed in subsection (h). 

22 ‘‘(j) COORDINATION WITH OTHER SMALL BUSINESS

23 ADMINISTRATION PROGRAMS.—The Administrator shall 

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1 corporate other programs of the Administration, such as 

2 small business development centers, small business invest3 ment companies, loans under section 7(a), and assistance 

4 under title V of the Small Business Investment Act of 

5 1958 (15 U.S.C. 695 et seq.). 

6 ‘‘(k) COORDINATION WITH THE DEPARTMENT OF

7 VETERANS AFFAIRS.—In consultation with the Secretary 

8 of Veteran Affairs, the Administrator shall make available 

9 outreach materials regarding the opportunities for vet10 erans within the program under this section for distribu11 tion and display at local facilities of the Department of 

12 Veterans Affairs. 

13 ‘‘(l) LISTING ON WEBSITE.—The Administrator shall 

14 include a list of eligible entities receiving a prize or grant 

15 under this section on the website of the Administration. 

16 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this section 

18 $6,000,000 for each of the first 5 fiscal years beginning 

19 after the date of enactment of this section.’’. 

20 SEC. 5004. EXPANDING BROADCAST OWNERSHIP OPPORTU21 NITIES. 

22 (a) FCC REPORTS TO CONGRESS.— 

23 (1) BIENNIAL REPORT CONTAINING REC24 OMMENDATIONS FOR INCREASING NUMBER OF

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1 TIONS.—Not later than 180 days after the date of 

2 the enactment of this Act, and not less frequently 

3 than every 2 years thereafter, the Commission shall 

4 submit to Congress a report containing rec5 ommendations for how to increase the total number 

6 of broadcast stations that are owned or controlled by 

7 members of minority groups or women, or by both 

8 members of minority groups and women. 

9 (2) BIENNIAL REPORT ON NUMBER OF

10 MINORITY- AND WOMEN-OWNED BROADCAST STA11 TIONS.—Not later than 180 days after the date of 

12 the enactment of this Act, and not less frequently 

13 than every 2 years thereafter, the Commission shall 

14 submit to Congress a report that states the total 

15 number of broadcast stations that are owned or con16 trolled by members of minority groups or women, or 

17 by both members of minority groups and women, 

18 based on data reported to the Commission on Form 

19 323. 

20 (b) TAX CERTIFICATE PROGRAM FOR BROADCAST

21 STATION TRANSACTIONS FURTHERING OWNERSHIP BY

22 SOCIALLY AND ECONOMICALLY DISADVANTAGED INDI23 VIDUALS.— 

24 (1) REQUIREMENTS FOR ISSUANCE OF CERTIFI25 CATE BY FCC.— 


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1 (A) IN GENERAL.—Part I of title III of the 

2 Communications Act of 1934 (47 U.S.C. 301 et 

3 seq.) is amended by adding at the end the fol4 lowing: 

5 ‘‘SEC. 344. TAX CERTIFICATE PROGRAM FOR BROADCAST 

6 STATION TRANSACTIONS FURTHERING OWN7 ERSHIP BY SOCIALLY AND ECONOMICALLY 

8 DISADVANTAGED INDIVIDUALS. 

9 ‘‘(a) ISSUANCE OF CERTIFICATE BY COMMISSION.— 

10 Upon application by a person who engages in a sale of 

11 an interest in a broadcast station described in subsection 

12 (b), subject to the rules adopted by the Commission under 

13 subsection (c), the Commission shall issue to such person 

14 a certificate stating that such sale meets the requirements 

15 of this section. 

16 ‘‘(b) SALES DESCRIBED.—The sales described in this 

17 subsection are the following: 

18 ‘‘(1) SALE RESULTING IN OWNERSHIP BY SO19 CIALLY AND ECONOMICALLY DISADVANTAGED INDI20 VIDUALS.—A sale— 

21 ‘‘(A) of an interest in a broadcast station 

22 that, before such sale, is not owned by socially 

23 and economically disadvantaged individuals; and 


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1 ‘‘(B) that results in the station being 

2 owned by socially and economically disadvan3 taged individuals. 

4 ‘‘(2) SALE BY INVESTOR IN STATION OWNED BY

5 SOCIALLY AND ECONOMICALLY DISADVANTAGED IN6 DIVIDUALS.—In the case of a person who has con7 tributed capital in exchange for an interest in a 

8 broadcast station that is owned by socially and eco9 nomically disadvantaged individuals, a sale by such 

10 person of some or all of such interest. 

11 ‘‘(c) RULES.—The Commission shall adopt rules for 

12 the issuance of a certificate under subsection (a) that pro13 vide for the following: 

14 ‘‘(1) LIMIT ON VALUE OF SALE.—A limit on the 

15 value of an interest the sale of which qualifies for 

16 the issuance of such a certificate. 

17 ‘‘(2) MINIMUM HOLDING PERIOD.—In the case 

18 of a sale described in subsection (b)(1), a minimum 

19 period following the sale during which the broadcast 

20 station must remain owned by socially and economi21 cally disadvantaged individuals. 

22 ‘‘(3) CUMULATIVE LIMIT ON NUMBER OR

23 VALUE OF SALES.—A limit on the total number of 

24 sales or the total value of sales, or both, for which 


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1 a person may be issued certificates under subsection 

2 (a). 

3 ‘‘(4) PARTICIPATION IN STATION MANAGEMENT

4 BY SOCIALLY AND ECONOMICALLY DISADVANTAGED

5 INDIVIDUALS.—Requirements for participation by 

6 socially and economically disadvantaged individuals 

7 in the management of the broadcast station. 

8 ‘‘(d) ANNUAL REPORT TO CONGRESS.—The Commis9 sion shall submit to Congress an annual report describing 

10 the sales for which certificates have been issued under sub11 section (a) during the period covered by the report. 

12 ‘‘(e) DEFINITIONS.—In this section: 

13 ‘‘(1) OWNED BY SOCIALLY AND ECONOMICALLY

14 DISADVANTAGED INDIVIDUALS.—The term ‘owned 

15 by socially and economically disadvantaged individ16 uals’ means, with respect to a broadcast station, 

17 that— 

18 ‘‘(A) such station is at least 51 percent 

19 owned by one or more socially and economically 

20 disadvantaged individuals, or, in the case of any 

21 publicly owned broadcast station, at least 51 

22 percent of the stock of such station is owned by 

23 one or more socially and economically disadvan24 taged individuals; and 


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1 ‘‘(B) the management and daily business 

2 operations of such station are controlled by one 

3 or more of such individuals. 

4 ‘‘(2) SOCIALLY AND ECONOMICALLY DISADVAN5 TAGED INDIVIDUAL.—The term ‘socially and eco6 nomically disadvantaged individual’ means an indi7 vidual who is socially and economically disadvan8 taged. The Commission shall presume that socially 

9 and economically disadvantaged individuals in10 clude— 

11 ‘‘(A) Black Americans, Hispanic Ameri12 cans, Native Americans, Asian Pacific Ameri13 cans, and other minorities; and 

14 ‘‘(B) women. 

15 ‘‘(3) SOCIALLY DISADVANTAGED INDIVIDUAL.— 

16 The term ‘socially disadvantaged individual’ means 

17 an individual who has been subjected to racial or 

18 ethnic prejudice or cultural bias because of the iden19 tity of the individual as a member of a group with20 out regard to the individual qualities of the indi21 vidual. 

22 ‘‘(4) ECONOMICALLY DISADVANTAGED INDI23 VIDUAL.—The term ‘economically disadvantaged in24 dividual’ means a socially disadvantaged individual 

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1 tem has been impaired due to diminished capital and 

2 credit opportunities as compared to others in the 

3 same business area who are not socially disadvan4 taged. In determining the degree of diminished cred5 it and capital opportunities, the Commission shall 

6 consider, but not be limited to, the assets and net 

7 worth of such socially disadvantaged individual.’’. 

8 (B) DEADLINE FOR ADOPTION OF

9 RULES.—The Commission shall adopt rules to 

10 implement section 344 of the Communications 

11 Act of 1934, as added by subparagraph (A), 

12 not later than 1 year after the date of the en13 actment of this Act. 

14 (C) REPORT TO CONGRESS ON PROGRAM

15 EXPANSION.—Not later than 6 years after the 

16 date of the enactment of this Act, the Commis17 sion shall submit to Congress a report regard18 ing whether Congress should expand section 

19 344 of the Communications Act of 1934, as 

20 added by subparagraph (A), beyond broadcast 

21 stations to cover other entities regulated by the 

22 Commission. 

23 (D) REPORT TO CONGRESS ON NEXUS BE24 TWEEN DIVERSITY OF OWNERSHIP AND DIVER25 SITY OF VIEWPOINT.—Not later than 6 years 


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1 after the date of the enactment of this Act, and 

2 not less frequently than every 5 years thereafter 

3 until the amendments made by this section 

4 cease to apply in accordance with paragraph 

5 (4), the Commission shall submit to Congress a 

6 report, including supporting data, on whether 

7 there is a nexus between diversity of ownership 

8 or control of broadcast stations (including own9 ership or control by members of minority 

10 groups or women, or by both members of mi11 nority groups and women) and diversity of the 

12 viewpoints expressed in the matter broadcast by 

13 broadcast stations. 

14 (2) NONRECOGNITION OF GAIN OR LOSS FOR

15 TAX PURPOSES.— 

16 (A) IN GENERAL.—Subchapter O of chap17 ter 1 of the Internal Revenue Code of 1986 is 

18 amended by inserting after part IV the fol19 lowing new part: 


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1 ‘‘PART V—SALE OF INTEREST IN CERTAIN 

2 BROADCAST STATIONS. 

3 ‘‘SEC. 1071. NONRECOGNITION OF GAIN OR LOSS FROM 

4 SALE OF INTEREST IN CERTAIN BROADCAST 

5 STATIONS. 

6 ‘‘(a) NONRECOGNITION OF GAIN OR LOSS.—If a sale 

7 of an interest in a broadcast station, within the meaning 

8 of section 344 of the Communications Act of 1934, is cer9 tified by the Federal Communications Commission under 

10 such section, such sale shall, if the taxpayer so elects, be 

11 treated as an involuntary conversion of such property 

12 within the meaning of section 1033. For purposes of such 

13 section as made applicable by the provisions of this sec14 tion, stock of a corporation operating a broadcast station 

15 shall be treated as property similar or related in service 

16 or use to the property so converted. The part of the gain, 

17 if any, on such sale to which section 1033 is not applied 

18 shall nevertheless not be recognized, if the taxpayer so 

19 elects, to the extent that it is applied to reduce the basis 

20 for determining gain or loss on any such sale, of a char21 acter subject to the allowance for depreciation under sec22 tion 167, remaining in the hands of the taxpayer imme23 diately after the sale, or acquired in the same taxable year. 

24 The manner and amount of such reduction shall be deter25 mined under regulations prescribed by the Secretary. Any 

26 election made by the taxpayer under this section shall be 


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1 made by a statement to that effect in his return for the 

2 taxable year in which the sale takes place, and such elec3 tion shall be binding for the taxable year and all subse4 quent taxable years. 

5 ‘‘(b) MINIMUM HOLDING PERIOD; CONTINUED MAN6 AGEMENT.—If— 

7 ‘‘(1) there is nonrecognition of gain or loss to 

8 a taxpayer under this section with respect to a sale 

9 of property (determined without regard to this para10 graph), and 

11 ‘‘(2) the taxpayer ceases to fulfill any require12 ments of the rules adopted by the Federal Commu13 nications Commission under paragraph (2) or (4) of 

14 section 344(c) of the Communications Act of 1934 

15 (as such rules are in effect on the date of such sale), 

16 there shall be no nonrecognition of gain or loss under this 

17 section to the taxpayer with respect to such sale, except 

18 that any gain or loss recognized by the taxpayer by reason 

19 of this subsection shall be taken into account as of the 

20 date on which the taxpayer so ceases to fulfill such re21 quirements. 

22 ‘‘(c) BASIS.—For basis of property acquired on a sale 

23 treated as an involuntary conversion under subsection (a), 

24 see section 1033(b).’’. 


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1 (B) CLERICAL AMENDMENT.—The table of 

2 parts for subchapter O of chapter 1 of the In3 ternal Revenue Code of 1986 is amended by in4 serting after the item related to part IV the fol5 lowing new part: 

‘‘PART V—SALE OF INTEREST IN CERTAIN BROADCAST STATIONS

‘‘Section 1071. Nonrecognition of gain or loss from sale of interest in certain 

broadcast stations.’’. 

6 (3) EFFECTIVE DATE.—The amendments made 

7 by this subsection shall apply with respect to sales 

8 of interests in broadcast stations after the date that 

9 is 1 year after the date of the enactment of this Act. 

10 (4) SUNSET.—The amendments made by this 

11 subsection shall not apply with respect to sales of in12 terests in broadcast stations after the date that is 

13 16 years after the date of the enactment of this Act. 

14 (c) INCUBATOR PILOT PROGRAM.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the 

17 Commission shall establish a program under which 

18 the Commission may grant a waiver of paragraph 

19 (a) or (b) of section 73.3555 of title 47, Code of 

20 Federal Regulations, to a licensee of a broadcast 

21 station to enable the licensee to acquire an interest 

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1 graph in a broadcast station that is owned by so2 cially and economically disadvantaged individuals. 

3 (2) REPORT TO CONGRESS.—The Commission 

4 shall submit to Congress a report on the effective5 ness of the program established under paragraph (1) 

6 not later than the date that is 4 years after the date 

7 on which the Commission establishes the program 

8 under such paragraph. 

9 (3) SUNSET.—The Commission may not grant 

10 a waiver under paragraph (1) after the date that is 

11 5 years after the date on which the Commission es12 tablishes the program under such paragraph. 

13 (d) DEFINITIONS.—In this section: 

14 (1) BROADCAST STATION.—The term ‘‘broad15 cast station’’ has the meaning given such term in 

16 section 3 of the Communications Act of 1934 (47 

17 U.S.C. 153). 

18 (2) COMMISSION.—The term ‘‘Commission’’ 

19 means the Federal Communications Commission. 

20 (3) OWNED BY SOCIALLY AND ECONOMICALLY

21 DISADVANTAGED INDIVIDUALS.—The term ‘‘owned 

22 by socially and economically disadvantaged individ23 uals’’ has the meaning given such term in section 

24 344 of the Communications Act of 1934, as added 

25 by subsection (b). 


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1 SEC. 5005. PERMANENT INCREASE OF LIMITATION ON DE2 DUCTION FOR START-UP AND ORGANIZA3 TIONAL EXPENDITURES. 

4 (a) START-UP EXPENDITURES.— 

5 (1) IN GENERAL.—Section 195(b)(1)(A)(ii) of 

6 the Internal Revenue Code of 1986 is amended— 

7 (A) by striking ‘‘$5,000’’ and inserting 

8 ‘‘$15,000’’, and 

9 (B) by striking ‘‘$50,000’’ and inserting 

10 ‘‘$150,000’’. 

11 (2) CONFORMING AMENDMENT.—Section 

12 195(b) of such Code is amended by striking para13 graph (3). 

14 (b) ORGANIZATIONAL EXPENDITURES.—Section 

15 248(a)(1)(B) of such Code is amended— 

16 (1) by striking ‘‘$5,000’’ and inserting 

17 ‘‘$10,000’’, and 

18 (2) by striking ‘‘$50,000’’ and inserting 

19 ‘‘$60,000’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to amounts paid or incurred with 

22 respect to— 

23 (1) in the case of the amendments made by 

24 subsection (a), trades or businesses beginning in tax25 able years beginning after December 31, 2016, and 


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1 (2) in the case of the amendments made by 

2 subsection (b), corporations the business of which 

3 begins in taxable years beginning after such date. 

4 SEC. 5006. VETERAN SMALL BUSINESS START-UP CREDIT. 

5 (a) IN GENERAL.—Subpart D of part IV of sub6 chapter A of chapter 1 of the Internal Revenue Code of 

7 1986 is amended by adding at the end the following new 

8 section: 

9 ‘‘SEC. 45V. VETERAN SMALL BUSINESS START-UP CREDIT. 

10 ‘‘(a) IN GENERAL.—For purposes of section 38, in 

11 the case of an applicable veteran-owned business which 

12 elects the application of this section, the veteran small 

13 business start-up credit determined under this section for 

14 any taxable year is an amount equal to 15 percent of so 

15 much of the qualified start-up expenditures of the tax16 payer as does not exceed $80,000. 

17 ‘‘(b) APPLICABLE VETERAN-OWNED SMALL BUSI18 NESS.—For purposes of this section— 

19 ‘‘(1) IN GENERAL.—The term ‘applicable vet20 eran-owned small business’ means a small business 

21 owned and controlled by one or more veterans or 

22 spouses of veterans and the principal place of busi23 ness of which is in an underserved community. 

24 ‘‘(2) OWNERSHIP AND CONTROL.—The term 

25 ‘owned and controlled’ means— 


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1 ‘‘(A) management and operation of the 

2 daily business, and— 

3 ‘‘(B)(i) in the case of a sole proprietorship, 

4 sole ownership, 

5 ‘‘(ii) in the case of a corporation, owner6 ship (by vote or value) of not less than 51 per7 cent of the stock in such corporation, or 

8 ‘‘(iii) in the case of a partnership or joint 

9 venture, ownership of not less than 51 percent 

10 of the profits interests or capital interests in 

11 such partnership or joint venture. 

12 ‘‘(3) SMALL BUSINESS.—The term ‘small busi13 ness’ means, with respect to any taxable year, any 

14 person engaged in a trade or business in the United 

15 States if— 

16 ‘‘(A) the gross receipts of such person for 

17 the preceding taxable year did not exceed 

18 $5,000,000, or 

19 ‘‘(B) in the case of a person to which sub20 paragraph (A) does not apply, such person em21 ployed not more than 100 full-time employees 

22 during the preceding taxable year. 

23 For purposes of subparagraph (B), an employee 

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1 ployed at least 30 hours per week for 20 or more 

2 calendar weeks in the taxable year. 

3 ‘‘(4) UNDERSERVED COMMUNITY.—The term 

4 ‘underserved community’ means any area located 

5 within— 

6 ‘‘(A) a HUBZone (as defined in section 

7 3(p) of the Small Business Act (15 U.S.C. 

8 632(p))), 

9 ‘‘(B) an empowerment zone, or enterprise 

10 community, designated under section 1391 (and 

11 without regard to whether or not such designa12 tion remains in effect), 

13 ‘‘(C) an area of low income or moderate in14 come (as recognized by the Federal Financial 

15 Institutions Examination Council), or 

16 ‘‘(D) a county with persistent poverty (as 

17 classified by the Economic Research Service of 

18 the Department of Agriculture). 

19 ‘‘(5) VETERAN OR SPOUSE OF VETERAN.—The 

20 term ‘veteran or spouse of a veteran’ has the mean21 ing given such term by section 7(a)(31)(G)(iii) of 

22 the Small Business Act (15 U.S.C. 

23 636(a)(31)(G)(iii)). 

24 ‘‘(c) QUALIFIED START-UP EXPENDITURES.—For 

25 purposes of this section— 


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1 ‘‘(1) IN GENERAL.—The term ‘qualified start2 up expenditures’ means— 

3 ‘‘(A) any start-up expenditures (as defined 

4 in section 195(c)), or 

5 ‘‘(B) any amounts paid or incurred during 

6 the taxable year for the purchase or lease of 

7 real property, or the purchase of personal prop8 erty, placed in service during the taxable year 

9 and used in the active conduct of a trade or 

10 business. 

11 ‘‘(d) SPECIAL RULES.—For purposes of this sec12 tion— 

13 ‘‘(1) YEAR OF ELECTION.—The taxpayer may 

14 elect the application of this section only for the first 

15 2 taxable years for which ordinary and necessary ex16 penses paid or incurred in carrying on such trade or 

17 business are allowable as a deduction by the tax18 payer under section 162. 

19 ‘‘(2) CONTROLLED GROUPS AND COMMON CON20 TROL.—All persons treated as a single employer 

21 under subsections (a) and (b) of section 52 shall be 

22 treated as 1 person. 

23 ‘‘(3) NO DOUBLE BENEFIT.—If a credit is de24 termined under this section with respect to any 

25 property, the basis of such property shall be reduced 


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1 by the amount of the credit attributable to such 

2 property.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 for subpart D of part IV of subchapter A of chapter 1 

5 of such Code is amended by adding at the end the fol6 lowing new item: 

‘‘Sec. 45V. Veteran small business start-up credit.’’. 

7 (c) MADE PART OF GENERAL BUSINESS CREDIT.— 

8 Section 38(b) of such Code is amended by striking ‘‘plus’’ 

9 at the end of paragraph (38), by striking the period at 

10 the end of paragraph (39) and inserting ‘‘, plus’’, and by 

11 adding at the end the following new paragraph: 

12 ‘‘(40) the veteran small business start-up credit 

13 determined under section 45V.’’. 

14 (d) REPORT BY TREASURY INSPECTOR GENERAL

15 FOR TAX ADMINISTRATION.—Every fourth year after the 

16 date of the enactment of this Act, the Treasury Inspector 

17 General for Tax Administration shall include in one of the 

18 semiannual reports under section 5 of the Inspector Gen19 eral Act of 1978 with respect to such year, an evaluation 

20 of the program under section 45V of the Internal Revenue 

21 Code of 1986 (as added by this section), including an eval22 uation of the success of, and accountability with respect 

23 to, such program. 


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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 the date of the enactment of this Act. 

4 SEC. 5007. INSPECTOR GENERAL REPORT ON PARTICIPA5 TION IN FAA PROGRAMS BY DISADVANTAGED 

6 SMALL BUSINESS CONCERNS. 

7 Section 140 of the FAA Modernization and Reform 

8 Act of 2012 is amended— 

9 (1) in subsection (c)— 

10 (A) in paragraph (1) by striking ‘‘each of 

11 fiscal years 2013 through 2018’’ and inserting 

12 ‘‘fiscal year 2018 and periodically thereafter’’; 

13 and 

14 (B) in paragraph (3)(A) by striking ‘‘a 

15 list’’ and inserting ‘‘with respect to the large 

16 and medium hub airports in the United States 

17 that participate in the airport disadvantaged 

18 business enterprise program referenced in sub19 section (a), a list’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(d) ASSESSMENT OF EFFORTS.—The Inspector 

22 General shall assess the efforts of the Federal Aviation 

23 Administration with respect to implementing rec24 ommendations suggested in reports submitted under sub25 section (c) and shall include in each semiannual report of 


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1 the Inspector General that is submitted to Congress a de2 scription of the results of such assessment.’’. 

3 SEC. 5008. MINORITY AND DISADVANTAGED BUSINESS PAR4 TICIPATION. 

5 Section 47113 of title 49, United States Code, is 

6 amended— 

7 (1) in subsection (c)— 

8 (A) by striking ‘‘The Secretary shall’’ and 

9 inserting the following: 

10 ‘‘(1) IN GENERAL.—The Secretary shall’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(2) CONSISTENCY OF INFORMATION.—The 

13 Secretary shall develop and maintain a training pro14 gram— 

15 ‘‘(A) for employees of the Federal Aviation 

16 Administration who provide guidance and train17 ing to entities that certify whether a small busi18 ness concern qualifies under this section (and 

19 for employees of the other modal administra20 tions of the Department of Transportation who 

21 provide similar services); and 

22 ‘‘(B) that ensures Federal officials provide 

23 consistent communications with respect to cer24 tification requirements. 


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1 ‘‘(3) LISTS OF CERTIFYING AUTHORITIES.—The 

2 Secretary shall ensure that each State maintains an 

3 accurate list of the certifying authorities in such 

4 State for purposes of this section and that the list 

5 is— 

6 ‘‘(A) updated at least twice each year; and 

7 ‘‘(B) made available to the public.’’; 

8 (2) in subsection (e) by adding at the end the 

9 following: 

10 ‘‘(4) REPORTING.—The Secretary shall deter11 mine, for each fiscal year, the number of individuals 

12 who received training under this subsection and shall 

13 make such number available to the public on an ap14 propriate website operated by the Secretary. If the 

15 Secretary determines, with respect to a fiscal year, 

16 that fewer individuals received training under this 

17 subsection than in the previous fiscal year, the Sec18 retary shall submit to Congress, and make available 

19 to the public on an appropriate website operated by 

20 the Secretary, a report describing the reasons for 

21 the decrease. 

22 ‘‘(5) ASSESSMENT.—Not later than 2 years 

23 after the date of enactment of this paragraph, and 

24 every 2 years thereafter, the Secretary shall assess 

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1 back from stakeholders, and update the training pro2 gram as appropriate.’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(f) TREND ASSESSMENT.— 

5 ‘‘(1) IN GENERAL.—Not later than 2 years 

6 after the date of enactment of this subsection, and 

7 at least every 2 years thereafter, the Secretary shall 

8 study, using information reported by airports, trends 

9 in the participation of small business concerns re10 ferred to in subsection (b). 

11 ‘‘(2) CONTENTS.—The study under paragraph 

12 (1) shall include— 

13 ‘‘(A) an analysis of whether the participa14 tion of small business concerns referred to in 

15 subsection (b) at reporting airports increased or 

16 decreased during the period studied, including 

17 for such concerns that were first time partici18 pants; 

19 ‘‘(B) an analysis of the factors relating to 

20 any significant increases or decreases in partici21 pation compared to prior years; and 

22 ‘‘(C) development of a plan to respond to 

23 the results of the study, including development 

24 of recommendations for sharing best practices 

25 for maintaining or boosting participation. 


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1 ‘‘(3) REPORTING.—For each study completed 

2 under paragraph (1), the Secretary shall submit to 

3 Congress, and make available to the program con4 tact at each airport that participates in the airport 

5 disadvantaged business enterprise program, a report 

6 describing the results of the study.’’. 

7 SEC. 5009. PASSENGER FACILITY CHARGES. 

8 Section 40117(c) of title 49, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(5) With respect to an application under this sub11 section that relates to an airport that participates in the 

12 airport disadvantaged business enterprise program ref13 erenced in section 140(a) of the FAA Modernization and 

14 Reform Act of 2012 (49 U.S.C. 47113 note), the applica15 tion shall include a detailed description of good faith ef16 forts at the airport to contract with disadvantaged busi17 ness enterprises in relation to any project that is a subject 

18 of the application and to ensure that all small businesses, 

19 including those owned by veterans, fairly compete for work 

20 funded with passenger facility charges.’’. 

21 SEC. 5010. ANNUAL TRACKING OF CERTAIN NEW FIRMS AT 

22 AIRPORTS WITH A DISADVANTAGED BUSI23 NESS ENTERPRISE PROGRAM. 

24 (a) TRACKING REQUIRED.—Beginning in fiscal year 

25 2018, and each fiscal year thereafter, the Administrator 


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1 of the Federal Aviation Administration shall require each 

2 covered airport to report to the Administrator on the num3 ber of new disadvantaged business enterprises that were 

4 awarded a contract or concession during the previous fis5 cal year at the airport. 

6 (b) TRAINING.—The Administrator shall provide 

7 training to airports, on an ongoing basis, with respect to 

8 compliance with subsection (a). 

9 (c) REPORTING.—During the first fiscal year begin10 ning after the date of enactment of this Act and every 

11 fiscal year thereafter, the Administrator shall update 

12 dbE–Connect (or any successor online reporting system) 

13 to include information on the number of new disadvan14 taged business enterprises that were awarded a contract 

15 or concession during the previous fiscal year at a covered 

16 airport. 

17 (d) COVERED AIRPORT DEFINED.—In this section, 

18 the term ‘‘covered airport’’ means a large or medium hub 

19 airport that participates in the airport disadvantaged busi20 ness enterprise program referenced in section 140(a) of 

21 the FAA Modernization and Reform Act of 2012 (49 

22 U.S.C. 47113 note). 

23 SEC. 5011. AUDITS. 

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1 racy of the data on disadvantaged business enterprises 

2 contained in the Federal Aviation Administration’s report3 ing database related to such enterprises or any similar or 

4 successor online reporting database developed by the Ad5 ministration. 

6 SEC. 5012. PROMPT PAYMENTS. 

7 (a) REPORTING OF COMPLAINTS.—Not later than 30 

8 days after the date of enactment of this Act, the Adminis9 trator of the Federal Aviation Administration shall ensure 

10 that each airport that participates in the Program tracks, 

11 and reports to the Administrator, the number of covered 

12 complaints made in relation to activities at that airport. 

13 (b) IMPROVING COMPLIANCE.— 

14 (1) IN GENERAL.—The Administrator shall 

15 take actions to assess and improve compliance with 

16 prompt payment requirements under part 26 of title 

17 49, Code of Federal Regulations. 

18 (2) CONTENTS OF ASSESSMENT.—In carrying 

19 out paragraph (1), the Administrator shall assess— 

20 (A) whether requirements relating to the 

21 inclusion of prompt payment language in con22 tracts are being satisfied; 

23 (B) whether and how airports are enforc24 ing prompt payment requirements; 


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1 (C) the processes by which covered com2 plaints are received and resolved by airports; 

3 (D) whether improvements need to be 

4 made to— 

5 (i) better track covered complaints re6 ceived by airports; and 

7 (ii) assist the resolution of covered 

8 complaints in a timely manner; 

9 (E) the effectiveness of alternative dispute 

10 resolution mechanisms with respect to resolving 

11 covered complaints; 

12 (F) best practices that ensure prompt pay13 ment requirements are satisfied; 

14 (G) the Federal Aviation Administration 

15 resources, including staff, that are dedicated to 

16 helping resolve covered complaints; and 

17 (H) how the Federal Aviation Administra18 tion can enhance efforts to resolve covered com19 plaints, including by using timelines and pro20 viding additional staffing and other resources. 

21 (3) REPORTING.—The Administrator shall 

22 make available to the public on an appropriate 

23 website operated by the Administrator a report de24 scribing the results of the assessment completed 


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1 under this subsection, including a plan to respond to 

2 such results. 

3 (c) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) COVERED COMPLAINT.—The term ‘‘covered 

6 complaint’’ means a complaint relating to an alleged 

7 failure to satisfy a prompt payment requirement 

8 under part 26 of title 49, Code of Federal Regula9 tions. 

10 (2) PROGRAM.—The term ‘‘Program’’ means 

11 the airport disadvantaged business enterprise pro12 gram referenced in section 140(a) of the FAA Mod13 ernization and Reform Act of 2012 (49 U.S.C. 

14 47113 note). 

15 SEC. 5013. EXPANSION OF CREDIT FOR EXPENDITURES TO 

16 PROVIDE ACCESS TO DISABLED INDIVID17 UALS. 

18 (a) INCREASE IN DOLLAR LIMITATION.— 

19 (1) IN GENERAL.—Section 44(a) of the Internal 

20 Revenue Code of 1986 is amended by striking 

21 ‘‘$10,250’’ and inserting ‘‘$20,500’’. 

22 (2) INFLATION ADJUSTMENT.—Section 44 of 

23 such Code is amended by redesignating subsection 

24 (e) as subsection (f) and by inserting after sub25 section (d) the following new subsection: 


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1 ‘‘(e) INFLATION ADJUSTMENT.— 

2 ‘‘(1) IN GENERAL.—In the case of any taxable 

3 year beginning after 2018, the $20,500 amount in 

4 subsection (a) shall be increased by an amount equal 

5 to— 

6 ‘‘(A) such dollar amount, multiplied by 

7 ‘‘(B) the cost of living adjustment deter8 mined under section 1(f)(3) for the calendar 

9 year in which the taxable year begins deter10 mined by substituting ‘calendar year 2017’ for 

11 ‘calendar year 2016’ in subparagraph (A)(ii) 

12 thereof. 

13 ‘‘(2) ROUNDING.—Any amount determined 

14 under paragraph (1) which is not a multiple of $50 

15 shall be rounded to the next lowest multiple of 

16 $50.’’. 

17 (b) INCREASE IN GROSS RECEIPTS LIMITATION.— 

18 Section 44(b)(1)(A) of such Code is amended by striking 

19 ‘‘$1,000,000’’ and inserting ‘‘$2,500,000’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to taxable years beginning after 

22 December 31, 2017. 


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1 SEC. 5014. REPORTING REQUIREMENTS FOR CERTAIN 

2 SMALL BUSINESS CONCERNS. 

3 Section 15(h)(2)(E) of the Small Business Act (15 

4 U.S.C. 644(h)(2)(E)) is amended— 

5 (1) in clause (i)— 

6 (A) in subclause (III), by striking ‘‘and’’ at 

7 the end; and 

8 (B) by adding at the end the following new 

9 subclauses: 

10 ‘‘(V) that were purchased by an11 other entity after the initial contract 

12 was awarded and as a result of the 

13 purchase, would no longer be deemed 

14 to be small business concerns for pur15 poses of the initial contract; and 

16 ‘‘(VI) that were awarded using a 

17 procurement method that restricted 

18 competition to small business concerns 

19 owned and controlled by service-dis20 abled veterans, qualified HUBZone 

21 small business concerns, small busi22 ness concerns owned and controlled by 

23 socially and economically disadvan24 taged individuals, small business con25 cerns owned and controlled by women, 

26 or a subset of any such concerns;’’; 


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1 (2) in clause (ii)— 

2 (A) in subclause (IV), by striking ‘‘and’’ at 

3 the end; and 

4 (B) by adding at the end the following new 

5 subclauses: 

6 ‘‘(VI) that were purchased by an7 other entity after the initial contract 

8 was awarded and as a result of the 

9 purchase, would no longer be deemed 

10 to be small business concerns owned 

11 and controlled by service-disabled vet12 erans for purposes of the initial con13 tract; and 

14 ‘‘(VII) that were awarded using a 

15 procurement method that restricted 

16 competition to qualified HUBZone 

17 small business concerns, small busi18 ness concerns owned and controlled by 

19 socially and economically disadvan20 taged individuals, small business con21 cerns owned and controlled by women, 

22 or a subset of any such concerns;’’; 

23 (3) in clause (iii)— 

24 (A) in subclause (V), by striking ‘‘and’’ at 

25 the end; and 


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1 (B) by adding at the end the following new 

2 subclauses: 

3 ‘‘(VII) that were purchased by 

4 another entity after the initial con5 tract was awarded and as a result of 

6 the purchase, would no longer be 

7 deemed to be qualified HUBZone 

8 small business concerns for purposes 

9 of the initial contract; and 

10 ‘‘(VIII) that were awarded using 

11 a procurement method that restricted 

12 competition to small business concerns 

13 owned and controlled by service-dis14 abled veterans, small business con15 cerns owned and controlled by socially 

16 and economically disadvantaged indi17 viduals, small business concerns 

18 owned and controlled by women, or a 

19 subset of any such concerns;’’; 

20 (4) in clause (iv)— 

21 (A) in subclause (V), by striking ‘‘and’’ at 

22 the end; and 

23 (B) by adding at the end the following new 

24 subclauses: 


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1 ‘‘(VII) that were purchased by 

2 another entity after the initial con3 tract was awarded and as a result of 

4 the purchase, would no longer be 

5 deemed to be small business concerns 

6 owned and controlled by socially and 

7 economically disadvantaged individ8 uals for purposes of the initial con9 tract; and 

10 ‘‘(VIII) that were awarded using 

11 a procurement method that restricted 

12 competition to small business concerns 

13 owned and controlled by service-dis14 abled veterans, qualified HUBZone 

15 small business concerns, small busi16 ness concerns owned and controlled by 

17 women, or a subset of any such con18 cerns;’’; 

19 (5) in clause (v)— 

20 (A) in subclause (IV), by striking ‘‘and’’ at 

21 the end; 

22 (B) in subclause (V), by inserting ‘‘and’’ at 

23 the end; and 

24 (C) by adding at the end the following new 

25 subclause: 


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1 ‘‘(VI) that were purchased by an2 other entity after the initial contract 

3 was awarded and as a result of the 

4 purchase, would no longer be deemed 

5 to be small business concerns owned 

6 by an Indian tribe other than an Alas7 ka Native Corporation for purposes of 

8 the initial contract;’’; 

9 (6) in clause (vi)— 

10 (A) in subclause (IV), by striking ‘‘and’’ at 

11 the end; 

12 (B) in subclause (V), by inserting ‘‘and’’ at 

13 the end; and 

14 (C) by adding at the end the following new 

15 subclause: 

16 ‘‘(VI) that were purchased by an17 other entity after the initial contract 

18 was awarded and as a result of the 

19 purchase, would no longer be deemed 

20 to be small business concerns owned 

21 by a Native Hawaiian Organization 

22 for purposes of the initial contract;’’; 

23 (7) in clause (vii)— 

24 (A) in subclause (IV), by striking ‘‘and’’ at 

25 the end; 


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1 (B) in subclause (V), by striking ‘‘and’’ at 

2 the end; and 

3 (C) by adding at the end the following new 

4 subclause: 

5 ‘‘(VI) that were purchased by an6 other entity after the initial contract 

7 was awarded and as a result of the 

8 purchase, would no longer be deemed 

9 to be small business concerns owned 

10 by an Alaska Native Corporation for 

11 purposes of the initial contract; and’’; 

12 and 

13 (8) in clause (viii)— 

14 (A) in subclause (VII), by striking ‘‘and’’ 

15 at the end; 

16 (B) in subclause (VIII), by striking ‘‘and’’ 

17 at the end; and 

18 (C) by adding at the end the following new 

19 subclauses: 

20 ‘‘(IX) that were purchased by an21 other entity after the initial contract 

22 was awarded and as a result of the 

23 purchase, would no longer be deemed 

24 to be small business concerns owned 


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1 and controlled by women for purposes 

2 of the initial contract; and 

3 ‘‘(X) that were awarded using a 

4 procurement method that restricted 

5 competition to small business concerns 

6 owned and controlled by service-dis7 abled veterans, qualified HUBZone 

8 small business concerns, small busi9 ness concerns owned and controlled by 

10 socially and economically disadvan11 taged individuals, or a subset of any 

12 such concerns; and’’. 

13 TITLE VI—ECONOMIC 

14 DEVELOPMENT 

15 SEC. 6001. ECONOMIC GROWTH, RETENTION, AND RECRUIT16 MENT OF COMMERCIAL INVESTMENT IN ECO17 NOMICALLY UNDERSERVED COMMUNITIES. 

18 The Small Business Investment Act of 1958 (15 

19 U.S.C. 661 et seq.) is amended by adding at the end the 

20 following new title: 


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1 ‘‘TITLE VIII—ECONOMIC 

2 GROWTH, RETENTION, AND 

3 RECRUITMENT OF COMMER4 CIAL INVESTMENT IN ECO5 NOMICALLY UNDERSERVED 

6 COMMUNITIES 

7 ‘‘SEC. 811. PURPOSE. 

8 ‘‘The purpose of this title is to assist with the eco9 nomic growth of economically underserved communities 

10 that have potential for strong Class 1 commercial invest11 ment, but that continue to have a difficult time recruiting 

12 Class 1 commercial investment. 

13 ‘‘SEC. 812. GRANT PROGRAM. 

14 ‘‘(a) AUTHORIZATION.—From amounts appropriated 

15 under section 814, the Administrator shall make grants 

16 on a competitive basis to an eligible community for— 

17 ‘‘(1) the creation of a grant program or revolv18 ing loan fund program (or both) that helps develop 

19 financing packages for Class 1 commercial invest20 ment in the community; 

21 ‘‘(2) lowering real estate property tax rates in 

22 the community; 

23 ‘‘(3) conducting community-wide market anal24 ysis to help recruit and retain Class 1 commercial 

25 investment; 


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1 ‘‘(4) creating employment training programs for 

2 Class 1 business customer service, sales, and mana3 gerial positions in the community; 

4 ‘‘(5) retail marketing strategies to solicit new 

5 Class 1 commercial investment starts in the commu6 nity; 

7 ‘‘(6) program allowances for activities to pro8 mote Class 1 commercial investment in the commu9 nity, such as the publication of marketing materials, 

10 development of economic development web pages, 

11 and educational outreach activities with retail trade 

12 associations; and 

13 ‘‘(7) hiring business recruitment specialists to 

14 operate in the community. 

15 ‘‘(b) ELIGIBILITY.—The Administrator may only 

16 make a grant under subsection (a) to a community whose 

17 demographics include— 

18 ‘‘(1) a median per capita income no higher than 

19 $35,000; and 

20 ‘‘(2) an identified lack of Class 1 commercial 

21 investment. 

22 ‘‘(c) APPLICATION.—A community seeking a grant 

23 under subsection (a) shall submit an application at such 

24 time, in such form, and containing such information and 


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1 assurances as the Administrator may require, except that 

2 the application shall include— 

3 ‘‘(1) a description of how the community, 

4 through the activities the community proposes to 

5 carry out with the grant funds will recruit, retain 

6 and grow its economy through Class 1 commercial 

7 investment; and 

8 ‘‘(2) a description of the difficulty the commu9 nity has faced recruiting, retaining and growing its 

10 economy through Class 1 commercial investment. 

11 ‘‘(d) MATCHING FUNDS.— 

12 ‘‘(1) IN GENERAL.—The Administrator may not 

13 make a grant to a community under subsection (a) 

14 unless the community agrees that, with respect to 

15 the costs to be incurred by the community in car16 rying out the activities for which the grant is award17 ed, the community will make available non-Federal 

18 contributions in an amount equal to not less than 10 

19 percent of the Federal funds provided under the 

20 grant. 

21 ‘‘(2) SATISFYING MATCHING REQUIREMENTS.— 

22 The non-Federal contributions required under para23 graph (1) may be— 

24 ‘‘(A) in cash or in-kind, including services, 

25 fairly evaluated; and 


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1 ‘‘(B) from— 

2 ‘‘(i) any private source; 

3 ‘‘(ii) State or local governmental enti4 ty; or 

5 ‘‘(iii) nonprofit source. 

6 ‘‘(3) WAIVER.—The Administrator may waive 

7 or reduce the non-Federal contribution required by 

8 paragraph (1) if the community involved dem9 onstrates that the community cannot meet the con10 tribution requirement due to financial hardship. 

11 ‘‘(e) LIMITATIONS.—Amounts appropriated pursuant 

12 to the authorization of appropriations in section 814 for 

13 a fiscal year shall be allocated as follows: 

14 ‘‘(1) No more than 5 percent of such funds 

15 shall go to administrative costs; 

16 ‘‘(2) 70 percent of such funds shall go toward 

17 activities described in paragraphs (1) through (4) of 

18 subsection (a), after taking into account administra19 tive costs under subparagraph (A); and 

20 ‘‘(3) 30 percent of such funds shall go toward 

21 activities described in paragraphs (5) through (7) of 

22 subsection (a), after taking into account administra23 tive costs under subparagraph (A). 

24 ‘‘SEC. 813. DEFINITIONS. 

25 ‘‘In this title: 


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1 ‘‘(1) COMMUNITY.—The term ‘community’ 

2 means a governance structure that includes county, 

3 parish, city, village, township, district or borough. 

4 ‘‘(2) CLASS 1 COMMERCIAL INVESTMENT.—The 

5 term ‘Class 1 commercial investment’ means retail 

6 grocery chains, food service retailers, restaurants 

7 and franchises, retail stores, cafes, shopping malls, 

8 and other shops. 

9 ‘‘(3) ECONOMICALLY UNDERSERVED COMMU10 NITY.—The term ‘economically underserved commu11 nity’ means an area suffering from low income and 

12 resultant low purchasing power, limiting its ability 

13 to generate sufficient goods and services to be used 

14 in exchange with other areas to meet current con15 sumption needs. 

16 ‘‘SEC. 814. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘There is authorized to be appropriated to the Ad18 ministrator to make grants under section 812(a) 

19 $40,000,000 for each of fiscal years 2019 through 2025.’’. 

20 SEC. 6002. MINORITY BANK DEPOSIT PROGRAM. 

21 (a) FINDINGS.—Congress finds the following: 

22 (1) On March 5, 1969, pursuant to Executive 

23 Order 11458, the Minority Bank Deposit Program 

24 was established as a national program supporting 

25 minority-owned business enterprise. It was expanded 


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1 in 1971 under Executive Order 11625 and in 1979 

2 under Executive Order 12138. The Competitive 

3 Equality Banking Act of 1987 (Public Law 100–86) 

4 and the Financial Institutions Reform, Recovery and 

5 Enforcement Act of 1989 (Public Law 101–73) in6 clude provisions supporting the intent of the Minor7 ity Bank Deposit Program. 

8 (2) Under the leadership of President Jimmy 

9 Carter, on April 8, 1977, a memorandum for all 

10 heads of Federal agencies and departments was 

11 signed. This document promoted the use of minor12 ity-owned business enterprises by placing deposits in 

13 minority banks. The agency assigned to head this 

14 program was the Department of the Treasury. 

15 (3) The Fiscal Assistant Secretary of the De16 partment of the Treasury is responsible for certi17 fying financial institutions that are eligible for par18 ticipation in the Minority Bank Deposit Program. 

19 (4) Although the program continues today, the 

20 overwhelming majority of financial institutions cer21 tified under the Minority Bank Deposit Program do 

22 not have existing relationships with the Federal 

23 agencies which suggests the need for reforms to in24 crease utilization of eligible institutions. 


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1 (b) EXPANSION OF USE OF MINORITY BANKS, 

2 WOMEN’S BANKS, AND LOW-INCOME CREDIT UNIONS.— 

3 (1) IN GENERAL.—Section 1204 of the Finan4 cial Institutions Reform, Recovery, and Enforcement 

5 Act of 1989 (12 U.S.C. 1811 note) is amended to 

6 read as follows: 

7 ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY BANKS, WOM8 EN’S BANKS, AND LOW-INCOME CREDIT 

9 UNIONS. 

10 ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.— 

11 ‘‘(1) ESTABLISHMENT.—There is established a 

12 program to be known as the ‘Minority Bank Deposit 

13 Program’ to expand the use of minority banks, wom14 en’s banks, and low-income credit unions. 

15 ‘‘(2) ADMINISTRATION.—The Secretary of the 

16 Treasury, acting through the Fiscal Service, shall— 

17 ‘‘(A) on application by a depository institu18 tion or credit union, certify whether such depos19 itory institution or credit union is a minority 

20 bank, women’s bank, or low-income credit 

21 union; 

22 ‘‘(B) maintain and publish a list of all de23 pository institutions and credit unions that have 

24 been certified pursuant to subparagraph (A); 

25 and 


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1 ‘‘(C) periodically distribute the list de2 scribed in subparagraph (B) to— 

3 ‘‘(i) all Federal departments and 

4 agencies; 

5 ‘‘(ii) interested State and local govern6 ments; and 

7 ‘‘(iii) interested private sector compa8 nies. 

9 ‘‘(3) INCLUSION OF CERTAIN ENTITIES ON

10 LIST.—A depository institution or credit union that, 

11 on the date of the enactment of this section, has a 

12 current certification from the Secretary of the 

13 Treasury stating that such depository institution or 

14 credit union is a minority bank, women’s bank, or 

15 low-income credit union shall be included on the list 

16 described under paragraph (2)(B). 

17 ‘‘(b) EXPANDED USE AMONG FEDERAL DEPART18 MENTS AND AGENCIES.— 

19 ‘‘(1) IN GENERAL.—Not later than 1 year after 

20 the establishment of the program described in sub21 section (a), the head of each Federal department or 

22 agency shall develop and implement standards and 

23 procedures to ensure, to the maximum extent pos24 sible as permitted by law, the use of minority banks, 

25 women’s banks, and low-income credit unions to 


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1 serve the financial needs of each such department or 

2 agency. 

3 ‘‘(2) REPORT TO CONGRESS.—Not later than 2 

4 years after the establishment of the program de5 scribed in subsection (a), and annually thereafter, 

6 the head of each Federal department or agency shall 

7 submit to Congress a report on the actions taken to 

8 increase the use of minority banks, women’s banks, 

9 and low-income credit unions to serve the financial 

10 needs of each such department or agency. 

11 ‘‘(c) DEFINITIONS.—For purposes of this section: 

12 ‘‘(1) CREDIT UNION.—The term ‘credit union’ 

13 has the meaning given the term ‘insured credit 

14 union’ in section 101 of the Federal Credit Union 

15 Act (12 U.S.C. 1752). 

16 ‘‘(2) DEPOSITORY INSTITUTION.—The term ‘de17 pository institution’ has the meaning given the term 

18 ‘insured depository institution’ in section 3 of the 

19 Federal Deposit Insurance Act (12 U.S.C. 1813). 

20 ‘‘(3) LOW-INCOME CREDIT UNION.—The term 

21 ‘low-income credit union’ means any entity described 

22 in section 19(b)(1)(A)(iv) of the Federal Reserve 

23 Act. 


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1 ‘‘(4) MINORITY.—The term ‘minority’ means 

2 any Black American, Native American, Hispanic 

3 American, or Asian American. 

4 ‘‘(5) MINORITY BANK.—The term ‘minority 

5 bank’ means any bank described in clause (i), (ii), 

6 or (iii) of section 19(b)(1)(A) of the Federal Reserve 

7 Act— 

8 ‘‘(A) more than 50 percent of the out9 standing shares of which are held by 1 or more 

10 minority individuals; 

11 ‘‘(B) the majority of the directors on the 

12 board of directors of which are minority individ13 uals; and 

14 ‘‘(C) a significant percentage of senior 

15 management positions of which are held by mi16 nority individuals. 

17 ‘‘(6) WOMEN’S BANK.—The term ‘women’s 

18 bank’ means any bank described in clause (i), (ii), 

19 or (iii) of section 19(b)(1)(A) of the Federal Reserve 

20 Act— 

21 ‘‘(A) more than 50 percent of the out22 standing shares of which are held by 1 or more 

23 women; 

24 ‘‘(B) the majority of the directors on the 

25 board of directors of which are women; and 


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1 ‘‘(C) a significant percentage of senior 

2 management positions of which are held by 

3 women.’’. 

4 (2) CONFORMING AMENDMENTS.—The fol5 lowing provisions are amended by striking 

6 ‘‘1204(c)(3)’’ and inserting ‘‘1204(c)’’: 

7 (A) Section 808(b)(3) of the Community 

8 Reinvestment Act of 1977 (12 U.S.C. 

9 2907(b)(3)). 

10 (B) Section 40(g)(1)(B) of the Federal De11 posit Insurance Act (12 U.S.C. 

12 1831q(g)(1)(B)). 

13 (C) Section 704B(h)(4) of the Equal Cred14 it Opportunity Act (15 U.S.C. 1691c–2(h)(4)). 

15 (c) AMENDMENTS TO THE COMMUNITY REINVEST16 MENT ACT.—Section 804(b) of the Community Reinvest17 ment Act of 1977 (12 U.S.C. 2903(b)) is amended to read 

18 as follows: 

19 ‘‘(b) COOPERATION WITH MINORITY BANKS, 

20 WOMEN’S BANKS, AND LOW-INCOME CREDIT UNIONS

21 CONSIDERED.— 

22 ‘‘(1) IN GENERAL.—In assessing and taking 

23 into account, under subsection (a), the record of a 

24 financial institution, the appropriate Federal finan25 cial supervisory agency shall consider as a factor 


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1 capital investment, loan participation, and other ven2 tures undertaken by the institution in cooperation 

3 with minority banks, women’s banks, community de4 velopment financial institutions, and low-income 

5 credit unions provided that these activities help meet 

6 the credit needs of local communities in which such 

7 institutions and credit unions are chartered. 

8 ‘‘(2) DEFINITIONS.— 

9 ‘‘(A) FIRREA DEFINITIONS.—The terms 

10 ‘low-income credit union’, ‘minority bank’, and 

11 ‘women’s bank’ have the meanings given such 

12 terms, respectively, in section 1204(c) of the Fi13 nancial Institutions Reform, Recovery, and En14 forcement Act of 1989 (12 U.S.C. 1811 note). 

15 ‘‘(B) COMMUNITY DEVELOPMENT FINAN16 CIAL INSTITUTION.—The term ‘community de17 velopment financial institution’ has the meaning 

18 given in section 103(5) of the Riegle Commu19 nity Development and Regulatory Improvement 

20 Act of 1994 (12 U.S.C. 4702(5)).’’. 

21 (d) CONSIDERATIONS WHEN ASSESSING FINANCIAL

22 INCLUSION FOR FEDERALLY CHARTERED FINANCIAL IN23 STITUTIONS.— 

24 (1) IN GENERAL.—In assessing and taking into 

25 account the record of a federally chartered financial 


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1 institution under any financial inclusion assessment 

2 process created by the Comptroller of the Currency 

3 in any rule relating to the chartering of a financial 

4 institution, the Comptroller shall consider as a fac5 tor capital investment, loan participation, and other 

6 ventures undertaken by the bank in cooperation with 

7 minority banks, women’s banks, community develop8 ment financial institutions, and low-income credit 

9 unions, provided that these activities help meet the 

10 financial needs of local communities in which the 

11 federally chartered financial institution provides fi12 nancial products or services. 

13 (2) DEFINITIONS.—For purposes of this sec14 tion: 

15 (A) COMMUNITY DEVELOPMENT FINAN16 CIAL INSTITUTION.—The term ‘‘community de17 velopment financial institution’’ has the mean18 ing given in section 103(5) of the Riegle Com19 munity Development and Regulatory Improve20 ment Act of 1994 (12 U.S.C. 4702(5)). 

21 (B) FINANCIAL INCLUSION ASSESSMENT

22 PROCESS.—The term ‘‘financial inclusion as23 sessment process’’ means any process relating 

24 to the chartering of a financial institution 

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1 sesses and takes into account the financial in2 stitution’s record of meeting the financial needs 

3 of the bank’s entire community, including low4 and moderate-income neighborhoods, consistent 

5 with the safe and sound operation of such bank. 

6 (C) FINANCIAL PRODUCT OR SERVICE.— 

7 The term ‘‘financial product or service’’ has the 

8 meaning given such term in section 1002 of the 

9 Dodd-Frank Wall Street Reform and Consumer 

10 Protection Act (12 U.S.C. 5481). 

11 (D) FIRREA DEFINITIONS.—The terms 

12 ‘‘low-income credit union’’, ‘‘minority bank’’, 

13 and ‘‘women’s bank’’ have the meanings given 

14 such terms, respectively, in section 1204(c) of 

15 the Financial Institutions Reform, Recovery, 

16 and Enforcement Act of 1989 (12 U.S.C. 1811 

17 note). 

18 SEC. 6003. REPORTING CERTAIN POSITIVE CONSUMER 

19 CREDIT INFORMATION TO CONSUMER RE20 PORTING AGENCIES. 

21 (a) IN GENERAL.—Section 623 of the Fair Credit 

22 Reporting Act (15 U.S.C. 1681s–2) is amended by adding 

23 at the end the following new subsection: 

24 ‘‘(f) FULL-FILE CREDIT REPORTING.— 


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1 ‘‘(1) IN GENERAL.—Subject to the limitation in 

2 paragraph (2) and notwithstanding any other provi3 sion of law, a person or the Secretary of Housing 

4 and Urban Development may furnish to a consumer 

5 reporting agency information relating to the per6 formance of a consumer in making payments— 

7 ‘‘(A) under a lease agreement with respect 

8 to a dwelling, including such a lease in which 

9 the Department of Housing and Urban Devel10 opment provides subsidized payments for occu11 pancy in a dwelling; or 

12 ‘‘(B) pursuant to a contract for a utility or 

13 telecommunications service. 

14 ‘‘(2) LIMITATION.—Information about a con15 sumer’s usage of any utility services provided by a 

16 utility or telecommunication firm may be furnished 

17 to a consumer reporting agency only to the extent 

18 that such information relates to payment by the con19 sumer for the services of such utility or tele20 communication service or other terms of the provi21 sion of the services to the consumer, including any 

22 deposit, discount, or conditions for interruption or 

23 termination of the services. 

24 ‘‘(3) PAYMENT PLAN.—An energy utility firm 

25 may not report payment information to a consumer 


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1 reporting agency with respect to an outstanding bal2 ance of a consumer as late if— 

3 ‘‘(A) the energy utility firm and the con4 sumer have entered into a payment plan (in5 cluding a deferred payment agreement, an ar6 rearage management program, or a debt for7 giveness program) with respect to such out8 standing balance; and 

9 ‘‘(B) the consumer is meeting the obliga10 tions of the payment plan, as determined by the 

11 energy utility firm. 

12 ‘‘(4) DEFINITIONS.—In this subsection, the fol13 lowing definitions shall apply: 

14 ‘‘(A) ENERGY UTILITY FIRM.—The term 

15 ‘energy utility firm’ means an entity that pro16 vides gas or electric utility services to the pub17 lic. 

18 ‘‘(B) UTILITY OR TELECOMMUNICATION

19 FIRM.—The term ‘utility or telecommunication 

20 firm’ means an entity that provides utility serv21 ices to the public through pipe, wire, landline, 

22 wireless, cable, or other connected facilities, or 

23 radio, electronic, or similar transmission (in24 cluding the extension of such facilities).’’. 


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1 (b) LIMITATION ON LIABILITY.—Section 623(c) of 

2 the Consumer Credit Protection Act (15 U.S.C. 1681s– 

3 2(c)) is amended— 

4 (1) in paragraph (2), by striking ‘‘or’’ at the 

5 end; 

6 (2) by redesignating paragraph (3) as para7 graph (4); and 

8 (3) by inserting after paragraph (2) the fol9 lowing new paragraph: 

10 ‘‘(3) subsection (f) of this section, including any 

11 regulations issued thereunder; or’’. 

12 (c) GAO STUDY AND REPORT.—Not later than 2 

13 years after the date of the enactment of this Act, the 

14 Comptroller General of the United States shall submit to 

15 Congress a report on the impact of furnishing information 

16 pursuant to subsection (f) of section 623 of the Fair Cred17 it Reporting Act (15 U.S.C. 1681s–2) (as added by this 

18 Act) on consumers. 

19 SEC. 6004. GENDER AND RACIAL AND ETHNIC DIVERSITY IN 

20 APPOINTING FEDERAL RESERVE BANK 

21 PRESIDENTS. 

22 (a) FINDINGS.—The Congress finds that— 

23 (1) while significant progress has occurred due 

24 to the antidiscrimination amendments to the Federal 

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1 stacles for candidates reflective of gender diversity 

2 and racial or ethnic diversity for Federal Reserve 

3 bank president positions in the Federal Reserve Sys4 tem; 

5 (2) the continuing barriers described in para6 graph (1) merit the following amendment; 

7 (3) Congress has received and reviewed testi8 mony and documentation of the historical lack of 

9 gender, racial, and ethnic diversity from numerous 

10 sources, including congressional hearings, scientific 

11 reports, reports issued by public and private agen12 cies, news stories, and reports of related barriers by 

13 organizations and individuals, which show that race14 , ethnicity-, and gender-neutral efforts alone are in15 sufficient to address the problem; 

16 (4) the testimony and documentation described 

17 in paragraph (3) demonstrate that barriers across 

18 the United States prove problematic for full and fair 

19 participation in developing monetary policy by indi20 viduals reflective of gender diversity and racial or 

21 ethnic diversity; and 

22 (5) the testimony and documentation described 

23 in paragraph (3) provide a strong basis that there 

24 is a compelling need for the below amendment to ad25 dress the historical lack of gender, racial, and ethnic 


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1 diversity in the Federal Reserve regional bank presi2 dents selection process in the Federal Reserve Sys3 tem. 

4 (b) FEDERAL RESERVE BANK PRESIDENTS.—The 

5 provision designated ‘‘fifth’’ of the fourth undesignated 

6 paragraph of section 4 of the Federal Reserve Act (12 

7 U.S.C. 341) is amended by inserting after ‘‘employees.’’ 

8 the following: ‘‘In making the appointment of a president, 

9 the bank shall interview at least one individual reflective 

10 of gender diversity and one individual reflective of racial 

11 or ethnic diversity.’’. 

12 (c) TECHNICAL AMENDMENTS.— 

13 (1) AMERICAN COMPETITIVENESS AND WORK14 FORCE IMPROVEMENT ACT OF 1998.—Section 418(b) 

15 of the American Competitiveness and Workforce Im16 provement Act of 1998 (8 U.S.C. 1184 note) is 

17 amended by striking ‘‘Chairman of the Board of 

18 Governors’’ and inserting ‘‘Chair of the Board of 

19 Governors’’. 

20 (2) BRETTON WOODS AGREEMENTS ACT.—The 

21 Bretton Woods Agreements Act (22 U.S.C. 286 et 

22 seq.) is amended— 

23 (A) in section 4(a), by striking ‘‘Chairman 

24 of the Board of Governors’’ and inserting 

25 ‘‘Chair of the Board of Governors’’; and 


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1 (B) in section 45(a)(1), by striking ‘‘chair2 man of the board of Governors’’ and inserting 

3 ‘‘Chair of the Board of Governors’’. 

4 (3) DODD-FRANK WALL STREET REFORM AND

5 CONSUMER PROTECTION ACT.—The Dodd-Frank 

6 Wall Street Reform and Consumer Protection Act 

7 (12 U.S.C. 5301 et seq.) is amended by striking 

8 ‘‘Chairman of the Board’’ each place such term ap9 pears and inserting ‘‘Chair of the Board’’. 

10 (4) EMERGENCY ECONOMIC STABILIZATION ACT

11 OF 2008.—The Emergency Economic Stabilization 

12 Act of 2008 (12 U.S.C. 5201 et seq.) is amended by 

13 striking ‘‘Chairman of the Board’’ each place such 

14 term appears and inserting ‘‘Chair of the Board’’. 

15 (5) EMERGENCY LOAN GUARANTEE ACT.—Sec16 tion 2 of the Emergency Loan Guarantee Act (15 

17 U.S.C. 1841) is amended by striking ‘‘Chairman of 

18 the Board of Governors’’ and inserting ‘‘Chair of the 

19 Board of Governors’’. 

20 (6) EMERGENCY STEEL LOAN GUARANTEE AND

21 EMERGENCY OIL AND GAS ACT OF 1999.—The Emer22 gency Steel Loan Guarantee and Emergency Oil and 

23 Gas Act of 1999 (15 U.S.C. 1841 note) is amend24 ed— 

25 (A) in section 101(e)(2)— 


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1 (i) by striking ‘‘Chairman of the 

2 Board of Governors’’ and inserting ‘‘Chair 

3 of the Board of Governors’’; and 

4 (ii) by striking ‘‘Chairman,’’ and in5 serting ‘‘Chair,’’; and 

6 (B) in section 201(d)(2)(B)— 

7 (i) by striking ‘‘Chairman of the 

8 Board of Governors’’ and inserting ‘‘Chair 

9 of the Board of Governors’’; and 

10 (ii) by striking ‘‘Chairman,’’ and in11 serting ‘‘Chair,’’. 

12 (7) FARM CREDIT ACT OF 1971.—Section 

13 4.9(d)(1)(C) of the Farm Credit Act of 1971 (12 

14 U.S.C. 2160(d)(1)(C)) is amended by striking 

15 ‘‘Chairman of the Board of Governors’’ and insert16 ing ‘‘Chair of the Board of Governors’’. 

17 (8) FEDERAL DEPOSIT INSURANCE ACT.—The 

18 Federal Deposit Insurance Act (12 U.S.C. 1811 et 

19 seq.) is amended by striking ‘‘Chairman of the 

20 Board of Governors’’ each place such term appears 

21 and inserting ‘‘Chair of the Board of Governors’’. 

22 (9) FEDERAL RESERVE ACT.—The Federal Re23 serve Act (12 U.S.C. 226 et seq.) is amended— 

24 (A) by striking ‘‘chairman’’ each place 

25 such term appears and inserting ‘‘chair’’; 


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1 (B) by striking ‘‘Chairman’’ each place 

2 such term appears other than in section 

3 11(r)(2)(B) and inserting ‘‘Chair’’; 

4 (C) in section 2, in the sixth undesignated 

5 paragraph— 

6 (i) in the second sentence, by striking 

7 ‘‘his’’ and inserting ‘‘the Comptroller of 

8 the Currency’s’’; and 

9 (ii) in the third sentence, by striking 

10 ‘‘his’’ and inserting ‘‘the director’s’’; 

11 (D) in section 4— 

12 (i) in the third undesignated para13 graph, by striking ‘‘his office’’ and insert14 ing ‘‘the Office of the Comptroller of the 

15 Currency’’; 

16 (ii) in the fourth undesignated para17 graph, in the provision designated ‘‘fifth’’, 

18 by striking ‘‘his’’ and inserting ‘‘the per19 son’s’’; 

20 (iii) in the eighth undesignated para21 graph, by striking ‘‘his’’ and inserting ‘‘the 

22 chair’s’’; 

23 (iv) in the seventeenth undesignated 

24 paragraph— 


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1 (I) by striking ‘‘his’’ and insert2 ing ‘‘the officer’s’’; and 

3 (II) by striking ‘‘he’’ and insert4 ing ‘‘the individual’’; 

5 (v) in the twentieth undesignated 

6 paragraph— 

7 (I) by striking ‘‘He’’ each place 

8 such term appears and inserting ‘‘The 

9 chair’’; 

10 (II) in the third sentence— 

11 (aa) by striking ‘‘his’’ and 

12 inserting ‘‘the’’; and 

13 (bb) by striking ‘‘he’’ and 

14 inserting a comma; and 

15 (III) in the fifth sentence, by 

16 striking ‘‘he’’ and inserting ‘‘the 

17 chair’’; and 

18 (vi) in the twenty-first undesignated 

19 paragraph, by striking ‘‘his’’ each place 

20 such term appears and inserting ‘‘the 

21 agent’s’’; 

22 (E) in section 6, in the second undesig23 nated paragraph, by striking ‘‘he’’ and inserting 

24 ‘‘the Comptroller of the Currency’’; 


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1 (F) in section 9A(c)(2)(C), by striking 

2 ‘‘he’’ and inserting ‘‘the participant’’; 

3 (G) in section 10— 

4 (i) by striking ‘‘he’’ each place such 

5 term appears and inserting ‘‘the member’’; 

6 (ii) in the second undesignated para7 graph. by striking ‘‘his’’ and inserting ‘‘the 

8 member’s’’; and 

9 (iii) in the fourth undesignated para10 graph— 

11 (I) in the second sentence, by 

12 striking ‘‘his’’ and inserting ‘‘the 

13 chair’s’’; 

14 (II) in the fifth sentence, by 

15 striking ‘‘his’’ and inserting ‘‘the 

16 member’s’’; and 

17 (III) in the sixth sentence, by 

18 striking ‘‘his’’ and inserting ‘‘the 

19 member’s’’; 

20 (H) in section 12, by striking ‘‘his’’ and in21 serting ‘‘the member’s’’; 

22 (I) in section 13, in the eleventh undesig23 nated paragraph, by striking ‘‘his’’ and insert24 ing ‘‘the assured’s’’; 

25 (J) in section 16— 


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1 (i) by striking ‘‘he’’ each place such 

2 term appears and inserting ‘‘the agent’’; 

3 (ii) in the seventh undesignated para4 graph— 

5 (I) by striking ‘‘his’’ and insert6 ing ‘‘the agent’s’’; and 

7 (II) by striking ‘‘himself’’ and in8 serting ‘‘the agent’’; 

9 (iii) in the tenth undesignated para10 graph, by striking ‘‘his’’ and inserting ‘‘the 

11 Secretary’s’’; and 

12 (iv) in the fifteenth undesignated 

13 paragraph, by striking ‘‘his’’ and inserting 

14 ‘‘the agent’s’’; 

15 (K) in section 18, in the eighth undesig16 nated paragraph, by striking ‘‘he’’ and inserting 

17 ‘‘the Secretary of the Treasury’’; 

18 (L) in section 22— 

19 (i) in subsection (f), by striking ‘‘his’’ 

20 and inserting ‘‘the director’s or officer’s’’; 

21 and 

22 (ii) in subsection (g)— 

23 (I) in paragraph (1)(D)— 

24 (aa) by striking ‘‘him’’ and 

25 inserting ‘‘the officer’’; and 


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1 (bb) by striking ‘‘he’’ and 

2 inserting ‘‘the officer’’; and 

3 (II) in paragraph (2)(A), by 

4 striking ‘‘him as his’’ and inserting 

5 ‘‘the officer as the officer’s’’; and 

6 (M) in section 25A— 

7 (i) in the twelfth undesignated para8 graph— 

9 (I) by striking ‘‘he’’ each place 

10 such term appears and inserting ‘‘the 

11 member’’; and 

12 (II) by striking ‘‘his’’ and insert13 ing ‘‘the member’s’’; 

14 (ii) in the fourteenth undesignated 

15 paragraph, by striking ‘‘his’’ and inserting 

16 ‘‘the director’s or officer’s’’; and 

17 (iii) in the twenty-second undesig18 nated paragraph, by striking ‘‘his’’ each 

19 place such term appears and inserting 

20 ‘‘such individual’s’’. 

21 (10) FEDERAL RESERVE REFORM ACT OF

22 1977.—Section 204(b) of the Federal Reserve Re23 form Act of 1977 (12 U.S.C. 242 note) is amended 

24 by striking ‘‘Chairman or Vice Chairman of the 


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1 Board of Governors’’ and inserting ‘‘Chair or Vice 

2 Chair of the Board of Governors’’. 

3 (11) FINANCIAL INSTITUTIONS REFORM, RE4 COVERY, AND ENFORCEMENT ACT OF 1989.—The Fi5 nancial Institutions Reform, Recovery, and Enforce6 ment Act of 1989 is amended— 

7 (A) in section 308 (12 U.S.C. 1463 

8 note)— 

9 (i) in subsection (a), by striking 

10 ‘‘Chairman of the Board of Governors’’ 

11 and inserting ‘‘Chair of the Board of Gov12 ernors’’; and 

13 (ii) in subsection (c), by striking 

14 ‘‘Chairman of the Board of Governors’’ 

15 and inserting ‘‘Chair of the Board of Gov16 ernors’’; 

17 (B) in section 1001(a) (12 U.S.C. 1811 

18 note), by striking ‘‘Chairman of the Board of 

19 Governors’’ and inserting ‘‘Chair of the Board 

20 of Governors’’; and 

21 (C) in section 1205(b)(1)(A) (12 U.S.C. 

22 1818 note)— 

23 (i) by striking ‘‘Chairman of the 

24 Board of Governors’’ and inserting ‘‘Chair 

25 of the Board of Governors’’; and 


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1 (ii) by striking ‘‘Chairman’s’’ and in2 serting ‘‘Chair’s’’. 

3 (12) FOOD, CONSERVATION, AND ENERGY ACT

4 OF 2008.—Section 13106(a) of the Food, Conserva5 tion, and Energy Act of 2008 (7 U.S.C. 2 note) is 

6 amended by striking ‘‘Chairman of the Board of 

7 Governors’’ and inserting ‘‘Chair of the Board of 

8 Governors’’. 

9 (13) HOUSING AND COMMUNITY DEVELOPMENT

10 ACT OF 1992.—Section 1313(a)(3) of the Housing 

11 and Community Development Act of 1992 (12 

12 U.S.C. 4513(a)(3)) is amended— 

13 (A) in the heading, by striking ‘‘CHAIR14 MAN’’ and inserting ‘‘CHAIR’’; 

15 (B) by striking ‘‘Chairman of the Board of 

16 Governors’’ each place such term appears and 

17 inserting ‘‘Chair of the Board of Governors’’; 

18 and 

19 (C) by striking ‘‘Chairman regarding’’ and 

20 inserting ‘‘Chair regarding’’. 

21 (14) INSPECTOR GENERAL ACT OF 1978.—Sec22 tion 8G of the Inspector General Act of 1978 is 

23 amended by striking ‘‘Chairman of the Board of 

24 Governors’’ each place such term appears and in25 serting ‘‘Chair of the Board of Governors’’. 


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1 (15) INTERNATIONAL LENDING SUPERVISION

2 ACT OF 1983.—Section 908(b)(3)(C) of the Inter3 national Lending Supervision Act of 1983 (12 

4 U.S.C. 3907(b)(3)(C)) is amended by striking 

5 ‘‘Chairman of the Board of Governors’’ and insert6 ing ‘‘Chair of the Board of Governors’’. 

7 (16) NEIGHBORHOOD REINVESTMENT COR8 PORATION ACT.—Section 604(a)(3) of the Neighbor9 hood Reinvestment Corporation Act (42 U.S.C. 

10 8103(a)(3)) is amended by striking ‘‘Chairman’’ 

11 each place it appears and inserting ‘‘Chair’’. 

12 (17) PUBLIC LAW 93–495.—Section 202(a)(1) of 

13 Public Law 93–495 (12 U.S.C. 2402(a)(1)) is 

14 amended— 

15 (A) by striking ‘‘Chairman of the Board of 

16 Governors’’ and inserting ‘‘Chair of the Board 

17 of Governors’’; and 

18 (B) by striking ‘‘his’’ and inserting ‘‘the 

19 Chair’s’’. 

20 (18) SARBANES-OXLEY ACT OF 2002.—Section 

21 101(e)(4)(A) of the Sarbanes-Oxley Act of 2002 (15 

22 U.S.C. 7211(e)(4)(A)) is amended by striking 

23 ‘‘Chairman of the Board of Governors’’ and insert24 ing ‘‘Chair of the Board of Governors’’. 


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1 (19) SECURITIES EXCHANGE ACT OF 1934.— 

2 Section 17A(f)(4)(C) of the Securities Exchange Act 

3 of 1934 (15 U.S.C. 78q–1(f)(4)(C)) is amended by 

4 striking ‘‘Chairman of the Board of Governors’’ and 

5 inserting ‘‘Chair of the Board of Governors’’. 

6 (20) TITLE 31.—Title 31, United States Code, 

7 is amended— 

8 (A) in section 1344(b)(7), by striking 

9 ‘‘Chairman of the Board of Governors’’ and in10 serting ‘‘Chair of the Board of Governors’’; and 

11 (B) in section 5318A, by striking ‘‘Chair12 man of the Board of Governors’’ each place 

13 such term appears and inserting ‘‘Chair of the 

14 Board of Governors’’. 

15 (21) TRADE ACT OF 1974.—Section 163(b)(3) of 

16 the Trade Act of 1974 (19 U.S.C. 2213(b)(3)) is 

17 amended by striking ‘‘Chairman of the Board of 

18 Governors’’ and inserting ‘‘Chair of the Board of 

19 Governors’’. 

20 (22) DEEMING OF NAME.—Any reference in a 

21 law, regulation, document, paper, or other record of 

22 the United States to the Chairman of the Board of 

23 Governors of the Federal Reserve System shall be 

24 deemed to be a reference to the Chair of the Board 

25 of Governors of the Federal Reserve System. 


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1 SEC. 6005. ALLOCATIONS UNDER NEW MARKETS TAX CRED2 IT MADE MORE COMPETITIVE. 

3 (a) IN GENERAL.—Section 45D(i) of the Internal 

4 Revenue Code of 1986 is amended by striking ‘‘and’’ at 

5 the end the paragraph (5), by striking the period at the 

6 end of paragraph (6) and inserting a comma, and by add7 ing at the end the following new paragraphs: 

8 ‘‘(7) which prioritize community financial insti9 tution CDEs with demonstrated records of having 

10 successfully provided capital or technical assistance 

11 to disadvantaged businesses or communities, 

12 ‘‘(8) which ensure that minority-owned qualified 

13 community development entities (as defined in sub14 section (c)(4)) receive a proportional allocation of 

15 new markets tax credit limitation for each calendar 

16 year, 

17 ‘‘(9) which ensure that CDFI CDEs receive a 

18 proportional allocation of new markets tax credit 

19 limitation for each calendar year, 

20 ‘‘(10) which establish an application review 

21 process consistent with the following categories that 

22 ensures that only entities within each category of 

23 qualified community development entity compete 

24 with one another for new markets tax credit limita25 tion: 

26 ‘‘(A) Emerging CDEs. 


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1 ‘‘(B) Community financial institution 

2 CDEs. 

3 ‘‘(C) CDFI CDEs. 

4 ‘‘(D) Large bank affiliated CDEs. 

5 ‘‘(E) Nonprofit CDEs. 

6 ‘‘(F) For-profit CDEs; and 

7 ‘‘(11) which prioritize partnerships between— 

8 ‘‘(A) large bank affiliated CDEs, and 

9 ‘‘(B) emerging CDEs, community financial 

10 institution CDEs, and CDFI CDEs.’’. 

11 (b) DEFINITIONS RELATED TO CATEGORIES OF

12 QUALIFIED COMMUNITY DEVELOPMENT ENTITIES.—Sec13 tion 45D(c) of the Internal Revenue Code of 1986 is 

14 amended by adding at the end the following new para15 graphs: 

16 ‘‘(3) CATEGORIES OF QUALIFIED COMMUNITY

17 DEVELOPMENT ENTITIES.—For purposes of this sec18 tion— 

19 ‘‘(A) EMERGING CDE.—The term ‘emerg20 ing CDE’ means a qualified community devel21 opment entity which— 

22 ‘‘(i) has never received an allocation 

23 of new markets tax credit limitation under 

24 subsection (f), and 


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1 ‘‘(ii) is not a for-profit CDE or large 

2 bank affiliated CDE. 

3 ‘‘(B) COMMUNITY FINANCIAL INSTITUTION

4 CDE.—The term ‘community financial institu5 tion CDE’ means a qualified community devel6 opment entity which— 

7 ‘‘(i) is, or is affiliated with, a financial 

8 institution which— 

9 ‘‘(I) is not a certified community 

10 development financial institution, and 

11 ‘‘(II) has less than 

12 $1,000,000,000 in assets, 

13 ‘‘(ii) has received one or more pre14 vious allocations of new markets tax credit 

15 limitation under subsection (f), and 

16 ‘‘(iii) is not a CDFI CDE or large 

17 bank affiliated CDE. 

18 ‘‘(C) CDFI CDE.— 

19 ‘‘(i) IN GENERAL.—The term ‘CDFI 

20 CDE’ means a qualified community devel21 opment entity which— 

22 ‘‘(I) is, or is affiliated with, a 

23 certified community development fi24 nancial institution, 


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1 ‘‘(II) has received one or more 

2 previous allocations of new markets 

3 tax credit limitation under subsection 

4 (f), and 

5 ‘‘(III) is not a large bank affili6 ated CDE. 

7 ‘‘(ii) CERTIFIED COMMUNITY DEVEL8 OPMENT FINANCIAL INSTITUTION.—The 

9 term ‘certified community development fi10 nancial institution’ means an entity which 

11 is certified by the Secretary as a commu12 nity development financial institution for 

13 purposes of the community development fi14 nancial institutions fund. 

15 ‘‘(D) LARGE BANK AFFILIATED CDE.—The 

16 term ‘large bank affiliated CDE’ means a quali17 fied community development entity is affiliated 

18 with a financial institution which— 

19 ‘‘(i) has $1,000,000,000 or more in 

20 assets, and 

21 ‘‘(ii) is not a CDFI CDE. 

22 ‘‘(E) NONPROFIT CDE.—The term ‘non23 profit CDE’ means a qualified community de24 velopment entity which— 


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1 ‘‘(i) is described in section 501(c) and 

2 exempt from tax under section 501(a), 

3 ‘‘(ii) was created or organized for the 

4 purpose of being a qualified community de5 velopment entity, and 

6 ‘‘(iii) is not a community financial in7 stitution CDE, CDFI CDE, or large bank 

8 affiliated CDE. 

9 ‘‘(F) FOR-PROFIT CDE.—The term ‘for10 profit CDE’ means any qualified community de11 velopment entity which is not a community fi12 nancial institution CDE, CDFI CDE, large 

13 bank affiliated CDE, or nonprofit CDE. 

14 ‘‘(4) MINORITY-OWNED QUALIFIED COMMUNITY

15 DEVELOPMENT ENTITY.—For purposes of this sec16 tion— 

17 ‘‘(A) IN GENERAL.—The term ‘minority18 owned qualified community development entity’ 

19 means any qualified community development 

20 entity if not less than 51 percent of such entity 

21 is owned by one or more individuals described 

22 in subparagraph (B). 

23 ‘‘(B) INDIVIDUALS DESCRIBED.—An indi24 vidual is described in this subparagraph if such 

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1 ican, Asian Pacific American, Subcontinent 

2 Asian American, or Native American.’’. 

3 (c) LIMITATIONS ON REPEAT ALLOCATIONS TO SAME

4 COMMUNITY DEVELOPMENT ENTITIES.—Section 45D(f) 

5 of the Internal Revenue Code of 1986 is amended by re6 designating paragraph (3) as paragraph (4) and by insert7 ing after paragraph (2) the following new paragraph: 

8 ‘‘(3) LIMITATIONS ON REPEAT ALLOCATIONS.— 

9 ‘‘(A) TWO-YEAR COOLING OFF PERIOD IF

10 TWO CONSECUTIVE ALLOCATIONS.—If a quali11 fied community development entity receives al12 locations under paragraph (2) for two consecu13 tive calendar years, the Secretary shall not 

14 make an allocation under paragraph (2) to such 

15 entity (or any entity affiliated with such entity) 

16 for either of the two calendar years following 

17 the two consecutive calendar years with respect 

18 to which allocations were made. 

19 ‘‘(B) SHARED ALLOCATIONS AFTER

20 REACHING DOLLAR LIMITATION.—The Sec21 retary shall not make any allocation under 

22 paragraph (2) to a qualified community devel23 opment entity for any calendar year if the ag24 gregate allocations made by the Secretary under 

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1 filiated with such entity) for all prior calendar 

2 years exceed $100,000,000. 

3 ‘‘(C) EXCEPTION FOR PARTNERSHIPS

4 WITH SPECIFIED COMMUNITY DEVELOPMENT

5 ENTITIES.— 

6 ‘‘(i) IN GENERAL.—Subparagraphs 

7 (A) and (B) shall not apply to a qualified 

8 community development entity for any cal9 endar year if— 

10 ‘‘(I) such qualified community 

11 development entity has entered into a 

12 partnership with a specified commu13 nity development entity to carry out 

14 the purposes of this section with re15 spect to such calendar year, 

16 ‘‘(II) neither subparagraph (A) 

17 nor (B) (determined without regard to 

18 this subparagraph) prevent the Sec19 retary from making allocations to 

20 such specified community development 

21 entity for such calendar year, and 

22 ‘‘(III) the Secretary makes an al23 location under paragraph (2) to such 

24 specified community development enti25 ty for such calendar year in an 


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1 amount which is not less than 50 per2 cent of the allocation made under 

3 paragraph (2) for such calendar year 

4 to the qualified community develop5 ment entity referred to in the matter 

6 preceding clause (i). 

7 ‘‘(ii) SPECIFIED COMMUNITY DEVEL8 OPMENT ENTITY.—For purposes of this 

9 paragraph, the term ‘specified community 

10 development entity’ means any qualified 

11 community development entity which— 

12 ‘‘(I) is an emerging CDE, com13 munity financial institution CDE, or 

14 CDFI CDE, and 

15 ‘‘(II) was not (prior to entering 

16 into the partnership for purposes of 

17 clause (i) or paragraph (4)) affiliated 

18 with the qualified community develop19 ment entity referred to in the matter 

20 preceding clause (i).’’. 

21 (d) LARGE BANK AFFILIATED CDES REQUIRED TO

22 PARTNER WITH SPECIFIED COMMUNITY DEVELOPMENT

23 ENTITY.—Section 45D(f) of the Internal Revenue Code 

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1 designating paragraph (4) as paragraph (5) and by insert2 ing after paragraph (3) the following new paragraph: 

3 ‘‘(4) LARGE BANK AFFILIATED CDES REQUIRED

4 TO PARTNER WITH SPECIFIED COMMUNITY DEVEL5 OPMENT ENTITY.—The Secretary shall not make 

6 any allocation under paragraph (2) to a large bank 

7 affiliated CDE for any calendar year unless the re8 quirements of subclauses (I), (II), (III) of paragraph 

9 (3)(C)(i) are met for such calendar year applied by 

10 substituting ‘20 percent’ for ‘50 percent’ in sub11 clause (III) thereof.’’. 

12 (e) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to allocations made by the Sec14 retary of the Treasury, or his designee, after the date 

15 which is 1 year after the date of the enactment of this 

16 Act. 

17 SEC. 6006. EXTENSION AND IMPROVEMENT OF NEW MAR18 KETS TAX CREDIT. 

19 (a) EXTENSION.—Section 45D(f)(1) of the Internal 

20 Revenue Code of 1986 is amended by adding ‘‘, and’’ at 

21 the end of subparagraph (F), by striking the period at 

22 the end of subparagraph (G) and inserting ‘‘, and’’, and 

23 by adding at the end the following new subparagraph: 

24 ‘‘(H) $10,000,000,000 for each of calendar 

25 years 2020 through 2029.’’. 


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1 (b) DEGREE OF DISTRESS OF TARGETED COMMU2 NITY TAKEN INTO ACCOUNT IN MAKING ALLOCATIONS.— 

3 (1) IN GENERAL.—Section 45D(f)(2) of such 

4 Code is amended by inserting the following after the 

5 first sentence: ‘‘In making allocations under this 

6 paragraph, the Secretary shall take into account the 

7 entity’s business strategy, community impact, man8 agement capacity, and capitalization strategy, and 

9 the degree of distress of the communities served by 

10 the entity.’’. 

11 (2) CONFORMING AMENDMENT.—Section 

12 45D(f)(2) of such Code is amended by striking 

13 ‘‘under the preceding sentence’’ and inserting 

14 ‘‘under this paragraph’’. 

15 (c) INCREASED CREDIT FOR INVESTMENTS IN COM16 MUNITY DEVELOPMENT ENTITIES SERVING DISTRESSED

17 COMMUNITIES.—Section 45D of such Code is amended by 

18 redesignating subsections (h) and (i) as subsections (i) 

19 and (j), respectively, and by inserting after subsection (g) 

20 the following new subsection: 

21 ‘‘(h) INCREASED CREDIT FOR INVESTMENTS IN COM22 MUNITY DEVELOPMENT ENTITIES SERVING DISTRESSED

23 COMMUNITIES.— 

24 ‘‘(1) IN GENERAL.—In the case of a qualified 

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1 nity development entity, subsection (a)(2) shall be 

2 applied— 

3 ‘‘(A) by substituting ‘6 percent’ for ‘5 per4 cent’ in subparagraph (A), and 

5 ‘‘(B) by substituting ‘7 percent’ for ‘6 per6 cent’ in subparagraph (B). 

7 ‘‘(2) QUALIFIED DISTRESSED COMMUNITY DE8 VELOPMENT ENTITY.—For purposes of this sub9 section— 

10 ‘‘(A) IN GENERAL.—The term ‘qualified 

11 distressed community development entity’ 

12 means any qualified community development 

13 entity if— 

14 ‘‘(i) a substantial portion of the serv15 ices and investment capital provided by 

16 such entity is provided with respect to dis17 tressed communities, and 

18 ‘‘(ii) such entity is certified by the 

19 Secretary for purposes of this section as 

20 being a qualified distressed community de21 velopment entity. 

22 ‘‘(B) DISTRESSED COMMUNITY.—The term 

23 ‘distressed community’ means any population 

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1 in the meaning of subsection (e)(3)) which 

2 would be a low-income community if— 

3 ‘‘(i) subsection (e)(1)(A) were applied 

4 by substituting ‘30 percent’ for ‘20 per5 cent’, and 

6 ‘‘(ii) subsection (e)(1)(B) were applied 

7 by substituting ‘60 percent’ for ‘80 per8 cent’ each place it appears.’’. 

9 (d) EFFECTIVE DATES.— 

10 (1) EXTENSION.—The amendments made by 

11 subsection (a) shall apply to calendar years after 

12 2019. 

13 (2) DEGREE OF DISTRESS OF TARGETED COM14 MUNITY TAKEN INTO ACCOUNT IN MAKING ALLOCA15 TIONS.—The amendments made by subsection (b) 

16 shall apply to allocations made by the Secretary 

17 after the date of the enactment of this Act. 

18 (3) INCREASED CREDIT FOR INVESTMENTS IN

19 COMMUNITY DEVELOPMENT ENTITIES SERVING DIS20 TRESSED COMMUNITIES.—The amendments made by 

21 subsection (c) shall apply to qualified equity invest22 ments acquired at original issue after the date of the 

23 enactment of this Act. 


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1 TITLE VII—HOUSING AND ASSET 

2 BUILDING 

3 SEC. 7001. SENSE OF CONGRESS REGARDING THE RIGHT 

4 OF ALL RENTERS TO A SAFE, AFFORDABLE, 

5 AND DECENT HOME. 

6 (a) CONGRESSIONAL FINDINGS.—The Congress finds 

7 that— 

8 (1) housing is a basic human right; 

9 (2) evidence-based research has shown that 

10 families with safe, decent, and affordable homes are 

11 better able to find employment, achieve economic 

12 mobility, perform better in school, and maintain im13 proved health; 

14 (3) investing in affordable housing strengthens 

15 our economy, creates jobs, boosts families’ incomes, 

16 and encourages further development; 

17 (4) far too many families living in urban, sub18 urban, and rural communities struggle to afford 

19 their rent each month, putting them at increased 

20 risk of eviction and homelessness; 

21 (5) according to the Department of Housing 

22 and Urban Development (HUD) point-in-time count 

23 of 2016, there were 549,928 people in the United 

24 States experiencing homelessness on any given night, 

25 including over 120,000 children; 


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1 (6) homelessness has become so pervasive that 

2 some States and cities have declared that homeless3 ness has reached a state of emergency; 

4 (7) major progress towards the national goals 

5 for ending homelessness in our Nation has stalled in 

6 the absence of increased funding; 

7 (8) a shortage of affordable housing exists in 

8 every State and major metropolitan area; 

9 (9) a full-time worker earning the Federal min10 imum wage cannot afford a modest two-bedroom 

11 apartment in any State, metropolitan area, or coun12 ty in the United States; 

13 (10) over half of all renters are cost-burdened, 

14 paying more than 30 percent of their income for 

15 housing, and 71 percent of extremely low-income 

16 households are severely cost-burdened, paying more 

17 than half of their income for housing; 

18 (11) rapidly rising rents across the country 

19 have pushed many long-time residents and families 

20 out of the communities they call home; 

21 (12) closed waiting lists and long waits mean 

22 only a quarter of the families who qualify for hous23 ing assistance actually receive it; 

24 (13) the role of Federal affordable housing in25 vestments is even more important given the limited 


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1 ability of the private market alone to address these 

2 needs; 

3 (14) various programs at the Department of 

4 Housing and Urban Development help to subsidize 

5 housing for more than 4,000,000 low-income fami6 lies, including the Public Housing program, the Sec7 tion 8 Housing Choice Vouchers (HCV) program, 

8 the Section 8 Project-Based Rental Assistance pro9 gram, the Section 202 Supportive Housing for the 

10 Elderly program, the Section 811 Supportive Hous11 ing for Persons with Disabilities program, and the 

12 Housing Opportunities for Persons with AIDS 

13 (HOPWA) program; 

14 (15) despite leveraging billions of dollars in pri15 vate resources to preserve and expand the supply of 

16 affordable housing, affordable housing programs 

17 continue to be chronically underfunded despite their 

18 success at providing safe housing to families in need; 

19 (16) chronic underfunding of the Public Hous20 ing Capital Fund has led to a backlog of more than 

21 $26,000,000,000 in capital repairs and deteriorating 

22 conditions for residents; 

23 (17) without Federal investments, many more 

24 families would be homeless, living in substandard or 

25 overcrowded conditions, or struggling to meet other 


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1 basic needs because too much of their limited income 

2 would be used to pay rent; 

3 (18) low Federal spending caps required by the 

4 Budget Control Act of 2011 (Public Law 112–25) 

5 have decreased funding for affordable housing and 

6 community development programs; 

7 (19) these austere spending caps threaten af8 fordable housing and community development for 

9 millions of low income families; 

10 (20) even renters with housing subsidies often 

11 face barriers to finding housing providers willing to 

12 rent to them; 

13 (21) under current Federal law, housing dis14 crimination against a renter is illegal if it is based 

15 on race, color, religion, sex, familial status, national 

16 origin, or disability; 

17 (22) renters should be protected against hous18 ing discrimination through stronger enforcement of 

19 fair housing laws; and 

20 (23) despite various clarifying memos from 

21 HUD, the re-entry community continues to face bar22 riers in trying to secure access to federally assisted 

23 housing. 

24 (b) SENSE OF CONGRESS.—The Congress hereby— 


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1 (1) supports lifting the spending caps required 

2 by the Budget Control Act of 2011 and robustly 

3 funding programs to increase access to affordable 

4 housing and address homelessness at the Depart5 ment of Housing and Urban Development (HUD) 

6 and other Federal agencies; 

7 (2) opposes any cuts to Federal investments in 

8 affordable housing programs at the Department of 

9 Housing and Urban Development and other Federal 

10 agencies; 

11 (3) supports increased funding to the Public 

12 Housing Capital Fund to address the backlog of 

13 capital repairs for public housing; 

14 (4) supports expanded funding for the National 

15 Housing Trust Fund to boost the supply of afford16 able housing available to extremely low-income fami17 lies; 

18 (5) supports efforts to preserve and rehabilitate 

19 existing housing to maintain and increase the avail20 able stock of affordable housing and proposals by 

21 local entities to prevent any net loss of overall af22 fordable housing units receiving Federal subsidies; 

23 (6) supports strengthened Federal fair housing 

24 laws; 


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1 (7) affirms that renters may not be barred from 

2 federally assisted housing solely on the basis of a 

3 criminal record; 

4 (8) supports expansion of renters’ rights, in5 cluding the right of tenants to organize tenant asso6 ciations; and 

7 (9) affirms that housing is a basic human right. 

8 Subtitle A—A Path to Ending 

9 Homelessness 

10 SEC. 7101. CONGRESSIONAL FINDINGS. 

11 The Congress finds that— 

12 (1) although the United States has experienced 

13 a reduction in veteran homelessness after a surge of 

14 new Federal funding targeted to homeless veterans 

15 starting in fiscal year 2008, major progress towards 

16 the national goals for ending homelessness in our 

17 Nation has virtually stalled in the absence of in18 creased funding; 

19 (2) according to the Department of Housing 

20 and Urban Development’s 2016 point-in-time count, 

21 there were 549,928 people experiencing homeless22 ness in the United States on any given night, includ23 ing over 120,000 children; 

24 (3) homelessness in many communities has 

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1 clared that homelessness has reached a state of 

2 emergency; and 

3 (4) the Federal Government must renew its 

4 commitment to the national goals to end homeless5 ness. 

6 SEC. 7102. EMERGENCY RELIEF FUNDING. 

7 Title IV of the McKinney-Vento Homeless Assistance 

8 Act (42 U.S.C. 11360 et seq) is amended— 

9 (1) by redesignating section 491 (42 U.S.C. 

10 11408; relating to rural housing stability grant pro11 gram) as section 441; 

12 (2) by redesignating section 592 (42 U.S.C. 

13 11408a; relating to use of FMHA inventory for 

14 transitional housing for homeless persons and for 

15 turnkey housing) as section 442; and 

16 (3) by adding at the end the following new sub17 title: 

18 ‘‘Subtitle E—5-Year Path to End 

19 Homelessness 

20 ‘‘SEC. 451. EMERGENCY RELIEF FUNDING. 

21 ‘‘(a) DIRECT APPROPRIATIONS.—There is appro22 priated out of any money in the Treasury not otherwise 

23 appropriated for each of fiscal years 2019 through 2023, 

24 $1,000,000,000, to remain available until expended, for 

25 emergency relief grants under this section to address the 


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1 unmet needs of homeless populations in jurisdictions with 

2 the highest need. 

3 ‘‘(b) FORMULA GRANTS.— 

4 ‘‘(1) ALLOCATION.—Amounts appropriated 

5 under subsection (a) for a fiscal year shall be allo6 cated among collaborative applicants that comply 

7 with section 402, in accordance with the funding for8 mula established under paragraph (2) of this sub9 section. 

10 ‘‘(2) FORMULA.—The Secretary shall, in con11 sultation with the United States Interagency Council 

12 on Homeless, establish a formula for allocating 

13 grant amounts under this section to address the 

14 unmet needs of homeless populations in jurisdictions 

15 with the highest need, using the best currently avail16 able data that targets need based on key structural 

17 determinants of homelessness in the geographic area 

18 represented by a collaborative applicant, which shall 

19 include data providing accurate counts of— 

20 ‘‘(A) the poverty rate in the geographic 

21 area represented by the collaborative applicant; 

22 ‘‘(B) shortages of affordable housing for 

23 low-, very low-, and extremely low-income 

24 households in the geographic area represented 

25 by the collaborative applicant; 


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1 ‘‘(C) the number of overcrowded housing 

2 units in the geographic area represented by the 

3 collaborative applicant; 

4 ‘‘(D) the number of unsheltered homeless 

5 individuals and the number of chronically home6 less individuals; and 

7 ‘‘(E) any other factors that the Secretary 

8 considers appropriate. 

9 ‘‘(3) GRANTS.—For each fiscal year for which 

10 amounts are made available under subsection (a), 

11 the Secretary shall make a grant to each collabo12 rative applicant for which an amount is allocated 

13 pursuant to application of the formula established 

14 pursuant to paragraph (2) of this subsection in an 

15 amount that is equal to the formula amount deter16 mined for such collaborative applicant. 

17 ‘‘(4) TIMING.— 

18 ‘‘(A) FORMULA TO BE DEVISED SWIFT19 LY.—The funding formula required under para20 graph (2) shall be established not later than 60 

21 days after the date of enactment of this section. 

22 ‘‘(B) DISTRIBUTION.—Amounts appro23 priated or otherwise made available under this 

24 section shall be distributed according to the 

25 funding formula established pursuant to paraVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 graph (2) not later than 30 days after the es2 tablishment of such formula. 

3 ‘‘(c) USE OF GRANTS.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

5 through (4), a collaborative applicant that receives a 

6 grant under this section may use such grant 

7 amounts only for eligible activities under section 

8 415, 423, or 441(b). 

9 ‘‘(2) PERMANENT SUPPORTIVE HOUSING RE10 QUIREMENT.— 

11 ‘‘(A) REQUIREMENT.—Except as provided 

12 in subparagraph (B), each collaborative appli13 cant that receives a grant under this section 

14 shall use not less than 75 percent of such grant 

15 amount for permanent supportive housing, in16 cluding capital costs, rental subsidies, and serv17 ices. 

18 ‘‘(B) EXEMPTION.—The Secretary shall 

19 exempt a collaborative applicant from the appli20 cability of the requirement under subparagraph 

21 (A) if the applicant demonstrates, in accordance 

22 with such standards and procedures as the Sec23 retary shall establish, that— 


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1 ‘‘(i) chronic homelessness has been 

2 functionally eliminated in the geographic 

3 area served by the applicant; or 

4 ‘‘(ii) the permanent supportive hous5 ing under development in the geographic 

6 area served by the applicant is sufficient to 

7 functionally eliminate chronic homelessness 

8 once such units are available for occu9 pancy. 

10 The Secretary shall consider and make a deter11 mination regarding each request for an exemp12 tion under this subparagraph not later than 60 

13 days after receipt of such request. 

14 ‘‘(3) LIMITATION ON USE FOR ADMINISTRATIVE

15 EXPENSES.—Not more than 5 percent of the total 

16 amount of any grant under this section to a collabo17 rative applicant may be used for costs of administra18 tion. 

19 ‘‘(4) HOUSING FIRST REQUIREMENT.—The Sec20 retary shall ensure that each collaborative applicant 

21 that receives a grant under this section is imple22 menting, to the extent possible, and will use such 

23 grant amounts in accordance with, a Housing First 

24 model for assistance for homeless persons. 


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1 ‘‘(d) RENEWAL FUNDING.—Expiring contracts for 

2 leasing, rental assistance, or permanent housing shall be 

3 treated, for purposes of section 429, as expiring contracts 

4 referred to in subsection (a) of such section. 

5 ‘‘(e) REPORTING TO CONGRESS.— 

6 ‘‘(1) INITIAL REPORT.—Not later than Sep7 tember 1, 2017, the Secretary and the United States 

8 Interagency Council on Homelessness shall submit a 

9 report to the Committees on Financial Services and 

10 Appropriations of the House of Representatives and 

11 the Committees on Banking, Housing, and Urban 

12 Affairs and Appropriations of the Senate describing 

13 the design and implementation of the grant program 

14 under this section, which shall include the formula 

15 required by subsection (b)(2). 

16 ‘‘(2) SEMIANNUAL STATUS REPORTS.— 

17 ‘‘(A) REPORTS TO CONGRESS.—The Sec18 retary and the United States Interagency Coun19 cil on Homelessness shall submit reports to the 

20 Committees specified in paragraph (1) semi21 annually describing the operation of the grant 

22 program under this section during the pre23 ceding 6 months, including identification of the 

24 grants made and a description of the activities 

25 funded with grant amounts. 


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1 ‘‘(B) COLLECTION OF INFORMATION BY

2 SECRETARY.—The Secretary shall require each 

3 collaborative applicant that receives a grant 

4 under this section to submit such information 

5 to the Secretary as may be necessary for the 

6 Secretary to comply with the reporting require7 ment under subparagraph (A). 

8 ‘‘SEC. 452. SPECIAL PURPOSE VOUCHERS. 

9 ‘‘(a) DIRECT APPROPRIATION.—There is appro10 priated out of any money in the Treasury not otherwise 

11 appropriated for each of fiscal years 2019 through 2023, 

12 $500,000,000, to remain available until expended, which 

13 shall be used as follows: 

14 ‘‘(1) RENTAL ASSISTANCE.—Except as provided 

15 in paragraph (2), such amount shall be used for in16 cremental assistance for rental assistance under sec17 tion 8(o) of the United States Housing Act of 1937 

18 (42 U.S.C. 1437f(o)) for persons and households 

19 who are homeless (as such term is defined in section 

20 103 (42 U.S.C. 11302)), which assistance shall be in 

21 addition to such assistance provided pursuant to re22 newal of expiring contracts for such assistance. 

23 ‘‘(2) ADMINISTRATIVE FEES.—The Secretary 

24 may use not more than 10 percent of such amounts 

25 provided for each fiscal year for administrative fees 


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1 under 8(q) of the United States Housing Act of 

2 1937 (42 U.S.C. 1437f(q)). The Secretary shall es3 tablish policies and procedures to provide such fees 

4 to the extent necessary to assist homeless persons 

5 and families on whose behalf rental assistance is 

6 provided to find and maintain suitable housing. 

7 ‘‘(b) ALLOCATION.—The Secretary shall make assist8 ance provided under this section available to public hous9 ing agencies based on geographical need for such assist10 ance by homeless persons and households, as identified by 

11 the Secretary, public housing agency administrative per12 formance, and other factors as specified by the Secretary. 

13 ‘‘(c) AVAILABILITY.—Assistance made available 

14 under this section shall continue to remain available only 

15 for homeless persons and households upon turn-over. 

16 ‘‘(d) RENEWAL FUNDING.—Renewal of expiring con17 tracts for rental assistance provided under subsection (a) 

18 and for administrative fees under such subsection shall, 

19 to the extent provided in appropriation Acts, be funded 

20 under the section 8 tenant-based rental assistance ac21 count. 

22 ‘‘(e) WAIVER AUTHORITY.—Upon a finding by the 

23 Secretary that a waiver or alternative requirement pursu24 ant to this subsection is necessary to ensure that homeless 

25 persons and households can obtain housing using rental 


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1 assistance made available under this section, the Secretary 

2 may waive, or specify alternative requirements for, any 

3 provision of any statute or regulation that the Secretary 

4 administers in connection with the use of funds made 

5 available under this section (except for requirements re6 lated to fair housing, nondiscrimination, labor standards, 

7 and the environment) that relates to screening of appli8 cants for assistance, admission of applicants, and selection 

9 of tenants. The Secretary shall require public housing 

10 agencies receiving rental assistance funding made avail11 able under this section to take all reasonable actions to 

12 help assisted persons and families avoid subsequent home13 lessness. 

14 ‘‘SEC. 453. OUTREACH FUNDING. 

15 ‘‘(a) DIRECT APPROPRIATION.—There is appro16 priated out of any money in the Treasury not otherwise 

17 appropriated for each of fiscal years 2019 through 2023, 

18 $100,000,000, to remain available until expended, to the 

19 Secretary for grants under this section to provide outreach 

20 and coordinate services for persons and households who 

21 are homeless or formerly homeless. 

22 ‘‘(b) GRANTS.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall make 

24 grants under this section on a competitive basis only 


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1 to collaborative applicants who comply with section 

2 402. 

3 ‘‘(2) PRIORITY.—The competition for grants 

4 under this section shall provide priority to collabo5 rative applicants who submit plans to make innova6 tive and effective use of staff funded with grant 

7 amounts pursuant to subsection (c). 

8 ‘‘(c) USE OF GRANTS.—A collaborative applicant 

9 that receives a grant under this section may use such 

10 grant amounts only for providing case managers, social 

11 workers, or other staff who conduct outreach and coordi12 nate services for persons and households who are homeless 

13 or formerly homeless. 

14 ‘‘(d) TIMING.— 

15 ‘‘(1) CRITERIA TO BE ESTABLISHED SWIFT16 LY.—The Secretary shall establish the criteria for 

17 the competition for grants under this section re18 quired under subsection (b) not later than 60 days 

19 after the date of enactment of this section. 

20 ‘‘(2) DISTRIBUTION.—Amounts appropriated or 

21 otherwise made available under this section shall be 

22 distributed according to the competition established 

23 by the Secretary pursuant to subsection (b) not later 

24 than 30 days after the establishment of such cri25 teria.’’. 


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1 SEC. 7103. HOUSING TRUST FUND. 

2 (a) FUNDING.— 

3 (1) ANNUAL FUNDING.—There is appropriated, 

4 out of any money in the Treasury not otherwise ap5 propriated, for fiscal year 2019 and each fiscal year 

6 thereafter, $1,000,000,000, to remain available until 

7 expended, which shall be credited to the Housing 

8 Trust Fund established pursuant to section 1338 of 

9 the Federal Housing Enterprises Financial Safety 

10 and Soundness Act of 1992 (12 U.S.C. 4568) for 

11 use under such section. 

12 (2) RENTAL ASSISTANCE.—There is appro13 priated, out of any money in the Treasury not other14 wise appropriated, for fiscal year 2019 and each fis15 cal year thereafter, $50,000,000, to remain available 

16 until expended, for incremental project-based vouch17 er assistance or project-based rental assistance, to 

18 be allocated to States pursuant to the formula estab19 lished under section 1338 of the Federal Housing 

20 Enterprises Financial Safety and Soundness Act of 

21 1992 (12 U.S.C. 4568), to be used solely in conjunc22 tion with grant funds awarded under such section 

23 1338. 

24 (3) PRIORITY FOR HOUSING THE HOMELESS.— 

25 (A) PRIORITY.—During the first 5 fiscal 

26 years that amounts are made available under 


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1 this subsection, the Secretary of Housing and 

2 Urban Development shall ensure that priority 

3 for occupancy in dwelling units described in 

4 subparagraph (B) that become available for oc5 cupancy shall be given to persons and house6 holds who are homeless (as such term is defined 

7 in section 103 of the McKinney-Vento Homeless 

8 Assistance Act (42 U.S.C. 11302)). 

9 (B) COVERED DWELLING UNITS.—A dwell10 ing unit described in this subparagraph is any 

11 dwelling unit that— 

12 (i) is located in housing that was at 

13 any time provided assistance with any 

14 amounts from the Housing Trust Fund re15 ferred to paragraph (1) that were credited 

16 to such Trust Fund by such paragraph; or 

17 (ii) is receiving assistance described in 

18 paragraph (2) with amounts made avail19 able under such paragraph. 

20 (b) TENANT RENT CONTRIBUTION.— 

21 (1) LIMITATION.—Subparagraph (A) of section 

22 1338(c)(7) of the Federal Housing Enterprises Fi23 nancial Safety and Soundness Act of 1992 (12 

24 U.S.C. 4568(c)(7)(A)) is amended— 


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1 (A) by striking ‘‘except that not less than 

2 75 percent’’ and inserting the following: ‘‘except 

3 that— 

4 ‘‘(i) not less than 75 percent’’; 

5 (B) by adding at the end the following new 

6 clause: 

7 ‘‘(ii) notwithstanding any other provi8 sion of law, all rental housing dwelling 

9 units shall be subject to legally binding 

10 commitments that ensure that the con11 tribution toward rent by a family residing 

12 in the dwelling unit shall not exceed 30 

13 percent of the adjusted income (as such 

14 term is defined in section 3(b) of the 

15 United States Housing Act of 1937 (42 

16 U.S.C. 1437a(b))) of such family; and’’. 

17 (2) REGULATIONS.—The Secretary of Housing 

18 and Urban Development shall issue regulations to 

19 implement section 1338(c)(7)(A)(ii) of the Federal 

20 Housing Enterprises Financial Safety and Sound21 ness Act of 1992, as added by the amendment made 

22 by paragraph (1)(B) of this section, not later than 

23 the expiration of the 90-day period beginning on the 

24 date of the enactment of this Act. 


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1 SEC. 7104. TECHNICAL ASSISTANCE FUNDS TO HELP 

2 STATES AND LOCAL ORGANIZATIONS ALIGN 

3 HEALTH AND HOUSING SYSTEMS. 

4 (a) FUNDING.—There is hereby made available to the 

5 Secretary of Housing and Urban Development 

6 $20,000,000, to remain available until expended, for pro7 viding technical assistance under section 405 of the 

8 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

9 11361(b)) in connection with expanding the Healthcare 

10 and Housing (H2) Systems Integration Initiative of the 

11 Secretary of Housing and Urban Development, in collabo12 ration with the United States Interagency Council on 

13 Homelessness and the Secretary of Health and Human 

14 Services. 

15 (b) USE.—In expanding the Initiative referred to in 

16 subsection (a), the Secretary shall seek to— 

17 (1) assist States and localities in integrating 

18 and aligning policies and funding between Medicaid 

19 programs, behavioral health providers, and housing 

20 providers to create supportive housing opportunities; 

21 and 

22 (2) engage State Medicaid program directors, 

23 Governors, State housing and homelessness agencies, 

24 any other relevant State offices, and any relevant 

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1 ing use of their Medicaid programs to finance sup2 portive services for homeless persons. 

3 (c) PRIORITY.—In using amounts made available 

4 under this section, the Secretary shall give priority to use 

5 for States and localities having the highest numbers of 

6 chronically homeless persons. 

7 SEC. 7105. PERMANENT AUTHORIZATION OF APPROPRIA8 TIONS FOR MCKINNEY-VENTO HOMELESS AS9 SISTANCE ACT GRANTS. 

10 Section 408 of the McKinney-Vento Homeless Assist11 ance Act (42 U.S.C. 11364) is amended to read as follows: 

12 ‘‘SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated to carry out 

14 this title such sums as may be necessary for each fiscal 

15 year.’’. 

16 SEC. 7106. PERMANENT EXTENSION OF UNITED STATES 

17 INTERAGENCY COUNCIL ON HOMELESSNESS. 

18 Section 209 of the McKinney-Vento Homeless Assist19 ance Act (42 U.S.C. 11319) is hereby repealed. 

20 SEC. 7107. EMERGENCY DESIGNATION. 

21 (a) IN GENERAL.—The amounts provided by this 

22 subtitle, and the amendments made by this subtitle, are 

23 designated as an emergency requirement pursuant to sec24 tion 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 

25 U.S.C. 933(g)). 


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1 (b) DESIGNATION IN SENATE.—In the Senate, this 

2 subtitle and the amendments made by this subtitle are 

3 designated as an emergency requirement pursuant to sec4 tion 403(a) of S. Con. Res. 13 (111th Congress), the con5 current resolution on the budget for fiscal year 2010. 

6 Subtitle B—Tenant Blacklisting 

7 SEC. 7201. TENANT BLACKLISTING. 

8 (a) DEFINITIONS.—In this section— 

9 (1) the terms ‘‘consumer’’, ‘‘consumer report’’, 

10 and ‘‘nationwide specialty consumer reporting agen11 cy’’ have the meanings given those terms in section 

12 603 of the Fair Credit Reporting Act (15 U.S.C. 

13 1681a); and 

14 (2) the term ‘‘tenant rating agency’’ means a 

15 nationwide specialty consumer reporting agency de16 scribed in section 603(x)(2) of the Fair Credit Re17 porting Act (15 U.S.C. 1681a(x)(2)). 

18 (b) AMENDMENTS TO THE FAIR CREDIT REPORTING

19 ACT.—The Fair Credit Reporting Act (15 U.S.C. 1601 

20 et seq.) is amended— 

21 (1) in section 605 (15 U.S.C. 1681c), by adding 

22 at the end the following: 

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1 taining a landlord-tenant court or other housing court 

2 record, unless— 

3 ‘‘(1) the case to which the record pertains re4 sulted in a judgment of possession; 

5 ‘‘(2) the decision of the court in the case to 

6 which the record pertains is not being appealed; and 

7 ‘‘(3) the record antedates the consumer report 

8 by not more than 3 years.’’; 

9 (2) in section 611(a) (15 U.S.C. 1681i(a))— 

10 (A) in paragraph (1)(A), by inserting ‘‘or 

11 by submitting a notice of the dispute through 

12 the centralized source described in section 

13 612(a)(1)(B) or the centralized source required 

14 to be established under section 721(c) of the 

15 Jobs and Justice Act of 2018’’ after ‘‘through 

16 a reseller’’; and 

17 (B) in paragraph (2)— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘or a reseller’’ 

20 and inserting ‘‘a reseller, or a central21 ized source’’; and 

22 (II) by striking ‘‘or reseller’’ and 

23 inserting ‘‘reseller, or centralized 

24 source’’; and 


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1 (ii) in subparagraph (B), by striking 

2 ‘‘or the reseller’’ and inserting ‘‘the re3 seller, or the centralized source’’; 

4 (3) in section 615 (15 U.S.C. 1681m), by add5 ing at the end the following: 

6 ‘‘(i) ADDITIONAL DUTY OF USERS TAKING ADVERSE

7 ACTIONS ON THE BASIS OF HOUSING COURT RECORDS

8 CONTAINED IN CONSUMER REPORTS.—If any person 

9 takes any adverse action with respect to a consumer that 

10 is based in whole or in part on a landlord-tenant court 

11 or other housing record contained in a consumer report, 

12 the person shall provide to the consumer a free copy of 

13 the consumer report used by the person in taking the ad14 verse action.’’; and 

15 (4) by adding at the end the following: 

16 ‘‘SEC. 630. CIVIL LIABILITY FOR CREATING REPORTS WITH 

17 INACCURATE HOUSING COURT RECORDS. 

18 ‘‘Any person who willfully makes a consumer report 

19 with respect to a consumer that contains an inaccurate 

20 landlord-tenant court or other housing record is liable to 

21 the consumer in an amount equal to the sum of— 

22 ‘‘(1) any actual damages sustained by the con23 sumer as a result of making that consumer report 

24 or damages of not less than $500 and not more than 

25 $1,500; 


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1 ‘‘(2) such amount of punitive damages as the 

2 court may allow; and 

3 ‘‘(3) in the case of any successful action to en4 force any liability under this section, the costs of the 

5 action together with reasonable attorney’s fees as de6 termined by the court.’’. 

7 (c) REGULATIONS APPLICABLE TO CLEARINGHOUSE

8 SYSTEM.—Not later than 1 year after the date of enact9 ment of this Act, the Bureau of Consumer Financial Pro10 tection shall issue regulations— 

11 (1) applicable to tenant rating agencies to re12 quire the establishment of— 

13 (A) a centralized source through which 

14 consumers may— 

15 (i) obtain a consumer report from 

16 each such tenant rating agency once dur17 ing any 12-month period, using a single re18 quest, and without charge to the consumer, 

19 as provided in section 612(a) of the Fair 

20 Credit Reporting Act (15 U.S.C. 

21 1681j(a)); and 

22 (ii) submit a notice of a dispute of in23 accurate information, as provided in sec24 tion 611(a) of the Fair Credit Reporting 

25 Act (15 U.S.C. 1681i(a)); and 


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1 (B) a standardized form for a consumer to 

2 make a request for a consumer report under 

3 subparagraph (A)(i) or submit a notice of dis4 pute under subparagraph (A)(ii) by mail or 

5 through an Internet website; and 

6 (2) to provide that a consumer may submit a 

7 notice of dispute of inaccurate information through 

8 the centralized source established in accordance with 

9 section 211(c) of the Fair and Accurate Credit 

10 Transactions Act of 2003 (15 U.S.C. 1681j note), as 

11 provided in section 611(a) of the Fair Credit Re12 porting Act (15 U.S.C. 1681i(a)), using the stand13 ardized form described in paragraph (1)(B). 

14 (d) REPORT.—Not later than 1 year after the date 

15 of enactment of this Act, the Bureau of Consumer Finan16 cial Protection shall conduct a study and submit to Con17 gress a report on the status of tenant rating agencies and 

18 the compliance of tenant rating agencies under the Fair 

19 Credit Reporting Act (15 U.S.C. 1601 et seq.), including 

20 a gap analysis of laws and resources to deter noncompli21 ance with the intent and purpose of the Fair Credit Re22 porting Act (15 U.S.C. 1601 et seq.). 


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1 SEC. 7202. CAPITAL FUND AMOUNTS FOR LARGE PUBLIC 

2 HOUSING AGENCIES. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any amounts authorized to be appropriated for for5 mula grants to public housing agencies from the Capital 

6 Fund pursuant to section 9(d)(2) of the United States 

7 Housing Act of 1937 (42 U.S.C. 1437g(d)(2)), there is 

8 authorized to be appropriated $4,000,000,000 for each of 

9 fiscal years 2018 through 2022 for the Public Housing 

10 Capital Fund Program under section 9(d) of the United 

11 States Housing Act of 1937 (42 U.S.C. 1437g(b)). 

12 (b) ELIGIBLE PUBLIC HOUSING AGENCIES.—Any 

13 amounts appropriated pursuant to this section shall be 

14 used by the Secretary of Housing and Urban Development 

15 only for grants to public housing agencies that own or ad16 minister more than 10,000 public housing dwelling units. 

17 (c) ELIGIBLE USES.—Funds from grants made with 

18 amounts appropriated pursuant to this section may be 

19 used only for eligible capital activities under section 

20 9(d)(1) of the United States Housing Act of 1937 (42 

21 U.S.C. 1437g(d)(1)). Section 9(g)(3) of such Act shall not 

22 apply to any such grant funds. 


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1 SEC. 7203. ASSISTANCE TO NEIGHBORWORKS FOR MORT2 GAGE FORECLOSURE MITIGATION ACTIVI3 TIES. 

4 There is authorized to be appropriated $5,000,000, 

5 for each of fiscal years 2018 through 2022 for assistance 

6 to the Neighborhood Reinvestment Corporation for mort7 gage foreclosure mitigation activities, under the following 

8 terms and conditions: 

9 (1) MORTGAGE FORECLOSURE MITIGATION

10 COUNSELING.— 

11 (A) The Neighborhood Reinvestment Cor12 poration (in this section referred to as the 

13 ‘‘NRC’’) may make grants under this para14 graph to counseling intermediaries approved by 

15 the Department of Housing and Urban Devel16 opment (in this section referred to as ‘‘HUD’’) 

17 (with match to be determined by NRC based on 

18 affordability and the economic conditions of an 

19 area; a match also may be waived by NRC 

20 based on the aforementioned conditions) to pro21 vide mortgage foreclosure mitigation assistance 

22 to the 15 States with highest rates of home 

23 mortgage defaults and foreclosures, as of Janu24 ary 1, 2018, to help eliminate the default and 

25 foreclosure of mortgages of owner-occupied sin26 gle-family homes that are at risk of such foreVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00414 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 closure and located in metropolitan statistical 

2 areas having the greatest such need. Other than 

3 areas with high rates of defaults and fore4 closures, grants may also be provided to ap5 proved counseling intermediaries based on a ge6 ographic analysis of the Nation by NRC which 

7 determines where there is a prevalence of mort8 gages that are risky and likely to fail, including 

9 any trends for mortgages that are likely to de10 fault and face foreclosure. A State Housing Fi11 nance Agency may also be eligible where the 

12 State Housing Finance Agency meets all the re13 quirements under this paragraph. A HUD-ap14 proved counseling intermediary shall meet cer15 tain mortgage foreclosure mitigation assistance 

16 counseling requirements, as determined by 

17 NRC, and shall be approved by HUD or NRC 

18 as meeting these requirements. 

19 (B) Mortgage foreclosure mitigation assist20 ance shall only be made available to home21 owners of owner-occupied homes with mort22 gages in default or in danger of default. These 

23 mortgages shall likely be subject to a fore24 closure action and homeowners will be provided 

25 such assistance that shall consist of activities 


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1 that are likely to prevent foreclosures and result 

2 in the long-term affordability of the mortgage 

3 retained pursuant to such activity or another 

4 positive outcome for the homeowner. No funds 

5 made available pursuant to this paragraph may 

6 be provided directly to lenders or homeowners 

7 to discharge outstanding mortgage balances or 

8 for any other direct debt reduction payments. 

9 (C) The use of mortgage foreclosure miti10 gation assistance by approved counseling inter11 mediaries and State Housing Finance Agencies 

12 shall involve a reasonable analysis of the bor13 rower’s financial situation, an evaluation of the 

14 current value of the property that is subject to 

15 the mortgage, counseling regarding the assump16 tion of the mortgage by another non-Federal 

17 party, counseling regarding the possible pur18 chase of the mortgage by a non-Federal third 

19 party, counseling and advice of all likely re20 structuring and refinancing strategies or the 

21 approval of a work-out strategy by all interested 

22 parties. 

23 (D) NRC may provide up to 15 percent of 

24 the total funds made available pursuant to this 

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1 pertise in foreclosure prevention counseling, 

2 subject to a certification by NRC that the pro3 cedures for selection do not consist of any pro4 cedures or activities that could be construed as 

5 a conflict of interest or have the appearance of 

6 impropriety. 

7 (E) HUD-approved counseling entities and 

8 State Housing Finance Agencies receiving 

9 funds made available pursuant to this para10 graph shall have demonstrated experience in 

11 successfully working with financial institutions 

12 as well as borrowers facing default, delinquency, 

13 and foreclosure as well as documented coun14 seling capacity, outreach capacity, past success15 ful performance and positive outcomes with doc16 umented counseling plans (including post-mort17 gage foreclosure mitigation counseling), loan 

18 workout agreements, and loan modification 

19 agreements. NRC may use other criteria to 

20 demonstrate capacity in underserved areas. 

21 (F) Of the total amount made available 

22 pursuant to this paragraph, up to $250,000 

23 may be made available to build the mortgage 

24 foreclosure and default mitigation counseling 

25 capacity of counseling intermediaries through 


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1 NRC training courses with HUD-approved 

2 counseling intermediaries and their partners, 

3 except that private financial institutions that 

4 participate in NRC training shall pay market 

5 rates for such training. 

6 (G) Of the total amount made available 

7 pursuant to this paragraph, up to 5 percent 

8 may be used for associated administrative ex9 penses for NRC to carry out activities provided 

10 under this paragraph. 

11 (H) Mortgage foreclosure mitigation assist12 ance grants may include a budget for outreach 

13 and advertising, and training, as determined by 

14 NRC. 

15 (I) NRC shall report bi-annually to the 

16 House and Senate Committees on Appropria17 tions as well as the Senate Banking Committee 

18 and House Financial Services Committee on its 

19 efforts to mitigate mortgage default. 

20 (2) LEGAL ASSISTANCE.— 

21 (A) The Neighborhood Reinvestment Cor22 poration may make grants to counseling inter23 mediaries approved by HUD or the NRC to 

24 hire attorneys to assist homeowners who have 


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1 legal issues directly related to the homeowner’s 

2 foreclosure, delinquency, or short sale. 

3 (B) Such attorneys shall be capable of as4 sisting homeowners of owner-occupied homes 

5 with mortgages in default, in danger of default, 

6 or subject to or at risk of foreclosure and who 

7 have legal issues that cannot be handled by 

8 counselors already employed by such inter9 mediaries. 

10 (C) Grants under this paragraph may only 

11 be made to counseling intermediaries and legal 

12 organizations that (i) provide legal assistance in 

13 the 15 States with the highest rates of home 

14 mortgage defaults and foreclosures, as of Janu15 ary 1, 2018, and (ii) have the capacity to begin 

16 using the financial assistance within 90 days 

17 after receipt of the assistance. 

18 (D) No funds made available pursuant to 

19 this paragraph shall be used to provide, obtain, 

20 or arrange on behalf of a homeowner, legal rep21 resentation involving or for the purposes of civil 

22 litigation. 


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1 SEC. 7204. INCREMENTAL HOUSING CHOICE VOUCHER AS2 SISTANCE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for each of fiscal years 2018 

5 through 2022 such sums as may be necessary to provide 

6 in each such fiscal year 20,000 incremental vouchers for 

7 rental assistance under section 8(o) of the United States 

8 Housing Act of 1937 (42 U.S.C. 1437f(o)). 

9 (b) ELIGIBLE PUBLIC HOUSING AGENCIES.—Any 

10 amounts appropriated pursuant to this section shall be 

11 used by the Secretary of Housing and Urban Development 

12 only to provide additional amounts for rental assistance 

13 vouchers for public housing agencies that administer 

14 10,000 or more vouchers for rental assistance under such 

15 section 8(o). 

16 SEC. 7205. EXTENSION OF PILOT PROGRAM. 

17 Section 258(d) of the National Housing Act (12 

18 U.S.C. 1715z–24(d)) is amended by striking ‘‘5-year’’ and 

19 inserting ‘‘14-year’’. 

20 Subtitle C—Financial Literacy 

21 SEC. 7301. DISCOUNT ON MORTGAGE INSURANCE PREMIUM 

22 PAYMENTS FOR FIRST-TIME HOMEBUYERS 

23 WHO COMPLETE FINANCIAL LITERACY HOUS24 ING COUNSELING PROGRAMS. 

25 The second sentence of subparagraph (A) of section 

26 203(c)(2) of the National Housing Act (12 U.S.C. 


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1 1709(c)(2)(A)) is amended by striking ‘‘not exceed 2.75 

2 percent of the amount of the original insured principal ob3 ligation of the mortgage’’ and inserting ‘‘be 25 basis 

4 points lower than the premium payment amount estab5 lished by the Secretary under the first sentence of this 

6 subparagraph’’. 

7 SEC. 7302. YOUNG AMERICANS FINANCIAL LITERACY. 

8 (a) FINDINGS.—The Congress finds as follows: 

9 (1) That 87 percent of Americans believe fi10 nance education should be taught in schools and 92 

11 percent of K–12 teachers believe that financial edu12 cation should be taught in school, but only 12 per13 cent of teachers actually teach the subject. 

14 (2) According to a 2016 survey, 1 in 3 States 

15 require high school students to take a personal fi16 nance course, and only 5 States require high school 

17 students to take a semester long personal finance 

18 course. 

19 (3) The percentage of Americans grading them20 selves with an A or B in personal finance knowledge 

21 has declined from 60 percent in 2013 to 56 percent 

22 in 2016. In 2016, 75 percent of Americans admitted 

23 they could benefit from additional advice and an24 swers to everyday financial questions from a profes25 sional. Most adults feel that their financial literacy 


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1 skills are inadequate, yet they do not rely on anyone 

2 else to handle their finances; they feel it is impor3 tant to know more but have received no financial 

4 education. 

5 (4) It is necessary to respond immediately to 

6 the pressing needs of individuals faced with the loss 

7 of their financial stability; however increased atten8 tion must also be paid to financial literacy education 

9 reform and long-term solutions to prevent future 

10 personal financial disasters. 

11 (5) Research-based financial literacy education 

12 programs are needed to reach individuals at all ages 

13 and socioeconomic levels, particularly those facing 

14 unique and challenging financial situations, such as 

15 high school graduates entering the workforce, soon16 to-be and recent college graduates, young families, 

17 and to address the unique needs of military per18 sonnel and their families. 

19 (6) High school and college students who are 

20 exposed to cumulative financial education show an 

21 increase in financial knowledge, which in turn drives 

22 increasingly responsible behavior as they become 

23 young adults. 

24 (7) Sixty percent of parents identify their teens 

25 as ‘‘quick spenders’’, and most acknowledge they 


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1 could do a better job of teaching and preparing kids 

2 for the financial challenges of adulthood, including 

3 budgeting, saving, and investing. 

4 (8) The majority (52 percent) of young adults 

5 ages 23 through 28 consider ‘‘making better choices 

6 about managing money’’, the single most important 

7 issue for individual Americans to act on today. 

8 (9) According to the Government Accountability 

9 Office, giving Americans the information they need 

10 to make effective financial decisions can be key to 

11 their well-being and to the country’s economic 

12 health. The recent financial crisis, when many bor13 rowers failed to fully understand the risks associated 

14 with certain financial products, underscored the need 

15 to improve individuals’ financial literacy and em16 power all Americans to make informed financial de17 cisions. This is especially true for young people as 

18 they are earning their first paychecks, securing stu19 dent aid, and establishing their financial independ20 ence. Therefore, focusing economic education and fi21 nancial literacy efforts and best practices for young 

22 people ages 8 through 24 is of utmost importance. 

23 (b) AUTHORIZATION FOR FUNDING THE ESTABLISH24 MENT OF CENTERS OF EXCELLENCE IN FINANCIAL LIT25 ERACY EDUCATION.— 


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1 (1) IN GENERAL.—The Director of the Bureau 

2 of Consumer Financial Protection, in consultation 

3 with the Financial Literacy and Education Commis4 sion established under the Financial Literacy and 

5 Education Improvement Act, shall make competitive 

6 grants to and enter into agreements with eligible in7 stitutions to establish centers of excellence to sup8 port research, development and planning, implemen9 tation, and evaluation of effective programs in finan10 cial literacy education for young people and families 

11 ages 8 through 24 years old. 

12 (2) AUTHORIZED ACTIVITIES.—Activities au13 thorized to be funded by grants made under para14 graph (1) shall include the following: 

15 (A) Developing and implementing com16 prehensive research based financial literacy edu17 cation programs for young people— 

18 (i) based on a set of core com19 petencies and concepts established by the 

20 Director, including goal setting, planning, 

21 budgeting, managing money or trans22 actions, tools and structures, behaviors, 

23 consequences, both long- and short-term 

24 savings, managing debt and earnings; and 


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1 (ii) which can be incorporated into 

2 educational settings through existing aca3 demic content areas, including materials 

4 that appropriately serve various segments 

5 of at-risk populations, particularly minority 

6 and disadvantaged individuals. 

7 (B) Designing instructional materials 

8 using evidence-based content for young families 

9 and conducting related outreach activities to 

10 address unique life situations and financial pit11 falls, including bankruptcy, foreclosure, credit 

12 card misuse, and predatory lending. 

13 (C) Developing and supporting the delivery 

14 of professional development programs in finan15 cial literacy education to assure competence and 

16 accountability in the delivery system. 

17 (D) Improving access to, and dissemina18 tion of, financial literacy information for young 

19 people and families. 

20 (E) Reducing student loan default rates by 

21 developing programs to help individuals better 

22 understand how to manage educational debt 

23 through sustained educational programs for col24 lege students. 


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1 (F) Conducting ongoing research and eval2 uation of financial literacy education programs 

3 to assure learning of defined skills and knowl4 edge, and retention of learning. 

5 (G) Developing research-based assessment 

6 and accountability of the appropriate applica7 tions of learning over short and long terms to 

8 measure effectiveness of authorized activities. 

9 (3) PRIORITY FOR CERTAIN APPLICATIONS.— 

10 The Director shall give a priority to applications 

11 that— 

12 (A) provide clear definitions of ‘‘financial 

13 literacy’’ and ‘‘financially literate’’ to clarify 

14 educational outcomes; 

15 (B) establish parameters for identifying 

16 the types of programs that most effectively 

17 reach young people and families in unique life 

18 situations and financial pitfalls, including bank19 ruptcy, foreclosure, credit card misuse, and 

20 predatory lending; 

21 (C) include content that is appropriate to 

22 age and socioeconomic levels; 

23 (D) develop programs based on educational 

24 standards, definitions, and research; 


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1 (E) include individual goals of financial 

2 independence and stability; and 

3 (F) establish professional development and 

4 delivery systems using evidence-based practices. 

5 (4) APPLICATION AND EVALUATION STANDARDS

6 AND PROCEDURES; DISTRIBUTION CRITERIA.—The 

7 Director shall establish application and evaluation 

8 standards and procedures, distribution criteria, and 

9 such other forms, standards, definitions, and proce10 dures as the Director determines to be appropriate. 

11 (5) LIMITATION ON GRANT AMOUNTS.— 

12 (A) IN GENERAL.—The aggregate amount 

13 of grants made under this subsection during 

14 any fiscal year may not exceed $55,000,000. 

15 (B) TERMINATION.—No grants may be 

16 made under this subsection after the end of fis17 cal year 2019. 

18 (6) DEFINITIONS.—For purposes of this section 

19 the following definitions shall apply: 

20 (A) DIRECTOR.—The term ‘‘Director’’ 

21 means the Director of the Bureau of Consumer 

22 Financial Protection. 

23 (B) ELIGIBLE INSTITUTION.—The term 

24 ‘‘eligible institution’’ means a partnership of 

25 two or more of the following: 


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1 (i) Institution of higher education. 

2 (ii) Local educational agency. 

3 (iii) A nonprofit agency, organization, 

4 or association. 

5 (iv) A financial institution. 

6 (C) INSTITUTION OF HIGHER EDU7 CATION.—The term ‘‘institution of higher edu8 cation’’ has the meaning given such term in 

9 section 101 of the Higher Education Act of 

10 1965 (20 U.S.C. 1001(a)). 

11 SEC. 7303. OFFICE FOR UNDER-BANKED AND UN-BANKED 

12 CONSUMERS. 

13 Section 1013 of the Consumer Financial Protection 

14 Act of 2010 (12 U.S.C. 5493) is amended by adding at 

15 the end the following: 

16 ‘‘(i) OFFICE FOR UNDER-BANKED AND UN-BANKED

17 CONSUMERS.— 

18 ‘‘(1) ESTABLISHMENT.—Before the end of the 

19 90-day period beginning on the date of the enact20 ment of the subsection, the Bureau shall establish 

21 an Office for Under-Banked and Un-Banked Con22 sumers (hereinafter referred to as the ‘Office’), the 

23 functions of which shall include activities designed to 

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1 banked consumers in the banking system, including 

2 the coordination with other Federal and State finan3 cial services agencies on this matter to ensure the 

4 most efficient and effective use of governmental re5 sources. 

6 ‘‘(2) DUTIES.—The Office shall— 

7 ‘‘(A) conduct research to identify any 

8 causes and challenges contributing to the deci9 sion of individuals who, and households that, 

10 choose not to initiate or maintain on-going and 

11 sustainable relationships with depository insti12 tutions, including consulting with trade associa13 tions representing minority depository institu14 tions, and organizations representing the inter15 ests of traditionally underserved consumers and 

16 communities, and organizations representing 

17 the interests of consumers, particularly low18 and moderate-income individuals, civil rights 

19 groups, community groups, and consumer advo20 cates, about this matter; 

21 ‘‘(B) identify best practices, develop and 

22 implement strategies to increase the participa23 tion of under-banked and un-banked consumers 

24 in the banking system; and 


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1 ‘‘(C) submit a report to Congress, within 

2 two years of the establishment of the Office and 

3 annually thereafter, that identifies any factors 

4 impeding the ability to, or limiting the option 

5 for, individuals or households to have access to 

6 on-going and sustainable relationships with de7 pository institutions to meet their financial 

8 needs, discusses any regulatory, legal, or struc9 tural barriers to enhancing participation of 

10 under-banked and un-banked consumers with 

11 depository institutions, and contains regulatory 

12 and legislative recommendations to promote 

13 better participation for all consumers with the 

14 banking system.’’. 

15 Subtitle D—Housing Fairness 

16 SEC. 7401. TESTING FOR DISCRIMINATION. 

17 (a) IN GENERAL.—The Secretary of Housing and 

18 Urban Development shall conduct a nationwide program 

19 of testing to— 

20 (1) detect and document differences in the 

21 treatment of persons seeking to rent or purchase 

22 housing or obtain or refinance a home mortgage 

23 loan, and measure patterns of adverse treatment be24 cause of the race, color, religion, sex, familial status, 


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1 disability status, or national origin of a renter, home 

2 buyer, or borrower; and 

3 (2) measure the prevalence of such discrimina4 tory practices across the housing and mortgage lend5 ing markets as a whole. 

6 (b) ADMINISTRATION.—The Secretary of Housing 

7 and Urban Development shall enter into agreements with 

8 qualified fair housing enforcement organizations, as such 

9 organizations are defined under subsection (h) of section 

10 561 of the Housing and Community Development Act of 

11 1987 (42 U.S.C. 3616a(h)), for the purpose of conducting 

12 the testing required under subsection (a). 

13 (c) PROGRAM REQUIREMENTS.—The Secretary 

14 shall— 

15 (1) submit to the Congress an evaluation by the 

16 Secretary of the effectiveness of the program under 

17 this section; and 

18 (2) issue regulations that require each applica19 tion for the program under this section to contain— 

20 (A) a description of the assisted activities 

21 proposed to be undertaken by the applicant; 

22 (B) a description of the experience of the 

23 applicant in formulating or carrying out pro24 grams to carry out the activities described in 

25 subsection (a); and 


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1 (C) a description of proposed procedures to 

2 be used by the applicant for evaluating the re3 sults of the activities proposed to be carried out 

4 under the program. 

5 (d) REPORT.—The Secretary of Housing and Urban 

6 Development shall report to Congress— 

7 (1) on a biennial basis, the aggregate outcomes 

8 of testing required under subsection (a) along with 

9 any recommendations or proposals for legislative or 

10 administrative action to address any issues raised by 

11 such testing; and 

12 (2) on an annual basis, a detailed summary of 

13 the messages received by the Office of Fair Housing 

14 and Equal Opportunity of the Department through 

15 its 24-hour toll-free telephone hotline, through elec16 tronic mail, and through its website. 

17 The Secretary may submit the reports required under 

18 paragraph (1) of this subsection as part of the reports 

19 prepared in accordance with paragraphs (2) and (6) of 

20 section 808(e) of the Fair Housing Act (42 U.S.C. 

21 3608(e)) and section 561(j) of the Housing and Commu22 nity Development Act of 1987 (42 U.S.C. 3616a(j)). 

23 (e) USE OF RESULTS.—The results of any testing re24 quired under subsection (a) may be used as the basis for 

25 the Secretary, or any Federal agency authorized to bring 


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1 such an enforcement action, or any State or local govern2 ment or agency, public or private nonprofit organization 

3 or institution, or other public or private entity that the 

4 Secretary has entered into a contract or cooperative agree5 ment with under section 561 of the Housing and Commu6 nity Development Act of 1987 (42 U.S.C. 3616a) to com7 mence, undertake, or pursue any investigation or enforce8 ment action to remedy any discriminatory housing practice 

9 (as such term is defined in section 802 of the Fair Hous10 ing Act (42 U.S.C. 3602)) uncovered as a result of such 

11 testing. 

12 (f) DEFINITIONS.—As used in this section: 

13 (1) DISABILITY STATUS.—The term ‘‘disability 

14 status’’ has the same meaning given the term 

15 ‘‘handicap’’ in section 802 of the Civil Rights Act of 

16 1968 (42 U.S.C. 3602). 

17 (2) FAMILIAL STATUS.—The term ‘‘familial sta18 tus’’ has the same meaning given that term in sec19 tion 802 of the Civil Rights Act of 1968 (42 U.S.C. 

20 3602). 

21 (g) RELATIONSHIP TO OTHER LAWS.—Nothing in 

22 this section may be construed to amend, alter, or affect 

23 any provision of criminal law or the Truth in Lending Act 

24 (15 U.S.C. 1601 et seq.). 


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1 (h) REGULATIONS.—Not later than the expiration of 

2 the 180-day period beginning on the date of the enactment 

3 of this Act, the Secretary of Housing and Urban Develop4 ment shall issue regulations that establish minimum 

5 standards for the training of testers of organizations con6 ducting testing required under subsection (a). Such regu7 lations shall serve as the basis of an evaluation of such 

8 testers, which shall be developed by the Secretary, and 

9 such regulations shall be issued after notice and an oppor10 tunity for public comment in accordance with the proce11 dure under section 553 of title 5, United States Code, ap12 plicable to substantive rules (notwithstanding subsections 

13 (a)(2), (b)(3)(B), and (d)(3) of such section). 

14 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out the provi16 sions of this section $15,000,000 for each of fiscal years 

17 2019 through 2023. 

18 SEC. 7402. INCREASE IN FUNDING FOR THE FAIR HOUSING 

19 INITIATIVES PROGRAM. 

20 (a) IN GENERAL.—Section 561 of the Housing and 

21 Community Development Act of 1987 (42 U.S.C. 3616a) 

22 is amended— 

23 (1) in subsection (b)— 


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1 (A) in paragraph (1), by inserting ‘‘quali2 fied’’ before ‘‘private nonprofit fair housing en3 forcement organizations,’’; and 

4 (B) in paragraph (2), by inserting ‘‘quali5 fied’’ before ‘‘private nonprofit fair housing en6 forcement organizations,’’; 

7 (2) by striking subsection (g) and inserting the 

8 following: 

9 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

10 ‘‘(1) IN GENERAL.—There are authorized to be 

11 appropriated to carry out the provisions of this sec12 tion $42,500,000 for each of fiscal years 2019 

13 through 2023, of which— 

14 ‘‘(A) not less than 75 percent of such 

15 amounts shall be for private enforcement initia16 tives authorized under subsection (b); 

17 ‘‘(B) not more than 10 percent of such 

18 amounts shall be for education and outreach 

19 programs under subsection (d); and 

20 ‘‘(C) any remaining amounts shall be used 

21 for program activities authorized under this sec22 tion. 

23 ‘‘(2) AVAILABILITY.—Any amount appropriated 

24 under this section shall remain available until ex25 pended to carry out the provisions of this section.’’; 


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1 (3) in subsection (h), in the matter following 

2 subparagraph (C), by inserting ‘‘and meets the cri3 teria described in subparagraphs (A) and (C)’’ after 

4 ‘‘subparagraph (B)’’; and 

5 (4) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (C), by striking 

8 ‘‘and’’ at the end; 

9 (ii) in subparagraph (D), by striking 

10 the period and inserting ‘‘; and’’; and 

11 (iii) by adding after subparagraph (D) 

12 the following new subparagraph: 

13 ‘‘(E) websites and other media outlets.’’; 

14 (B) in paragraph (2), by striking ‘‘or other 

15 public or private entities’’ and inserting ‘‘or 

16 other public or private nonprofit entities’’; and 

17 (C) in paragraph (3), by striking ‘‘or other 

18 public or private entities’’ and inserting ‘‘or 

19 other public or private nonprofit entities’’. 

20 (b) REGULATIONS.—Not later than the expiration of 

21 the 180-day period beginning on the date of the enactment 

22 of this Act, the Secretary of Housing and Urban Develop23 ment shall issue regulations that establish minimum 

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1 tion for any of fiscal years 2015 through 2019. Such regu2 lations shall serve as the basis of an evaluation of such 

3 testers, which shall be developed by the Secretary, and 

4 shall be issued after notice and an opportunity for public 

5 comment in accordance with the procedure under section 

6 553 of title 5, United States Code, applicable to sub7 stantive rules (notwithstanding subsections (a)(2), 

8 (b)(3)(B), and (d)(3) of such section). 

9 SEC. 7403. SENSE OF CONGRESS. 

10 It is the sense of Congress that the Secretary of 

11 Housing and Urban Development should— 

12 (1) fully comply with the requirements of sec13 tion 561(d) of the Housing and Community Develop14 ment Act of 1987 (42 U.S.C. 3616a(d)) to establish, 

15 design, and maintain a national education and out16 reach program to provide a centralized, coordinated 

17 effort for the development and dissemination of the 

18 fair housing rights of individuals who seek to rent, 

19 purchase, sell, or facilitate the sale of a home; 

20 (2) expend for such education and outreach 

21 programs all amounts appropriated for such pro22 grams; 

23 (3) promulgate regulations regarding the fair 

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1 firmatively further fair housing, as that term is de2 fined under title VIII of the Civil Rights Act of 

3 1968 (42 U.S.C. 3601 et seq.); and 

4 (4) fully comply with the requirements of sec5 tion 810(a) of the Fair Housing Act (42 U.S.C. 

6 3610(a)). 

7 SEC. 7404. GRANTS TO PRIVATE ENTITIES TO STUDY HOUS8 ING DISCRIMINATION. 

9 (a) GRANT PROGRAM.—The Secretary of Housing 

10 and Urban Development shall carry out a competitive 

11 matching grant program to assist public and private non12 profit organizations in— 

13 (1) conducting comprehensive studies that ex14 amine— 

15 (A) the causes of housing discrimination 

16 and segregation; 

17 (B) the effects of housing discrimination 

18 and segregation on education, poverty, and eco19 nomic development; or 

20 (C) the incidences, causes, and effects of 

21 housing discrimination and segregation on vet22 erans and military personnel; and 

23 (2) implementing pilot projects that test solu24 tions that will help prevent or alleviate housing dis25 crimination and segregation. 


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1 (b) ELIGIBILITY.—To be eligible to receive a grant 

2 under this section, a public or private nonprofit organiza3 tion shall— 

4 (1) submit an application to the Secretary of 

5 Housing and Urban Development, containing such 

6 information as the Secretary shall require; 

7 (2) agree to provide matching non-Federal 

8 funds for 50 percent of the total amount of the 

9 grant, which matching funds may include items do10 nated on an in-kind contribution basis; and 

11 (3) meet the requirements of a qualified fair 

12 housing enforcement organization, as such term is 

13 defined in section 561(h) of the Housing and Com14 munity Development Act of 1987 (42 U.S.C. 

15 3616a(h)), or subcontract with a qualified fair hous16 ing enforcement organization as a primary subcon17 tractor. 

18 (c) REPORT.—The Secretary of Housing and Urban 

19 Development shall submit a report to the Congress on a 

20 biennial basis that provides a detailed summary of the re21 sults of the comprehensive studies and pilot projects car22 ried out under subsection (a), together with any rec23 ommendations or proposals for legislative or administra24 tive actions to address any issues raised by such studies. 

25 The Secretary may submit the reports required under this 


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1 subsection as part of the reports prepared in accordance 

2 with paragraphs (2) and (6) of section 808(e) of the Fair 

3 Housing Act (42 U.S.C. 3608(e)) and section 561(j) of 

4 the Housing and Community Development Act of 1987 

5 (42 U.S.C. 3616a(j)). 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out the provi8 sions of this section $5,000,000 for each of fiscal years 

9 2019 through 2023. 

10 SEC. 7405. LIMITATION ON USE OF FUNDS. 

11 None of the funds made available under this Act, or 

12 the amendments made by this Act, may be used for any 

13 political activities, political advocacy, or lobbying (as such 

14 terms are defined by Circular A–122 of the Office of Man15 agement and Budget, entitled ‘‘Cost Principles for Non16 Profit Organizations’’), or for expenses for travel to en17 gage in political activities or preparation of or provision 

18 of advice on tax returns. 


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1 TITLE VIII—EDUCATION 

2 Subtitle A—Elementary and 

3 Secondary Education 

4 PART 1—SUPPORTING PROMISE 

5 NEIGHBORHOODS 

6 SEC. 8001. PURPOSE. 

7 The purpose of this part is to significantly improve 

8 academic outcomes, including school readiness, high school 

9 graduation, and college entry and success of children liv10 ing in our Nation’s most distressed neighborhoods, by 

11 using data-driven decisionmaking and existing external re12 sources to provide children in such neighborhoods with ac13 cess to a community-based continuum of high-quality pipe14 line services that include access to early learning opportu15 nities, high-quality schools, and best available evidence 

16 that address the needs of such children from birth through 

17 college and career. 

18 SEC. 8002. DEFINITIONS. 

19 In this part: 

20 (1) IN GENERAL.—Except as otherwise pro21 vided, the terms used in this part have the meanings 

22 given the terms in section 8101 of the Elementary 

23 and Secondary Education Act of 1965 (20 U.S.C. 

24 7801). 


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1 (2) CHILD.—The term ‘‘child’’ means an indi2 vidual from birth through age 21. 

3 (3) COLLEGE AND CAREER READINESS.—The 

4 term ‘‘college and career readiness’’ means the level 

5 of preparation a student needs in order to— 

6 (A) enroll and succeed, without remedi7 ation, in credit-bearing courses at an institution 

8 of higher education; 

9 (B) demonstrate the full range of knowl10 edge and perform the full range of workplace 

11 skills necessary to succeed and advance in 21st 

12 century careers, such as higher-order thinking, 

13 collaboration and teamwork, and oral and writ14 ten communication skills; and 

15 (C) complete a program leading to an in16 dustry-recognized credential that prepares grad17 uates to obtain employment with family-sus18 taining wages and opportunities for advance19 ment. 

20 (4) COMMUNITY OF PRACTICE.—The term 

21 ‘‘community of practice’’ means a group of entities 

22 that interact regularly to share best practices to ad23 dress one or more persistent problems, or improve 

24 practice with respect to such problems, in one or 

25 more neighborhoods. 


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1 (5) EXPANDED LEARNING TIME.—The term 

2 ‘‘expanded learning time’’ means using a longer 

3 school day, week, or year schedule to significantly 

4 increase the total number of school hours to include 

5 additional time for— 

6 (A) instruction in core academic subjects; 

7 (B) instruction in other subjects and en8 richment and other activities that contribute to 

9 a well-rounded education, including music and 

10 the arts, physical education, service-learning, 

11 and experiential and work-based learning oppor12 tunities (such as community service, learning 

13 apprenticeships, internships, and job shad14 owing); and 

15 (C) instructional and support staff to col16 laborate, plan, and engage in professional devel17 opment, including on family and community en18 gagement, within and across grades and sub19 jects. 

20 (6) FAMILY AND COMMUNITY ENGAGEMENT.— 

21 The term ‘‘family and community engagement’’ 

22 means the process of engaging family and commu23 nity members in education meaningfully and at all 

24 stages of the planning, implementation, and school 


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1 and neighborhood improvement process, including, 

2 at a minimum— 

3 (A) disseminating a clear definition of the 

4 neighborhood to the members of the neighbor5 hood; 

6 (B) ensuring representative participation 

7 by the members of such neighborhood in the 

8 planning and implementation of the activities of 

9 each grant awarded under this part; 

10 (C) regular engagement by the eligible en11 tity and the partners of the eligible entity with 

12 family members and community partners; 

13 (D) the provision of strategies and prac14 tices to assist family and community members 

15 in actively supporting student achievement and 

16 child and youth development; and 

17 (E) collaboration with institutions of high18 er education and employers to align expecta19 tions and programming with college and career 

20 readiness. 

21 (7) FAMILY AND STUDENT SUPPORTS.—The 

22 term ‘‘family and student supports’’ includes— 

23 (A) health programs (including both men24 tal health and physical health services); 


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1 (B) school-, public-, and child-safety pro2 grams; 

3 (C) programs that improve family stability; 

4 (D) employment programs (including those 

5 that meet local business needs, such as intern6 ships and externships); 

7 (E) social service programs; 

8 (F) legal aid programs; 

9 (G) financial education programs; 

10 (H) adult education and family literacy 

11 programs; 

12 (I) family and community engagement pro13 grams; and 

14 (J) programs that increase access to learn15 ing technology and enhance the digital literacy 

16 skills of students. 

17 (8) FAMILY MEMBER.—The term ‘‘family mem18 ber’’ means a parent (as defined in section 8101 the 

19 Elementary and Secondary Education Act of 1965 

20 (20 U.S.C. 7801)), relative, or other adult who is re21 sponsible for the education, care, and well-being of 

22 a child. 

23 (9) INTEGRATED STUDENT SUPPORTS.—The 

24 term ‘‘integrated student supports’’ means services, 

25 supports, and community resources, which shall be 


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1 offered through a site coordinator for at-risk stu2 dents, that have been shown by evidence-based re3 search— 

4 (A) to increase academic achievement and 

5 engagement; 

6 (B) to support positive child and youth de7 velopment; and 

8 (C) to increase student preparedness for 

9 success in college and the workforce. 

10 (10) NEIGHBORHOOD.—The term ‘‘neighbor11 hood’’ means a defined geographical area in which 

12 there are multiple signs of distress, demonstrated by 

13 indicators of need, including poverty, childhood obe14 sity rates, academic failure, and rates of juvenile de15 linquency, adjudication, or incarceration. 

16 (11) PIPELINE.—The term ‘‘pipeline’’ means a 

17 continuum of supports and services (including pipe18 line services, as defined in this part) for children 

19 from birth through college entry, college success, 

20 and career attainment. 

21 (12) PIPELINE SERVICES.—The term ‘‘pipeline 

22 services’’ includes, at a minimum, strategies to ad23 dress through services or programs (including inte24 grated student supports and wraparound services) 

25 the following: 


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1 (A) Prenatal education and support for ex2 pectant parents. 

3 (B) High-quality early learning opportuni4 ties. 

5 (C) High-quality schools and out-of-school6 time programs and strategies. 

7 (D) Support for a child’s transition to ele8 mentary school, between elementary school and 

9 middle school, from middle school to high 

10 school, and from high school into and through 

11 college and into the workforce. 

12 (E) Family and community engagement. 

13 (F) Family and student supports. 

14 (G) Activities that support college and ca15 reer readiness, such as— 

16 (i) assistance with college admissions, 

17 financial aid, and scholarship applications, 

18 especially for low-income and low-achieving 

19 students; and 

20 (ii) career preparation services and 

21 supports. 

22 (H) Neighborhood-based support for col23 lege-age students who have attended the schools 

24 in the pipeline, or students who are members of 

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1 nection to the community and success in college 

2 and the workforce. 

3 Subpart A—Promise Neighborhood Partnership 

4 Grants 

5 SEC. 8011. PROGRAM AUTHORIZED. 

6 (a) IN GENERAL.—From amounts appropriated 

7 under section 8024, the Secretary shall award grants, on 

8 a competitive basis, to eligible entities to implement a com9 prehensive, evidence-based pipeline that engages commu10 nity partners to improve academic achievement, student 

11 development, and college and career readiness, measured 

12 by common outcomes, by carrying out the activities de13 scribed in section 8014 in neighborhoods with high con14 centrations of low-income individuals and persistently low15 achieving schools or schools with an achievement gap. 

16 (b) DURATION.— 

17 (1) IN GENERAL.—Grants awarded under this 

18 subpart shall be for a period of not more than 5 

19 years. 

20 (2) RENEWAL.—The Secretary may renew 

21 grants under this subpart for an additional period of 

22 not more than 5 years, if an eligible entity dem23 onstrates significant success in— 

24 (A) ensuring school readiness, including 

25 success in early learning; 


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1 (B) improving academic outcomes, includ2 ing academic achievement and graduation rates; 

3 (C) increasing college and career readiness, 

4 including rates of enrollment in institutions of 

5 higher education; and 

6 (D) improving the health, mental health, 

7 and social and emotional well-being of children. 

8 (c) CONTINUED FUNDING.—Continued funding after 

9 the third year of the grant period shall be contingent on 

10 the eligible entity’s progress toward meeting the perform11 ance metrics described in section 8016(a). 

12 (d) MATCHING REQUIREMENT.— 

13 (1) IN GENERAL.—Each eligible entity receiving 

14 a grant under this subpart shall contribute matching 

15 funds in an amount equal to not less than 100 per16 cent of the amount of the grant. 

17 (2) PRIVATE FUNDS.—A portion of such funds 

18 shall come from private, nongovernmental sources as 

19 follows: 

20 (A) An eligible entity that includes a local 

21 educational agency eligible to receive funding 

22 under subpart 1 or 2 of part B of title V of the 

23 Elementary and Secondary Education Act of 

24 1965 (20 U.S.C. 7345 et seq.)— 


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1 (i) shall contribute not less than 10 

2 percent of the amount of the grant from 

3 private, nongovernmental sources; and 

4 (ii) shall increase this portion gradu5 ally over the life of the grant until it 

6 equals or exceeds 15 percent of the amount 

7 of the grant. 

8 (B) An eligible entity that includes an In9 dian tribe or tribal organization, as defined 

10 under section 4 of the Indian Self-Determina11 tion and Education Assistance Act (25 U.S.C. 

12 450b)— 

13 (i) shall contribute not less than 10 

14 percent of the amount of the grant from 

15 private, nongovernmental sources; and 

16 (ii) shall increase this portion gradu17 ally over the life of the grant until it 

18 equals or exceeds 15 percent of the amount 

19 of the grant. 

20 (C) An eligible entity not described in sub21 paragraph (A) or (B)— 

22 (i) shall contribute not less than 10 

23 percent of the amount of the grant from 

24 private, nongovernmental sources; and 


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1 (ii) shall increase this portion gradu2 ally over the life of the grant until it 

3 equals or exceeds 25 percent of the amount 

4 of the grant. 

5 (e) FINANCIAL HARDSHIP WAIVER.—The Secretary 

6 may waive or reduce the matching requirement described 

7 in subsection (d) if the eligible entity demonstrates a need 

8 due to significant financial hardship. 

9 SEC. 8012. ELIGIBLE ENTITIES. 

10 In this subpart, the term ‘‘eligible entity’’ means a 

11 nonprofit entity acting as the lead applicant for a grant 

12 under this subpart in partnership with a local educational 

13 agency. Such partnership may also include any of the fol14 lowing entities: 

15 (1) An institution of higher education, as de16 fined in section 102 of the Higher Education Act of 

17 1965 (20 U.S.C. 1002). 

18 (2) The office of a chief elected official of a unit 

19 of local government. 

20 (3) An Indian tribe or tribal organization, as 

21 defined under section 4 of the Indian Self-Deter22 mination and Education Assistance Act (25 U.S.C. 

23 450b). 


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1 SEC. 8013. APPLICATION REQUIREMENTS. 

2 (a) IN GENERAL.—To be eligible to receive a grant 

3 under this subpart, an eligible entity shall submit an appli4 cation to the Secretary at such time, in such manner, and 

5 containing such information as the Secretary may require. 

6 (b) CONTENTS OF APPLICATION.—At a minimum, an 

7 application described in subsection (a) shall include the 

8 following: 

9 (1) A description of a plan to significantly im10 prove the academic outcomes of children living in an 

11 identified neighborhood by providing a pipeline that 

12 addresses the neighborhood’s needs, as identified by 

13 the needs analysis described in paragraph (4) and 

14 supported by evidence-based practices. 

15 (2) A description of the neighborhood that the 

16 eligible entity will serve. 

17 (3) Measurable annual goals for the outcomes 

18 of the grant, including— 

19 (A) performance goals, in accordance with 

20 the metrics described in section 8016(a), for 

21 each year of the grant; and 

22 (B) projected participation rates and any 

23 plans to expand the number of children served 

24 or the neighborhood proposed to be served by 

25 the grant program. 


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1 (4) An analysis of the needs and assets of the 

2 neighborhood identified in paragraph (2), includ3 ing— 

4 (A) a description of the process through 

5 which the needs analysis was produced, includ6 ing a description of how family and community 

7 members were engaged in such analysis; 

8 (B) an analysis of community assets with9 in, or accessible to, the neighborhood, including, 

10 at a minimum— 

11 (i) early learning programs, including 

12 high-quality child care, Early Head Start 

13 programs, Head Start programs, and pre14 kindergarten programs; 

15 (ii) the availability of healthy food op16 tions and opportunities for physical activ17 ity; 

18 (iii) existing family and student sup19 ports; 

20 (iv) locally owned businesses and em21 ployers; and 

22 (v) institutions of higher education; 

23 (C) evidence of successful direct services 

24 and collaboration within the neighborhood; 


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1 (D) the steps that the eligible entity is tak2 ing, at the time of the application, to meet the 

3 needs identified in the needs analysis; and 

4 (E) any barriers the eligible entity, public 

5 agencies, and other community-based organiza6 tions have faced in meeting such needs. 

7 (5) A description of the data and evidence base 

8 used to identify the pipeline services to be provided, 

9 including data regarding— 

10 (A) school readiness; 

11 (B) academic achievement and college and 

12 career readiness; 

13 (C) secondary school graduation rates; 

14 (D) health indicators, such as rates of 

15 childhood obesity or other health and develop16 mental risk factors; 

17 (E) college enrollment, persistence, and 

18 completion rates; and 

19 (F) conditions for learning, including 

20 school climate surveys, discipline rates, and stu21 dent attendance and incident data. 

22 (6) A description of the process used to develop 

23 the application, including the involvement of family 

24 and community members. 

25 (7) An estimate of— 


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1 (A) the number of children, by age, who 

2 will be served by each pipeline service over time; 

3 and 

4 (B) for each age group, the percentage of 

5 children (of such age group), within the neigh6 borhood, who the eligible entity proposes to 

7 serve, disaggregated by each service, and the 

8 goals for increasing such percentage over time. 

9 (8) A description of how the pipeline services 

10 will include the following activities: 

11 (A) Providing high-quality early learning 

12 opportunities for children, beginning prenatally 

13 and extending through grade 3, by— 

14 (i) establishing or supporting high15 quality early learning opportunities that 

16 provide children with full-day, full-year ac17 cess to programs that support the cognitive 

18 and developmental skills, including social 

19 and emotional skills, needed for success in 

20 elementary school; 

21 (ii) providing for opportunities, 

22 through parenting classes, baby academies, 

23 home visits, or other evidence-based strate24 gies, for families and expectant parents 

25 to— 


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1 (I) acquire the skills to promote 

2 early learning, development, and 

3 health and safety, including learning 

4 about child development and positive 

5 discipline strategies (such as through 

6 the use of technology and public 

7 media programming); 

8 (II) learn about the role of fami9 lies and expectant parents in their 

10 child’s education; and 

11 (III) become informed about edu12 cational opportunities for their chil13 dren, including differences in quality 

14 among early learning opportunities; 

15 (iii) ensuring successful transitions 

16 between early learning programs and ele17 mentary school, including through the es18 tablishment of memoranda of under19 standing between early learning providers 

20 and local educational agencies serving 

21 young children and families; 

22 (iv) ensuring appropriate screening, 

23 diagnostic assessments, and referrals for 

24 children with disabilities, developmental 

25 delays, or other special needs; 


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1 (v) improving the early learning work2 force in the community, including 

3 through— 

4 (I) investments in the recruit5 ment, retention, distribution, and sup6 port of high-quality professionals, es7 pecially those with certification and 

8 experience in child development; 

9 (II) the provision of high-quality 

10 teacher preparation and professional 

11 development; 

12 (III) the use of joint professional 

13 development for early learning pro14 viders and elementary school teachers 

15 and administrators; or 

16 (IV) efforts to increase the pay 

17 and benefits of early learning profes18 sionals; and 

19 (vi) enhancing data systems and data 

20 sharing among the eligible entity, partners, 

21 early learning providers, schools, and local 

22 educational agencies operating in the 

23 neighborhood. 

24 (B) Supporting, enhancing, operating, or 

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1 sive education reforms designed to significantly 

2 improve educational outcomes for children and 

3 youth in early learning programs through grade 

4 12, which may include— 

5 (i) operating schools or working in 

6 close collaboration with local schools to 

7 provide high-quality academic programs, 

8 curricula, and integrated student supports; 

9 (ii) the provision of expanded learning 

10 time; and 

11 (iii) the provision of programs and ac12 tivities that ensure that students— 

13 (I) are prepared for the college 

14 admissions, scholarship, and financial 

15 aid application processes; and 

16 (II) graduate college and career 

17 ready. 

18 (C) Supporting access to a healthy life19 style, which may include— 

20 (i) the provision of high-quality and 

21 nutritious meals; 

22 (ii) access to programs that promote 

23 physical activity, physical education, and 

24 fitness; and 


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1 (iii) education to promote a healthy 

2 lifestyle and positive body image. 

3 (D) Providing social, health, and mental 

4 health services and supports, including referrals 

5 for essential care and preventative screenings, 

6 for children, family, and community members, 

7 which may include— 

8 (i) dental services; 

9 (ii) vision care; and 

10 (iii) oral and auditory screenings and 

11 referrals. 

12 (E) Supporting students and family mem13 bers as they transition from early learning pro14 grams into elementary school, from elementary 

15 school to middle school, from middle school to 

16 high school, from high school into and through 

17 college and into the workforce, including 

18 through specialized resources to address chal19 lenges that students may face as they transi20 tion, such as the following: 

21 (i) Early college high schools. 

22 (ii) Dual enrollment programs. 

23 (iii) Career academies. 

24 (iv) Counseling and support services. 


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1 (v) Dropout prevention and recovery 

2 strategies. 

3 (vi) Collaboration with the juvenile 

4 justice system and reentry counseling for 

5 adjudicated youth. 

6 (vii) Advanced Placement (AP) or 

7 International Baccalaureate (IB) pro8 grams. 

9 (viii) Teen parent classrooms. 

10 (ix) Graduation and career coaches. 

11 (9) A description of the strategies that will be 

12 used to provide pipeline services (including a de13 scription of the process used to identify such strate14 gies and the outcomes expected, and a description of 

15 which programs and services will be provided to chil16 dren, family members, community members, and 

17 children not attending schools or programs operated 

18 by the eligible entity or its partner providers) to sup19 port the purpose of this part. 

20 (10) An explanation of the process the eligible 

21 entity will use to establish and maintain family and 

22 community engagement. 

23 (11) An explanation of how the eligible entity 

24 will continuously evaluate and improve the pipeline, 

25 including— 


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1 (A) a description of the metrics, consistent 

2 with section 806(a), that will be used to inform 

3 each component of the pipeline; and 

4 (B) the processes for using data to im5 prove instruction, optimize integrated student 

6 supports, provide for continuous program im7 provement, and hold staff and partner organiza8 tions accountable. 

9 (12) An identification of the fiscal agent, which 

10 may be any entity described in section 8012. 

11 (13) A list of Federal and non-Federal sources 

12 of funding that the eligible entity will secure to com13 ply with the matching-funds requirement described 

14 in section 8011(d), including other programs funded 

15 by the Department of Education, or programs in the 

16 Department of Health and Human Services, the De17 partment of Housing and Urban Development, the 

18 Department of Justice, or the Department of Labor. 

19 (c) MEMORANDUM OF UNDERSTANDING.—An eligible 

20 entity, as part of the application described in this section, 

21 shall submit a preliminary memorandum of under22 standing, signed by each partner entity or agency. The 

23 preliminary memorandum of understanding shall describe, 

24 at a minimum— 


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1 (1) each partner’s financial and programmatic 

2 commitment with respect to the strategies described 

3 in the application, including an identification of the 

4 fiscal agent; 

5 (2) each partner’s long-term commitment to 

6 providing pipeline services that, at a minimum, ac7 counts for the cost of supporting the pipeline (in8 cluding after grant funds are no longer available) 

9 and potential changes in local government; 

10 (3) each partner’s mission and plan that will 

11 govern the work that partners do together; 

12 (4) each partner’s long-term commitment to 

13 supporting the pipeline through data collection, mon14 itoring, reporting, and sharing; and 

15 (5) each partner’s commitment to ensure sound 

16 fiscal management and controls, including evidence 

17 of a system of supports and personnel. 

18 SEC. 8014. USE OF FUNDS. 

19 (a) IN GENERAL.—Each eligible entity that receives 

20 a grant under this subpart shall use the grant funds to— 

21 (1) implement the pipeline services, as described 

22 in the application under section 8013; and 

23 (2) continuously evaluate the success of the 

24 program and improve the program based on data 

25 and outcomes. 


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1 (b) SPECIAL RULES.—Each eligible entity that re2 ceives a grant under this subpart— 

3 (1) shall, in the 3rd year of the grant and each 

4 subsequent year, including each year of a renewal 

5 grant, use not less than 80 percent of grant funds 

6 to carry out the activities described in subsection 

7 (a)(1); 

8 (2) if it includes an institution of higher edu9 cation, shall ensure that the institution limits the 

10 overhead rate charged by the institution (to cover 

11 costs for items such as administration, insurance, 

12 and taxes) to not more than 20 percent. 

13 SEC. 8015. REPORT AND PUBLICLY AVAILABLE DATA. 

14 (a) REPORT.—Each eligible entity that receives a 

15 grant under this subpart shall prepare and submit an an16 nual report to the Secretary, which shall include— 

17 (1) information about the number and percent18 age of children, family members, and community 

19 members in the neighborhood who are served by the 

20 grant program, including a description of the num21 ber and percentage of children accessing each of the 

22 pipeline services; 

23 (2) data (disaggregated by the categories de24 scribed in section 8033(a)) about the grant pro25 gram’s success in— 


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1 (A) narrowing achievement gaps and im2 proving student achievement; 

3 (B) ensuring school readiness and healthy 

4 socio-emotional development; 

5 (C) increasing student persistence; 

6 (D) increasing student attendance, and de7 creasing incidences of violence, suspension, and 

8 expulsion; 

9 (E) improving conditions for learning, as 

10 measured by a school climate survey; 

11 (F) increasing the number and percentage 

12 of family members who participate in adult edu13 cation and family literacy programs and other 

14 community activities; and 

15 (G) increasing secondary school graduation 

16 rates and college entry and completion rates; 

17 (3) information relating to the performance 

18 metrics described in section 8016(a); and 

19 (4) other indicators that may be required by the 

20 Secretary, in consultation with the Director of the 

21 Institute of Education Sciences. 

22 (b) PUBLICLY AVAILABLE DATA.—Each eligible enti23 ty that receives a grant under this subpart shall make 

24 publicly available, including through electronic means, the 

25 information described in subsection (a). To the extent 


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1 practicable, such information shall be provided in a form 

2 and language accessible to parents and families in the 

3 neighborhood, and such information shall be a part of 

4 statewide longitudinal data systems. 

5 SEC. 8016. ACCOUNTABILITY. 

6 (a) PERFORMANCE METRICS.—The Secretary shall 

7 establish performance metrics relevant to the evaluation 

8 of the grant program under this subpart. 

9 (b) EVALUATION.—The Secretary shall evaluate the 

10 implementation and impact of the activities funded under 

11 this subpart, in accordance with section 8022. 

12 Subpart B—General Provisions 

13 SEC. 8021. PLANNING GRANTS. 

14 (a) PURPOSE.—The purposes of the planning grant 

15 program established under this section are to— 

16 (1) enable communities to assess their needs 

17 and assets regarding the unmet needs of children 

18 and youth; 

19 (2) develop appropriate plans to address such 

20 unmet needs through the provision of pipeline serv21 ices; and 

22 (3) support communities as such communities 

23 prepare to apply for a grant under subpart A. 

24 (b) PLANNING GRANTS AUTHORIZED.—From the 

25 amounts appropriated under section 8024, the Secretary 


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1 may reserve not more than 10 percent for planning grants 

2 to entities eligible for grants under subpart A. 

3 (c) DURATION.—Grants awarded under this section 

4 shall be for a period of not more than 1 year, and such 

5 grants shall not be renewed. 

6 (d) APPLICATION.— 

7 (1) IN GENERAL.—To be eligible to receive a 

8 grant under this section, an eligible entity shall sub9 mit an application to the Secretary at such time, in 

10 such manner, and containing such information as 

11 the Secretary may require. 

12 (2) CONTENTS.—At a minimum, the applica13 tion described in paragraph (1) shall describe— 

14 (A) how the eligible entity will conduct a 

15 needs and assets analysis; 

16 (B) how the eligible entity will use plan17 ning grant funds in accordance with the pur18 pose of this part, including to establish a proc19 ess to prioritize and allocate resources and serv20 ices to address the unmet needs of children and 

21 youth in the community; and 

22 (C) how the eligible entity will use plan23 ning grant funds to become more competitive in 

24 applying for a grant under subpart A. 


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1 (e) LIMITATION.—No entity may receive a grant 

2 under this section while concurrently receiving grant fund3 ing under subpart A of this part. 

4 (f) MATCHING FUNDS.—The Secretary shall require 

5 that each eligible entity receiving a grant under this sec6 tion contribute matching funds in an amount equal to not 

7 less than 50 percent of the amount of the grant. Such 

8 matching funds may come from Federal or non-Federal 

9 sources. 

10 SEC. 8022. EVALUATION. 

11 From the amounts appropriated under section 8024, 

12 the Secretary may reserve not more than 3 percent for 

13 a national evaluation of the activities carried out under 

14 subpart A. In conducting such evaluations, the Secretary 

15 shall— 

16 (1) direct the Director of the Institute of Edu17 cation Sciences, in consultation with the relevant 

18 program office at the Department, to evaluate the 

19 implementation and impact of the activities funded 

20 under subpart A, including the costs and benefits of 

21 such activities, relative expenditures on different ac22 tivities in the pipeline, and the impacts of such ac23 tivities on incarceration and recidivism rates of chil24 dren in neighborhoods served by grants under such 

25 subpart; 


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1 (2) direct the Director of the Institute of Edu2 cation Sciences to identify best practices to improve 

3 the effectiveness of activities funded under subpart 

4 A; and 

5 (3) disseminate research on best practices to 

6 significantly improve the academic outcomes of chil7 dren living in our Nation’s most distressed commu8 nities. 

9 SEC. 8023. NATIONAL ACTIVITIES. 

10 From the amounts appropriated under section 8024 

11 for a fiscal year, the Secretary may reserve not more than 

12 5 percent for national activities, which may include— 

13 (1) research on the activities carried out under 

14 subpart A; 

15 (2) identifying and disseminating best practices; 

16 (3) support for the community of practice re17 lated to the purposes of this grant, which may in18 clude technical assistance and conferences; 

19 (4) professional development; and 

20 (5) other activities consistent with the purpose 

21 of this part. 

22 SEC. 8024. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated to carry out 

24 this part such sums as may be necessary for fiscal year 

25 2019 and each of the 4 succeeding fiscal years. 


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1 PART 2—INCREASED ACCESS TO COMPUTER 

2 SCIENCE EDUCATION 

3 SEC. 8031. DEFINITIONS. 

4 In this part: 

5 (1) COMPUTATIONAL THINKING.—The term 

6 ‘‘computational thinking’’ aims to capture the wide 

7 range of creative processes that go into formulating 

8 problems and their solutions in such a way that the 

9 solutions can be carried out by a computer, and may 

10 involve some understanding of software and hard11 ware design, logic and the use of abstraction and 

12 representation, algorithm design, algorithm expres13 sion, problem decomposition, modularity, program14 ming paradigms and languages, issues of informa15 tion security and privacy, the application of com16 putation across a wide range of disciplines, and the 

17 societal impact of computing. Programming is a 

18 hands-on, inquiry-based way in which computational 

19 thinking may be learned. 

20 (2) COMPUTER SCIENCE EDUCATION.—The 

21 term ‘‘computer science education’’ includes any of 

22 the following: computational thinking; software de23 sign; hardware architecture and organization; theo24 retical foundations; use of abstraction and represen25 tation in problem solving; logic; algorithm design 

26 and implementation; the limits of computation; proVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00469 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 gramming paradigms and languages; parallel and 

2 distributed computing; information security and pri3 vacy; computing systems and networks; graphics and 

4 visualization; databases and information retrieval; 

5 the relationship between computing and mathe6 matics; artificial intelligence; applications of com7 puting across a broad range of disciplines and prob8 lems; and the social impacts and professional prac9 tices of computing. 

10 (3) ELIGIBLE TRIBAL SCHOOL.—The term ‘‘eli11 gible Tribal school’’ means— 

12 (A) a school operated by the Bureau of In13 dian Education; 

14 (B) a school operated pursuant to the In15 dian Self-Determination and Education Assist16 ance Act (25 U.S.C. 450 et seq.); or 

17 (C) a tribally controlled school (as defined 

18 in section 5212 of the Tribally Controlled 

19 Schools Act of 1988 (25 U.S.C. 2511)). 

20 (4) INSTITUTION OF HIGHER EDUCATION.—The 

21 term ‘‘institution of higher education’’ has the 

22 meaning given the term in section 102 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1002). 

24 (5) LOCAL EDUCATIONAL AGENCY.—The term 

25 ‘‘local educational agency’’ has the meaning given 


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1 the term in section 8101 of the Elementary and Sec2 ondary Education Act of 1965 (20 U.S.C. 8101). 

3 (6) POVERTY LINE.—The term ‘‘poverty line’’ 

4 has the meaning given the term in section 8101 of 

5 the Elementary and Secondary Education Act of 

6 1965 (20 U.S.C. 8101). 

7 (7) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Education. 

9 (8) STEAM.—The term ‘‘STEAM’’ means the 

10 subjects of science, technology, engineering, arts, 

11 and mathematics, including computer science. 

12 SEC. 8032. GRANTS TO STATES, LOCAL EDUCATIONAL 

13 AGENCIES, AND ELIGIBLE TRIBAL SCHOOLS. 

14 (a) GRANTS TO STATES, LOCAL EDUCATIONAL

15 AGENCIES, AND ELIGIBLE TRIBAL SCHOOLS.— 

16 (1) IN GENERAL.—The Secretary shall award 

17 grants to States, local educational agencies, and eli18 gible Tribal schools— 

19 (A) that demonstrate an ability to carry 

20 out an ambitious computer science education 

21 expansion effort for all students served by the 

22 State, agency, or school, including traditionally 

23 underrepresented students; and 


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1 (B) to serve as models for national replica2 tion of computer science education expansion 

3 efforts. 

4 (2) CONSORTIA AND PARTNERSHIPS.—A State, 

5 local educational agency, or eligible Tribal school 

6 may apply for a grant under this section as part of 

7 a consortium or in partnership with a State edu8 cational agency or other partner. 

9 (3) DURATION.—Grants awarded under this 

10 section shall be for a period of not more than 5 

11 years. 

12 (b) APPLICATION REQUIREMENTS.—A State, local 

13 educational agency, or eligible Tribal school that desires 

14 a grant under this section shall submit an application to 

15 the Secretary at such time, in such manner, and con16 taining such information as the Secretary may require, in17 cluding, at a minimum, plans for the following: 

18 (1) Every high school student served by the 

19 State, local educational agency, or eligible Tribal 

20 school to have access to computer science education 

21 not later than 5 years after receipt of grant funds. 

22 (2) All students served by the State, local edu23 cational agency, or eligible Tribal school to have ac24 cess to a progression of computer science education 

25 from prekindergarten through middle school that 


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1 prepares students for high school computer science 

2 education. 

3 (3) Expansion of overall access to rigorous 

4 STEAM classes, utilizing computer science as a cat5 alyst for increased interest in STEAM more broadly, 

6 and reducing the enrollment and academic achieve7 ment gap for underrepresented groups such as mi8 norities, girls, and youth from families living at, or 

9 below, the poverty line. 

10 (4) Continuous monitoring and evaluation of 

11 project activities. 

12 (5) Effectively sustaining project activities after 

13 the grant period ends, and the length of time which 

14 the applicant plans to sustain the project activities. 

15 (c) USE OF GRANT FUNDS.— 

16 (1) REQUIRED ACTIVITIES.—A State, local edu17 cational agency, or eligible Tribal school that re18 ceives a grant under this section shall use the grant 

19 funds for the following activities: 

20 (A) Training teachers to teach computer 

21 science. 

22 (B) Expanding access to high-quality 

23 learning materials and online learning options. 

24 (C) Creating plans for expanding overall 

25 access to rigorous STEAM classes, utilizing 


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1 computer science as a catalyst for increased in2 terest in STEAM more broadly, and reducing 

3 course equity gaps for all students, including 

4 underrepresented groups such as minorities, 

5 girls, and youth from low-income families. 

6 (D) Ensuring additional support and re7 sources, which may include mentoring for stu8 dents traditionally underrepresented in STEAM 

9 fields. 

10 (2) PERMISSIBLE ACTIVITIES.—A State, local 

11 educational agency, or eligible Tribal school that re12 ceives a grant under this section may use the grant 

13 funds for the following activities: 

14 (A) Building effective regional collabora15 tions with industry, nonprofit organizations, 2- 

16 year and 4-year degree granting institutions of 

17 higher education (including community colleges, 

18 Historically Black Colleges and Universities, 

19 Hispanic-serving institutions, Asian American 

20 and Native American Pacific Islander-serving 

21 institutions, American Indian Tribally con22 trolled colleges and universities, Alaska Native 

23 and Native Hawaiian-serving institutions, Pre24 dominantly Black Institutions, Native Amer25 ican-serving, Nontribal institutions, and other 


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1 minority-serving institutions), and out-of-school 

2 providers. 

3 (B) Recruiting and hiring instructional 

4 personnel as needed, including curriculum spe5 cialists. 

6 (C) Preparations for effectively sustaining 

7 project activities after the grant period ends. 

8 (D) Disseminating information about effec9 tive practices. 

10 (3) LIMITATION.—Not more than 15 percent of 

11 a grant may be used to purchase equipment. 

12 (d) NATIONAL ACTIVITIES.—The Secretary may re13 serve not more than 2.5 percent of funds available for 

14 grants under this section for national activities, including 

15 technical assistance, evaluation, and dissemination. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this section 

18 $250,000,000. 

19 SEC. 8033. REPORTING REQUIREMENTS. 

20 (a) GRANTEE REPORTS.—Each State, local edu21 cational agency, and eligible Tribal school that receives a 

22 grant under this part shall submit to the Secretary a re23 port, not less than twice a year during the grant period, 

24 on the use of grant funds that shall include data on the 

25 numbers of students served through activities funded 


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1 under this part, disaggregated by race (for Asian and Na2 tive Hawaiian or Pacific Islander students using the same 

3 race response categories as the decennial census of the 

4 population), ethnicity, gender, and eligibility to receive a 

5 free or reduced price lunch under the Richard B. Russell 

6 National School Lunch Act (42 U.S.C. 1751 et seq.). 

7 (b) REPORT BY THE SECRETARY.—Not later than 5 

8 years after the first grant is awarded under this part, the 

9 Secretary shall submit to Congress a report based on the 

10 analysis of reports received under subsection (a) with a 

11 recommendation on how to expand the program under this 

12 part. 

13 PART 3—ENVIRONMENTAL JUSTICE EDUCATION 

14 SEC. 8041. GRANTS AUTHORIZED. 

15 (a) IN GENERAL.—The Secretary of Education shall, 

16 subject to the availability of appropriations, make grants 

17 on a competitive basis under this part to States and to 

18 local educational agencies that submit to the Secretary an 

19 application at such time and in such manner as the Sec20 retary may require. The purpose of the grants is to assist 

21 eligible recipients to develop an environmental justice cur22 riculum, and a co-op program, for students attending mid23 dle and high schools that— 


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1 (1) receive funds under part A of title I of the 

2 Elementary and Secondary Education Act of 1965 

3 (29 U.S.C. 6311 et seq.); and 

4 (2) are located in an urban community that 

5 may be disproportionately affected by climate 

6 change, pollution, and other environmental issues. 

7 (b) CURRICULUM DEVELOPMENT.—An environ8 mental justice curriculum developed with funds received 

9 under this part shall satisfy the following objectives: 

10 (1) Educating students, through experiential 

11 learning and otherwise, about topics relating to envi12 ronmental justice, such as air pollution, lead paint 

13 poisoning, access to organic foods, sustainable agri14 culture, proximity to landfills, toxic dumping, rel15 ative asthma rates, and the historical patterns of en16 vironmental impacts. 

17 (2) Empowering students actively to address 

18 environmental issues in their local neighborhoods 

19 while also considering global environmental prob20 lems. 

21 (3) Allowing students to explore careers that in22 volve solving environmental problems and cultivating 

23 innovators to solve such problems. 

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1 tural affairs, and economic productivity, such as 

2 problem solving, critical thinking, and good steward3 ship. 

4 (5) Establishing a nurturing environment that 

5 fosters democratic and socially just relationships 

6 among schools, families, and surrounding commu7 nities. 

8 (c) CO-OP PROGRAM DEVELOPMENT.—A co-op pro9 gram developed with funds received under this part shall 

10 satisfy the following objectives: 

11 (1) Linking students with career opportunities 

12 in the environmental field by building partnerships 

13 with the public and private sector. 

14 (2) Providing students with an opportunity to 

15 earn secondary school course credits or credits to16 wards the jurisdiction’s service learning require17 ments during the summer through experiential 

18 learning such as internships and other types of field 

19 experience. 

20 (3) Assisting students in building skills nec21 essary for workforce success, such as development of 

22 a career path; resume, letter, and memoranda writ23 ing; and job interviewing. 

24 (4) Providing students with mentors recruited 

25 through the partnerships described in paragraph (1) 


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1 who are equipped to assist a mentee in the skill 

2 building described in paragraph (3). 

3 Subtitle B—Community College 

4 SEC. 8101. PURPOSE. 

5 The purpose of this subtitle is to help all individuals 

6 of the United States earn the education and skills the indi7 viduals need— 

8 (1) by making 2 years of community college 

9 free, through a new partnership with States and In10 dian tribes to help the States and Indian tribes— 

11 (A) waive resident community college tui12 tion and fees for eligible students; 

13 (B) maintain State and Indian tribe sup14 port for higher education; and 

15 (C) promote key reforms to improve stu16 dent outcomes; and 

17 (2) through a new partnership with minority18 serving institutions to— 

19 (A) encourage eligible students to enroll 

20 and successfully complete a baccalaureate de21 gree at participating institutions; and 

22 (B) promote key reforms to improve stu23 dent outcomes. 


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1 PART 1—STATE AND INDIAN TRIBE GRANTS FOR 

2 COMMUNITY COLLEGES 

3 SEC. 8111. IN GENERAL. 

4 From amounts appropriated under section 8117(a) 

5 for any fiscal year, the Secretary shall award grants to 

6 eligible States and Indian tribes to pay the Federal share 

7 of expenditures needed to carry out the activities and serv8 ices described in section 8115. 

9 SEC. 8112. FEDERAL SHARE; NON-FEDERAL SHARE. 

10 (a) FEDERAL SHARE.— 

11 (1) FORMULA.—Subject to paragraph (2), the 

12 Federal share of a grant under this part shall be 

13 based on a formula, determined by the Secretary, 

14 that— 

15 (A) accounts for the State or Indian tribe’s 

16 share of eligible students; and 

17 (B) provides, for each eligible student in 

18 the State or Indian tribe, a per-student amount 

19 that is— 

20 (i) not less than 300 percent of the 

21 per-student amount of the State or Indian 

22 tribe share, determined under subsection 

23 (b), subject to clause (ii); and 

24 (ii) not greater than 75 percent of— 

25 (I) for the 2019–2020 award 

26 year, the average resident community 


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1 college tuition and fees per student in 

2 all States for the most recent year for 

3 which data are available; and 

4 (II) for each subsequent award 

5 year, the average resident community 

6 college tuition and fees per student in 

7 all States calculated under this sub8 clause for the preceding year, in9 creased by the lesser of— 

10 (aa) the percentage by which 

11 the average resident community 

12 college tuition and fees per stu13 dent in all States for the most re14 cent year for which data are 

15 available increased as compared 

16 to such average for the preceding 

17 year; or 

18 (bb) 3 percent. 

19 (2) EXCEPTION FOR CERTAIN INDIAN

20 TRIBES.—In any case in which not less than 75 per21 cent of the students at the community colleges oper22 ated or controlled by an Indian tribe are low-income 

23 students, the amount of the Federal share for such 

24 Indian tribe shall be not less than 95 percent of the 

25 total amount needed to waive tuition and fees for all 


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1 eligible students enrolled in such community col2 leges. 

3 (b) STATE OR TRIBAL SHARE.— 

4 (1) FORMULA.— 

5 (A) IN GENERAL.—The State or tribal 

6 share of a grant under this part for each fiscal 

7 year shall be the amount needed to pay 25 per8 cent of the average community college resident 

9 tuition and fees per student in all States in the 

10 2019–2020 award year for all eligible students 

11 in the State or Indian tribe, respectively, for 

12 such fiscal year, except as provided in subpara13 graph (B). 

14 (B) EXCEPTION FOR CERTAIN INDIAN

15 TRIBES.—In a case in which not less than 5 

16 percent of the students at the community col17 leges operated or controlled by an Indian tribe 

18 are low-income students, the amount of such 

19 Indian tribe’s tribal share shall not exceed 5 

20 percent of the total amount needed to waive tui21 tion and fees for all eligible students enrolled in 

22 such community colleges. 

23 (2) NEED-BASED AID.—A State or Indian tribe 

24 may include any need-based financial aid provided 


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1 through State or tribal funds to eligible students as 

2 part of the State or tribal share. 

3 (3) NO IN-KIND CONTRIBUTIONS.—A State or 

4 Indian tribe shall not include in-kind contributions 

5 for purposes of the State or tribal share described 

6 in paragraph (1). 

7 SEC. 8113. ELIGIBILITY. 

8 To be eligible for a grant under this part, a State 

9 or Indian tribe shall agree to waive community college 

10 resident tuition and fees for all eligible students for each 

11 year of the grant. 

12 SEC. 8114. APPLICATIONS. 

13 (a) SUBMISSION.—For each fiscal year for which a 

14 State or Indian tribe desires a grant under this part, an 

15 application shall be submitted to the Secretary at such 

16 time, in such manner, and containing such information as 

17 the Secretary may require. Such application shall be sub18 mitted by— 

19 (1) in the case of a State, the Governor, the 

20 State agency with jurisdiction over higher education, 

21 or another agency designated by the Governor to ad22 minister the program under this part; or 

23 (2) in the case of an Indian tribe, the governing 

24 body of such tribe. 


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1 (b) CONTENTS.—Each State or Indian tribe applica2 tion shall include, at a minimum— 

3 (1) an estimate of the number of eligible stu4 dents in the State or Indian tribe and the cost of 

5 waiving community college resident tuition and fees 

6 for all eligible students for each fiscal year covered 

7 by the grant, with annual increases of an amount 

8 that shall not exceed 3 percent of the prior year’s 

9 average resident community college tuition and fees; 

10 (2) an assurance that all community colleges in 

11 the State or under the jurisdiction of the Indian 

12 tribe, respectively, will waive resident tuition and 

13 fees for eligible students in programs that are— 

14 (A) academic programs with credits that 

15 can fully transfer via articulation agreement to16 ward a baccalaureate degree or postbaccalau17 reate degree at any public institution of higher 

18 education in the State; or 

19 (B) occupational skills training programs 

20 that lead to a recognized postsecondary creden21 tial that is in an in-demand industry sector or 

22 occupation in the State; 

23 (3) a description of the promising and evidence24 based institutional reforms and innovative practices 

25 to improve student outcomes, including completion 


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1 or transfer rates, that have been or will be adopted 

2 by the participating community colleges, such as— 

3 (A) providing comprehensive academic and 

4 student support services, including mentoring 

5 and advising, especially for low-income, first6 generation, adult, and other underrepresented 

7 students; 

8 (B) providing accelerated learning opportu9 nities, such as dual or concurrent enrollment 

10 programs; 

11 (C) advancing competency-based education; 

12 (D) strengthening remedial education, es13 pecially for low-income, first-generation, adult 

14 and other underrepresented students; 

15 (E) implementing course redesigns of high16 enrollment courses to improve student outcomes 

17 and reduce cost; or 

18 (F) utilizing career pathways or degree 

19 pathways; 

20 (4) a description of how the State or Indian 

21 tribe will promote alignment between its public sec22 ondary school and postsecondary education systems, 

23 including between 2-year and 4-year public institu24 tions of higher education and with minority-serving 

25 institutions described in section 371 of the Higher 


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1 Education Act of 1965 (20 U.S.C. 1067q), to ex2 pand awareness of and access to postsecondary edu3 cation, reduce the need for remediation and repeated 

4 coursework, and improve student outcomes; 

5 (5) a description of how the State or Indian 

6 tribe will ensure that programs leading to a recog7 nized postsecondary credential meet the quality cri8 teria established by the State under section 123(a) 

9 of the Workforce Innovation and Opportunity Act 

10 (29 U.S.C. 3153(a)) or other quality criteria deter11 mined appropriate by the State or Indian tribe; 

12 (6) an assurance that all participating commu13 nity colleges in the State or under the authority of 

14 the Indian tribe have entered into program partici15 pation agreements under section 487 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1094); 

17 (7) an assurance that, for each year of the 

18 grant, the State or Indian tribe will notify each eligi19 ble student of the student’s remaining eligibility for 

20 assistance under this part; and 

21 (8) a description of how the State or Indian 

22 tribe will promote the improved performance of pub23 lic institutions of higher education through funding 

24 reform, including through the use of a performance25 based model that allocates a portion of the State or 


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1 Indian tribe’s public higher education expenditures 

2 based on the performance of those institutions on 

3 State-specified metrics, including successful student 

4 outcomes, while ensuring that existing funding gaps 

5 for underresourced institutions are not exacerbated. 

6 SEC. 8115. ALLOWABLE USES OF FUNDS. 

7 (a) IN GENERAL.—A State or Indian tribe shall use 

8 a grant under this part only to provide funds to partici9 pating community colleges to waive resident tuition and 

10 fees for eligible students who are enrolled in— 

11 (1) academic programs with credits that can 

12 fully transfer via articulation agreement toward a 

13 baccalaureate degree or postbaccalaureate degree at 

14 any public institution of higher education in the 

15 State; or 

16 (2) occupational skills training programs that 

17 lead to a recognized postsecondary credential that is 

18 in an in-demand industry sector or occupation in the 

19 State. 

20 (b) ADDITIONAL USES.—If a State or Indian tribe 

21 demonstrates to the Secretary that it has grant funds re22 maining after meeting the demand for activities described 

23 in subsection (a), the State or Indian tribe may use those 

24 funds to carry out one or more of the following: 


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1 (1) Expanding the waiver of resident tuition 

2 and fees at community college to students who are 

3 returning students or otherwise not enrolling in 

4 postsecondary education for the first time, and who 

5 meet the student eligibility requirements of clauses 

6 (i) through (v) of section 8116(4)(A). 

7 (2) Expanding the scope and capacity of high8 quality academic and occupational skills training 

9 programs at community colleges. 

10 (3) Improving postsecondary education readi11 ness in the State or Indian tribe, through outreach 

12 and early intervention. 

13 (4) Expanding access to dual or concurrent en14 rollment programs. 

15 (5) Improving affordability at 4-year public in16 stitutions of higher education. 

17 (c) USE OF FUNDS FOR ADMINISTRATIVE PUR18 POSES.—A State or Indian tribe that receives a grant 

19 under this part may not use any funds provided under 

20 this part for administrative purposes relating to the grant 

21 under this part. 

22 (d) MAINTENANCE OF EFFORT.—A State or Indian 

23 tribe receiving a grant under this part is entitled to receive 

24 its full allotment of funds under this part for a fiscal year 

25 only if, for each year of the grant, the State or Indian 


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1 tribe provides financial support for public higher education 

2 at a level equal to or exceeding the average amount pro3 vided per full-time equivalent student for public institu4 tions of higher education for the 3 consecutive preceding 

5 State or Indian tribe fiscal years. In making the calcula6 tion under this subsection, the State or Indian tribe shall 

7 exclude capital expenses and research and development 

8 costs and include need-based financial aid for students 

9 who attend public institutions of higher education. 

10 (e) ANNUAL REPORT.—A State or Indian tribe re11 ceiving a grant under this part shall submit an annual 

12 report to the Secretary describing the uses of grant funds 

13 under this part, the progress made in fulfilling the require14 ments of the grant, and rates of graduation, transfer and 

15 attainment of recognized postsecondary credentials at par16 ticipating community colleges, and including any other in17 formation as the Secretary may require. 

18 (f) REPORTING BY SECRETARY.—The Secretary an19 nually shall— 

20 (1) compile and analyze the information de21 scribed in subsection (e); and 

22 (2) prepare and submit a report to the Com23 mittee on Health, Education, Labor, and Pensions 

24 of the Senate and the Committee on Education and 

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1 taining the analysis described in paragraph (1) and 

2 an identification of State and Indian tribe best prac3 tices for achieving the purpose of this part. 

4 (g) TECHNICAL ASSISTANCE.—The Secretary shall 

5 provide technical assistance to eligible States and Indian 

6 tribes concerning best practices regarding the promising 

7 and evidence-based institutional reforms and innovative 

8 practices to improve student outcomes as described in sec9 tion 8114(b)(3) and shall disseminate such best practices 

10 among the States and Indian tribes. 

11 (h) CONTINUATION OF FUNDING.— 

12 (1) IN GENERAL.—A State or Indian tribe re13 ceiving a grant under this part for a fiscal year may 

14 continue to receive funding under this part for fu15 ture fiscal years conditioned on the availability of 

16 budget authority and on meeting the requirements 

17 of the grant, as determined by the Secretary. 

18 (2) DISCONTINUATION.—The Secretary may 

19 discontinue funding of the Federal share of a grant 

20 under this part if the State or Indian tribe has vio21 lated the terms of the grant or is not making ade22 quate progress in implementing the reforms de23 scribed in the application submitted under section 

24 8114. 


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1 SEC. 8116. DEFINITIONS. 

2 In this part: 

3 (1) CAREER PATHWAY.—The term ‘‘career 

4 pathway’’ has the meaning given the term in section 

5 3 of the Workforce Innovation and Opportunity Act 

6 (29 U.S.C. 3102). 

7 (2) COMMUNITY COLLEGE.—The term ‘‘commu8 nity college’’ means a public institution of higher 

9 education at which the highest degree that is pre10 dominantly awarded to students is an associate’s de11 gree, including 2-year tribally controlled colleges 

12 under section 316 of the Higher Education Act of 

13 1965 (20 U.S.C. 1059c) and public 2-year State in14 stitutions of higher education. 

15 (3) DUAL OR CONCURRENT ENROLLMENT PRO16 GRAM.—The term ‘‘dual or concurrent enrollment 

17 program’’ means an academic program through 

18 which a secondary school student is able simulta19 neously to earn credit toward a secondary school di20 ploma and a postsecondary degree or other recog21 nized postsecondary credential, including early col22 lege high school programs. 

23 (4) ELIGIBLE STUDENT.— 

24 (A) DEFINITION.—The term ‘‘eligible stu25 dent’’ means a student who— 


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1 (i)(I) enrolls in a community college 

2 for the first time, regardless of age, after 

3 the date of enactment of this Act; or 

4 (II) is enrolled in a community col5 lege, for the first time, as of the date of 

6 enactment of this Act; 

7 (ii) attends the community college on 

8 not less than a half-time basis; 

9 (iii) is maintaining satisfactory 

10 progress, as defined in section 484(c) of 

11 the Higher Education Act of 1965 (20 

12 U.S.C. 1091(c)), in the student’s course of 

13 study; 

14 (iv) qualifies for resident tuition, as 

15 determined by the State or Indian tribe; 

16 and 

17 (v) is enrolled in an eligible program 

18 described in section 8114(b)(2). 

19 (B) SPECIAL RULE.—An otherwise eligible 

20 student shall lose eligibility 3 calendar years 

21 after first receiving benefits under this part. 

22 (5) IN-DEMAND INDUSTRY SECTOR OR OCCUPA23 TION.—The term ‘‘in-demand industry sector or oc24 cupation’’ has the meaning given the term in section 


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1 3 of the Workforce Innovation and Opportunity Act 

2 (29 U.S.C. 3102). 

3 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given the term in section 102 of the 

5 Federally Recognized Indian Tribe List Act of 1994 

6 (25 U.S.C. 479a). 

7 (7) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘‘institution of higher education’’ has the 

9 meaning given the term in section 101 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1001). 

11 (8) RECOGNIZED POSTSECONDARY CREDEN12 TIAL.—The term ‘‘recognized postsecondary creden13 tial’’ has the meaning as described in section 3 of 

14 the Workforce Innovation and Opportunity Act (29 

15 U.S.C. 3102). 

16 (9) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Education. 

18 (10) STATE.—The term ‘‘State’’ has the mean19 ing given the term in section 103 of the Higher 

20 Education Act of 1965 (20 U.S.C. 1003). 

21 SEC. 8117. APPROPRIATIONS. 

22 (a) AUTHORIZATION AND APPROPRIATIONS.—For 

23 the purpose of making grants under this part, there are 

24 authorized to be appropriated, and there are appro25 priated— 


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1 (1) $1,365,000,000 for fiscal year 2019; 

2 (2) $3,020,000,000 for fiscal year 2020; 

3 (3) $3,854,000,000 for fiscal year 2021; 

4 (4) $5,395,000,000 for fiscal year 2022; 

5 (5) $7,061,000,000 for fiscal year 2023; 

6 (6) $8,085,000,000 for fiscal year 2024; 

7 (7) $10,182,000,000 for fiscal year 2025; 

8 (8) $13,019,000,000 for fiscal year 2026; 

9 (9) $13,583,000,000 for fiscal year 2027; and 

10 (10) $14,171,000,000 for fiscal year 2028 and 

11 each succeeding fiscal year. 

12 (b) AVAILABILITY.—Funds appropriated under sub13 section (a) shall remain available to the Secretary until 

14 expended. 

15 (c) INSUFFICIENT FUNDS.—If the amount appro16 priated under subsection (a) for a fiscal year is not suffi17 cient to award each participating State and Indian tribe 

18 a grant under this part that is equal to the minimum 

19 amount of the Federal share described in section 8112(a), 

20 the Secretary may ratably reduce the amount of each such 

21 grant or take other actions necessary to ensure an equi22 table distribution of such amount. 


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1 PART 2—GRANTS TO CERTAIN INSTITUTIONS OF 

2 HIGHER EDUCATION 

3 SEC. 8121. PATHWAYS TO STUDENT SUCCESS FOR HISTORI4 CALLY BLACK COLLEGES AND UNIVERSITIES. 

5 (a) IN GENERAL.—From amounts appropriated 

6 under section 8124(a) for any fiscal year, the Secretary 

7 shall award grants to participating 4-year historically 

8 black colleges or universities that meet the requirements 

9 of subsection (b) to— 

10 (1) encourage students to enroll as first-time 

11 students and successfully complete a bachelor’s de12 gree at participating institutions; 

13 (2) provide incentives to community college stu14 dents to transfer to participating institutions 

15 through strong transfer pathways to complete a 

16 bachelor’s degree program; and 

17 (3) support participating institutions to better 

18 serve new and existing students by engaging in re19 forms and innovations designed to improve comple20 tion rates and other student outcomes. 

21 (b) ELIGIBILITY.—To be eligible to receive a grant 

22 under the program under this section, an institution shall 

23 be a historically black college or university that— 

24 (1) has a student body of which not less than 

25 35 percent are low-income students; 


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1 (2) commits to maintaining or adopting and im2 plementing promising and evidence-based institu3 tional reforms and innovative practices to improve 

4 the completion rates and other student outcomes, 

5 such as— 

6 (A) providing comprehensive academic and 

7 student support services, including mentoring 

8 and advising; 

9 (B) providing accelerated learning opportu10 nities and degree pathways, such as dual enroll11 ment and pathways to graduate and profes12 sional degree programs; 

13 (C) advancing distance and competency14 based education; 

15 (D) partnering with employers, industry, 

16 not-for-profit associations, and other groups to 

17 provide opportunities to advance learning out18 side the classroom, including work-based learn19 ing opportunities such as internships or appren20 ticeships or programs designed to improve 

21 inter-cultural development and personal growth, 

22 such as foreign exchange and study abroad pro23 grams; 

24 (E) reforming remedial education, espe25 cially for low-income students, first generation 


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1 college students, adult students, and other 

2 underrepresented students; or 

3 (F) implementing course redesigns of high4 enrollment courses to improve student outcomes 

5 and reduce cost; 

6 (3) sets performance goals for improving stu7 dent outcomes for the duration of the grant; and 

8 (4) if receiving a grant for transfer students, 

9 has articulation agreements with community colleges 

10 at the national, State, or local level to ensure that 

11 community college credits can fully transfer to the 

12 participating institution. 

13 (c) GRANT AMOUNT.— 

14 (1) INITIAL AMOUNT.—For the first year that 

15 an eligible institution participates in the grant pro16 gram under this section and subject to paragraph 

17 (3), such eligible institution shall receive a grant in 

18 an amount based on the product of— 

19 (A) the actual cost of tuition and fees at 

20 the eligible institution in such year (referred to 

21 in this section as the per-student rebate); multi22 plied by 

23 (B) the number of eligible students en24 rolled in the eligible institution for the pre25 ceding year. 


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1 (2) SUBSEQUENT INCREASES.—For each suc2 ceeding year after the first year of the grant pro3 gram under this section, each participating eligible 

4 institution shall receive a grant in the amount deter5 mined under paragraph (1) for such year, except 

6 that in no case shall the amount of the per-student 

7 rebate for an eligible institution increase by more 

8 than 3 percent as compared to the amount of such 

9 rebate for the preceding year. 

10 (3) LIMITATIONS.— 

11 (A) MAXIMUM PER-STUDENT REBATE.— 

12 No eligible institution participating in the grant 

13 program under this section shall receive a per14 student rebate amount for any year that is 

15 greater than the national average of annual tui16 tion and fees at public 4-year institutions of 

17 higher education for such year, as determined 

18 by the Secretary. 

19 (B) FIRST YEAR TUITION AND FEES.— 

20 During the first year of participation in the 

21 grant program under this section, no eligible in22 stitution may increase tuition and fees at a rate 

23 greater than any annual increase at the eligible 

24 institution in the previous 5 years. 


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1 (d) APPLICATION.—An eligible institution that de2 sires a grant under this section shall submit an application 

3 to the Secretary at such time, in such manner, and con4 taining such information as the Secretary may require. 

5 (e) USE OF FUNDS.—Funds awarded under this sec6 tion to a participating eligible institution shall be used to 

7 waive or significantly reduce tuition and fees for eligible 

8 students in an amount of not more than up to the annual 

9 per-student rebate amount for each student, for not more 

10 than the first 60 credits an eligible student enrolls in the 

11 participating eligible institution. 

12 SEC. 8122. PATHWAYS TO STUDENT SUCCESS FOR HIS13 PANIC-SERVING INSTITUTIONS, ASIAN AMER14 ICAN AND NATIVE AMERICAN PACIFIC IS15 LANDER-SERVING INSTITUTIONS, TRIBAL 

16 COLLEGES AND UNIVERSITIES, ALASKA NA17 TIVE-SERVING INSTITUTIONS, NATIVE HAWAI18 IAN-SERVING INSTITUTIONS, PREDOMI19 NANTLY BLACK INSTITUTIONS, AND NATIVE 

20 AMERICAN-SERVING NONTRIBAL INSTITU21 TIONS. 

22 (a) IN GENERAL.—From amounts appropriated 

23 under section 8124(a) for any fiscal year, the Secretary 

24 shall award grants to participating 4-year minority-serving 

25 institutions to— 


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1 (1) encourage students to enroll as first-time 

2 students and successfully complete a bachelor’s de3 gree at participating institutions; 

4 (2) provide incentives to community college stu5 dents to transfer to participating institutions 

6 through strong transfer pathways to complete a 

7 bachelor’s degree program; and 

8 (3) support participating institutions to better 

9 serve new and existing students by engaging in re10 forms and innovations designed to improve comple11 tion rates and other student outcomes. 

12 (b) INSTITUTIONAL ELIGIBILITY.—To be eligible to 

13 participate and receive a grant under this section, an insti14 tution shall be a minority-serving institution that— 

15 (1) has a student body of which not less than 

16 35 percent are low-income students; 

17 (2) commits to maintaining or adopting and im18 plementing promising and evidence-based institu19 tional reforms and innovative practices to improve 

20 the completion rates and other student outcomes, 

21 such as— 

22 (A) providing comprehensive academic and 

23 student support services, including mentoring 

24 and advising; 


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1 (B) providing accelerated learning opportu2 nities and degree pathways, such as dual enroll3 ment and pathways to graduate and profes4 sional degree programs; 

5 (C) advancing distance and competency6 based education; 

7 (D) partnering with employers, industry, 

8 not-for-profit associations, and other groups to 

9 provide opportunities to advance learning out10 side the classroom, including work-based learn11 ing opportunities such as internships or appren12 ticeships or programs designed to improve 

13 inter-cultural development and personal growth, 

14 such as foreign exchange and study abroad pro15 grams; 

16 (E) reforming remedial education, espe17 cially for low-income students, first generation 

18 college students, adult students, and other 

19 underrepresented students; and 

20 (F) implementing course redesigns of high21 enrollment courses to improve student outcomes 

22 and reduce cost; 

23 (3) sets performance goals for improving stu24 dent outcomes for the duration of the grant; and 


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1 (4) if receiving a grant for transfer students, 

2 has articulation agreements with community colleges 

3 at the national, State, or local levels to ensure that 

4 community college credits can fully transfer to the 

5 participating institution. 

6 (c) GRANT AMOUNT.— 

7 (1) INITIAL AMOUNT.—For the first year that 

8 an eligible institution participates in the grant pro9 gram under this section and subject to paragraph 

10 (3), such participating eligible institution shall re11 ceive a grant in an amount based on the product 

12 of— 

13 (A) the actual cost of tuition and fees at 

14 the eligible institution in such year (referred to 

15 in this section as the per-student rebate); multi16 plied by 

17 (B) the number of eligible students en18 rolled in the eligible institution for the pre19 ceding year. 

20 (2) SUBSEQUENT INCREASES.—For each suc21 ceeding year after the first year of the grant pro22 gram under this section, each participating eligible 

23 institution shall receive a grant in the amount deter24 mined under paragraph (1) for such year, except 

25 that in no case shall the amount of the per-student 


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1 rebate increase by more than 3 percent as compared 

2 to the amount of such rebate for the preceding year. 

3 (3) LIMITATIONS.— 

4 (A) MAXIMUM PER-STUDENT REBATE.— 

5 No eligible institution participating in the grant 

6 program under this section shall receive a per7 student rebate amount for a grant year greater 

8 than the national average of public four-year in9 stitutional tuition and fees, as determined by 

10 the Secretary. 

11 (B) FIRST YEAR TUITION AND FEES.— 

12 During the first year of participation in the 

13 grant program under this section, no eligible in14 stitution may increase tuition and fees at a rate 

15 greater than any annual increase made by the 

16 institution in the previous 5 years. 

17 (d) APPLICATION.—An eligible institution shall sub18 mit an application to the Secretary at such time, in such 

19 a manner, and containing such information as determined 

20 by the Secretary. 

21 (e) USE OF FUNDS.—Funds awarded under this sec22 tion to a participating eligible institution shall be used to 

23 waive or significantly reduce tuition and fees for eligible 

24 students in an amount of not more than up to the annual 

25 per-student rebate amount for each student, for not more 


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1 than the first 60 credits an eligible student enrolls in the 

2 participating eligible institution. 

3 SEC. 8123. DEFINITIONS. 

4 In this part: 

5 (1) ELIGIBLE STUDENT.— 

6 (A) DEFINITION.—The term ‘‘eligible stu7 dent’’ means a student, regardless of age, 

8 who— 

9 (i)(I) enrolls in a historically black 

10 college or university, or minority-serving 

11 institution, for the first time; or 

12 (II) transfers from a community col13 lege into a historically black college or uni14 versity, or minority-serving institution, for 

15 the first time; 

16 (ii) attends the historically black col17 lege or university, or minority serving in18 stitution, on at least a half-time basis; 

19 (iii) maintains satisfactory academic 

20 progress; and 

21 (iv) is a low-income student. 

22 (B) SPECIAL RULES.— 

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1 endar years after first receiving benefits 

2 under this part. 

3 (ii) SPECIAL RULE FOR CERTAIN STU4 DENTS.—Notwithstanding subparagraph 

5 (A)(i), an otherwise eligible student whose 

6 parent or guardian was denied a Federal 

7 Direct PLUS loan under title IV of the 

8 Higher Education Act of 1965 (20 U.S.C. 

9 1070 et seq.) after November 2011 and be10 fore March 29, 2015, and who subse11 quently withdrew from a historically black 

12 college or university, or minority-serving 

13 institution, and has not yet completed a 

14 program of study at such historically black 

15 college or university or minority-serving in16 stitution, shall be eligible to participate 

17 under section 8121 or 8122 in order to 

18 complete such program of study, subject to 

19 all other requirements of section 8121 or 

20 8122 (as the case may be). 

21 (2) HISTORICALLY BLACK COLLEGE OR UNI22 VERSITY.—The term ‘‘historically black college or 

23 university’’ means a part B institution described in 

24 section 322(2) of the Higher Education Act of 1965 

25 (20 U.S.C. 1061(2)). 


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1 (3) LOW-INCOME STUDENT.—The term ‘‘low-in2 come student’’ has the meaning given such term by 

3 the Secretary, except that such term shall not ex4 clude any student eligible for a Federal Pell Grant 

5 under section 401 of the Higher Education Act of 

6 1965 (20 U.S.C. 1070a). 

7 (4) MINORITY-SERVING INSTITUTION.—The 

8 term ‘‘minority-serving institution’’ means any pub9 lic or not-for-profit institution of higher education— 

10 (A) described in paragraphs (2) through 

11 (7) of section 371(a) of the Higher Education 

12 Act of 1965 (20 U.S.C. 1067q); and 

13 (B) designated as a minority-serving insti14 tution by the Secretary. 

15 SEC. 8124. APPROPRIATIONS. 

16 (a) AUTHORIZATION AND APPROPRIATIONS FOR

17 HBCU AND MSI GRANTS.—For the purpose of carrying 

18 out sections 8121 and 8122, there are authorized to be 

19 appropriated, and there are appropriated— 

20 (1) $55,000,000 for fiscal year 2019; 

21 (2) $180,000,000 for fiscal year 2020; 

22 (3) $1,072,000,000 for fiscal year 2021; 

23 (4) $1,115,000,000 for fiscal year 2022; 

24 (5) $1,160,000,000 for fiscal year 2023; 

25 (6) $1,206,000,000 for fiscal year 2024; 


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1 (7) $1,225,000,000 for fiscal year 2025; 

2 (8) $1,306,000,000 for fiscal year 2026; 

3 (9) $1,359,000,000 for fiscal year 2027; and 

4 (10) $1,414,000,000 for fiscal year 2028 and 

5 each succeeding fiscal year. 

6 (b) AVAILABILITY.—Funds appropriated under sub7 section (a) are to remain available to the Secretary until 

8 expended. 

9 (c) INSUFFICIENT FUNDS.—If the amount appro10 priated under subsection (a) for a fiscal year is not suffi11 cient to award each participating institution in the grant 

12 programs under sections 8121 and 8122 a grant under 

13 this part equal to 100 percent of the grant amount deter14 mined under section 8121(c), the Secretary may ratably 

15 reduce the amount of each such grant or take other ac16 tions necessary to ensure an equitable distribution of such 

17 amount. 

18 Subtitle C—Higher Education 

19 PART 1—EARLY COLLEGE FEDERAL PELL 

20 GRANTS 

21 SEC. 8201. EARLY COLLEGE FEDERAL PELL GRANT. 

22 Section 401 of the Higher Education Act of 1965 (20 

23 U.S.C. 1070a) is amended by adding at the end the fol24 lowing: 

25 ‘‘(k) EARLY COLLEGE FEDERAL PELL GRANTS.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding the re2 quirement under section 484(a)(1) that a student 

3 not been enrolled in an elementary or secondary 

4 school to be eligible to receive a Federal Pell Grant 

5 under this section, for the award years beginning on 

6 July 1, 2019, and ending on June 30, 2025, the 

7 Secretary shall carry out a program to award Early 

8 College Federal Pell Grants to eligible students to 

9 support enrollment in, and completion of, postsec10 ondary courses offered through an early college high 

11 school. 

12 ‘‘(2) MAXIMUM PERIOD FOR EARLY COLLEGE

13 FEDERAL PELL GRANTS.—An eligible student may 

14 receive an Early College Federal Pell Grant under 

15 this subsection in an amount equal to the cost of not 

16 more than 4 full-time postsecondary semesters, or 

17 the equivalent of 4 full-time postsecondary semes18 ters, as determined by the Secretary by regulation, 

19 while enrolled in postsecondary courses offered by an 

20 early college high school. 

21 ‘‘(3) COUNTING OF AWARDS FOR PURPOSES OF

22 FEDERAL PELL GRANTS.— 

23 ‘‘(A) IN GENERAL.—An Early College Fed24 eral Pell Grant received under this subsection 

25 shall be counted toward the maximum period 


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1 for which a student may receive Federal Pell 

2 Grants under this section, as provided under 

3 subsection (c)(5). 

4 ‘‘(B) WAIVER.—The Secretary may waive 

5 the requirement under subparagraph (A) on a 

6 case-by-case basis for any student dem7 onstrating evidence of a credible disruption or 

8 redirection in course of study necessitating ad9 ditional time to complete a postsecondary de10 gree or credential. 

11 ‘‘(4) TERMS AND CONDITIONS.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 this subsection, an Early College Federal Pell 

14 Grant received under this subsection shall have 

15 the same terms and conditions, and be awarded 

16 in the same manner, as Federal Pell Grants 

17 awarded under this section. 

18 ‘‘(B) MINIMUM COMPLETION.—An eligible 

19 student may only receive an Early College Fed20 eral Pell Grant under this subsection upon com21 pletion of a full-time postsecondary semester, or 

22 the equivalent of a full-time postsecondary se23 mester, as determined by the Secretary by regu24 lation. 


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1 ‘‘(C) AMOUNT.—The Secretary shall pay 

2 an eligible institution that is engaged in a part3 nership as part of an early college high school 

4 an amount equal to the cost of tuition, fees, 

5 and books for each postsecondary course (in6 cluding with respect to the postsecondary 

7 courses completed to satisfy the requirement 

8 under subparagraph (B)) an eligible student 

9 completes through such early college high 

10 school, provided such eligible student satisfies 

11 the requirement under subparagraph (B). 

12 ‘‘(5) REPORTING.—Each early college high 

13 school shall annually submit to the Secretary a re14 port on the program of postsecondary courses pro15 vided to eligible students that includes the following 

16 information that is reported for all eligible students 

17 and disaggregated by each student subgroup of eligi18 ble students: 

19 ‘‘(A) Total number and percentage of eligi20 ble students who enroll in and subsequently 

21 complete the program at the early college high 

22 school. 

23 ‘‘(B) The number of postsecondary credits 

24 earned by eligible students while enrolled in the 

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1 ward a postsecondary degree or credential pro2 gram. 

3 ‘‘(C) The percentage of eligible students 

4 enrolled in the early college high school who 

5 concurrently earn a secondary school diploma 

6 and an associate degree or equivalent. 

7 ‘‘(D) The percentage of early college high 

8 school graduates completing the program who 

9 enroll in a postsecondary institution. 

10 ‘‘(E) The total amount of Early College 

11 Federal Pell Grants awarded to eligible stu12 dents served by the early college high school. 

13 ‘‘(6) DEFINITIONS.—In this subsection: 

14 ‘‘(A) EARLY COLLEGE HIGH SCHOOL.— 

15 The term ‘early college high school’ has the 

16 meaning given the term in section 8101 of the 

17 Elementary and Secondary Education Act of 

18 1965. 

19 ‘‘(B) ELIGIBLE INSTITUTION.—The term 

20 ‘eligible institution’ means an institution that— 

21 ‘‘(i) complies with the existing re22 quirements of being an eligible institution 

23 under this title; and 

24 ‘‘(ii) demonstrates that it— 


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1 ‘‘(I) is participating in a state2 wide articulation agreement; 

3 ‘‘(II) has an articulation agree4 ment in place with at least one public 

5 institution of higher education; or 

6 ‘‘(III) has a track record of stu7 dents successfully transferring credits 

8 earned at the institution to public in9 stitutions of higher education. 

10 ‘‘(C) ELIGIBLE STUDENT.—The term ‘eli11 gible student’ means a student enrolled at an 

12 early college high school who, if such student 

13 met the requirements of section 484 for eligi14 bility for a Federal Pell Grant, would be award15 ed a Federal Pell Grant after the determination 

16 of the expected family contribution for such stu17 dent. 

18 ‘‘(D) STUDENT SUBGROUP.—The term 

19 ‘student subgroup’ means— 

20 ‘‘(i) economically disadvantaged stu21 dents; 

22 ‘‘(ii) students from major racial and 

23 ethnic groups; 

24 ‘‘(iii) children with disabilities; and 

25 ‘‘(iv) English learners.’’. 


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1 PART 2—MANDATORY FUNDING FOR PELL 

2 GRANTS 

3 SEC. 8205. FUNDING FEDERAL PELL GRANTS THROUGH 

4 MANDATORY FUNDING. 

5 (a) MANDATORY FUNDING; REINSTATING ELIGI6 BILITY FOR INCARCERATED INDIVIDUALS.—Section 401 

7 of the Higher Education Act of 1965 (20 U.S.C. 1070a) 

8 is amended— 

9 (1) in subsection (a)(1), by striking ‘‘through 

10 fiscal year 2017’’; 

11 (2) in subsection (b)— 

12 (A) by striking paragraphs (1), (6), and 

13 (7); 

14 (B) by redesignating paragraph (8) as 

15 paragraph (7); 

16 (C) by striking subparagraph (A) of para17 graph (2); 

18 (D) by redesignating subparagraph (B) of 

19 paragraph (2) as paragraph (2); 

20 (E) by inserting before paragraph (2) (as 

21 redesignated by subparagraph (D)) the fol22 lowing: 

23 ‘‘(1) AMOUNT.—The amount of the Federal Pell 

24 Grant for a student eligible under this subpart shall be— 

25 ‘‘(A) the maximum Federal Pell Grant de26 scribed in paragraph (6); less 


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1 ‘‘(B) the amount equal to the amount deter2 mined to be the expected family contribution with 

3 respect to such student for such year.’’; 

4 (F) in paragraph (4), by striking ‘‘max5 imum amount of a Federal Pell Grant award 

6 determined under paragraph (2)(A)’’ and in7 serting ‘‘maximum Federal Pell Grant described 

8 in paragraph (6)’’; 

9 (G) in paragraph (5), by striking ‘‘max10 imum amount of a Federal Pell Grant award 

11 determined under paragraph (2)(A)’’ and in12 serting ‘‘maximum amount of a Federal Pell 

13 Grant award described in paragraph (6)’’; 

14 (H) by inserting after paragraph (5) the 

15 following: 

16 ‘‘(6) MAXIMUM FEDERAL PELL GRANT.— 

17 ‘‘(A) AWARD YEAR 2020–2021.—For award 

18 year 2020–2021, the maximum Federal Pell 

19 Grant shall be $6,420. 

20 ‘‘(B) SUBSEQUENT AWARD YEARS.—For 

21 award year 2021–2022 and each subsequent 

22 award year, the maximum Federal Pell Grant 

23 shall be equal to the total maximum Federal 

24 Pell Grant for the preceding award year under 

25 this paragraph— 


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1 ‘‘(i) increased by the annual adjust2 ment percentage for the award year for 

3 which the amount under this subparagraph 

4 is being determined; and 

5 ‘‘(ii) rounded to the nearest $5. 

6 ‘‘(C) DEFINITION OF ANNUAL ADJUST7 MENT PERCENTAGE.—In this paragraph, the 

8 term ‘annual adjustment percentage,’ as applied 

9 to an award year, is equal to the estimated per10 centage increase in the Consumer Price Index 

11 (as determined by the Secretary, using the defi12 nition in section 478(f)) for the most recent cal13 endar year ending prior to the beginning of that 

14 award year.’’; and 

15 (I) in paragraph (7), as redesignated by 

16 subparagraph (B), by striking ‘‘may exceed’’ 

17 and all that follows through the period and in18 serting ‘‘may exceed the maximum Federal Pell 

19 Grant available for an award year.’’; 

20 (3) in subsection (f)— 

21 (A) in paragraph (1), by striking the mat22 ter preceding subparagraph (A) and inserting 

23 the following: ‘‘After receiving an application 

24 for a Federal Pell Grant under this subpart, the 

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1 retary processing applications for Federal Pell 

2 Grants under this subpart) shall, in a timely 

3 manner, furnish to the student financial aid ad4 ministrator at each institution of higher edu5 cation that a student awarded a Federal Pell 

6 Grant under this subpart is attending, the ex7 pected family contribution for each such stu8 dent. Each such student financial administrator 

9 shall—’’; and 

10 (B) in paragraph (3)— 

11 (i) by striking ‘‘after academic year 

12 1986–1987’’; and 

13 (ii) in paragraph (3), by striking ‘‘the 

14 Committee on Appropriations of the Sen15 ate, the Committee on Appropriations of 

16 the House of Representatives, and’’; 

17 (4) by striking subsections (g) and (h); 

18 (5) by redesignating subsections (i) and (j) as 

19 subsections (g) and (h), respectively; and 

20 (6) by adding at the end the following: 

21 ‘‘(k) APPROPRIATION OF FUNDS.—There are author22 ized to be appropriated, and there are appropriated, out 

23 of any money in the Treasury not otherwise appropriated, 

24 such sums as may be necessary for fiscal year 2019 and 

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1 eral Pell Grant for which a student shall be eligible under 

2 this section during an award year.’’. 

3 (b) REPEAL OF SCORING REQUIREMENT.—Section 

4 406 of H. Con. Res. 95 (109th Congress) is amended— 

5 (1) by striking subsection (b); and 

6 (2) by striking ‘‘(a) IN GENERAL.—Upon’’ and 

7 inserting the following: ‘‘Upon’’. 

8 PART 3—INCLUDING PARENT PLUS LOANS IN IN9 COME-CONTINGENT AND INCOME-BASED RE10 PAYMENT PLANS 

11 SEC. 8211. APPLICABLE RATE OF INTEREST FOR PLUS 

12 LOANS. 

13 Section 455(b)(8) of the Higher Education Act of 

14 1965 (20 U.S.C. 1087e(b)(8)) is amended— 

15 (1) in subparagraph (C), by inserting ‘‘and be16 fore July 1, 2019,’’ after ‘‘, 2013,’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(F) REDUCED RATE FOR PARENT PLUS

19 LOANS.—Notwithstanding the preceding para20 graphs of this subsection, for Federal Direct 

21 PLUS Loans made on behalf of a dependent 

22 student for which the first disbursement is 

23 made on or after July 1, 2019, the applicable 

24 rate of interest shall be determined under sub25 paragraph (C) of this paragraph— 


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1 ‘‘(i) by substituting ‘3.6 percent’ for 

2 ‘4.6 percent’; and 

3 ‘‘(ii) by substituting ‘9.5 percent’ for 

4 ‘10.5 percent’.’’. 

5 SEC. 8212. ELIMINATION OF ORIGINATION FEE FOR PAR6 ENT PLUS LOANS. 

7 Section 455(c) of the Higher Education Act of 1965 

8 (20 U.S.C. 1087e(c)) is amended by adding at the end 

9 the following new paragraph: 

10 ‘‘(3) PLUS LOANS.—With respect to Federal 

11 Direct PLUS loans made on behalf of a dependent 

12 student for which the first disbursement of principal 

13 is made on or after July 1, 2019, paragraph (1) 

14 shall be applied by substituting ‘0.0 percent’ for ‘4.0 

15 percent’.’’. 

16 SEC. 8213. COUNSELING FOR PARENT PLUS BORROWERS. 

17 Section 485 of the Higher Education Act of 1965 (20 

18 U.S.C. 1092) is amended by adding at the end the fol19 lowing: 

20 ‘‘(n) COUNSELING FOR PARENT PLUS BOR21 ROWERS.— 

22 ‘‘(1) IN GENERAL.—The Secretary, prior to dis23 bursement of a Federal Direct PLUS loan made on 

24 behalf of a dependent student, shall ensure that the 

25 borrower receives comprehensive information on the 


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1 terms and conditions of the loan and the responsibil2 ities the borrower has with respect to such loan. 

3 Such information— 

4 ‘‘(A) shall be provided through the use of 

5 interactive programs that use mechanisms to 

6 check the borrower’s understanding of the 

7 terms and conditions of the borrower’s loan, 

8 using simple and understandable language and 

9 clear formatting; and 

10 ‘‘(B) shall be provided— 

11 ‘‘(i) during a counseling session con12 ducted in person; or 

13 ‘‘(ii) online. 

14 ‘‘(2) INFORMATION TO BE PROVIDED.—The in15 formation to be provided to the borrower under 

16 paragraph (1) shall include the following: 

17 ‘‘(A) Information on how interest accrues 

18 and is capitalized during periods when the in19 terest is not paid by the borrower. 

20 ‘‘(B) An explanation of when loan repay21 ment begins, of the options available for a bor22 rower who may need a deferment, and that in23 terest accrues during a deferment. 


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1 ‘‘(C) The repayment plans that are avail2 able to the borrower, including personalized in3 formation showing— 

4 ‘‘(i) estimates of the borrower’s antici5 pated monthly payments under each repay6 ment plan that is available; and 

7 ‘‘(ii) the difference in interest paid 

8 and total payments under each repayment 

9 plan. 

10 ‘‘(D) The obligation of the borrower to 

11 repay the full amount of the loan, regardless of 

12 whether the student on whose behalf the loan 

13 was made completes the program in which the 

14 student is enrolled. 

15 ‘‘(E) The likely consequences of default on 

16 the loan, including adverse credit reports, delin17 quent debt collection procedures under Federal 

18 law, and litigation. 

19 ‘‘(F) The name and contact information of 

20 the individual the borrower may contact if the 

21 borrower has any questions about the bor22 rower’s rights and responsibilities or the terms 

23 and conditions of the loan.’’. 


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1 SEC. 8214. INCLUSION OF PARENT PLUS LOANS IN INCOME2 CONTINGENT AND INCOME-BASED REPAY3 MENT PLANS. 

4 (a) INCOME-CONTINGENT REPAYMENT PLAN.—Sec5 tion 455(d)(1)(D) of the Higher Education Act of 1965 

6 (20 U.S.C. 1087e(d)(1)(D)) is amended by striking ‘‘, ex7 cept that the plan described in this subparagraph shall 

8 not be available to the borrower of a Federal Direct PLUS 

9 loan made on behalf of a dependent student;’’. 

10 (b) INCOME-BASED REPAYMENT.— 

11 (1) SECTION 493C.—Section 493C of the High12 er Education Act of 1965 (20 U.S.C. 1098e) is 

13 amended— 

14 (A) in subsection (a)— 

15 (i) by striking ‘‘this section’’ and all 

16 that follows through ‘‘hardship’’ and in17 serting ‘‘In this section, the term ‘partial 

18 financial hardship’ ’’; and 

19 (ii) by striking, ‘‘(other than an ex20 cepted PLUS loan or excepted consolida21 tion loan)’’; 

22 (B) in subsection (b)— 

23 (i) in paragraph (1), by striking 

24 ‘‘(other than an excepted PLUS loan or 

25 excepted consolidation loan)’’; 


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1 (ii) in paragraph (6)(A), by striking 

2 ‘‘(other than an excepted PLUS loan or 

3 excepted consolidation loan)’’; and 

4 (iii) in paragraph (7), by striking 

5 ‘‘(other than a loan under section 428B or 

6 a Federal Direct PLUS Loan)’’; and 

7 (C) in subsection (c), by striking ‘‘(other 

8 than an excepted PLUS loan or excepted con9 solidation loan),’’. 

10 (2) SECTION 455(d)(1)(E).—Section 

11 455(d)(1)(E) of such Act (20 U.S.C. 

12 1087e(d)(1)(D)) is amended by striking ‘‘, except 

13 that the plan described in this subparagraph shall 

14 not be available to the borrower of a Federal Direct 

15 PLUS Loan made on behalf of a dependent student 

16 or a Federal Direct Consolidation Loan, if the pro17 ceeds of such loan were used to discharge the liabil18 ity on such Federal Direct PLUS Loan or a loan 

19 under section 428B made on behalf of a dependent 

20 student’’. 

21 (c) APPLICATION TO REGULATIONS.—The Secretary 

22 shall ensure that any Federal Direct PLUS Loan and any 

23 loan under section 428B of the Higher Education Act of 

24 1965 (20 U.S.C. 1078–2) made on behalf of a dependent 

25 student are eligible for any repayment plan available 


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1 under the Higher Education Act of 1965 (20 U.S.C. 1001 

2 et seq.) or regulations authorized under such Act (20 

3 U.S.C. 1001 et seq.). 

4 PART 4—AMERICA RISING PROGRAM 

5 SEC. 8221. ESTABLISHMENT OF AMERICA RISING PRO6 GRAM. 

7 (a) ESTABLISHMENT.—The Secretary of Labor and 

8 the Secretary of Education shall, jointly, establish a pro9 gram under which— 

10 (1) grants are paid to eligible employers to de11 fray the cost of compensation paid by such employ12 ers to recent college graduates; and 

13 (2) grants are paid to recent college graduates 

14 to enable such graduates to defray the cost of under15 taking further postsecondary courses at an institu16 tion of higher education for up to 24 months in sub17 jects relating to mathematics, science, engineering, 

18 or technology. 

19 (b) TERMS AND CONDITIONS.— 

20 (1) IN GENERAL.—A grant under this section 

21 may be made on such terms and conditions as the 

22 Secretary may determine. 

23 (2) DEFERRAL OF FEDERAL STUDENT LOAN

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1 ting from a grant awarded under paragraph (1), or 

2 receiving a grant under paragraph (2), of subsection 

3 (a)) may defer payment on Federal student loans 

4 made to the graduate under title IV of the Higher 

5 Education Act of 1965 (20 U.S.C. 1070 et seq.) for 

6 the period of the graduate’s participation in the pro7 gram. 

8 (3) GRANTS TO ELIGIBLE EMPLOYERS.—With 

9 respect to a grant awarded under subsection 

10 (a)(1)— 

11 (A) an eligible employer— 

12 (i) may use the grant to defray the 

13 cost of compensation for not more than 2 

14 recent college graduates; and 

15 (ii) shall provide a compensation 

16 amount to each recent college graduate 

17 participating in the program that is equal 

18 to or greater than the grant amount re19 ceived by the employer for the graduate; 

20 and 

21 (B) the Secretary may not award an eligi22 ble employer more than $25,000 per recent col23 lege graduate. 

24 (4) GRANTS TO RECENT COLLEGE GRAD25 UATES.—With respect to a grant awarded under 


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1 subsection (a)(2) to a recent college graduate, the 

2 graduate shall be eligible to receive Federal student 

3 aid under title IV of the Higher Education Act of 

4 1965 (20 U.S.C. 1070 et seq.) without regard to 

5 whether the graduate has been or is delinquent on 

6 any Federal student loans made to the graduate 

7 under such title IV (20 U.S.C. 1070 et seq.). 

8 (c) DEFINITIONS.—In this section: 

9 (1) ELIGIBLE EMPLOYER.—The term ‘‘eligible 

10 employer’’ means an employer that— 

11 (A) is a small business concern; or 

12 (B) is a major corporation that has an op13 eration located in— 

14 (i) an enterprise zone; or 

15 (ii) an area in which, according to the 

16 most recent data available, the unemploy17 ment rate exceeds the national average un18 employment rate by more than two per19 centage points. 

20 (2) ENTERPRISE ZONE.—The term ‘‘enterprise 

21 zone’’ has the meaning given the term ‘‘HUBzone’’ 

22 in section 3 of the Small Business Act (15 U.S.C. 

23 632). 

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1 stitution of higher education’’ has the meaning given 

2 the term in section 101 of the Higher Education Act 

3 of 1965 (20 U.S.C. 1001). 

4 (4) MAJOR CORPORATION.—The term ‘‘major 

5 corporation’’ means an employer that earns an an6 nual revenue of not less than $5,000,000 and em7 ploys not less than 50 employees. 

8 (5) RECENT COLLEGE GRADUATE.— 

9 (A) IN GENERAL.—The term ‘‘recent col10 lege graduate’’ means an individual— 

11 (i) who has received a baccalaureate 

12 or associate degree from an institution of 

13 higher education on or after the date that 

14 is 24 months before the grant benefitting 

15 the graduate is awarded under this section; 

16 and 

17 (ii) who has not previously received 

18 any such baccalaureate or associate degree. 

19 (B) INSTITUTION OF HIGHER EDU20 CATION.—In subparagraph (A), the term ‘‘insti21 tution of higher education’’ has the meaning 

22 given such term in section 102 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1002). 

24 (6) SMALL BUSINESS CONCERN.—The term 

25 ‘‘small business concern’’ has the meaning given 


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1 such term in section 3 of the Small Business Act 

2 (15 U.S.C. 632). 

3 (d) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There is authorized to be 

5 appropriated to carry out this part $100,000,000 for 

6 each of the fiscal years 2019, 2020, and 2021. 

7 (2) AVAILABILITY.—Funds appropriated under 

8 paragraph (1) shall remain available until expended. 

9 PART 5—SCIENCE AND TECHNOLOGY 

10 SEC. 8231. OFFICE OF CYBERSECURITY EDUCATION AND 

11 AWARENESS. 

12 (a) IN GENERAL.—Subtitle C of title II of the Home13 land Security Act of 2002 (6 U.S.C. 141 et seq.) is further 

14 amended by adding at the end the following new section: 

15 ‘‘SEC. 230C. OFFICE OF CYBERSECURITY EDUCATION AND 

16 AWARENESS. 

17 ‘‘(a) ESTABLISHMENT.—There shall be within the 

18 Department an Office of Cybersecurity Education and 

19 Awareness Branch (hereinafter in this section referred to 

20 as the ‘Office’). 

21 ‘‘(b) RESPONSIBILITIES.—The Office shall be respon22 sible for carrying out the duties of the Office as directed 

23 by the Secretary. The Office shall also report to the Sec24 retary the ongoing work of the Office. Further, the Office 

25 shall report on the statutory authority, Executive orders 


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1 or agency directives that guide the work of the Office. The 

2 Office shall report to the Secretary what additional au3 thority is needed to fulfill the mission for the Office as 

4 outlined by the section. The Office shall also conduct re5 search and make recommendations to the Secretary to the 

6 extent that the agency can effectively engage in the fol7 lowing: 

8 ‘‘(1) Recruiting, retaining, and sustaining the 

9 skills and knowledge of information assurance, cy10 bersecurity and computer security professionals in 

11 the Department of Homeland Security, hereinafter 

12 known as the ‘Department’. 

13 ‘‘(2) Supporting kindergarten through grade 12 

14 science and technology and computer and informa15 tion safety education through grants, and training 

16 programs. 

17 ‘‘(3) Supporting postsecondary information as18 surance, cybersecurity and computer security pro19 grams that provide education that benefits the mis20 sion and objective of the Department regarding re21 cruitment and retention of highly trained computing 

22 professionals who are work ready. 

23 ‘‘(4) Promoting public knowledge of computer 

24 and information security competitions to provide 

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1 ministrators, participants, and sponsors with infor2 mation necessary to further broader public participa3 tion in these activities. 

4 ‘‘(5) Developing a guest lecturer program or 

5 part-time lecturer program comprised of information 

6 assurance, cybersecurity and computer security ex7 perts in the Federal Government, academia and pri8 vate sector to support education of students at insti9 tutions of higher education who are pursuing de10 grees in computing science. 

11 ‘‘(6) Managing a Computer and Information 

12 Security Youth Training Pathway Program for sec13 ondary school and postsecondary school students to 

14 work in part-time or summer positions along with 

15 Federal agency computer and information security 

16 professionals. 

17 ‘‘(7) Developing programs that increase the ca18 pacity of institutions defined in section 371 of the 

19 Higher Education Act of 1965— 

20 ‘‘(A) Historically Black Colleges and Uni21 versities; 

22 ‘‘(B) professional and academic areas in 

23 which African-Americans are under represented; 

24 ‘‘(C) Hispanic-serving institutions; 

25 ‘‘(D) Native American colleges; and 


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1 ‘‘(E) rural colleges and universities. 

2 ‘‘(8) Conduct research and make recommenda3 tions to the Secretary on what the agency can do to 

4 increase participation of professional and academic 

5 under represented areas at minority institutions. 

6 ‘‘(9) Providing support to the institutions of 

7 higher education described in subparagraphs (A) 

8 through (E) of paragraph (7) to provide course work 

9 and education in computer and information security 

10 designed to raise the number and diversity of stu11 dents in the field. The Office may use the institu12 tions defined under section 371 of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1067q) minority-serv14 ing institutions are defined as follows: 

15 ‘‘(A) A part B institution (as defined in 

16 section 322 (20 U.S.C. 1061)). 

17 ‘‘(B) A Hispanic-serving institution (as de18 fined in section 502 (20 U.S.C. 1101a)). 

19 ‘‘(C) A Tribal College or University (as de20 fined in section 316 (20 U.S.C. 1059)). 

21 ‘‘(D) An Alaska Native-serving institution 

22 or a Native Hawaiian-serving institution (as de23 fined in section 317(b) (20 U.S.C. 1059d(b))). 

24 ‘‘(E) A Predominantly Black Institution 

25 (as defined in subsection (c)). 


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1 ‘‘(F) An Asian American and Native 

2 American Pacific Islander-serving institution 

3 (as defined in subsection (c)). 

4 ‘‘(G) A Native American-serving nontribal 

5 institution (as defined in subsection (c)). 

6 ‘‘(c) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘information assurance, cyberse8 curity and computer security program’ has the 

9 meaning given by the Secretary in consultation with 

10 the computing and information Security Post Sec11 ondary Education Working Group under the bill. 

12 ‘‘(2) The term ‘K–12’ may be defined by the 

13 Secretary in consultation with the K–12 Science and 

14 Technology Education Board of Advisors under sec15 tion 105 of the Cyber Security Education and Fed16 eral Workforce Enhancement Act. 

17 ‘‘(3) The Secretary may define higher education 

18 institutions under this title using definitions found 

19 in section 371 of the Higher Education Act of 1965. 

20 ‘‘(4) The term ‘professional and academic 

21 under represented areas’ means areas in which Afri22 can-Americans, Hispanics, and women are under 

23 represented has the meaning given such term by the 

24 Secretary, who may consult with the Commissioner 

25 for Education Statistics and the Commissioner of 


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1 the Bureau of Labor Statistics. The basis of the de2 termining the means should be based on most recent 

3 available satisfactory data, as computing and infor4 mation security professional and academic areas in 

5 which the percentage of African-Americans, His6 panics, and females who have been educated, 

7 trained, and employed is less than the percentage of 

8 African-Americans, Hispanics, and women in the 

9 general population.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of such Act is amended by inserting after 

12 the item relating to section 230B the following new item: 

‘‘Sec. 230C. Office of Cybersecurity Education and Awareness.’’. 

13 SEC. 8232. SCIENCE AND TECHNOLOGY INITIATIVE 

14 GRANTS. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity shall consider existing authority to make grants to 

17 secondary schools under this section, which shall be known 

18 as ‘‘Science and Technology Educators Initiative Grants’’. 

19 (b) SELECTION OF SCHOOLS.—If the Secretary de20 termines that the Secretary has the authority to select a 

21 secondary school to receive grants under this section, the 

22 Secretary may consider the following factors: 

23 (1) Whether more than 40 percent of the stu24 dents at the secondary school are eligible for free or 

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1 ard B. Russell National School Lunch Act and the 

2 Child Nutrition Act of 1966. 

3 (2) The location of the secondary school is in 

4 a rural area. 

5 (3) The participation of representation of pro6 fessions and academic area among students which 

7 will also include home schooled, individuals residing 

8 in rural areas, and individuals attending underper9 forming secondary schools. 

10 (4) The location of the school in an area where 

11 the unemployment rate was not more than one per12 cent higher than the national average unemployment 

13 rate during the 24-month period preceding the de14 termination of eligibility under this subsection. 

15 (5) The location of the secondary school in an 

16 area where the per capita income is of 80 percent 

17 or less of the national per capita income. 

18 SEC. 8233. PROJECT-BASED LEARNING PROGRAM. 

19 (a) ESTABLISHMENT.—The Secretary of Homeland 

20 Security shall direct the Office of Cybersecurity Education 

21 and Awareness to conduct research to investigate and 

22 make recommendations regarding the feasibility and exist23 ing authority to establish a national project-based science 

24 and technology learning program, to be known as the ‘‘K– 

25 12 Science and Technology Learning Program’’ and make 


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1 a report to both House and Senate Oversight Committees. 

2 Under such research program, the Secretary shall deter3 mine existing authority to— 

4 (1) create State and regional workshops to 

5 train teachers in science and technology project6 based learning; 

7 (2) establish between institutions of higher edu8 cation, businesses, and local public and private edu9 cational agencies that serve students comprised of 

10 40 percent or more of professional and academic 

11 under represented areas to provide materials and 

12 teaching aids to teachers who successfully complete 

13 the science and technology project-based learning 

14 program under this section; 

15 (3) identify no cost or low cost summer and 

16 after school science and technology education pro17 grams and broadly disseminate that information to 

18 the public; and 

19 (4) make grants to local educational agencies to 

20 support the participation of teachers of elementary 

21 school and secondary school in science and tech22 nology training programs by providing travel and en23 rollment expenses, with a priority given to teachers 

24 who work in schools serving neglected, delinquent, 

25 migrant students, English learners, at-risk students, 


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1 and Native Americans, as determined by the Sec2 retary. 

3 (b) AUTHORITY.—The Secretary shall have the au4 thority under this statute to conduct a limited pilot project 

5 to test recommendations on possible programs that would 

6 be low-cost but have the greatest impact on instilling the 

7 importance of technology and science education. 

8 (c) REPORT TO CONGRESS.—The Secretary shall 

9 submit to Congress an annual report on the program es10 tablished under this section. 

11 (d) PROJECT-BASED SCIENCE AND TECHNOLOGY

12 LEARNING DEFINED.—In this section, the term ‘‘project13 based science and technology learning’’ means a system14 atic teaching method that engages students in learning es15 sential science, technology, engineering and mathematics 

16 through knowledge and life-enhancing skills through an 

17 extended, student-influenced inquiry process structured 

18 around complex, authentic questions and carefully de19 signed products and tasks developed specifically for edu20 cation. 

21 SEC. 8234. MATCHING FUNDS FOR STATE AND PRIVATELY 

22 FINANCED SCIENCE AND TECHNOLOGY 

23 AFTER-SCHOOL PROGRAMS. 

24 (a) IN GENERAL.—The Secretary of Homeland Secu25 rity shall provide matching funds to local educational 


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1 agencies for after-school programs dedicated to science, 

2 technology, engineering, and math in an amount equal to 

3 the amount provided to the program by a State, local, trib4 al, or territorial government or by a nonprofit or private 

5 entity. 

6 (b) CRITERIA.—In selecting programs for which to 

7 provide funds under this section, the Secretary shall con8 sider— 

9 (1) the number of students served by the pro10 grams; and 

11 (2) the participation in the programs of stu12 dents from populations referred to in section 230C 

13 of the Homeland Security Act of 2002, as added by 

14 section 8231 of this Act. 

15 (c) LIMITATION ON AMOUNT OF FUNDING.—For any 

16 fiscal year, no individual school’s after-school program 

17 shall receive more than $5,000 under this section. 

18 SEC. 8235. SCIENCE AND TECHNOLOGY BOARD OF ADVI19 SORS. 

20 (a) ESTABLISHMENT.—There is established in the 

21 Department of Homeland Security the ‘‘Research K–12 

22 Science and Technology Education Board of Advisors’’ 

23 (hereinafter in this section referred to as the ‘‘Board’’). 

24 (b) MEMBERSHIP.— 


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1 (1) COMPOSITION.—The Board shall be com2 posed of 15 members appointed by the Secretary of 

3 Homeland Security, all of whom shall have K–12 

4 education expertise in programs. The Secretary shall 

5 appoint members based on the following qualifica6 tions: 

7 (A) Members of the Board shall have expe8 rience in K–12 science, technology, engineering, 

9 and mathematics education programs. 

10 (B) Members of the Board shall have expe11 rience in training K–12 educators on providing 

12 science and technology instruction. 

13 (C) Members of the Board shall have expe14 rience in the promotion of science and tech15 nology education among under represented pop16 ulations, as defined by section 230C of the 

17 Homeland Security Act of 2002, as added by 

18 section 8231 of this Act. 

19 (2) DEADLINE FOR APPOINTMENT.—All mem20 bers of the Board shall be appointed not later than 

21 60 days after the date of the enactment of this Act. 

22 (3) VACANCIES.—Any vacancy in the member23 ship of the Board shall not affect its powers and 

24 shall be filled in the same manner in which the origi25 nal appointment was made. 


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1 (4) COMPENSATION.— 

2 (A) IN GENERAL.—Members of the Board 

3 shall not receive any compensation for their 

4 service. 

5 (B) TRAVEL EXPENSES.—While away from 

6 their homes or regular places of business in the 

7 performance of services for the Board, members 

8 of the Board shall be allowed travel expenses, 

9 including per diem in lieu of subsistence, in the 

10 same manner as persons employed intermit11 tently in the Government service are allowed ex12 penses under section 5703(b) of title 5, United 

13 States Code. 

14 (C) PROHIBITION OF CONSULTANT OR

15 CONTRACTING WORK.—No member of the 

16 Board while serving in this capacity or for 1 

17 year following departure from the Board may 

18 work as a consultant or contract worker for the 

19 Department of Homeland Security in a position 

20 related to the work of the Board or member 

21 agency that participates as a member of the 

22 Board. 

23 (c) RESPONSIBILITIES.—The responsibilities of the 

24 Board are to research and make recommendations to the 

25 Secretary on— 


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1 (1) the status of K–12 science and technology 

2 education domestically and internationally; 

3 (2) how to increase the quality and diversity of 

4 science and technology curriculum; 

5 (3) promoting K–12 science and technology 

6 competitions; 

7 (4) establishing a virtual network to support 

8 teacher and student science and technology edu9 cation and development; 

10 (5) ascertaining, evaluating, and reporting on 

11 best practices for project-based science and tech12 nology learning (as such term is defined in section 

13 103(c)); and 

14 (6) identifying K–12 science and technology 

15 education efforts that are successful in engaging 

16 youth, with proven competence in engaging females, 

17 minorities, individuals residing in rural areas, indi18 viduals residing in majority minority districts, home 

19 schooled students. 

20 (d) CHAIR.—The Chair of the Board shall be des21 ignated by the Secretary from among the members of the 

22 Board. 

23 (e) MEETINGS.— 

24 (1) INITIAL MEETING.—The Board shall meet 

25 and begin the operations of the Board by not later 


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1 than 90 days after the date of the enactment of this 

2 Act. 

3 (2) SUBSEQUENT MEETINGS.—After its initial 

4 meeting, the Board shall set the time and place of 

5 its next meeting. The Board can upon the call of the 

6 chairman or a majority of its members meet. 

7 (3) QUORUM.—A majority of the Board shall 

8 constitute a quorum. 

9 (4) VOTING.—Proxy voting shall be allowed on 

10 behalf of a member of the Board. 

11 (5) RULES OF PROCEDURE.—The Board may 

12 establish rules for the conduct of the Board’s busi13 ness, if such rules are not inconsistent with this sec14 tion or other applicable law. 

15 (f) POWERS.— 

16 (1) HEARINGS AND EVIDENCE.—The Board or, 

17 on the authority of the Board, any subcommittee or 

18 member thereof, may, for the purpose of carrying 

19 out this title hold such hearings and sit and act at 

20 such times and places, take such testimony, receive 

21 such evidence, administer such oaths. 

22 (2) FEDERAL AGENCY STAFF.—The Secretary 

23 shall make decisions regarding Federal agency staff 

24 to be detailed to support the work of the Board. 


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1 (3) CONTRACT AUTHORITY.—The Board may 

2 enter into contracts with the approval of the Sec3 retary to such extent and in such amounts as nec4 essary for the Board to discharge its duties under 

5 this section. 

6 (4) INFORMATION FROM FEDERAL AGENCIES.— 

7 (A) IN GENERAL.—After providing notice 

8 to the Secretary who may provide staff from 

9 the Department to meet the staffing needs of 

10 the Board. After 10 working days following no11 tice to the Secretary the Board is authorized to 

12 secure directly from any executive department, 

13 bureau, agency, board, office, independent es14 tablishment, or instrumentality of the Govern15 ment, information, suggestions, estimates, and 

16 statistics for the purposes of this title. Each de17 partment, bureau, agency, board, office, inde18 pendent establishment, or instrumentality shall, 

19 to the extent authorized by law, furnish such 

20 information, suggestions, estimates, and statis21 tics directly to the Board, upon request made 

22 by the chairman, the chairman of any sub23 committee created by a majority of the Board, 

24 or any member designated by a majority of the 

25 Board. 


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1 (B) RECEIPT, HANDLING, STORAGE, AND

2 DISSEMINATION.—Information shall only be re3 ceived, handled, stored, and disseminated by 

4 members of the Board and its staff consistent 

5 with all applicable statutes, regulations, and 

6 Executive orders. 

7 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

8 (A) GENERAL SERVICES ADMINISTRA9 TION.—The Administrator of General Services 

10 shall provide to the Board on a reimbursable 

11 basis administrative support and other services 

12 for the performance of the Board’s functions. 

13 (B) OTHER DEPARTMENTS AND AGEN14 CIES.—In addition to the assistance prescribed 

15 in subparagraph (A), departments and agencies 

16 of the United States may provide to the Board 

17 such services, funds, facilities, staff, and other 

18 support services as they may determine advis19 able and as may be authorized by law. 

20 (C) POSTAL SERVICES.—The Board may 

21 use the United States mails in the same man22 ner and under the same conditions as depart23 ments and agencies of the United States. 

24 (g) STAFF.— 

25 (1) IN GENERAL.— 


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1 (A) APPOINTMENT AND COMPENSATION.— 

2 The Chair, in accordance with rules agreed 

3 upon by the Board, may appoint and fix the 

4 compensation of a staff director and such other 

5 personnel as may be necessary to enable the 

6 Board to carry out its functions, without regard 

7 to the provisions of title 5, United States Code, 

8 governing appointments in the competitive serv9 ice, and without regard to the provisions of 

10 chapter 51 and subchapter III of chapter 53 of 

11 such title relating to classification and General 

12 Schedule pay rates, except that no rate of pay 

13 fixed under this subsection may exceed the 

14 equivalent of that payable for a position at level 

15 V of the Executive Schedule under section 5316 

16 of title 5, United States Code. 

17 (B) PERSONNEL AS FEDERAL EMPLOY18 EES.— 

19 (i) IN GENERAL.—The executive di20 rector and any personnel of the Board who 

21 are employees shall be employees under 

22 section 2105 of title 5, United States 

23 Code, for purposes of chapters 63, 81, 83, 

24 84, 85, 87, 89, and 90 of that title. 


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1 (ii) MEMBERS OF THE BOARD.— 

2 Clause (i) shall not be construed to apply 

3 to members of the Board. 

4 (2) DETAILEES.—Any Federal Government em5 ployee may be detailed to the Board without reim6 bursement from the Board, and such detailee shall 

7 retain the rights, status, and privileges of his or her 

8 regular employment without interruption. 

9 (3) ADMINISTRATIVE SUPPORT FROM THE DE10 PARTMENT.—At the request of the Board, the Sec11 retary of Homeland Security shall provide the Board 

12 with Administrative support necessary for the Board 

13 to carry out its duties under this title. 

14 (h) REPORTS.— 

15 (1) QUARTERLY REPORTS.—The Board shall 

16 submit to the Secretary of Homeland Security quar17 terly reports on the activities of the Board. 

18 (2) FINAL REPORT.—Not later than two years 

19 after the date of the enactment of this Act, the 

20 Board shall submit to the Secretary a final report 

21 containing such findings conclusions, and rec22 ommendations as have been agreed to by a majority 

23 of Board members. 

24 (i) APPLICABILITY OF FACA.— 


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1 (1) IN GENERAL.—Nothing in the Federal Ad2 visory Committee Act (5 U.S.C. App.) shall apply to 

3 the Board. 

4 (2) PUBLIC MEETINGS AND RELEASE OF PUB5 LIC VERSIONS OF REPORTS.—The Board shall— 

6 (A) hold public hearings and meetings to 

7 the extent appropriate; and 

8 (B) release public versions of the reports 

9 required under subsection (h). 

10 (3) PUBLIC HEARINGS.—Any public hearings of 

11 the Board shall be conducted in a manner consistent 

12 with the protection of information provided to or de13 veloped for or by the Board as required by any ap14 plicable statute, regulation, or Executive order. 

15 (j) TERMINATION.—The Board, and all the authori16 ties of this title, shall terminate two years after the date 

17 of the Board’s first meeting, which shall take place 90 

18 days following its appointment. 

19 (1) IN GENERAL.—The Board and all the au20 thorities under this section shall terminate 60 days 

21 after the date on which the final report is submitted 

22 under subsection (h)(2). 

23 (2) ADMINISTRATIVE ACTIVITIES BEFORE TER24 MINATION.—The Board may use the 60-day period 

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1 cluding its activities, including providing testimony 

2 to committees of Congress concerning its reports 

3 and disseminating the final report. 

4 (k) FUNDING.—There is authorized to be appro5 priated such sums as may be necessary to carry out this 

6 section. Amounts made available pursuant to this sub7 section shall remain available until the termination of the 

8 Board. 

9 SEC. 8236. LABORATORIES FOR SCIENCE AND TECH10 NOLOGY EXCELLENCE. 

11 The Secretary of Homeland Security shall determine 

12 if existing authority allows the agency to make grants to 

13 local education agencies for the purpose of supplying lab14 oratory facilities at secondary schools to promote the 

15 teaching of science, technology, engineering, and mathe16 matics. If the Secretary determines that the authority does 

17 not exist shall make a report to congressional oversight 

18 committees detailing the limitation in agency authority to 

19 conduct activity under this section and make recommenda20 tions on the benefits if any should the agency have the 

21 authority to engage in the activity outlined in this section. 

22 SEC. 8237. COMPUTING AND INFORMATION RESEARCH 

23 WORKING GROUP. 

24 (a) ESTABLISHMENT.—There is hereby established in 

25 the Department of Homeland Security the Computing and 


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1 Information Security Post-Secondary Education Working 

2 Group, hereafter in this section referred to as the ‘‘Work3 ing Group’’. 

4 (b) RESPONSIBILITIES.—The Working Group shall 

5 conduct research and— 

6 (1) assist the Secretary in developing voluntary 

7 guidelines that could serve as guidance to Federal 

8 civil agency training programs, computer and infor9 mation security certification authorities, and accredi10 tation bodies seeking guidance on developing, en11 hancing, or sustaining competitive information secu12 rity; and 

13 (2) make recommendations to the Secretary re14 garding— 

15 (A) the state of the computing and infor16 mation security workforce development; 

17 (B) evaluations and reports on the advan18 tages, disadvantages, and approaches to profes19 sionalizing the Nation’s computing and infor20 mation security workforce; 

21 (C) criteria that can be used to identify 

22 which, if any, specialty areas may require 

23 professionalization; 

24 (D) criteria for evaluating different ap25 proaches and tools for professionalization; 


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1 (E) techniques that enhance the efficiency 

2 and effectiveness of computing and information 

3 security workers; 

4 (F) better tools and approaches for risk 

5 identification and assessment; 

6 (G) improved system design and develop7 ment; 

8 (H) creation of better incentives for de9 ployment of better computing and information 

10 security technologies; 

11 (I) improvements in end user behaviors 

12 through training and better coordination among 

13 network managers; 

14 (J) core curriculum requirements for com15 puting and information security training; 

16 (K) efficacy and efficiencies of taxonomy 

17 and definitions for computer and information 

18 security; 

19 (L) guidelines for accreditations and cer20 tification of computing and information security 

21 college and university programs; 

22 (M) identifying the role of mentors in the 

23 retention of students enrolled in computing and 

24 technology programs at institutions of higher 

25 education who complete degree programs; 


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1 (N) remote access to computing and infor2 mation security education and training through 

3 the Internet; and 

4 (O) institution of higher education funding 

5 and research needs. 

6 (c) DEADLINE FOR SUBMITTAL OF RESEARCH

7 FUNDING AND RECOMMENDATIONS.— 

8 (1) INITIAL RESEARCH.—The Working Group 

9 shall submit to the Secretary an initial research plan 

10 that will guide the work of the Working Group. 

11 (2) OTHER RESEARCH RECOMMENDATIONS.— 

12 The Working Group shall provide the Secretary a 

13 list of other areas that require research to accom14 plish the purpose of the agency’s goal of providing 

15 cyber security protection for the agency. The Work16 ing Group shall provide a description of the pro17 posed research and the purpose of the research as 

18 it relates to the goals of cybersecurity of the agency. 

19 (3) INITIAL RECOMMENDATIONS.—The Work20 ing Group shall submit to the Secretary initial rec21 ommendations under this section by not later than 

22 nine months after the date on which all of the mem23 bers of the Working Group are appointed. 

24 (4) OTHER RECOMMENDATIONS.—Not later 

25 than six months after all members of the Working 


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1 Group are appointed, the Working Group shall sub2 mit to the Secretary research and recommendations 

3 on the effectiveness of Federal civil agency computer 

4 and information security training programs, includ5 ing an evaluation of certification authorities and 

6 their role in providing work ready staff to fill posi7 tions with the agency. 

8 (5) SUBSEQUENT RESEARCH AND REC9 OMMENDATIONS.—Not later than one year after the 

10 date of the submittal of the initial research and rec11 ommendations under paragraph (1), and annually 

12 thereafter, the Working Group shall submit to the 

13 Secretary subsequent research and recommendations 

14 under this section and an update on the progress 

15 made toward a well trained and sustainable Depart16 ment computer and information workforce. 

17 (d) MEMBERSHIP.— 

18 (1) CHAIR.—The Chair of the Working Group 

19 shall be the Director of the National Institute of 

20 Standards and Technology or the Director’s des21 ignee. 

22 (2) OTHER MEMBERS.—The Working Group 

23 shall be composed of 21 members, who are ap24 pointed by the Secretary of Homeland Security in 


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1 consultation with the Director of NIST and the head 

2 of the entity represented by the member. 

3 (3) APPOINTMENT.—All appointments are for a 

4 term of 2 years with one reappointment for an addi5 tional 2 years. 

6 (4) QUORUM.—A majority of the members of 

7 the Working Group shall constitute a quorum. 

8 (e) NO COMPENSATION FOR SERVICE.—While away 

9 from their homes or regular places of business in the per10 formance of services for the Commission, members of the 

11 Commission shall be allowed travel expenses, including per 

12 diem in lieu of subsistence, in the same manner as persons 

13 employed intermittently in the Government service are al14 lowed expenses under section 5703(b) of title 5, United 

15 States Code. 

16 (f) TECHNICAL SUPPORT FROM THE DEPARTMENT

17 OF HOMELAND SECURITY.—At the request of the Work18 ing Group, the Secretary of Homeland Security shall pro19 vide the Working Group with technical support necessary 

20 for the Working Group to carry out its duties under this 

21 section. 

22 (g) INTELLECTUAL PROPERTY RIGHTS.—No private23 sector individual or entity shall obtain any intellectual 

24 property rights to any guidelines or recommendations nor 


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1 the contents of any guideline (or any modification to any 

2 guideline) adopted by the Secretary under this section. 

3 (h) REPORT.—Not later than one year after the date 

4 of the enactment of this Act, the Working Group shall sub5 mit to the Secretary a report containing researching find6 ings, an outline for other areas requiring research and why 

7 as well as recommendations of the Working Group. 

8 (i) SUBMITTAL OF RECOMMENDATIONS TO CON9 GRESS.—Not later than 18 months after the date of the 

10 enactment of this Act, the Secretary shall submit to the 

11 Committee on Homeland Security of the House of Rep12 resentatives and the Committee on Homeland Security 

13 and Governmental Affairs of the Senate a report on the 

14 research findings, an outline of other areas requiring re15 search and why and recommendations for furthering the 

16 cybersecurity of the agency. 

17 (j) TREATMENT OF RECOMMENDATIONS.—The Sec18 retary has the benefit of the Working Group’s work which 

19 the Secretary may accept, reject, or modify. The Secretary 

20 shall not be bound by the recommendations of the Work21 ing Group. 

22 (k) PUBLICATION OF RECOMMENDATIONS IN FED23 ERAL REGISTER.—The Secretary shall approve the publi24 cation of grant application guidelines in the Federal RegVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00552 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 ister by not later than 90 days after receiving the report 

2 submitted under subsection (h). 

3 (l) APPLICABILITY OF FACA.—Nothing in the Fed4 eral Advisory Committee Act (5 U.S.C. App.; relating to 

5 the termination of advisory committees) shall apply to the 

6 Working Group. 

7 SEC. 8238. PROCESS FOR ADOPTION RESEARCH AND A 

8 BEST PRACTICES VOLUNTARY GUIDELINES 

9 FOR LABORATORY FACILITIES. 

10 (a) ESTABLISHMENT OF THE POST-SECONDARY

11 LABORATORY DEVELOPMENT TASK FORCE.—The Sec12 retary of Homeland Security shall establish a ‘‘Post-Sec13 ondary Laboratory Research Development Task Force’’ 

14 (hereinafter in this section referred to as the ‘‘Develop15 ment Task Force’’). 

16 (b) RESPONSIBILITIES.—The Development Task 

17 Force shall conduct research for and make recommenda18 tions to the Secretary regarding best practices voluntary 

19 guidelines for college and university laboratory facilities 

20 for education and research purposes related to information 

21 assurance, cybersecurity and computing security. Such re22 search on what baseline equipment, capacity, skilled in23 struction, and certification may be needed for a set of best 

24 practices voluntary guidelines for colleague or university 

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1 ods of assuring that the greatest number of institutions 

2 have access to facilities that meet the baseline best prac3 tices regarding— 

4 (1) qualifications for laboratories for the pur5 pose of providing education or instruction in com6 puting security, computer networks, enterprises, 

7 informatics, and other systems designated by the 

8 Secretary; 

9 (2) types of software; 

10 (3) types of hardware; 

11 (4) types of firmware; 

12 (5) security applications, including firewalls, 

13 whole hat hackers, red teams, and blue teams; 

14 (6) security protocols needed to protect the 

15 physical and computer resources of the laboratory; 

16 (7) accreditation and certification of college and 

17 university computer and information security labora18 tories; 

19 (8) best practices for— 

20 (A) public-private collaborations to support 

21 secondary and post-secondary laboratory facili22 ties for computer or information security; 

23 (B) visiting guest lecture programs for 

24 business and Government information tech25 nology security experts; and 


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1 (C) developing real world laboratory exer2 cise and proficiency measures; and 

3 (9) how best to recruit and retain instructors 

4 with requisite degrees to teach computer and infor5 mation security courses to undergraduate and grad6 uate students. 

7 (c) MEMBERSHIP.— 

8 (1) MEMBERS.—The Development Task Force 

9 shall be composed of 19 members, including the 

10 Chair. The Secretary of Homeland Security, in con11 sultation with the head of the entity represented by 

12 the member agencies, shall appoint members. The 

13 Secretary shall appoint a chair from among the 

14 members of the Development Task Force. Such 

15 members shall consist of one representative of each 

16 of the following agencies: 

17 (A) The White House Office of Science 

18 and Technology Policy. 

19 (B) The Office of the Director of National 

20 Intelligence. 

21 (C) The Department of Energy. 

22 (D) The Defense Advanced Research 

23 Projects Agency. 

24 (E) The Department of Commerce. 

25 (F) The National Institutes of Health. 


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1 (G) The National Institute of Science and 

2 Technology. 

3 (H) The National Science Foundation. 

4 (I) The Director of the Office of Personnel 

5 Management. 

6 (2) OTHER MEMBERS.—The Secretary shall 

7 consider for the other members of the Development 

8 Task Force representatives from organizations that 

9 advocate and promote professional development of 

10 professional and academic under represented areas 

11 and organizations with the mission of promoting 

12 professional development and academic excellence in 

13 information assurance, cybersecurity and computing 

14 security: 

15 (A) Organizations with the mission of ad16 vancing computing as a science and profession. 

17 (B) Organizations that promote informa18 tion system security education. 

19 (C) Professional associations that are well 

20 established and broadly recognized for the ad21 vancement of technology. 

22 (D) Professional associations that rep23 resent professionals and academics referred to 

24 in section 230C of the Homeland Security Act 

25 of 2002, as added by section 8231 of this Act. 


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1 (E) K–12 science and technology programs 

2 that conduct successful after school and sum3 mer programs for under represented popu4 lations, rural communities and serve commu5 nities where unemployment is at least two per6 cent higher than the national average. 

7 (F) Organizations that promote education 

8 of Native Americans or other indigenous peo9 ples of the United States or its territories. 

10 (G) Regional diversity of public and pri11 vate school districts that excel at science and 

12 technology education. 

13 (3) QUORUM.—A majority of the members of 

14 the Development Task Force shall constitute a 

15 quorum. 

16 (4) VOTING.—Proxy voting shall be allowed on 

17 behalf of a member of the Development Task Force. 

18 (5) RULES OF PROCEDURE.—The Development 

19 Task Force may establish rules for the conduct of 

20 the Development Task Force’s business, if such 

21 rules are not inconsistent with this section or other 

22 applicable law. 

23 (d) POWERS.— 

24 (1) HEARINGS AND EVIDENCE.—The Develop25 ment Task Force or, on the authority of the DevelVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00557 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 opment Task Force, or any subcommittee or mem2 ber thereof, may, for the purpose of carrying out 

3 this section hold such hearings and sit and act at 

4 such times and places, take such testimony, receive 

5 such evidence, and administer such oaths. 

6 (2) CONTRACT AUTHORITY.—After giving no7 tice to the Secretary who may substitute agency 

8 staff with the requisite skills to fill a position needed 

9 by the Board at no additional cost to the Board. 

10 After 10 working days following notice to the Sec11 retary the Development Task Force may enter into 

12 contracts to such extent and in such amounts as 

13 necessary for the Development Task Force to dis14 charge its duties under this section. 

15 (3) INFORMATION FROM FEDERAL AGENCIES.— 

16 (A) IN GENERAL.—The Development Task 

17 Force is authorized to secure directly from any 

18 executive department, bureau, agency, board, 

19 office, independent establishment, or instrumen20 tality of the Government information, sugges21 tions, estimates, and statistics for the purposes 

22 of this section. Each department, bureau, agen23 cy, board, office, independent establishment, or 

24 instrumentality shall, to the extent authorized 

25 by law, furnish such information, suggestions, 


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1 estimates, and statistics directly to the Board, 

2 upon request made by the chairman, the chair3 man of any subcommittee created by a majority 

4 of the Board, or any member designated by a 

5 majority of the Board. 

6 (B) RECEIPT, HANDLING, STORAGE, AND

7 DISSEMINATION.—Information shall only be re8 ceived, handled, stored, and disseminated by 

9 members of the Board and its staff consistent 

10 with all applicable statutes, regulations, and 

11 Executive orders. 

12 (4) ASSISTANCE FROM FEDERAL AGENCIES.— 

13 (A) GENERAL SERVICES ADMINISTRA14 TION.—The Administrator of General Services 

15 shall provide to the Development Task Force on 

16 a reimbursable basis administrative support and 

17 other services for the performance of the 

18 Board’s functions. 

19 (B) OTHER DEPARTMENTS AND AGEN20 CIES.—In addition to the assistance prescribed 

21 in subparagraph (A), departments and agencies 

22 of the United States may provide to the Board 

23 such services, funds, facilities, staff, and other 

24 support services as they may determine advis25 able and as may be authorized by law. 


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1 (C) POSTAL SERVICES.—The Development 

2 Task Force may use the United States mails in 

3 the same manner and under the same condi4 tions as departments and agencies of the 

5 United States. 

6 (e) STAFF.— 

7 (1) IN GENERAL.—While away from their 

8 homes or regular places of business in the perform9 ance of services for the Commission, members of the 

10 Commission shall be allowed travel expenses, includ11 ing per diem in lieu of subsistence, in the same man12 ner as persons employed intermittently in the Gov13 ernment service are allowed expenses under section 

14 5703(b) of title 5, United States Code. 

15 (2) PERSONNEL AS FEDERAL EMPLOYEES.— 

16 (A) IN GENERAL.—The executive director 

17 and any personnel of the Development Task 

18 Force who are employees shall be employees 

19 under section 2105 of title 5, United States 

20 Code, for purposes of chapters 63, 81, 83, 84, 

21 85, 87, 89, and 90 of that title. 

22 (B) MEMBERS OF THE DEVELOPMENT

23 TASK FORCE.—Subparagraph (A) shall not be 

24 construed to apply to members of the Develop25 ment Task Force. 


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1 (3) DETAILEES.—Any Federal Government em2 ployee may be detailed to the Board without reim3 bursement from the Development Task Force, and 

4 such detailee shall retain the rights, status, and 

5 privileges of his or her regular employment without 

6 interruption. 

7 (f) NO COMPENSATION FOR SERVICE.—Members of 

8 the Development Task Force shall not receive any com9 pensation for their service, but shall be paid travel ex10 penses, including per diem in lieu of subsistence, at rates 

11 authorized for employees of agencies under subchapter I 

12 of chapter 57 of title 5, United States Code, while away 

13 from their homes or regular places of business in the per14 formance of services for the Development Task Force. 

15 (g) PROHIBITION OF CONSULTANT OR CONTRACTING

16 WORK.—No member of the Development Task Force 

17 while serving in this capacity or for 1 year following depar18 ture from the Development Task Force may work as a 

19 consultant or contract worker for the Department of 

20 Homeland Security in a position related to the work of 

21 the Development Task Force or member agency that par22 ticipates as a member of the Development Task Force. 

23 (h) REPORT.—The Development Task Force shall 

24 submit a report to the Secretary of Homeland Security; 

25 a report on research findings, best practices voluntary 


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1 guidelines and recommendations to the Secretary. The re2 port shall be in unclassified form but may include a classi3 fied annex. 

4 (i) SECRETARY OF HOMELAND SECURITY REPORT.— 

5 The Secretary shall submit to Congress a report on the 

6 work of the Development Task Force’s research into best 

7 practices voluntary guidelines, areas that require addi8 tional study and a set of recommendations. The Secretary 

9 shall indicate to the Congress which Development Task 

10 Force recommendations have been implemented, which 

11 will be implemented, or which will be rejected and why. 

12 (j) TECHNICAL SUPPORT FROM THE DEPART13 MENT.—At the request of Development Task Force the 

14 Secretary of Homeland Security shall provide the Develop15 ment Task Force with technical support necessary for the 

16 Development Task Force to carry out its duties under this 

17 section. 

18 (k) INTELLECTUAL PROPERTY.—No private-sector 

19 individual or entity serving on the Development Task 

20 Force shall obtain any intellectual property rights to any 

21 guidelines or recommendations that derive from the work 

22 of the Development Task Force or any guidelines (or any 

23 modification to any guidelines) based on the work of the 

24 Development Task Force. 


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1 (l) PROHIBITION OF CONSULTANT OR CONTRACTING

2 WORK.—No member of the Development Task Force 

3 while serving in this capacity or for 1 year following depar4 ture from the Development Task Force may work as a 

5 consultant or contract worker in a position related to the 

6 direct work of the Development Task Force to the Depart7 ment of Homeland Security or member agency that par8 ticipates as a member of the Development Task Force. 

9 SEC. 8239. COMPUTING AND INFORMATION SECURITY MEN10 TORING PROGRAMS FOR COLLEGE STU11 DENTS. 

12 (a) OFFICE OF CYBERSECURITY AND INFORMATION

13 SECURITY PROFESSIONAL’S MENTORING PROGRAM.— 

14 (1) IN GENERAL.—Subtitle C of title II of the 

15 Homeland Security Act of 2002 (6 U.S.C. 141 et 

16 seq.) is further amended by adding at the end the 

17 following new section: 

18 ‘‘SEC. 230D. OFFICE OF COMPUTING AND INFORMATION SE19 CURITY PROFESSIONAL’S MENTORING PRO20 GRAM. 

21 ‘‘(a) ESTABLISHMENT.—There is in the Department 

22 an Office of Computing and Information Security Profes23 sional’s Mentoring Program. The head of the office is the 

24 Mentoring Coordinator, who shall be appointed by the Sec25 retary. 


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1 ‘‘(b) RESPONSIBILITIES.—The Mentoring Coordi2 nator shall be responsible for working with outreach to 

3 institution of higher education, critical infrastructure own4 ers, and the heads of Federal departments and agencies 

5 to develop and promote the participation of professionals 

6 as volunteer mentors to— 

7 ‘‘(1) undergraduate students at institutions of 

8 higher education who are enrolled in the third or 

9 fourth year of a program of education leading to a 

10 degree in computing or information security; 

11 ‘‘(2) students enrolled in a program of edu12 cation leading to a doctoral degree in computing or 

13 information security; and 

14 ‘‘(3) new employees of Federal departments and 

15 agencies whose primary responsibilities relate to 

16 computing or information security.’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents in section 1(b) of such Act is further amended 

19 by inserting after the item relating to section 230C 

20 the following new item: 

‘‘Sec. 230D. Office of Computing and Information Security Professional’s Mentoring Program.’’. 

21 (b) GRANT PROGRAM.— 

22 (1) IN GENERAL.—The Secretary of Homeland 

23 Security shall determine existing authority to make 

24 grants to covered institutions of higher learning for 


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1 the establishment of mentoring programs for under2 graduates enrolled in programs or courses of edu3 cation in information assurance, cybersecurity or 

4 computing security programs. 

5 (2) COVERED INSTITUTIONS OF HIGHER

6 LEARNING.—For purposes of this subsection, the 

7 term ‘‘covered institution of higher learning’’ means 

8 those institutions as defined in section 371 of the 

9 Higher Education Act of 1965 and listed in section 

10 101 of this bill. 

11 SEC. 8240. GRANTS FOR COMPUTER EQUIPMENT. 

12 (a) GRANTS.—The Secretary of Homeland Security 

13 may make grants to post-secondary institutions that offer 

14 courses or degrees in computing or information security 

15 to be used to establish or equip a computer laboratory to 

16 be made available to students and faculty for both teach17 ing and research purposes. 

18 (b) TECHNICAL SUPPORT.—The Secretary shall en19 sure that each recipient of a grant under this section also 

20 receives technical support on the use and proper function 

21 of equipment and software. 

22 (c) PUBLICATION IN FEDERAL REGISTER.—The Sec23 retary shall publish the name of each institution of higher 

24 education that receives a grant under this section and the 

25 amount of such grant. 


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1 (d) QUALIFICATION.—In making grants under this 

2 section, the Secretary— 

3 (1) shall take into consideration whether more 

4 than 50 percent of the students at an institution are 

5 taking online or distance learning computer science 

6 and information security courses; and 

7 (2) may establish guidance to institutions for 

8 entering into laboratory facilities sharing agreements 

9 to allow institutions to qualify for grants under this 

10 section. 

11 SEC. 8241. CENTERS OF ACADEMIC COMPUTING AND IN12 FORMATION ASSURANCE. 

13 (a) PROGRAM ESTABLISHED.—The Secretary of 

14 Homeland Security shall establish a program for Centers 

15 of Academic Computer and Information Assurance Dis16 tinction. 

17 (b) DESIGNATION OF CENTERS.— 

18 (1) IN GENERAL.—The Secretary may des19 ignate five colleges or universities as Centers of Dis20 tinction for Academic Computing and Information 

21 Security Assurance each year with no limit to the 

22 total number of such Centers that may be estab23 lished. The Secretary may make public the Centers 

24 for Distinction in Academic Computing and Infor25 mation Security Assurance. 


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1 (2) REVOCATION OF DESIGNATIONS.—The Sec2 retary may revoke the designation of a Center of 

3 Distinction for Academic Computing and Informa4 tion Security Assurance. 

5 (3) CRITERIA.—The Secretary shall make avail6 able information regarding the criteria for desig7 nating an institution as a Center of Distinction for 

8 Academic Computing and Information Security As9 surance under this section. 

10 (4) DISTANCE LEARNING.—In designating Cen11 ters under this section, the Secretary shall consider 

12 the number of students who are enrolled in distance 

13 learning computer or information security courses 

14 and whether collaborations for in laboratory instruc15 tion through shared arrangements with established 

16 information assurance, cybersecurity computing se17 curity programs at secondary education programs 

18 that laboratory facilities that meet best practices as 

19 outlined by the Secretary would be sufficient to meet 

20 the requirements established under this section. 

21 (c) OUTREACH.—The Secretary shall identify and re22 port on the success of efforts to reach under represented 

23 populations in the field of computing and information se24 curity through work with institutions as defined under sec25 tion 371 of the Higher Education Act of 1965. 


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1 (d) REPORT.—Not later than 220 days after the date 

2 of the enactment of this Act, the Secretary shall submit 

3 to Congress recommendations regarding distance learning 

4 computer and information security programs for meeting 

5 the cybersecurity professional requirements of the agency. 

6 (e) CONSIDERATION OF PROGRAMS.—The Secretary 

7 may consider the following when making grants to post8 secondary education institutions and private sector enti9 ties who are contracted, provided grants or funds to con10 duct research on information assurance, cybersecurity and 

11 computing security to advance the agency’s cybersecurity 

12 capacity: 

13 (1) Institutions designated as a Center of Dis14 tinction for Academic Computing and Information 

15 Security Assurance. 

16 (2) Institutions who have established academic 

17 mentoring and program development partnerships 

18 related to information assurance, cybersecurity, and 

19 computing security academic programs with institu20 tions defined under section 371 of the Higher Edu21 cation Act of 1965. 

22 SEC. 8242. LIFELONG LEARNING IN COMPUTER AND INFOR23 MATION SECURITY STUDY. 

24 (a) ESTABLISHMENT.—The Secretary of Homeland 

25 Security shall establish a program to be known as the 


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1 ‘‘Lifelong Computer and Information Security Study’’. 

2 Such program shall be designed to promote computer and 

3 information security professionals among Federal civilian 

4 agencies, critical infrastructure, and the general public by 

5 supporting post-employment education and training. 

6 (b) DISCRETION OF SECRETARY.—The Secretary 

7 shall have the discretion to determine the best methods 

8 for accomplishing the objective of this section. 

9 (c) REPORTS.—The Secretary shall periodically sub10 mit to Congress a report on the implementation of this 

11 section. 

12 SEC. 8243. COMPUTER AND INFORMATION SECURITY JOB 

13 OPPORTUNITIES PROGRAM. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity, acting through the Deputy Assistant Secretary for 

16 Cybersecurity Education and Awareness, shall establish, 

17 in conjunction with the National Science Foundation, a 

18 program to award grants to institutions of higher edu19 cation (and consortia thereof) for— 

20 (1) the establishment or expansion of computer 

21 and information security professional development 

22 programs; 

23 (2) the establishment or expansion (or both) of 

24 associate degree programs in computer and informa25 tion security; and 


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1 (3) the purchase of equipment to provide train2 ing in computer and information security for either 

3 professional development programs or degree pro4 grams. 

5 (b) GOALS AND CRITERIA.—The Secretary, acting 

6 through the Deputy Assistant Secretary and in consulta7 tion with the Working Group established under section 

8 8237, shall establish the goals for the program under this 

9 section and the criteria for awarding grants. 

10 (c) AWARDS.— 

11 (1) PEER REVIEW.—All awards under this sec12 tion shall be provided on a competitive, merit-re13 viewed basis. The peer review process shall be pub14 lished in the Federal Register. Those serving in a 

15 peer review role shall do so for 2 years with an op16 tion for 1 additional term. Applicants in the event 

17 of a denial of an award shall be provided with a de18 tailed explanation for the denial. 

19 (2) FOCUS.—In making awards under this sec20 tion, the Deputy Assistant Secretary shall, to the ex21 tent practicable, ensure geographic diversity and the 

22 participation of women and under represented mi23 norities. 

24 (3) PREFERENCE.—In making awards under 

25 this section, the Deputy Assistant Secretary shall— 


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1 (A) give preference to applications sub2 mitted by consortia of institutions, to encourage 

3 as many students and professionals as possible 

4 to benefit from the program established under 

5 this section; 

6 (B) give preference to any application sub7 mitted by a consortium of institutions that in8 cludes at least one institution that is eligible to 

9 receive funds under title III or V of the Higher 

10 Education Act of 1965; and 

11 (C) consider the enrollment of students in 

12 online and distance learning courses. 

13 (d) INSTITUTION OF HIGHER EDUCATION DE14 FINED.—In this section the term ‘‘institution of higher 

15 education’’ has the meaning given that term in section 

16 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

17 1001(a)). 

18 SEC. 8244. DEPARTMENT OF HOMELAND SECURITY CYBER19 SECURITY TRAINING PROGRAMS AND EQUIP20 MENT. 

21 (a) IN GENERAL.—The Secretary of Homeland Secu22 rity, acting through the Assistant Secretary of Cybersecu23 rity, shall establish, in conjunction with the National 

24 Science Foundation, a program to award grants to institu25 tions of higher education (and consortia thereof) for— 


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1 (1) the establishment or expansion of cyberse2 curity professional development programs; 

3 (2) the establishment or expansion (or both) of 

4 associate degree programs in cybersecurity; and 

5 (3) the purchase of equipment to provide train6 ing in cybersecurity for either professional develop7 ment programs or degree programs. 

8 (b) ROLES.— 

9 (1) DEPARTMENT OF HOMELAND SECURITY.— 

10 The Secretary, acting through the Assistant Sec11 retary and in consultation with the Director of the 

12 National Science Foundation, shall establish the 

13 goals for the program established under this section 

14 and the criteria for awarding grants. 

15 (2) NATIONAL SCIENCE FOUNDATION.—The Di16 rector of the National Science Foundation shall op17 erate the program established under this section 

18 consistent with the goals and criteria established 

19 under paragraph (1), including soliciting applicants, 

20 reviewing applications, and making and admin21 istering awards. The Director may consult with the 

22 Assistant Secretary in selecting awardees. 

23 (3) FUNDING.—The Secretary shall transfer to 

24 the National Science Foundation the funds nec25 essary to carry out this section. 


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1 (c) AWARDS.— 

2 (1) PEER REVIEW.—All awards under this sec3 tion shall be provided on a competitive, merit-re4 viewed basis. 

5 (2) FOCUS.—In making awards under this sec6 tion, the Director shall, to the extent practicable, en7 sure geographic diversity and the participation of 

8 women and under represented minorities. 

9 (3) PREFERENCE.—In making awards under 

10 this section, the Director— 

11 (A) shall give preference to applications 

12 submitted by consortia of institutions, to en13 courage as many students and professionals as 

14 possible to benefit from the program established 

15 under this section; and 

16 (B) shall give preference to any application 

17 submitted by a consortium of institutions that 

18 includes at least one institution that is eligible 

19 to receive funds under title III or V of the 

20 Higher Education Act of 1965. 

21 (d) INSTITUTION OF HIGHER EDUCATION DE22 FINED.—In this section the term ‘‘institution of higher 

23 education’’ has the meaning given that term in section 

24 101(a) of the Higher Education Act of 1965 (20 U.S.C. 

25 1001(a)). 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary for car3 rying out this section $3,700,000 for each of fiscal years 

4 2019 and 2020. 

5 SEC. 8245. E-SECURITY FELLOWS PROGRAM. 

6 (a) ESTABLISHMENT OF PROGRAM.—Subtitle C of 

7 title II of the Homeland Security Act of 2002 (6 U.S.C. 

8 121 et seq.) is further amended by adding at the end the 

9 following: 

10 ‘‘SEC. 230E. E-SECURITY FELLOWS PROGRAM. 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish a fellowship program in accordance with this 

14 section for the purpose of bringing State, local, trib15 al, and private sector officials to participate in the 

16 work of the National Cybersecurity Division in order 

17 to become familiar with the Department’s stated cy18 bersecurity missions and capabilities, including but 

19 not limited to— 

20 ‘‘(A) enhancing Federal, State, local, and 

21 tribal government cybersecurity; 

22 ‘‘(B) developing partnerships with other 

23 Federal agencies, State, local, and tribal gov24 ernments, and the private sector; 


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1 ‘‘(C) improving and enhancing public/pri2 vate information sharing involving cyber at3 tacks, threats, and vulnerabilities; 

4 ‘‘(D) providing and coordinating incident 

5 response and recovery planning efforts; and 

6 ‘‘(E) fostering training and certification. 

7 ‘‘(2) PROGRAM NAME.—The program under 

8 this section shall be known as the E-Security Fel9 lows Program. 

10 ‘‘(b) ELIGIBILITY.—In order to be eligible for selec11 tion as a fellow under the program, an individual must— 

12 ‘‘(1) have cybersecurity-related responsibilities; 

13 and 

14 ‘‘(2) be eligible to possess an appropriate na15 tional security clearance. 

16 ‘‘(c) LIMITATIONS.—The Secretary— 

17 ‘‘(1) may conduct up to 2 iterations of the pro18 gram each year, each of which shall be 180 days in 

19 duration; and 

20 ‘‘(2) shall ensure that the number of fellows se21 lected for each iteration does not impede the activi22 ties of the Division. 

23 ‘‘(d) CONDITION.—As a condition of selecting an in24 dividual as a fellow under the program, the Secretary shall 

25 require that the individual’s employer agree to continue 


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1 to pay the individual’s salary and benefits during the pe2 riod of the fellowship. 

3 ‘‘(e) STIPEND.—During the period of the fellowship 

4 of an individual under the program, the Secretary shall, 

5 subject to the availability of appropriations, provide to the 

6 individual a stipend to cover the individual’s reasonable 

7 living expenses during the period of the fellowship.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of such Act is amended by adding at the 

10 end of the items relating to such subtitle the following: 

‘‘Sec. 230E. E-Security Fellows Program.’’. 

11 SEC. 8246. NATIONAL SCIENCE FOUNDATION STUDY ON 

12 SCIENCE AND TECHNOLOGY STUDENT RE13 TENTION. 

14 (a) STUDY.—The National Science Foundation shall 

15 conduct a study on the causes of the high dropout rates 

16 of women and minority students enrolled in programs of 

17 education leading to degrees in science, technology, engi18 neering, and mathematics and the effects of such dropout 

19 rates on the cost of education for such students and the 

20 shortage of workers qualified for jobs in science and tech21 nology. 

22 (b) REPORT.—Not later than 180 days after the date 

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1 ducted under subsection (a) together with any rec2 ommendations of the National Science Foundation. 

3 SEC. 8247. CHALLENGE GRANTS. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity shall make grants to the Center of Distinction for 

6 Academic Computing and Information Security Assur7 ance, which shall be known as ‘‘Challenge Grants’’. The 

8 recipient of a grant under this section shall use the grant 

9 to form a partnership with the Office of Cybersecurity 

10 Education and Awareness to assist in improving the com11 puting programs of such colleges and universities and 

12 meeting the requirements to become a Center of Distinc13 tion for Academic Computing and Information Security. 

14 The Secretary shall ensure that the institutions that re15 ceive assistance under this subsection are the institutions 

16 as defined under section 371 of the Higher Education Act 

17 of 1965 (20 U.S.C. 1067q). 

18 (b) REPORT.—The Secretary shall submit to Con19 gress a report on the outcomes of the partnerships funded 

20 by grants under this section and shall include in such re21 port the recommendations of the Secretary regarding im22 proving the access of the population served by the institu23 tions of higher education described in subsection (a). 


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1 SEC. 8248. E-SECURITY FELLOWS PROGRAM. 

2 (a) ESTABLISHMENT OF PROGRAM.—Subtitle C of 

3 title II of the Homeland Security Act of 2002 (6 U.S.C. 

4 121 et seq.) is further amended by adding at the end the 

5 following: 

6 ‘‘SEC. 230F. E-SECURITY FELLOWS PROGRAM. 

7 ‘‘(a) ESTABLISHMENT.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish a fellowship program in accordance with this 

10 section for the purpose of bringing State, local, trib11 al, and private sector officials to participate in the 

12 work of the National Cybersecurity Division in order 

13 to become familiar with the Department’s stated cy14 bersecurity missions and capabilities, including but 

15 not limited to— 

16 ‘‘(A) developing partnerships with other 

17 Federal agencies, State, local, and tribal gov18 ernments, and the private sector; and 

19 ‘‘(B) fostering training and certification. 

20 ‘‘(2) PROGRAM NAME.—The program under 

21 this section shall be known as the ‘E-Security Fel22 lows Program’. 

23 ‘‘(b) ELIGIBILITY.—In order to be eligible for selec24 tion as a fellow under the program, an individual must— 

25 ‘‘(1) have computer and information security26 related responsibilities; and 


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1 ‘‘(2) be eligible to possess an appropriate na2 tional security clearance. 

3 ‘‘(c) LIMITATIONS.—The Secretary— 

4 ‘‘(1) may conduct up to 2 iterations of the pro5 gram each year, each of which shall be 180 days in 

6 duration; and 

7 ‘‘(2) shall ensure that the number of fellows se8 lected for each iteration does not impede the activi9 ties of the Division. 

10 ‘‘(d) CONDITION.—As a condition of selecting an in11 dividual as a fellow under the program, the Secretary shall 

12 require that the individual’s employer agree to continue 

13 to pay the individual’s salary and benefits during the pe14 riod of the fellowship. 

15 ‘‘(e) STIPEND.—During the period of the fellowship 

16 of an individual under the program, the Secretary shall, 

17 subject to the availability of appropriations, provide to the 

18 individual a stipend to cover the individual’s reasonable 

19 living expenses during the period of the fellowship.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of such Act is further amended by adding 

22 at the end of the items relating to such subtitle the fol23 lowing: 

‘‘Sec. 230F. E-Security Fellows Program.’’. 


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1 PART 6—SUPPLEMENTAL NUTRITION 

2 ASSISTANCE PROGRAM 

3 SEC. 8251. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN 

4 THE SUPPLEMENTAL NUTRITION ASSIST5 ANCE PROGRAM. 

6 (a) AMENDMENTS.—Section 6(e) of the Food and 

7 Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended— 

8 (1) in paragraph (7) by striking ‘‘or’’ at the 

9 end; 

10 (2) in paragraph (8) by striking the period at 

11 the end and inserting a semicolon; and 

12 (3) by adding at the end the following: 

13 ‘‘(9) has an expected family contribution of 

14 zero, as determined by the procedures established in 

15 part F of title IV of the Higher Education Act of 

16 1965 (20 U.S.C. 1087kk–1087vv); or 

17 ‘‘(10) is determined to be ‘independent’ based 

18 on one of the criteria specified in subparagraphs 

19 (B), (C), (D), (G), and (H) of section 480(d)(1) of 

20 the Higher Education Act (20 U.S.C. 1087vv).’’. 

21 (b) EFFECTIVE DATE.—This section and the amend22 ments made by this section shall take effect on October 

23 1, 2019. 


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1 PART 7—STRENGTHENING PREVENTION AND RE2 SPONSE MEASURES FOR HATE CRIMES ON 

3 COLLEGE CAMPUSES 

4 SEC. 8261. HATE CRIME PREVENTION AND RESPONSE. 

5 Part B of title I of the Higher Education Act of 1965 

6 is amended by adding at the end the following: 

7 ‘‘SEC. 124. HATE CRIME PREVENTION AND RESPONSE. 

8 ‘‘(a) RESTRICTION ON ELIGIBILITY.—Notwithstand9 ing any other provision of law, no institution of higher 

10 education shall be eligible to receive funds or any other 

11 form of financial assistance under any program under title 

12 IV, unless the institution certifies to the Secretary that 

13 the institution has adopted and has implemented a pro14 gram to prevent and adequately respond to hate crimes 

15 within the jurisdiction of the institution or by students 

16 and employees that, at a minimum, includes— 

17 ‘‘(1) the annual distribution to each student 

18 and employee of— 

19 ‘‘(A) standards of conduct and the applica20 ble sanctions that clearly prohibit, at a min21 imum, the acts or threats of violence, property 

22 damage, harassment, intimidation, or other 

23 crimes that specifically target an individual 

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1 stitution’s property or as a part of any of the 

2 institution’s activities; 

3 ‘‘(B) a clear definition of what constitutes 

4 a hate crime or hate incident under Federal 

5 and State law or other applicable authority; 

6 ‘‘(C) a description of the applicable legal 

7 sanctions under local, State, or Federal law for 

8 perpetrating a hate crime; 

9 ‘‘(D) a description of any counseling, med10 ical treatment, or rehabilitation programs that 

11 are available to students or employees that are 

12 victims of hate crimes or other hate-based 

13 incidences; 

14 ‘‘(E) a description of applicable services 

15 for students to be able to switch dorms, classes, 

16 or make other arrangements should they feel 

17 unsafe in those spaces due to a hate crime 

18 which affects such space; and 

19 ‘‘(F) a distinct statement that the institu20 tion will impose sanctions on students and em21 ployees (consistent with local, State, and Fed22 eral law), and a description of those sanctions, 

23 up to and including expulsion or termination of 

24 employment and referral for prosecution, for 


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1 violations of the standards of conduct required 

2 by subparagraph (A); and 

3 ‘‘(2) a quadrennial review by the institution of 

4 the institution’s program to— 

5 ‘‘(A) determine the program’s effectiveness 

6 and implement changes to the program if the 

7 changes are needed; 

8 ‘‘(B) determine the number of hate crimes 

9 and fatalities that— 

10 ‘‘(i) occur on the institution’s campus 

11 (as defined in section 485(f)(6)), or as 

12 part of any of the institution’s activities; 

13 and 

14 ‘‘(ii) are reported to campus officials 

15 or nonaffiliated local law enforcement 

16 agencies with jurisdiction over the incident; 

17 ‘‘(C) determine the number, type, and se18 verity of sanctions described in paragraph 

19 (1)(F) that are imposed by the institution as a 

20 result of hate crimes and fatalities on the insti21 tution’s campus or as part of any of the institu22 tion’s activities; and 

23 ‘‘(D) ensure that sanctions required by 

24 paragraph (1)(F) are consistently enforced. 


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1 ‘‘(b) INFORMATION AVAILABILITY.—Each institution 

2 of higher education that provides the certification required 

3 by subsection (a) shall, upon request, make available to 

4 the Secretary and to the public a copy of each item re5 quired by subsection (a)(1) as well as the results of the 

6 biennial review required by subsection (a)(2). 

7 ‘‘(1) REGULATIONS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 publish regulations to implement and enforce 

10 the provisions of this section, including regula11 tions that provide for— 

12 ‘‘(i) the periodic review of a represent13 ative sample of programs required by sub14 section (a); and 

15 ‘‘(ii) a range of responses and sanc16 tions for institutions of higher education 

17 that fail to implement their programs or to 

18 consistently enforce their sanctions, includ19 ing information and technical assistance, 

20 the development of a compliance agree21 ment, and the termination of any form of 

22 Federal financial assistance. 

23 ‘‘(B) INCLUSIVITY PROGRAM.—The sanc24 tions required by subsection (a)(1)(F) that are 

25 imposed by the institution of higher education, 


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1 may include an inclusivity program as an ex2 plicit condition of remaining enrolled at the in3 stitution of higher education, that the defend4 ant successfully undertake educational classes 

5 or community service directly related to the 

6 community harmed by the respondent’s offense. 

7 ‘‘(2) APPEALS.—Upon determination by the 

8 Secretary to terminate financial assistance to any in9 stitution of higher education under this section, the 

10 institution may file an appeal with an administrative 

11 law judge before the expiration of the 30-day period 

12 beginning on the date such institution is notified of 

13 the decision to terminate financial assistance under 

14 this section. Such judge shall hold a hearing with re15 spect to such termination of assistance before the 

16 expiration of the 45-day period beginning on the 

17 date that such appeal is filed. Such judge may ex18 tend such 45-day period upon a motion by the insti19 tution concerned. The decision of the judge with re20 spect to such termination shall be considered to be 

21 a final agency action. 

22 ‘‘(3) HATE CRIME PREVENTION AND RESPONSE

23 GRANTS.— 

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1 er education or consortia of such institutions, 

2 and enter into contracts with such institutions, 

3 consortia, and other organizations, to develop, 

4 implement, operate, improve, and disseminate 

5 programs of prevention, and education to re6 duce and eliminate hate crimes. Such grants or 

7 contracts may also be used for the support of 

8 a higher education center for hate crime pre9 vention and response that will provide training, 

10 technical assistance, evaluation, dissemination, 

11 and associated services and assistance to the 

12 higher education community as determined by 

13 the Secretary and institutions of higher edu14 cation. 

15 ‘‘(B) AWARDS.—Grants and contracts 

16 shall be awarded under subparagraph (A) on a 

17 by needs basis. 

18 ‘‘(C) APPLICATIONS.—An institution of 

19 higher education or a consortium of such insti20 tutions that desires to receive a grant or con21 tract under paragraph (A) shall submit an ap22 plication to the Secretary at such time, in such 

23 manner, and containing or accompanied by 

24 such information as the Secretary may reason25 ably require by regulation. 


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1 ‘‘(D) ADDITIONAL REQUIREMENTS.— 

2 ‘‘(i) PARTICIPATION.—In awarding 

3 grants and contracts under this subsection 

4 the Secretary shall make every effort to 

5 ensure— 

6 ‘‘(I) the equitable participation of 

7 private and public institutions of high8 er education (including community 

9 and junior colleges); and 

10 ‘‘(II) the equitable geographic 

11 participation of such institutions. 

12 ‘‘(ii) CONSIDERATION.—In awarding 

13 grants and contracts under this subsection 

14 the Secretary shall give appropriate consid15 eration to institutions of higher education 

16 with limited enrollment. 

17 ‘‘(E) AUTHORIZATION OF APPROPRIA18 TIONS.—There are authorized to be appro19 priated to carry out this subsection such sums 

20 as may be necessary for fiscal year 2019 and 

21 each of the 5 succeeding fiscal years. 

22 ‘‘(4) DEFINITION.—The term ‘hate crime’ 

23 means any criminal offense perpetrated against a 

24 person or property that was motivated in whole or 

25 in part by an offender’s bias against a race, religion, 


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1 disability, sexual orientation, ethnicity, gender, or 

2 gender identity.’’. 

3 SEC. 8262. CLERY ACT AMENDMENTS. 

4 Section 485(f) of the Higher Education Act of 1965 

5 (20 U.S.C. 1092(f)) is amended— 

6 (1) in paragraph (1)— 

7 (A) in subparagraph (C)— 

8 (i) by striking ‘‘and’’ at the end of 

9 clause (ii); 

10 (ii) in clause (iii)— 

11 (I) by striking ‘‘encourage’’ and 

12 inserting ‘‘require’’; 

13 (II) by inserting ‘‘, including hate 

14 crimes,’’ after ‘‘all crimes’’; and 

15 (III) by striking the period at the 

16 end and inserting ‘‘; and’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(i) policies encourage officer develop20 ment training to specifically recognize, pre21 vent, and respond to hate crimes.’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(K) A statement of policy regarding hate24 based crimes and the enforcement of Federal and 

25 State hate crime laws and a description of any hate 


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1 crime prevention and response programs required 

2 under section 124.’’; and 

3 (2) in paragraph (6)(A), by adding at the end 

4 the following: 

5 ‘‘(vi) The term ‘hate crime’ has the 

6 meaning given the term in section 

7 124(b)(4).’’. 

8 SEC. 8263. PROGRAM PARTICIPATION AGREEMENTS. 

9 Section 487(a) of the Higher Education Act of 1965 

10 (20 U.S.C. 1094(a)) is amended by adding at the end the 

11 following: 

12 ‘‘(30) The institution will have hate 

13 crime prevention and response programs 

14 that the institution has determined to be 

15 accessible to any officer, employee, or stu16 dent at the institution and which meets the 

17 requirements of section 124.’’. 

18 SEC. 8264. ACCREDITING AGENCY RECOGNITION. 

19 Section 496(a)(5) of the Higher Education Act of 

20 1965 (20 U.S.C. 1099b(a)(5)) is amended— 

21 (1) in subparagraph (I), by striking ‘‘and’’ at 

22 the end; 

23 (2) in subparagraph (J), by inserting ‘‘and’’ 

24 after the semicolon; and 


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1 (3) by inserting after subparagraph (J) and be2 fore the flush text, the following: 

3 ‘‘(K) safety objectives with respect to hate 

4 crimes (defined in section 124(b)(4)) and the 

5 established measures and policies to combat 

6 such crimes;’’. 

7 Subtitle D—Historically Black 

8 Colleges and Universities 

9 SEC. 8301. BOND INSURANCE. 

10 Section 343 of the Higher Education Act of 1965 (20 

11 U.S.C. 1066b) is amended— 

12 (1) by striking ‘‘escrow account’’ each place it 

13 appears and inserting ‘‘bond insurance fund’’; and 

14 (2) in subsection (b)— 

15 (A) in paragraph (1), by striking ‘‘an’’ and 

16 inserting ‘‘a’’; and 

17 (B) in paragraph (8), in the matter pre18 ceding subparagraph (A), by striking ‘‘an’’ and 

19 inserting ‘‘a’’. 

20 SEC. 8302. STRENGTHENING TECHNICAL ASSISTANCE. 

21 Paragraph (9) of section 345 of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1066d) is amended to read 

23 as follows: 

24 ‘‘(9) may, directly or by grant or contract, pro25 vide financial counseling and technical assistance to 


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1 eligible institutions to prepare the institutions to 

2 qualify, apply for, and maintain a capital improve3 ment loan, including a loan under this part; and’’. 

4 SEC. 8303. HBCU CAPITAL FINANCING ADVISORY BOARD. 

5 Paragraph (2) of section 347(c) of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1066f(c)) is amended to 

7 read as follows: 

8 ‘‘(2) REPORT.—On an annual basis, the Advi9 sory Board shall prepare and submit to the author10 izing committees a report on the status of the his11 torically Black colleges and universities described in 

12 paragraph (1)(A). That report shall also include— 

13 ‘‘(A) an overview of all loans in the capital 

14 financing program, including the most recent 

15 loans awarded in the fiscal year in which the re16 port is submitted; and 

17 ‘‘(B) administrative and legislative rec18 ommendations, as needed, for addressing the 

19 issues related to construction financing facing 

20 historically Black colleges and universities.’’. 

21 Subtitle E—Mentoring 

22 SEC. 8401. TRANSITION-TO-SUCCESS MENTORING PRO23 GRAM. 

24 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 1002(d) of the Elementary and Secondary Education Act 


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1 of 1965 (20 U.S.C. 6553) is amended to read as follows: 

2 ‘‘There are authorized to be appropriated to carry out the 

3 activities described in part D, $50,000,000 for fiscal year 

4 2019 and such sums as may be necessary for each suc5 ceeding fiscal year.’’. 

6 (b) TRANSITION-TO-SUCCESS MENTORING PRO7 GRAM.—Part D of title I of such Act (20 U.S.C. 6421 

8 et seq.) is amended by adding at the end the following: 

9 ‘‘Subpart 4—Transition-to-Success Mentoring 

10 Program 

11 ‘‘SEC. 1441. TRANSITION-TO-SUCCESS MENTORING PRO12 GRAM. 

13 ‘‘(a) IN GENERAL.—From the amounts appropriated 

14 to carry out this section, the Secretary shall award grants 

15 to eligible entities to establish, expand, or support school16 based mentoring programs to assist eligible students with 

17 the transition from middle school to high school. 

18 ‘‘(b) APPLICATION.—To receive a grant under this 

19 section, an eligible entity shall submit an application to 

20 the Secretary at such time, in such manner, and con21 taining such information as the Secretary may require. 

22 ‘‘(c) USES OF FUNDS.— 

23 ‘‘(1) REQUIRED USES OF FUNDS.—An eligible 

24 entity that receives a grant under this section shall 

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1 gram, or to expand or provide technical support to 

2 an existing mentoring program, in all middle schools 

3 served by the entity, under which each eligible stu4 dent is assigned to a success coach who— 

5 ‘‘(A) creates a plan for success for the stu6 dent that— 

7 ‘‘(i) is created with the student, teach8 ers, mentor, and parents of the student; 

9 ‘‘(ii) includes, for each academic year, 

10 the student’s academic, personal, and ca11 reer exploration goals, and a strategy on 

12 how to accomplish such goals; and 

13 ‘‘(iii) identifies the student’s 

14 strengths, weaknesses, and academic 

15 progress; 

16 ‘‘(B) enters into a signed, written agree17 ment with the parents of the student that de18 scribes how the parents should assist the stu19 dent in carrying out the plan for success; 

20 ‘‘(C) meets with the student at least once 

21 per month to— 

22 ‘‘(i) assist the student in achieving the 

23 goals under the plan for success; 

24 ‘‘(ii) identify the student’s academic 

25 areas of weaknesses; 


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1 ‘‘(iii) provide the student with the 

2 tools necessary to improve the student’s 

3 potential for academic excellence, and en4 sure the student’s successful transition 

5 from middle school to high school by iden6 tifying improved attitude, behavior, 

7 coursework, and social involvement; and 

8 ‘‘(iv) in the case of a student with be9 havioral issues, assist the student in behav10 ior management techniques; 

11 ‘‘(D) at least monthly, meets with the stu12 dent and the parents, teachers, or counselors of 

13 the student to— 

14 ‘‘(i) evaluate the student’s progress in 

15 achieving the goals under the plan for the 

16 current academic year; and 

17 ‘‘(ii) revise or establish new goals for 

18 the next academic year; and 

19 ‘‘(E) serves as the student’s advocate be20 tween the teachers and parents of the student 

21 to ensure that the teachers and parents under22 stand the student’s plan. 

23 ‘‘(2) AUTHORIZED USES OF FUNDS.—An eligi24 ble entity that receives a grant under this section 

25 may use such funds to— 


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1 ‘‘(A) develop and carry out a training pro2 gram for success coaches, including providing 

3 support to match success coaches with eligible 

4 students; 

5 ‘‘(B) cover the cost of any materials used 

6 by success coaches under the mentoring pro7 gram; and 

8 ‘‘(C) hire staff to perform or support the 

9 program objectives. 

10 ‘‘(d) GRANT DURATION.—A grant under this section 

11 shall be awarded for a period of not more than 5 years. 

12 ‘‘(e) REPORTING REQUIREMENTS.— 

13 ‘‘(1) ELIGIBLE ENTITIES.—An eligible entity 

14 receiving a grant under this section shall submit to 

15 the Secretary, at the end of each academic year dur16 ing the grant period, a report that includes— 

17 ‘‘(A) the number of students who partici18 pated in the school-based mentoring program 

19 that was funded in whole or in part with the 

20 grant funds under this section; 

21 ‘‘(B) data on the academic achievement of 

22 such students; 

23 ‘‘(C) the number of contact hours between 

24 such students and their success coaches; and 


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1 ‘‘(D) any other information that the Sec2 retary may require to evaluate the success of 

3 the school-based mentoring program. 

4 ‘‘(2) SECRETARY.— 

5 ‘‘(A) INTERIM REPORT.—At the end of the 

6 third fiscal year for which funds are made 

7 available to carry out this section, the Secretary 

8 shall submit to Congress an interim report on 

9 the success of the school-based mentoring pro10 grams funded under this section that includes 

11 the information received under paragraph (1). 

12 ‘‘(B) FINAL REPORT.—At the end of the 

13 fifth fiscal year for which funds are made avail14 able to carry out this section, the Secretary 

15 shall submit to Congress a final report on the 

16 success of the school-based mentoring programs 

17 funded under this section that includes the in18 formation received under paragraph (1). 

19 ‘‘(f) DEFINITIONS.—In this section: 

20 ‘‘(1) AT-RISK STUDENT.—The term ‘at-risk stu21 dent’ means a student who has been identified as a 

22 student who has below a 2.0 grade point average or 

23 the equivalent or who has been determined by par24 ents, teachers, or other school officials to— 

25 ‘‘(A) be at-risk of academic failure; 


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1 ‘‘(B) have expressed interest in dropping 

2 out of school; 

3 ‘‘(C) show signs of a drug or alcohol prob4 lem; 

5 ‘‘(D) be pregnant or a parent; 

6 ‘‘(E) have come into contact with the juve7 nile justice system in the past; 

8 ‘‘(F) have limited English proficiency; 

9 ‘‘(G) be a gang member; or 

10 ‘‘(H) have a high absenteeism rate at 

11 school. 

12 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en13 tity’ means— 

14 ‘‘(A) a local educational agency that— 

15 ‘‘(i) receives, or is eligible to receive, 

16 funds under part A of this title; or 

17 ‘‘(ii) is a high-need local educational 

18 agency; or 

19 ‘‘(B) a partnership between a local edu20 cational agency described in subparagraph (A) 

21 and a nonprofit, community-based organization. 

22 ‘‘(3) ELIGIBLE STUDENT.—The term ‘eligible 

23 student’ means a student who— 

24 ‘‘(A) is enrolled in a middle school served 

25 by an eligible entity; and 


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1 ‘‘(B) is an at-risk student. 

2 ‘‘(4) HIGH-NEED LOCAL EDUCATIONAL AGEN3 CY.—The term ‘high-need local educational agency’ 

4 means a local educational agency that serves at least 

5 one high-need school. 

6 ‘‘(5) HIGH-NEED SCHOOL.—The term ‘high7 need school’ has the meaning given the term in sec8 tion 2211(b)(2). 

9 ‘‘(6) MIDDLE SCHOOL.—The term ‘middle 

10 school’ means a nonprofit institutional day or resi11 dential school, including a public charter school, that 

12 provides middle school education, as determined 

13 under State law, except that the term does not in14 clude any education below grade 6 or beyond grade 

15 9. 

16 ‘‘(7) SCHOOL-BASED MENTORING.—The term 

17 ‘school-based mentoring’ refers to mentoring activi18 ties that— 

19 ‘‘(A) are closely coordinated with a school 

20 by involving teachers, counselors, and other 

21 school staff who may identify and refer stu22 dents for mentoring services; and 

23 ‘‘(B) assist at-risk students in improving 

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1 ferrals, and increasing positive regard for 

2 school. 

3 ‘‘(8) SUCCESS COACH.—The term ‘success 

4 coach’ means an individual who— 

5 ‘‘(A) is— 

6 ‘‘(i) an employee or volunteer of a 

7 local educational agency in which a men8 toring program receiving support under 

9 this section is being carried out; or 

10 ‘‘(ii) a volunteer or employee from a 

11 nonprofit, community-based organization 

12 that provides volunteers for mentoring pro13 grams in secondary schools; and 

14 ‘‘(B) prior to becoming a success coach— 

15 ‘‘(i) received training and support in 

16 mentoring from an eligible entity, which, at 

17 a minimum, was 2 hours in length and 

18 covered the roles and responsibilities of a 

19 success coach; and 

20 ‘‘(ii) underwent a screening by an eli21 gible entity that included— 

22 ‘‘(I) appropriate job reference 

23 checks; 

24 ‘‘(II) child and domestic abuse 

25 record checks; and 


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1 ‘‘(III) criminal background 

2 checks.’’. 

3 SEC. 8402. TABLE OF CONTENTS. 

4 The table of contents in section 2 of the Elementary 

5 and Secondary Education Act of 1965 (20 U.S.C. 6301 

6 et seq.) is amended by inserting after the item relating 

7 to section 1432 the following: 

‘‘SUBPART 4—TRANSITION-TO-SUCCESS MENTORING PROGRAM

‘‘Sec. 1441. Transition-to-success mentoring program.’’. 

8 Subtitle F—Civil Rights 

9 SEC. 8501. RESTORATION OF RIGHT TO CIVIL ACTION IN 

10 DISPARATE IMPACT CASES UNDER TITLE VI 

11 OF THE CIVIL RIGHTS ACT OF 1964. 

12 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

13 2000d et seq.) is amended by adding at the end the fol14 lowing: 

15 ‘‘SEC. 607. The violation of any regulation relating 

16 to disparate impact issued under section 602 shall give 

17 rise to a private civil cause of action for its enforcement 

18 to the same extent as does an intentional violation of the 

19 prohibition of section 601.’’. 

20 SEC. 8502. DESIGNATION OF MONITORS UNDER TITLE VI OF 

21 THE CIVIL RIGHTS ACT OF 1964. 

22 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

23 2000d et seq.) is further amended by adding at the end 

24 the following: 


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1 ‘‘SEC. 608. (a) Each recipient shall— 

2 ‘‘(1) designate at least one employee to coordi3 nate its efforts to comply with requirements adopted 

4 pursuant to section 602 and carry out the respon5 sibilities of the recipient under this title, including 

6 any investigation of any complaint alleging the non7 compliance of the recipient with such requirements 

8 or alleging any actions prohibited under this title; 

9 and 

10 ‘‘(2) notify its students and employees of the 

11 name, office address, and telephone number of each 

12 employee designated under paragraph (1). 

13 ‘‘(b) In this section, the term ‘recipient’ means a re14 cipient referred to in section 602 that operates an edu15 cation program or activity receiving Federal financial as16 sistance authorized or extended by the Secretary of Edu17 cation.’’. 

18 SEC. 8503. SPECIAL ASSISTANT FOR EQUITY AND INCLU19 SION. 

20 Section 202(b) of the Department of Education Or21 ganization Act (20 U.S.C. 3412(b)) is amended— 

22 (1) by redesignating paragraph (4) as para23 graph (5); and 

24 (2) by inserting after paragraph (3), the fol25 lowing: 


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1 ‘‘(4) There shall be in the Department, a Spe2 cial Assistant for Equity and Inclusion who shall be 

3 appointed by the Secretary. The Special Assistant 

4 shall promote, coordinate, and evaluate equity and 

5 inclusion programs, including the dissemination of 

6 information, technical assistance, and coordination 

7 of research activities. The Special Assistant shall ad8 vise the Secretary and Deputy Secretary on all mat9 ters relating to equity and inclusion in a manner 

10 consistent with title VI of the Civil Rights Act of 

11 1964 (42 U.S.C. 2000d et seq.).’’. 

12 DIVISION B—JUSTICE 

13 TITLE I—POLICE REFORM 

14 SEC. 1001. DEFINITIONS. 

15 In this Act: 

16 (1) COVERED PROGRAM.—The term ‘‘covered 

17 program’’ means any program or activity funded in 

18 whole or in part with funds made available under— 

19 (A) the Edward Byrne Memorial Justice 

20 Assistance Grant Program under part E of title 

21 I of the Omnibus Crime Control and Safe 

22 Streets Act of 1968 (42 U.S.C. 3750 et seq.); 

23 and 

24 (B) the ‘‘Cops on the Beat’’ program 

25 under part Q of title I of the Omnibus Crime 


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1 Control and Safe Streets Act of 1968 (42 

2 U.S.C. 3796dd et seq.), except that no pro3 gram, project, or other activity specified in sec4 tion 1701(b)(13) of such part shall be a covered 

5 program under this paragraph. 

6 (2) GOVERNMENTAL BODY.—The term ‘‘govern7 mental body’’ means any department, agency, special 

8 purpose district, or other instrumentality of Federal, 

9 State, local, or Indian tribal government. 

10 (3) HIT RATE.—The term ‘‘hit rate’’ means the 

11 percentage of stops and searches in which a law en12 forcement officer finds drugs, a gun, or other con13 traband that leads to an arrest. The hit rate is cal14 culated by dividing the total number of searches by 

15 the number of searches that yield contraband. The 

16 hit rate is complementary to the rate of false stops. 

17 (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

18 has the meaning given the term in section 102 of the 

19 Federally Recognized Indian Tribe List Act of 1994 

20 (25 U.S.C. 479a). 

21 (5) LAW ENFORCEMENT AGENCY.—The term 

22 ‘‘law enforcement agency’’ means any Federal, 

23 State, local, or Indian tribal public agency engaged 

24 in the prevention, detection, or investigation of viola25 tions of criminal, immigration, or customs laws. 


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1 (6) LAW ENFORCEMENT AGENT.—The term 

2 ‘‘law enforcement agent’’ means any Federal, State, 

3 local, or Indian tribal official responsible for enforc4 ing criminal, immigration, or customs laws, includ5 ing police officers and other agents of a law enforce6 ment agency. 

7 (7) RACIAL PROFILING.—The term ‘‘racial 

8 profiling’’ means the practice of a law enforcement 

9 agent or agency relying, to any degree, on actual or 

10 perceived race, ethnicity, national origin, religion, 

11 gender, gender identity, or sexual orientation in se12 lecting which individual to subject to routine or 

13 spontaneous investigatory activities or in deciding 

14 upon the scope and substance of law enforcement ac15 tivity following the initial investigatory procedure, 

16 except when there is trustworthy information, rel17 evant to the locality and timeframe, that links a per18 son with a particular characteristic described in this 

19 paragraph to an identified criminal incident or 

20 scheme. 

21 (8) ROUTINE OR SPONTANEOUS INVESTIGATORY

22 ACTIVITIES.—The term ‘‘routine or spontaneous in23 vestigatory activities’’ means the following activities 

24 by a law enforcement agent: 

25 (A) Interviews. 


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1 (B) Traffic stops. 

2 (C) Pedestrian stops. 

3 (D) Frisks and other types of body 

4 searches. 

5 (E) Consensual or nonconsensual searches 

6 of the persons, property, or possessions (includ7 ing vehicles) of individuals using any form of 

8 public or private transportation, including mo9 torists and pedestrians. 

10 (F) Data collection and analysis, assess11 ments, and predicated investigations. 

12 (G) Inspections and interviews of entrants 

13 into the United States that are more extensive 

14 than those customarily carried out. 

15 (H) Immigration-related workplace inves16 tigations. 

17 (I) Such other types of law enforcement 

18 encounters compiled for or by the Federal Bu19 reau of Investigation or the Department of Jus20 tice Bureau of Justice Statistics. 

21 (9) REASONABLE REQUEST.—The term ‘‘rea22 sonable request’’ means all requests for information, 

23 except for those that— 

24 (A) are immaterial to the investigation; 


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1 (B) would result in the unnecessary disclo2 sure of personal information; or 

3 (C) would place a severe burden on the re4 sources of the law enforcement agency given its 

5 size. 

6 (10) STATE.—The term ‘‘State’’ means each of 

7 the 50 States, the District of Columbia, the Com8 monwealth of Puerto Rico, and any other territory 

9 or possession of the United States. 

10 (11) UNIT OF LOCAL GOVERNMENT.—The term 

11 ‘‘unit of local government’’ means— 

12 (A) any city, county, township, town, bor13 ough, parish, village, or other general purpose 

14 political subdivision of a State; 

15 (B) any law enforcement district or judicial 

16 enforcement district that— 

17 (i) is established under applicable 

18 State law; and 

19 (ii) has the authority to, in a manner 

20 independent of other State entities, estab21 lish a budget and impose taxes; or 

22 (C) any Indian tribe that performs law en23 forcement functions, as determined by the Sec24 retary of the Interior. 


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1 SEC. 1002. PROHIBITION. 

2 No law enforcement agent or law enforcement agency 

3 shall engage in racial profiling. 

4 SEC. 1003. ENFORCEMENT. 

5 (a) REMEDY.—The United States, or an individual 

6 injured by racial profiling, may enforce this title in a civil 

7 action for declaratory or injunctive relief, filed either in 

8 a State court of general jurisdiction or in a district court 

9 of the United States. 

10 (b) PARTIES.—In any action brought under this title, 

11 relief may be obtained against— 

12 (1) any governmental body that employed any 

13 law enforcement agent who engaged in racial 

14 profiling; 

15 (2) any agent of such body who engaged in ra16 cial profiling; and 

17 (3) any person with supervisory authority over 

18 such agent. 

19 (c) NATURE OF PROOF.—Proof that the routine or 

20 spontaneous investigatory activities of law enforcement 

21 agents in a jurisdiction have had a disparate impact on 

22 individuals with a particular characteristic described in 

23 section 1001(7) shall constitute prima facie evidence of a 

24 violation of this title. 

25 (d) ATTORNEY’S FEES.—In any action or proceeding 

26 to enforce this title against any governmental body, the 


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1 court may allow a prevailing plaintiff, other than the 

2 United States, reasonable attorney’s fees as part of the 

3 costs, and may include expert fees as part of the attorney’s 

4 fee. 

5 SEC. 1004. POLICIES TO ELIMINATE RACIAL PROFILING. 

6 (a) IN GENERAL.—Federal law enforcement agencies 

7 shall— 

8 (1) maintain adequate policies and procedures 

9 designed to eliminate racial profiling; and 

10 (2) cease existing practices that permit racial 

11 profiling. 

12 (b) POLICIES.—The policies and procedures de13 scribed in subsection (a)(1) shall include— 

14 (1) a prohibition on racial profiling; 

15 (2) training on racial profiling issues as part of 

16 Federal law enforcement training; 

17 (3) the collection of data in accordance with the 

18 regulations issued by the Attorney General under 

19 section 401; 

20 (4) procedures for receiving, investigating, and 

21 responding meaningfully to complaints alleging ra22 cial profiling by law enforcement agents; and 

23 (5) any other policies and procedures the Attor24 ney General determines to be necessary to eliminate 

25 racial profiling by Federal law enforcement agencies. 


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1 SEC. 1005. POLICIES REQUIRED FOR GRANTS. 

2 (a) IN GENERAL.—An application by a State, a unit 

3 of local government, or a State, local, or Indian tribal law 

4 enforcement agency for funding under a covered program 

5 shall include a certification that such State, unit of local 

6 government, or law enforcement agency, and any law en7 forcement agency to which it will distribute funds— 

8 (1) maintains adequate policies and procedures 

9 designed to eliminate racial profiling; and 

10 (2) has eliminated any existing practices that 

11 permit or encourage racial profiling. 

12 (b) POLICIES.—The policies and procedures de13 scribed in subsection (a)(1) shall include— 

14 (1) a prohibition on racial profiling; 

15 (2) training on racial profiling issues as part of 

16 law enforcement training; 

17 (3) the collection of data in accordance with the 

18 regulations issued by the Attorney General under 

19 section 401; and 

20 (4) participation in an administrative complaint 

21 procedure or independent audit program that meets 

22 the requirements of section 302. 

23 (c) EFFECTIVE DATE.—This section shall take effect 

24 12 months after the date of enactment of this Act. 

25 SEC. 1006. INVOLVEMENT OF ATTORNEY GENERAL. 

26 (a) REGULATIONS.— 


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1 (1) IN GENERAL.—Not later than 6 months 

2 after the date of enactment of this Act and in con3 sultation with stakeholders, including Federal, State, 

4 tribal, and local law enforcement agencies and com5 munity, professional, research, and civil rights orga6 nizations, the Attorney General shall issue regula7 tions for the operation of administrative complaint 

8 procedures and independent audit programs to en9 sure that such programs and procedures provide an 

10 appropriate response to allegations of racial profiling 

11 by law enforcement agents or agencies. 

12 (2) GUIDELINES.—The regulations issued 

13 under paragraph (1) shall contain guidelines that 

14 ensure the fairness, effectiveness, and independence 

15 of the administrative complaint procedures and inde16 pendent auditor programs. 

17 (b) NONCOMPLIANCE.—If the Attorney General de18 termines that the recipient of a grant from any covered 

19 program is not in compliance with the requirements of sec20 tion 301 or the regulations issued under subsection (a), 

21 the Attorney General shall withhold, in whole or in part 

22 (at the discretion of the Attorney General), funds for one 

23 or more grants to the recipient under the covered pro24 gram, until the recipient establishes compliance. 


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1 (c) PRIVATE PARTIES.—The Attorney General shall 

2 provide notice and an opportunity for private parties to 

3 present evidence to the Attorney General that a recipient 

4 of a grant from any covered program is not in compliance 

5 with the requirements of this title. 

6 SEC. 1007. DATA COLLECTION DEMONSTRATION PROJECT. 

7 (a) COMPETITIVE AWARDS.— 

8 (1) IN GENERAL.—The Attorney General may, 

9 through competitive grants or contracts, carry out a 

10 2-year demonstration project for the purpose of de11 veloping and implementing data collection programs 

12 on the hit rates for stops and searches by law en13 forcement agencies. The data collected shall be 

14 disaggregated by race, ethnicity, national origin, 

15 gender, and religion. 

16 (2) NUMBER OF GRANTS.—The Attorney Gen17 eral shall provide not more than 5 grants or con18 tracts under this section. 

19 (3) ELIGIBLE GRANTEES.—Grants or contracts 

20 under this section shall be awarded to law enforce21 ment agencies that serve communities where there is 

22 a significant concentration of racial or ethnic minori23 ties and that are not already collecting data volun24 tarily. 


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1 (b) REQUIRED ACTIVITIES.—Activities carried out 

2 with a grant under this section shall include— 

3 (1) developing a data collection tool and report4 ing the compiled data to the Attorney General; and 

5 (2) training of law enforcement personnel on 

6 data collection, particularly for data collection on hit 

7 rates for stops and searches. 

8 (c) EVALUATION.—Not later than 3 years after the 

9 date of enactment of this Act, the Attorney General shall 

10 enter into a contract with an institution of higher edu11 cation (as defined in section 101 of the Higher Education 

12 Act of 1965 (20 U.S.C. 1001)) to analyze the data col13 lected by each of the grantees funded under this section. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out activities 

16 under this section— 

17 (1) $5,000,000, over a 2-year period, to carry 

18 out the demonstration program under subsection 

19 (a); and 

20 (2) $500,000 to carry out the evaluation under 

21 subsection (c). 

22 SEC. 1008. BEST PRACTICES DEVELOPMENT GRANTS. 

23 (a) GRANT AUTHORIZATION.—The Attorney General, 

24 through the Bureau of Justice Assistance, may make 

25 grants to States, local law enforcement agencies, and units 


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1 of local government to develop and implement best prac2 tice devices and systems to eliminate racial profiling. 

3 (b) USE OF FUNDS.—The funds provided under sub4 section (a) shall be used for programs that include the 

5 following purposes: 

6 (1) The development and implementation of 

7 training to prevent racial profiling and to encourage 

8 more respectful interaction with the public. 

9 (2) The acquisition and use of technology to fa10 cilitate the accurate collection and analysis of data. 

11 (3) The development and acquisition of feed12 back systems and technologies that identify officers 

13 or units of officers engaged in, or at risk of engag14 ing in, racial profiling or other misconduct. 

15 (4) The establishment and maintenance of an 

16 administrative complaint procedure or independent 

17 auditor program. 

18 (c) EQUITABLE DISTRIBUTION.—The Attorney Gen19 eral shall ensure that grants under this section are award20 ed in a manner that reserves an equitable share of funding 

21 for small and rural law enforcement agencies. 

22 (d) APPLICATION.—Each State, local law enforce23 ment agency, or unit of local government desiring a grant 

24 under this section shall submit an application to the Attor25 ney General at such time, in such manner, and accomVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00613 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 panied by such information as the Attorney General may 

2 reasonably require. 

3 SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums 

5 as are necessary to carry out this title. 

6 SEC. 1010. ATTORNEY GENERAL TO ISSUE REGULATIONS. 

7 (a) REGULATIONS.—Not later than 6 months after 

8 the date of enactment of this Act, the Attorney General, 

9 in consultation with stakeholders, including Federal, 

10 State, and local law enforcement agencies and community, 

11 professional, research, and civil rights organizations, shall 

12 issue regulations for the collection and compilation of data 

13 under sections 201 and 301. 

14 (b) REQUIREMENTS.—The regulations issued under 

15 subsection (a) shall— 

16 (1) provide for the collection of data on all rou17 tine or spontaneous investigatory activities; 

18 (2) provide that the data collected shall— 

19 (A) be collected by race, ethnicity, national 

20 origin, gender, and religion, as perceived by the 

21 law enforcement officer; 

22 (B) include the date, time, and location of 

23 such investigatory activities; 


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1 (C) include detail sufficient to permit an 

2 analysis of whether a law enforcement agency is 

3 engaging in racial profiling; and 

4 (D) not include personally identifiable in5 formation; 

6 (3) provide that a standardized form shall be 

7 made available to law enforcement agencies for the 

8 submission of collected data to the Department of 

9 Justice; 

10 (4) provide that law enforcement agencies shall 

11 compile data on the standardized form made avail12 able under paragraph (3), and submit the form to 

13 the Civil Rights Division and the Department of 

14 Justice Bureau of Justice Statistics; 

15 (5) provide that law enforcement agencies shall 

16 maintain all data collected under this Act for not 

17 less than 4 years; 

18 (6) include guidelines for setting comparative 

19 benchmarks, consistent with best practices, against 

20 which collected data shall be measured; 

21 (7) provide that the Department of Justice Bu22 reau of Justice Statistics shall— 

23 (A) analyze the data for any statistically 

24 significant disparities, including— 


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1 (i) disparities in the percentage of 

2 drivers or pedestrians stopped relative to 

3 the proportion of the population passing 

4 through the neighborhood; 

5 (ii) disparities in the hit rate; and 

6 (iii) disparities in the frequency of 

7 searches performed on racial or ethnic mi8 nority drivers and the frequency of 

9 searches performed on non-minority driv10 ers; and 

11 (B) not later than 3 years after the date 

12 of enactment of this Act, and annually there13 after— 

14 (i) prepare a report regarding the 

15 findings of the analysis conducted under 

16 subparagraph (A); 

17 (ii) provide such report to Congress; 

18 and 

19 (iii) make such report available to the 

20 public, including on a website of the De21 partment of Justice; and 

22 (8) protect the privacy of individuals whose 

23 data is collected by— 


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1 (A) limiting the use of the data collected 

2 under this Act to the purposes set forth in this 

3 Act; 

4 (B) except as otherwise provided in this 

5 Act, limiting access to the data collected under 

6 this Act to those Federal, State, local, or tribal 

7 employees or agents who require such access in 

8 order to fulfill the purposes for the data set 

9 forth in this Act; 

10 (C) requiring contractors or other non-gov11 ernmental agents who are permitted access to 

12 the data collected under this Act to sign use 

13 agreements incorporating the use and disclosure 

14 restrictions set forth in subparagraph (A); and 

15 (D) requiring the maintenance of adequate 

16 security measures to prevent unauthorized ac17 cess to the data collected under this Act. 

18 ø(c) Whenever a State government or unit of local 

19 government, or any officer or employee thereof acting in 

20 an official capacity, has engaged or is engaging in any act 

21 or practice prohibited by this section, a civil action may 

22 be instituted after exhaustion of administrative remedies 

23 by the person aggrieved in an appropriate United States 

24 district court or in a State court of general jurisdiction. 

25 Administrative remedies shall be deemed to be exhausted 


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1 upon the expiration of sixty days after the date the admin2 istrative complaint was filed with the Office of Justice 

3 Programs or any other administrative enforcement agen4 cy, unless within such period there has been a determina5 tion by the Office of Justice Programs or the agency on 

6 the merits of the complaint, in which case such remedies 

7 shall be deemed exhausted at the time the determination 

8 becomes final.¿ 

9 ø(d) In any civil action brought by a private person 

10 to enforce compliance with any provision of this sub11 section, the court may grant to a prevailing plaintiff rea12 sonable attorney fees, unless the court determines that the 

13 lawsuit is frivolous, vexatious, brought for harassment 

14 purposes, or brought principally for the purpose of gaining 

15 attorney fees.¿ 

16 ø(e) In any action instituted under this section to en17 force compliance with paragraph (1), the Attorney Gen18 eral, or a specially designated assistant for or in the name 

19 of the United States, may intervene upon timely applica20 tion if he certifies that the action is of general public im21 portance. In such action the United States shall be enti22 tled to the same relief as if it had instituted the action.¿ 

23 SEC. 1011. PUBLICATION OF DATA. 

24 The Department of Justice Bureau of Justice Statis25 tics shall provide to Congress and make available to the 


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1 public, together with each annual report described in sec2 tion 401, the data collected pursuant to this Act, excluding 

3 any personally identifiable information described in section 

4 403. 

5 SEC. 1012. LIMITATIONS ON PUBLICATION OF DATA. 

6 The name or identifying information of a law enforce7 ment officer, complainant, or any other individual involved 

8 in any activity for which data is collected and compiled 

9 under this Act shall not be— 

10 (1) released to the public; 

11 (2) disclosed to any person, except for— 

12 (A) such disclosures as are necessary to 

13 comply with this Act; 

14 (B) disclosures of information regarding a 

15 particular person to that person; or 

16 (C) disclosures pursuant to litigation; or 

17 (3) subject to disclosure under section 552 of 

18 title 5, United States Code (commonly known as the 

19 Freedom of Information Act), except for disclosures 

20 of information regarding a particular person to that 

21 person. 

22 SEC. 1013. ATTORNEY GENERAL TO ISSUE REGULATIONS 

23 AND REPORTS. 

24 (a) REGULATIONS.—In addition to the regulations re25 quired under sections 303 and 401, the Attorney General 


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1 shall issue such other regulations as the Attorney General 

2 determines are necessary to implement this Act. 

3 (b) REPORTS.— 

4 (1) IN GENERAL.—Not later than 2 years after 

5 the date of enactment of this Act, and annually 

6 thereafter, the Attorney General shall submit to 

7 Congress a report on racial profiling by law enforce8 ment agencies. 

9 (2) SCOPE.—Each report submitted under 

10 paragraph (1) shall include— 

11 (A) a summary of data collected under sec12 tions 201(b)(3) and 301(b)(3) and from any 

13 other reliable source of information regarding 

14 racial profiling in the United States; 

15 (B) a discussion of the findings in the 

16 most recent report prepared by the Department 

17 of Justice Bureau of Justice Statistics under 

18 section 401(b)(7); 

19 (C) the status of the adoption and imple20 mentation of policies and procedures by Federal 

21 law enforcement agencies under section 201 

22 and by the State and local law enforcement 

23 agencies under sections 301 and 302; and 

24 (D) a description of any other policies and 

25 procedures that the Attorney General believes 


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1 would facilitate the elimination of racial 

2 profiling. 

3 ø(c) Whenever a State government or unit of local 

4 government, or any officer or employee thereof acting in 

5 an official capacity, has engaged or is engaging in any act 

6 or practice prohibited by this section, a civil action may 

7 be instituted after exhaustion of administrative remedies 

8 by the person aggrieved in an appropriate United States 

9 district court or in a State court of general jurisdiction. 

10 Administrative remedies shall be deemed to be exhausted 

11 upon the expiration of sixty days after the date the admin12 istrative complaint was filed with the Office of Justice 

13 Programs or any other administrative enforcement agen14 cy, unless within such period there has been a determina15 tion by the Office of Justice Programs or the agency on 

16 the merits of the complaint, in which case such remedies 

17 shall be deemed exhausted at the time the determination 

18 becomes final.¿ 

19 ø(d) In any civil action brought by a private person 

20 to enforce compliance with any provision of this sub21 section, the court may grant to a prevailing plaintiff rea22 sonable attorney fees, unless the court determines that the 

23 lawsuit is frivolous, vexatious, brought for harassment 

24 purposes, or brought principally for the purpose of gaining 

25 attorney fees.¿ 


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1 ø(e) In any action instituted under this section to en2 force compliance with paragraph (1), the Attorney Gen3 eral, or a specially designated assistant for or in the name 

4 of the United States, may intervene upon timely applica5 tion if he certifies that the action is of general public im6 portance. In such action the United States shall be enti7 tled to the same relief as if it had instituted the action.¿ 

8 SEC. 1014. SEVERABILITY. 

9 If any provision of this Act, or the application of such 

10 a provision to any person or circumstance, is held to be 

11 unconstitutional, the remainder of this Act and the appli12 cation of the remaining provisions of this Act to any per13 son or circumstance shall not be affected thereby. 

14 SEC. 1015. SAVINGS CLAUSE. 

15 Nothing in this Act shall be construed— 

16 (1) to limit legal or administrative remedies 

17 under section 1979 of the Revised Statutes of the 

18 United States (42 U.S.C. 1983), section 210401 of 

19 the Violent Crime Control and Law Enforcement 

20 Act of 1994 (42 U.S.C. 14141), the Omnibus Crime 

21 Control and Safe Streets Act of 1968 (42 U.S.C. 

22 3701 et seq.), or title VI of the Civil Rights Act of 

23 1964 (42 U.S.C. 2000d et seq.); 


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1 (2) to affect any Federal, State, or tribal law 

2 that applies to an Indian tribe because of the polit3 ical status of the tribe; or 

4 (3) to waive the sovereign immunity of an In5 dian tribe without the consent of the tribe. 

6 SEC. 1016. BODY-WORN CAMERA GRANTS. 

7 Title I of the Omnibus Crime Control and Safe 

8 Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 

9 by adding at the end the following: 

10 ‘‘PART MM—BODY-WORN CAMERA GRANTS 

11 ‘‘SEC. 3031. IN GENERAL. 

12 ‘‘From amounts made available to carry out this part, 

13 the Director of the Bureau of Justice Assistance may 

14 make grants to States, units of local government, and In15 dian tribes for the acquisition, operation, and maintenance 

16 of body-worn cameras for law enforcement officers. In 

17 making such grants, the Director shall assess the program 

18 proposed by the applicant for the elements described in 

19 section 3033. 

20 ‘‘SEC. 3032. USES OF FUNDS. 

21 ‘‘Grants awarded under this section shall be— 

22 ‘‘(1) distributed directly to the State, unit of 

23 local government, or Indian tribe; and 

24 ‘‘(2) used for the program described under sec25 tion 3033. 


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1 ‘‘SEC. 3033. PROGRAM DESCRIBED. 

2 ‘‘The program described in this section is any pro3 gram implemented by a grantee requiring the use of body4 worn cameras by law enforcement officers in that jurisdic5 tion, which— 

6 ‘‘(1) establishes policies and procedures for 

7 when law enforcement officers should wear, activate, 

8 and deactivate body-worn cameras; 

9 ‘‘(2) ensures the protection of the civil liberties 

10 of members of general public relating to the use of 

11 body-worn cameras by law enforcement officers; 

12 ‘‘(3) establishes policies limiting the use of re13 cordings of body-worn cameras to monitor the con14 duct of law enforcement officers outside of their 

15 interactions, in an official capacity, with members of 

16 the general public; 

17 ‘‘(4) establishes or proposes to develop stand18 ards relating to the effective placement, on a law en19 forcement officer’s body, of a body-worn camera; 

20 ‘‘(5) describes the best practices for receiving 

21 an accurate narrative from the recordings of body22 worn cameras; 

23 ‘‘(6) establishes policies for the collection and 

24 storage of the recordings of body-worn cameras; 

25 ‘‘(7) establishes policies relating to the avail26 ability of recordings of body-worn cameras— 


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1 ‘‘(A) to the general public; 

2 ‘‘(B) to victims of crimes; and 

3 ‘‘(C) for internal use by the law enforce4 ment agency; and 

5 ‘‘(8) has in place guidelines and training 

6 courses for law enforcement officers relating to the 

7 proper management and use of body-worn cameras. 

8 ‘‘SEC. 3034. ALLOCATION OF FUNDS. 

9 ‘‘Funds available under this part shall be awarded to 

10 each qualifying unit of local government with fewer than 

11 100,000 residents. Any remaining funds available under 

12 this part shall be awarded to other qualifying applicants 

13 on a pro rata basis. 

14 ‘‘SEC. 3035. MATCHING REQUIREMENTS. 

15 ‘‘(a) FEDERAL SHARE.—The portion of the costs of 

16 a program provided by a grant under subsection (a) may 

17 not exceed 50 percent. Any funds appropriated by Con18 gress for the activities of any agency of an Indian tribal 

19 government or the Bureau of Indian Affairs performing 

20 law enforcement functions on any Indian lands may be 

21 used to provide the non-Federal share of a matching re22 quirement funded under this subsection. 

23 ‘‘(b) NON-FEDERAL SHARE.—The non-Federal share 

24 of payments made under this part may be made in cash 


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1 or in-kind fairly evaluated, including planned equipment 

2 or services.’’. 

3 SEC. 1017. STUDY ON THE COST OF THE PURCHASE AND 

4 USE OF BODY-WORN CAMERAS BY LAW EN5 FORCEMENT AGENCIES. 

6 (a) STUDY.—The Attorney General shall conduct a 

7 study on the cost to State and local law enforcement agen8 cies of purchasing and using body-worn cameras or other 

9 similar cameras, including gun-mounted cameras. 

10 (b) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the Attorney General shall 

12 submit to Congress a report that contains the results of 

13 the study conducted under subsection (a). 

14 SEC. 1018. ESTABLISHMENT OF TASK FORCE ON COMMU15 NITY POLICING AND BODY CAMERA AC16 COUNTABILITY. 

17 There shall be established in the Department of Jus18 tice a task force to do the following: 

19 (1) The task force shall be created to provide 

20 recommendations on community policing, including 

21 best practices for creating accountability and trans22 parency. 

23 (2) Not later than one year after the date of 

24 the enactment of this Act, the task force shall proVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00626 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 vide a report to the Congress, which shall include 

2 the recommendations under paragraph (1). 

3 (3) Membership shall include representatives of 

4 civil rights organizations, Federal, State, and local 

5 law enforcement personnel, and community policing 

6 experts. 

7 (4) The task force shall develop proper body8 worn camera training protocol. 

9 (5) The task force shall study the impact that 

10 citizen review boards could have on investigating 

11 cases of alleged police misconduct. 

12 (6) Not later than 1 year after implementation 

13 of the body camera requirement policy under section 

14 3033 of title I of the Omnibus Crime Control Act of 

15 1968, the task force shall conduct a survey to deter16 mine best practices and effectiveness of the policy 

17 with findings to be reported back to the Congress. 

18 SEC. 1019. GAO REPORT ON PENTAGON’S 1033 PROGRAM. 

19 Not later than 90 days after the date of enactment 

20 of this Act, the Comptroller General of the United States 

21 shall submit to the Congress a report on the Department 

22 of Defense Excess Personal Property Program established 

23 pursuant to section 1033 the National Defense Authoriza24 tion Act for Fiscal Year 1997 (Public Law 104–201), that 

25 includes information on— 


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1 (1) which jurisdictions equipment is sent to; 

2 (2) the value of equipment sent to each jurisdic3 tion; 

4 (3) the level of training provided to officers; 

5 and 

6 (4) how the equipment is used in the jurisdic7 tion. 

8 SEC. 1020. FINDINGS. 

9 Congress finds the following: 

10 (1) Body cameras employed in police actions 

11 have led to increases in public trust and decreases 

12 in police violence. 

13 (2) Employing body cameras in police actions 

14 makes enforcement actions safer for law enforce15 ment officers and members of the general public 

16 alike while restoring trust and accountability in the 

17 process. 

18 SEC. 1021. USE OF BODY CAMERAS BY CERTAIN ICE OFFI19 CERS. 

20 (a) IN GENERAL.—Not later than 18 months after 

21 the date of the enactment of this Act, the Director of U.S. 

22 Immigration and Customs Enforcement (ICE) shall en23 sure that all deportation officers of Enforcement and Re24 moval Operations of ICE wear body cameras when such 


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1 officers are engaged in field operations or removal pro2 ceedings. 

3 (b) IMPLEMENTATION.—To carry out subsection (a), 

4 the Director of ICE shall, not later than 12 months after 

5 the date of the enactment of this Act— 

6 (1) establish policies and procedures for when 

7 deportation officers of Enforcement and Removal 

8 Operations of ICE should wear, activate, and deacti9 vate body cameras; 

10 (2) develop standards for the effective place11 ment of such cameras; 

12 (3) publish and implement best practices for re13 ceiving and storing accurate recordings from such 

14 cameras; 

15 (4) establish guidelines and training for such 

16 officers on the proper management and use of such 

17 cameras; and 

18 (5) establish policies for the availability of such 

19 recordings to the subjects of removal proceedings, 

20 victims of crime, internal use by law enforcement of21 ficials, and the general public. 

22 SEC. 1022. RECORDINGS TO BE PROVIDED TO CERTAIN 

23 PERSONS. 

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1 vided, in the case of any administrative proceeding (in2 cluding a removal proceeding), civil action, or criminal 

3 prosecution to which such recording pertains, to each 

4 party to the proceeding, action, or prosecution. 

5 SEC. 1023. WITHHOLDING OF CERTAIN FUNDS. 

6 Any funds necessary to purchase, store, use, or main7 tain body cameras described in this Act shall be derived 

8 from funds made available to purchase new weapons for 

9 ICE officials. 

10 SEC. 1024. ACCREDITATION OF LAW ENFORCEMENT AGEN11 CIES. 

12 (a) STANDARDS.— 

13 (1) INITIAL ANALYSIS.—The Attorney General 

14 shall perform an initial analysis of existing accredi15 tation standards and methodology developed by law 

16 enforcement accreditation organizations nationwide, 

17 including national, State, regional, and tribal accred18 itation organizations. 

19 (2) IN GENERAL.—The Attorney General shall 

20 recommend additional areas for the development of 

21 national standards for the accreditation of law en22 forcement agencies in consultation with existing law 

23 enforcement accreditation organizations, professional 

24 law enforcement associations, labor organizations, 


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1 community-based organizations, and professional ci2 vilian oversight organizations. 

3 (3) DEVELOPMENT OF UNIFORM STANDARDS.— 

4 After completion of the initial review and analysis 

5 under paragraph (2), the Attorney General shall rec6 ommend, in consultation with such organizations, 

7 the adoption of additional standards that will result 

8 in greater community accountability of law enforce9 ment agencies and an increased focus on policing 

10 with a guardian mentality, including standards relat11 ing to early warning systems and related interven12 tion programs, use of force procedures, civilian re13 view procedures, traffic and pedestrian stop and 

14 search procedures, data collection and transparency, 

15 administrative due process requirements, video moni16 toring technology, juvenile justice and school safety, 

17 and training. 

18 (4) CONTINUING ACCREDITATION PROCESS.— 

19 The Attorney General shall adopt policies and proce20 dures to partner with law enforcement accreditation 

21 organizations, professional law enforcement associa22 tions, labor organizations, community-based organi23 zations, and professional civilian oversight organiza24 tions to continue the development of further accredi25 tation standards consistent with paragraph (2) and 


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1 to encourage the pursuit of accreditation of Federal, 

2 State, local, and tribal law enforcement agencies by 

3 certified law enforcement accreditation organiza4 tions. 

5 (b) ACCREDITATION GRANTS.—The Attorney Gen6 eral may make funds available to State, local, tribal law 

7 enforcement agencies, and campus public safety depart8 ments under this title to assist in gaining or maintaining 

9 accreditation from certified law enforcement accreditation 

10 organizations. 

11 SEC. 1025. DEFINITIONS. 

12 In this title: 

13 (1) The term ‘‘law enforcement accreditation 

14 organization’’ means a professional law enforcement 

15 organization involved in the development of stand16 ards of accreditation for law enforcement agencies at 

17 the national, State, regional, or tribal level (such as 

18 the Commission on Accreditation for Law Enforce19 ment Agencies (CALEA)). 

20 (2) The term ‘‘law enforcement agency’’ means 

21 a State, local, Indian tribal, or campus public agency 

22 engaged in the prevention, detection, or investiga23 tion, prosecution, or adjudication of violations of 

24 criminal laws. 


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1 (3) The term ‘‘community-based organization’’ 

2 means a grassroots organization that monitors the 

3 issue of police misconduct and that has a national 

4 presence and membership (such as the National As5 sociation for the Advancement of Colored People 

6 (NAACP), the American Civil Liberties Union 

7 (ACLU), the National Council of La Raza, the Na8 tional Urban League, the National Congress of 

9 American Indians, and the National Asian Pacific 

10 American Legal Consortium (NAPALC)). 

11 (4) The term ‘‘professional law enforcement as12 sociation’’ means a law enforcement membership as13 sociation that works for the needs of Federal, State, 

14 local, or Indian tribal law enforcement groups and 

15 with the civilian community on matters of common 

16 interest (such as the Hispanic American Police Com17 mand Officers Association (HAPCOA), National 

18 Asian Pacific Officers Association (NAPOA), Na19 tional Black Police Association (NBPA), National 

20 Latino Peace Officers Association (NLPOA), Na21 tional Organization of Black Law Enforcement Ex22 ecutives (NOBLE), Women in Law Enforcement, 

23 Native American Law Enforcement Association 

24 (NALEA), International Association of Chiefs of Po25 lice (IACP), National Sheriffs’ Association (NSA), 


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1 Fraternal Order of Police (FOP), and National As2 sociation of School Resource Officers). 

3 (5) The term ‘‘professional civilian oversight or4 ganization’’ means a membership organization 

5 formed to address and advance the cause of civilian 

6 oversight of law enforcement and whose members 

7 are from Federal, State, regional, local, or tribal or8 ganizations that review issues or complaints against 

9 law enforcement entities or individuals (such as the 

10 National Association for Civilian Oversight of Law 

11 Enforcement (NACOLE)). 

12 SEC. 1026. LAW ENFORCEMENT GRANTS. 

13 (a) GRANT AUTHORIZATION.—The Attorney General 

14 may make grants to States, units of local government, In15 dian tribal governments, or other public and private enti16 ties, or to any multijurisdictional or regional consortia of 

17 such entities, to study and implement effective manage18 ment, training, recruiting, hiring, and oversight standards 

19 and programs to promote effective community and prob20 lem solving strategies for law enforcement agencies. 

21 (b) PROJECT GRANTS TO STUDY LAW ENFORCE22 MENT AGENCY MANAGEMENT.—Grants made under sub23 section (a) shall be used for the study of management and 

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1 dency requirements, compensation and benefits, use of 

2 force, racial profiling, early warning systems, juvenile jus3 tice, school safety, civilian review boards or analogous pro4 cedures, or research into the effectiveness of existing pro5 grams, projects, or other activities designed to address 

6 misconduct by law enforcement officers. 

7 (c) PROJECT GRANTS TO DEVELOP PILOT PRO8 GRAMS.—Grants made under subsection (a) shall also be 

9 used to develop pilot programs and implement effective 

10 standards and programs in the areas of training, hiring 

11 and recruitment, and oversight that are designed to im12 prove management and address misconduct by law en13 forcement officers. These programs shall include the fol14 lowing characteristics: 

15 (1) TRAINING.—Law enforcement policies, 

16 practices, and procedures addressing training and 

17 instruction to comply with accreditation standards in 

18 the areas of— 

19 (A) the use of lethal, nonlethal force, and 

20 de-escalation; 

21 (B) investigation of misconduct and prac22 tices and procedures for referral to prosecuting 

23 authorities use of deadly force or racial 

24 profiling; 


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1 (C) disproportionate minority contact by 

2 law enforcement; 

3 (D) tactical and defensive strategy; 

4 (E) arrests, searches, and restraint; 

5 (F) professional verbal communications 

6 with civilians; 

7 (G) interactions with youth, the mentally 

8 ill, and limited English proficiency, multi-cul9 tural communities; 

10 (H) proper traffic, pedestrian, and other 

11 enforcement stops; and 

12 (I) community relations and bias aware13 ness. 

14 (2) RECRUITMENT, HIRING, RETENTION, AND

15 PROMOTION OF DIVERSE LAW ENFORCEMENT OFFI16 CERS.—Policies, procedures, and practices for— 

17 (A) the hiring and recruitment of diverse 

18 law enforcement officers representative of the 

19 communities they serve; 

20 (B) the development of selection, pro21 motion, educational, background, and psycho22 logical standards that comport with title VII of 

23 the Civil Rights Act (42 U.S.C. 2000e et seq.); 

24 and 


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1 (C) initiatives to encourage residency in 

2 the jurisdiction served by the law enforcement 

3 agency and continuing education. 

4 (3) OVERSIGHT.—Complaint procedures, in5 cluding the establishment of civilian review boards or 

6 analogous procedures for jurisdictions across a range 

7 of sizes and agency configurations, complaint proce8 dures by community-based organizations, early 

9 warning systems and related intervention programs, 

10 video monitoring technology, data collection and 

11 transparency, and administrative due process re12 quirements inherent to complaint procedures for 

13 members of the public and law enforcement. 

14 (4) JUVENILE JUSTICE AND SCHOOL SAFETY.— 

15 The development of uniform standards on juvenile 

16 justice and school safety, including standards relat17 ing to interaction and communication with juveniles, 

18 physical contact, use of lethal and nonlethal force, 

19 notification of a parent or guardian, interviews and 

20 questioning, custodial interrogation, audio and video 

21 recording, conditions of custody, alternatives to ar22 rest, referral to child protection agencies, and re23 moval from school grounds or campus. 

24 (5) VICTIM SERVICES.—Counseling services, in25 cluding psychological counseling, for individuals and 


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1 communities impacted by law enforcement mis2 conduct. 

3 (d) AMOUNTS.—Of the amounts appropriated for the 

4 purposes of this title— 

5 (1) 4 percent shall be available for grants to In6 dian tribal governments; 

7 (2) 20 percent shall be available for grants to 

8 community-based organizations; 

9 (3) 10 percent shall be available for grants to 

10 professional law enforcement associations; and 

11 (4) the remaining funds shall be available for 

12 grants to applicants in each State in an amount that 

13 bears the same ratio to the amount of remaining 

14 funds as the population of the State bears to the 

15 population of all of the States. 

16 (e) TECHNICAL ASSISTANCE.— 

17 (1) The Attorney General may provide technical 

18 assistance to States, units of local government, In19 dian tribal governments, and to other public and pri20 vate entities, in furtherance of the purposes of this 

21 section. 

22 (2) The technical assistance provided by the At23 torney General may include the development of mod24 els for State, local, and Indian tribal governments, 

25 and other public and private entities, to reduce law 


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1 enforcement misconduct. Any development of such 

2 models shall be in consultation with community3 based organizations. 

4 (f) USE OF COMPONENTS.—The Attorney General 

5 may use any component or components of the Department 

6 of Justice in carrying out this title. 

7 (g) MATCHING FUNDS.— 

8 (1) IN GENERAL.—Except in the case of an In9 dian tribal government or nonprofit community10 based organization, the portion of the costs of a pro11 gram, project, or activity provided by a grant under 

12 subsection (a) may not exceed 75 percent. 

13 (2) WAIVERS.—The Attorney General may 

14 waive, wholly or in part, the requirement under 

15 paragraph (1) of a non-Federal contribution to the 

16 costs of a program, project, or activity. 

17 (h) APPLICATIONS.— 

18 (1) APPLICATION.—An application for a grant 

19 under this title shall be submitted in such form, and 

20 contain such information, as the Attorney General 

21 may prescribe by guidelines. 

22 (2) PRIORITY.—For law enforcement agency 

23 applications, priority shall be given to applicants 

24 seeking or having been awarded accreditation from 


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1 national law enforcement accreditation organizations 

2 as defined in section 102. 

3 (3) APPROVAL.—A grant may not be made 

4 under this title unless an application has been sub5 mitted to, and approved by, the Attorney General. 

6 (i) PERFORMANCE EVALUATION.— 

7 (1) MONITORING COMPONENTS.—Each pro8 gram, project, or activity funded under this title 

9 shall contain a monitoring component, which shall be 

10 developed pursuant to guidelines established by the 

11 Attorney General. Such monitoring component shall 

12 include systematic identification and collection of 

13 data about activities, accomplishments, and pro14 grams throughout the life of the program, project, or 

15 activity and presentation of such data in a usable 

16 form. 

17 (2) EVALUATION COMPONENTS.—Selected grant 

18 recipients shall be evaluated on the local level or as 

19 part of a national evaluation, pursuant to guidelines 

20 established by the Attorney General. Such evalua21 tions may include independent audits of police be22 havior and other assessments of individual program 

23 implementations. In selected jurisdictions that are 

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1 ness of funded programs, projects, and activities 

2 may be required. 

3 (3) PERIODIC REVIEW AND REPORTS.—The At4 torney General may require a grant recipient to sub5 mit biannually to the Attorney General the results of 

6 the monitoring and evaluations required under para7 graphs (1) and (2) and such other data and infor8 mation as the Attorney General deems reasonably 

9 necessary. 

10 (j) REVOCATION OR SUSPENSION OF FUNDING.—If 

11 the Attorney General determines, as a result of monitoring 

12 under subsection (i) or otherwise, that a grant recipient 

13 under this title is not in substantial compliance with the 

14 terms and requirements of the approved grant application 

15 submitted under subsection (h), the Attorney General may 

16 revoke or suspend funding of that grant, in whole or in 

17 part. 

18 (k) DEFINITIONS.—In this title: 

19 (1) The terms ‘‘law enforcement accreditation 

20 organization’’, ‘‘law enforcement agency’’, ‘‘commu21 nity-based organization’’, and ‘‘professional law en22 forcement association’’ have the meaning given such 

23 terms in section 102 of this Act. 

24 (2) The term ‘‘private entity’’ means a private 

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1 tection, or investigation of violations of criminal laws 

2 and/or organizational policy (such as privately oper3 ated campus public safety units or department store 

4 security). 

5 (3) The term ‘‘civilian review board’’ means an 

6 administrative entity that— 

7 (A) is independent and adequately funded; 

8 (B) has investigatory authority and staff 

9 subpoena power; 

10 (C) has representative community diver11 sity; 

12 (D) has policymaking authority; 

13 (E) provides advocates for civilian com14 plainants; 

15 (F) has mandatory police power to conduct 

16 hearings; and 

17 (G) conducts statistical studies on pre18 vailing complaint trends. 

19 SEC. 1027. ATTORNEY GENERAL TO CONDUCT STUDY. 

20 (a) STUDY.— 

21 (1) IN GENERAL.—The Attorney General shall 

22 conduct a nationwide study of the prevalence and ef23 fect of any law, rule, or procedure that allows a law 

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1 view board on the investigative integrity and pros2 ecution of law enforcement misconduct, including 

3 preinterview warnings and termination policies. 

4 (2) INITIAL ANALYSIS.—The Attorney General 

5 shall perform an initial analysis of existing State 

6 statutes to determine whether, at a threshold level, 

7 the effect of this type of rule or procedure raises 

8 material investigatory issues that could impair or 

9 hinder a prompt and thorough investigation of pos10 sible misconduct, including criminal conduct, that 

11 would justify a wider inquiry. 

12 (3) DATA COLLECTION.—After completion of 

13 the initial analysis under paragraph (2), and consid14 ering material investigatory issues, the Attorney 

15 General shall gather additional data nationwide on 

16 similar rules from a representative and statistically 

17 significant sample of jurisdictions, to determine 

18 whether such rules and procedures raise such mate19 rial investigatory issues. 

20 (b) REPORTING.— 

21 (1) INITIAL ANALYSIS.—Not later than 120 

22 days after the date of the enactment of this title, the 

23 Attorney General shall submit to Congress a report 

24 containing the results of its initial analysis, make 


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1 such report available to the public, and identify the 

2 jurisdictions for which the study is to be conducted. 

3 (2) DATA COLLECTED.—Not later than 2 years 

4 after the date of the enactment of this title, the At5 torney General shall submit to Congress a report 

6 containing the results of the data collected under 

7 this title and cause a copy of such report to be pub8 lished in the Federal Register. 

9 SEC. 1028. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated for fiscal 

11 year 2016, in addition to any other sums authorized to 

12 be appropriated for this purpose, $5,000,000 for addi13 tional expenses related to the enforcement of section 

14 210401 of the Violent Crime Control and Law Enforce15 ment Act of 1994 (42 U.S.C. 14141), criminal enforce16 ment (18 U.S.C. 241 and 242), and administrative en17 forcement by the Department of Justice, and $3,300,000 

18 for additional expenses related to conflict resolution by the 

19 Department of Justice’s Community Relations Service. 

20 SEC. 1029. NATIONAL TASK FORCE ON LAW ENFORCEMENT 

21 OVERSIGHT. 

22 (a) ESTABLISHMENT.—There is established within 

23 the Department of Justice a task force to be known as 

24 the Task Force on Law Enforcement Oversight (herein25 after in this title referred to as the ‘‘Task Force’’). 


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1 (b) COMPOSITION.—The Task Force shall be com2 posed of individuals appointed by the Attorney General, 

3 who shall appoint at least 1 individual from each of the 

4 following: 

5 (1) the Special Litigation Section of the Civil 

6 Rights Division; 

7 (2) the Criminal Section of the Civil Rights Di8 vision; 

9 (3) the Federal Coordination and Compliance 

10 Section of the Civil Rights Division; 

11 (4) the Employment Litigation Section of the 

12 Civil Rights Division; 

13 (5) the Disability Rights Section of the Civil 

14 Rights Division; 

15 (6) the Office of Justice Programs; 

16 (7) the Office of Community Oriented Policing 

17 Services (COPS); 

18 (8) the Corruption/Civil Rights Section of the 

19 Federal Bureau of Investigation; 

20 (9) the Community Relations Service; 

21 (10) Office of Tribal Justice; and 

22 (11) the unit within the Department of Justice 

23 assigned as a liaison for civilian review boards. 

24 (c) POWERS AND DUTIES.—The Task Force shall 

25 consult with professional law enforcement associations (as 


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1 defined in section 102), labor organizations, and commu2 nity-based organizations (as defined in section 102) to co3 ordinate the process of the detection and referral of com4 plaints regarding incidents of alleged law enforcement 

5 misconduct. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated $5,000,000 for each fiscal 

8 year to carry out this section. 

9 SEC. 1030. FEDERAL DATA COLLECTION ON LAW ENFORCE10 MENT PRACTICES. 

11 (a) AGENCIES TO REPORT.—Each Federal and State 

12 and local law enforcement agency shall report data of the 

13 practices of that agency to the Attorney General. 

14 (b) BREAKDOWN OF INFORMATION BY RACE, ETH15 NICITY, AND GENDER.—For each practice enumerated in 

16 subsection (c), the reporting law enforcement agency shall 

17 provide a breakdown of the numbers of incidents of that 

18 practice by race, ethnicity, age, and gender of the officers 

19 and employees of the agency and of members of the public 

20 involved in the practice. 

21 (c) PRACTICES TO BE REPORTED ON.—The prac22 tices to be reported on are the following: 

23 (1) Traffic violation stops. 

24 (2) Pedestrian stops. 

25 (3) Frisk and body searches. 


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1 (4) Instances where officers or employees of the 

2 law enforcement agency used deadly force, includ3 ing— 

4 (A) a description of when and where dead5 ly force was used, and whether it resulted in 

6 death; 

7 (B) a description of deadly force directed 

8 against an officer or employee and whether it 

9 resulted in injury or death; and 

10 (C) the law enforcement agency’s justifica11 tion for use of deadly force, if the agency deter12 mines it was justified. 

13 (d) RETENTION OF DATA.—Each law enforcement 

14 agency required to report data under this section shall 

15 maintain records relating to any matter so reportable for 

16 not less than 4 years after those records are created. 

17 (e) PENALTY FOR STATES FAILING TO REPORT AS

18 REQUIRED.— 

19 (1) IN GENERAL.—For any fiscal year, a State 

20 shall not receive any amount that would otherwise 

21 be allocated to that State under section 505(a) of 

22 the Omnibus Crime Control and Safe Streets Act of 

23 1968 (42 U.S.C. 3755(a)), or any amount from any 

24 other law enforcement assistance program of the De25 partment of Justice, unless the State has ensured, 


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1 to the satisfaction of the Attorney General, that 

2 each State and local law enforcement agency is in 

3 substantial compliance with the requirements of this 

4 section. 

5 (2) REALLOCATION.—Amounts not allocated by 

6 reason of this subsection shall be reallocated to 

7 States not disqualified by failure to comply with this 

8 section. 

9 (f) REGULATIONS.—The Attorney General shall pre10 scribe regulations to carry out this section. 

11 SEC. 1031. MEDALLIONS FOR FALLEN LAW ENFORCEMENT 

12 OFFICERS. 

13 (a) IN GENERAL.—The Attorney General, in con14 sultation with the National Law Enforcement Officers Me15 morial Fund, shall create and provide a distinctive medal16 lion to be issued to the survivors of law enforcement offi17 cers— 

18 (1) killed in the line of duty; and 

19 (2) memorialized on the wall of the National 

20 Law Enforcement Officers Memorial. 

21 (b) DISTRIBUTION OF MEDALLIONS.—The Attorney 

22 General shall make arrangements with the National Law 

23 Enforcement Officers Memorial Fund to distribute the 

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1 ment officer memorialized on the wall of the National Law 

2 Enforcement Officers Memorial. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to carry out this section 

5 such sums as may be necessary. 

6 SEC. 1032. TRAINING ON DE-ESCALATION FOR LAW EN7 FORCEMENT. 

8 (a) TRAINING REQUIREMENT.—For each fiscal year 

9 after the expiration of the period specified in subsection 

10 (d) in which a State or unit of local government receives 

11 a grant under part E of title I of the Omnibus Crime Con12 trol and Safe Streets Act of 1968 (42 U.S.C. 3750 et 

13 seq.), the State or unit of local government shall require 

14 that all individuals enrolled in an academy of a law en15 forcement agency of the State or unit of local government 

16 and all law enforcement officers of the State or unit of 

17 local government fulfill a training session on de-escalation 

18 techniques each fiscal year, including— 

19 (1) the use of alternative non-lethal methods of 

20 applying force and techniques that prevent the offi21 cer from escalating any situation where force is like22 ly to be used; 

23 (2) verbal and physical tactics to minimize the 

24 need for the use of force, with an emphasis on com25 munication, negotiation, de-escalation techniques, 


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1 providing the time needed to resolve the incident 

2 safely for everyone; 

3 (3) the use of the lowest level of force that is 

4 a possible and safe response to an identified threat, 

5 then re-evaluating the threat as it progresses; 

6 (4) techniques that provide all officers with 

7 awareness and recognition of mental health and sub8 stance abuse issues with an emphasis on commu9 nication strategies, training officers simultaneously 

10 in teams on de-escalation and use of force to im11 prove group dynamics and diminish excessive use of 

12 force during critical incidents; 

13 (5) principles of using distance, cover, and time 

14 when approaching and managing critical incidents, 

15 and elimination of the use of concepts like the ‘‘21- 

16 foot rule’’ and ‘‘drawing a line in the sand’’ in favor 

17 of using distance and cover to create a ‘‘reaction 

18 gap’’; 

19 (6) crisis intervention strategies to appro20 priately identify and respond to individuals suffering 

21 from mental health or substance abuse issues, with 

22 an emphasis on de-escalation tactics and promoting 

23 effective communication; and 

24 (7) other evidence-based approaches, found to 

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1 hance de-escalation skills and tactics, such as the 

2 Critical Decision-Making Model and scenario-based 

3 trainings. 

4 In the case of individuals attending an academy, such 

5 training session shall be for such an appropriate amount 

6 of time as to ensure academy participants receive effective 

7 training under this subsection and in the case of all other 

8 law enforcement officers, the training session shall be for 

9 an appropriate amount of time as to ensure officers receive 

10 effective training under this subsection. The State or unit 

11 of local government shall certify to the Attorney General 

12 of the United States that such training sessions have been 

13 completed. 

14 (b) SCENARIO-BASED TRAINING.—Training de15 scribed in subsection (a) shall be conducted with an em16 phasis on training that employs theories of de-escalation 

17 techniques and applies them to practical on-the-job sce18 narios that regularly face law enforcement officers. 

19 (c) CROSS-TRAINING.—To the extent practicable, 

20 principles of training as described in subsection (a) shall 

21 be applied to other training conducted at the academy. 

22 (d) COMPLIANCE AND INELIGIBILITY.— 

23 (1) COMPLIANCE DATE.—Beginning not later 

24 than 1 year after the date of this Act, each State 

25 or unit of local government receiving a grant shall 


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1 comply with subsection (a), except that the Attorney 

2 General may grant an additional 6 months to a 

3 State or unit of local government that is making 

4 good faith efforts to comply with such subsection. 

5 (2) INELIGIBILITY FOR FUNDS.—For any fiscal 

6 year after the expiration of the period specified in 

7 paragraph (1), a State or unit of local government 

8 that fails to comply with subsection (a), shall, at the 

9 discretion of the Attorney General, be subject to not 

10 more than a 20-percent reduction of the funds that 

11 would otherwise be allocated for that fiscal year to 

12 the State or unit of local government under subpart 

13 1 of part E of title I of the Omnibus Crime Control 

14 and Safe Streets Act of 1968 (42 U.S.C. 3750 et 

15 seq.), whether characterized as the Edward Byrne 

16 Memorial State and Local Law Enforcement Assist17 ance Programs, the Local Government Law Enforce18 ment Block Grants Program, the Edward Byrne Me19 morial Justice Assistance Grant Program, or other20 wise. 

21 (e) REALLOCATION.—Amounts not allocated under a 

22 program referred to in subsection (b)(2) to a State or unit 

23 of local government for failure to fully comply with sub24 section (a) shall be reallocated under that program to 


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1 States and units of local government that have not failed 

2 to comply with such subsection. 

3 (f) EVIDENCE-BASED PRACTICES.—For purposes of 

4 subsection (a)(4), the Attorney General shall maintain a 

5 list of evidence-based practices it determines is successful 

6 in enhancing de-escalation skills of law enforcement offi7 cers. The Attorney General shall regularly update this list 

8 as needed and shall publish the list to the public on a year9 ly basis. 

10 SEC. 1033. DATA COLLECTION. 

11 The Attorney General shall collect data on efforts un12 dertaken by Federal fund recipients to enhance de-esca13 lation training for law enforcement officers. 

14 SEC. 1034. AFFIRMATIVE DUTY TO USE DE-ESCALATION 

15 TACTICS WHEN AVAILABLE. 

16 (a) IN GENERAL.—In the case of a State or unit of 

17 local government that received a grant award under sub18 part 1 of part E of title I of the Omnibus Crime Control 

19 and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), 

20 if that State or unit of local government fails by the end 

21 of a fiscal year to enact or have in effect laws, policies, 

22 or procedures that sets forth an affirmative duty on a law 

23 enforcement officer of that State or unit of local govern24 ment, whenever possible, to employ de-escalation tech25 niques in which the officer has received training required 


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1 under section 2(a), the Attorney General shall reduce the 

2 amount that would otherwise be awarded to that State or 

3 unit of local government under such grant program in the 

4 following fiscal year by 15 percent. 

5 (b) REALLOCATION.—Amounts not allocated under a 

6 program referred to in subsection (a) to a State or unit 

7 of local government for failure to be in compliance with 

8 this section shall be reallocated under that program to 

9 States and units of local government that are in compli10 ance with this section. 

11 SEC. 1035. ATTORNEY GENERAL GUIDANCE. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Attorney General shall issue guidance, for 

14 the benefit of States and units of local government, on 

15 compliance with the requirements of this Act. 

16 SEC. 1036. IN GENERAL. 

17 (a) TRAINING REQUIREMENT.—For each fiscal year 

18 after the expiration of the period specified in subsection 

19 (b) in which a State receives funds for a program referred 

20 to in subsection (c)(2), the State shall require that all indi21 viduals enrolled in an academy of a law enforcement agen22 cy of the State and all law enforcement officers of the 

23 State fulfill a training session on sensitivity each fiscal 

24 year, including training on ethnic and racial bias, cultural 

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1 tally ill, and new immigrants. In the case of individuals 

2 attending an academy, such training session shall be for 

3 8 hours, and in the case of all other law enforcement offi4 cers, the training session shall be for 4 hours. 

5 (b) COMPLIANCE AND INELIGIBILITY.— 

6 (1) COMPLIANCE DATE.—Each State shall have 

7 not more than 120 days, beginning on the date of 

8 enactment of this Act, to comply with subsection (a), 

9 except that— 

10 (A) the Attorney General may grant an ad11 ditional 120 days to a State that is making 

12 good faith efforts to comply with such sub13 section; and 

14 (B) the Attorney General shall waive the 

15 requirements of subsection (a) if compliance 

16 with such subsection by a State would be un17 constitutional under the constitution of such 

18 State. 

19 (2) INELIGIBILITY FOR FUNDS.—For any fiscal 

20 year after the expiration of the period specified in 

21 paragraph (1), a State that fails to comply with sub22 section (a), shall, at the discretion of the Attorney 

23 General, be subject to not more than a 20-percent 

24 reduction of the funds that would otherwise be allo25 cated for that fiscal year to the State under subpart 


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1 1 of part E of title I of the Omnibus Crime Control 

2 and Safe Streets Act of 1968 (42 U.S.C. 3750 et 

3 seq.), whether characterized as the Edward Byrne 

4 Memorial State and Local Law Enforcement Assist5 ance Programs, the Local Government Law Enforce6 ment Block Grants Program, the Edward Byrne Me7 morial Justice Assistance Grant Program, or other8 wise. 

9 (c) REALLOCATION.—Amounts not allocated under a 

10 program referred to in subsection (b)(2) to a State for 

11 failure to fully comply with subsection (a) shall be reallo12 cated under that program to States that have not failed 

13 to comply with such subsection. 

14 SEC. 1037. FINDINGS. 

15 Congress finds the following: 

16 (1) According to the Equal Employment Oppor17 tunity Commission (EEOC) and the Census Bureau, 

18 which together provide detail on the racial composi19 tion of government workers in large American cities, 

20 in about two-thirds of the United States cities with 

21 the largest police forces, the majority of police offi22 cers commute to work from outside the city in which 

23 they work. 

24 (2) When officers live in the cities in which they 

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1 ees in their journey to work, foster more employee 

2 concern in the affairs of their city, ensure manpower 

3 will be available in case of emergencies, generate ad4 ditional tax revenue for the city, and cut down on 

5 absenteeism and tardiness. 

6 (3) According to the President’s Task Force on 

7 21st Century Policing, recommendation 1.8 reads 

8 ‘‘law enforcement agencies should strive to create a 

9 workforce that contains a broad range of diversity 

10 including race, gender, language, life experience, and 

11 cultural background to improve understanding and 

12 effectiveness in dealing with all communities.’’. 

13 (4) Additionally, the Fairness and Effectiveness 

14 in Policing: The Evidence states ‘‘A critical factor in 

15 managing bias is seeking candidates who are likely 

16 to police in an unbiased manner. Since people are 

17 less likely to have biases against groups with which 

18 they have had positive experiences, police depart19 ments should seek candidates who have had positive 

20 interactions with people of various cultures and 

21 backgrounds.’’. 


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1 SEC. 1038. USE OF COPS GRANT FUNDS TO HIRE LAW EN2 FORCEMENT OFFICERS WHO ARE RESIDENTS 

3 OF THE COMMUNITIES THEY SERVE. 

4 Section 1701(b) of the Omnibus Crime Control and 

5 Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amend6 ed— 

7 (1) in paragraph (17), by striking ‘‘and’’ at the 

8 end; 

9 (2) by redesignating paragraph (18) as para10 graph (20); 

11 (3) in paragraph (20), as so redesignated, by 

12 striking ‘‘(17)’’ and inserting ‘‘(19)’’; and 

13 (4) by inserting after paragraph (17) the fol14 lowing: 

15 ‘‘(18) to recruit, hire, promote, retain, develop, 

16 and train new, additional career law enforcement of17 ficers who are residents of the communities they 

18 serve; 

19 ‘‘(19) to develop and publicly report strategies 

20 and timelines to recruit, hire, promote, retain, de21 velop, and train a diverse and inclusive law enforce22 ment workforce, consistent with merit system prin23 ciples and applicable law; and’’. 

24 SEC. 1039. DEFINITIONS. 

25 In this Act: 


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1 (1) BYRNE GRANT PROGRAM.—The term 

2 ‘‘Byrne grant program’’ means any grant program 

3 under subpart 1 of part E of title I of the Omnibus 

4 Crime Control and Safe Streets Act of 1968 (42 

5 U.S.C. 3750 et seq.), without regard to whether the 

6 funds are characterized as being made available 

7 under the Edward Byrne Memorial State and Local 

8 Law Enforcement Assistance Programs, the Local 

9 Government Law Enforcement Block Grants Pro10 gram, the Edward Byrne Memorial Justice Assist11 ance Grant Program, or otherwise. 

12 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

13 has the meaning given the term in section 901 of 

14 title I of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (42 U.S.C. 3791). 

16 (3) LAW ENFORCEMENT OFFICER.—The term 

17 ‘‘law enforcement officer’’ means any officer, agent, 

18 or employee of a State, unit of local government, or 

19 Indian tribe authorized by law or by a government 

20 agency to engage in or supervise the prevention, de21 tection, or investigation of any violation of criminal 

22 law. 

23 (4) STATE.—The term ‘‘State’’ has the mean24 ing given the term in section 901 of title I of the 


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1 Omnibus Crime Control and Safe Streets Act of 

2 1968 (42 U.S.C. 3791). 

3 (5) USE OF FORCE.—The term ‘‘use of force’’ 

4 includes the use of a firearm, Taser, explosive de5 vice, chemical agent (such as pepper spray), baton, 

6 impact projectile, blunt instrument, hand, fist, foot, 

7 canine, or vehicle against an individual. 

8 SEC. 1040. USE OF FORCE REPORTING. 

9 (a) REPORTING REQUIREMENTS.— 

10 (1) IN GENERAL.—Beginning in the first fiscal 

11 year beginning after the date of enactment of this 

12 Act and each fiscal year thereafter in which a State 

13 or Indian tribe receives funds under a Byrne grant 

14 program, the State or Indian tribe shall— 

15 (A) report to the Attorney General, on a 

16 quarterly basis and pursuant to guidelines es17 tablished by the Attorney General, information 

18 regarding— 

19 (i) any incident involving the shooting 

20 of a civilian by a law enforcement officer 

21 who is employed— 

22 (I) in the case of an Indian tribe, 

23 by the Indian tribe; or 


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1 (II) in the case of a State, by the 

2 State or by a unit of local government 

3 in the State; 

4 (ii) any incident involving the shooting 

5 of a law enforcement officer described in 

6 clause (i) by a civilian; and 

7 (iii) any incident in which use of force 

8 by or against a law enforcement officer de9 scribed in clause (i) occurs, which is not 

10 reported under clause (i) or (ii); 

11 (B) establish a system and a set of policies 

12 to ensure that all use of force incidents are re13 ported by law enforcement officers; and 

14 (C) submit to the Attorney General a plan 

15 for the collection of data required to be re16 ported under this section, including any modi17 fications to a previously submitted data collec18 tion plan. 

19 (2) REPORT INFORMATION REQUIRED.— 

20 (A) IN GENERAL.—The report required 

21 under paragraph (1)(A) shall contain informa22 tion that includes, at a minimum— 

23 (i) the national origin, sex, race, eth24 nicity, age, physical disability, mental dis25 ability, English language proficiency, housVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00661 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 ing status, and school status of each civil2 ian against whom a law enforcement offi3 cer used force; 

4 (ii) the date, time, and location, in5 cluding zip code, of the incident and 

6 whether the jurisdiction in which the inci7 dent occurred allows for the open-carry or 

8 concealed-carry of a firearm; 

9 (iii) whether the civilian was armed, 

10 and, if so, the type of weapon the civilian 

11 had; 

12 (iv) the type of force used against the 

13 officer, the civilian, or both, including the 

14 types of weapons used; 

15 (v) the reason force was used; 

16 (vi) a description of any injuries sus17 tained as a result of the incident; 

18 (vii) the number of officers involved in 

19 the incident; 

20 (viii) the number of civilians involved 

21 in the incident; and 

22 (ix) a brief description regarding the 

23 circumstances surrounding the incident, 

24 which shall include information on— 


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1 (I) the type of force used by all 

2 involved persons; 

3 (II) the legitimate police objective 

4 necessitating the use of force; 

5 (III) the resistance encountered 

6 by each law enforcement officer in7 volved in the incident; 

8 (IV) the efforts by law enforce9 ment officers to— 

10 (aa) de-escalate the situation 

11 in order to avoid the use of force; 

12 or 

13 (bb) minimize the level of 

14 force used; and 

15 (V) if applicable, the reason why 

16 efforts described in subclause (IV) 

17 were not attempted. 

18 (B) INCIDENTS REPORTED UNDER DEATH

19 IN CUSTODY REPORTING ACT.—A State is not 

20 required to include in a report under subsection 

21 (a)(1) an incident reported by the State in ac22 cordance with section 20104(a)(2) of the Vio23 lent Crime Control and Law Enforcement Act 

24 of 1994 (42 U.S.C. 13704(a)(2)). 


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1 (3) AUDIT OF USE-OF-FORCE REPORTING.—Not 

2 later than 1 year after the date of enactment of this 

3 Act, and each year thereafter, each State and Indian 

4 tribe described in paragraph (1) shall— 

5 (A) conduct an audit of the use of force in6 cident reporting system required to be estab7 lished under paragraph (1)(B); and 

8 (B) submit a report to the Attorney Gen9 eral on the audit conducted under subpara10 graph (A). 

11 (4) COMPLIANCE PROCEDURE.—Prior to sub12 mitting a report under paragraph (1)(A), the State 

13 or Indian tribe submitting such report shall compare 

14 the information compiled to be reported pursuant to 

15 clause (i) of paragraph (1)(A) to open-source data 

16 records, and shall revise such report to include any 

17 incident determined to be missing from the report 

18 based on such comparison. Failure to comply with 

19 the procedures described in the previous sentence 

20 shall be considered a failure to comply with the re21 quirements of this section. 

22 (b) INELIGIBILITY FOR FUNDS.— 

23 (1) IN GENERAL.—For any fiscal year in which 

24 a State or Indian tribe fails to comply with this sec25 tion, the State or Indian tribe, at the discretion of 


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1 the Attorney General, shall be subject to not more 

2 than a 10-percent reduction of the funds that would 

3 otherwise be allocated for that fiscal year to the 

4 State or Indian tribe under a Byrne grant program. 

5 (2) REALLOCATION.—Amounts not allocated 

6 under a Byrne grant program in accordance with 

7 paragraph (1) to a State for failure to comply with 

8 this section shall be reallocated under the Byrne 

9 grant program to States that have not failed to com10 ply with this section. 

11 (c) PUBLIC AVAILABILITY OF DATA.— 

12 (1) IN GENERAL.—Not later than 1 year after 

13 the date of enactment of this Act, and each year 

14 thereafter, the Attorney General shall publish, and 

15 make available to the public, a report containing the 

16 data reported to the Attorney General under this 

17 section. 

18 (2) PRIVACY PROTECTIONS.—Nothing in this 

19 subsection shall be construed to supersede the re20 quirements or limitations under section 552a of title 

21 5, United States Code (commonly known as the 

22 ‘‘Privacy Act of 1974’’). 

23 (d) GUIDANCE.—Not later than 180 days after the 

24 date of enactment of this Act, the Attorney General, in 

25 coordination with the Director of the Federal Bureau of 


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1 Investigation, shall issue guidance on best practices relat2 ing to establishing standard data collection systems that 

3 capture the information required to be reported under sub4 section (a)(2), which shall include standard and consistent 

5 definitions for terms, including the term ‘‘use of force’’ 

6 which is consistent with the definition of such term in sec7 tion 2. 

8 SEC. 1041. COMMUNITY AND LAW ENFORCEMENT PART9 NERSHIP GRANT PROGRAM. 

10 (a) GRANTS AUTHORIZED.—The Attorney General 

11 may make grants to eligible law enforcement agencies to 

12 be used for the activities described in subsection (c). 

13 (b) ELIGIBILITY.—In order to be eligible to receive 

14 a grant under this section a law enforcement agency 

15 shall— 

16 (1) be located in a State or Indian tribe that 

17 receives funds under a Byrne grant program; 

18 (2) employ not more that 100 law enforcement 

19 officers; 

20 (3) demonstrate that the use of force policy for 

21 law enforcement officers employed by the law en22 forcement agency is publicly available; and 

23 (4) establish and maintain a reporting system 

24 that may be used by members of the public to report 


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1 incidents of use of force to the law enforcement 

2 agency. 

3 (c) ACTIVITIES DESCRIBED.—A grant made under 

4 this section may be used by a law enforcement agency 

5 for— 

6 (1) the cost of assisting the State or Indian 

7 tribe in which the law enforcement agency is located 

8 in complying with the reporting requirements de9 scribed in section 3; 

10 (2) the cost of establishing necessary systems 

11 required to investigate and report incidents as re12 quired under subsection (b)(4); 

13 (3) public awareness campaigns designed to 

14 gain information from the public on use of force by 

15 or against law enforcement officers, including shoot16 ings, which may include tip lines, hotlines, and pub17 lic service announcements; and 

18 (4) use of force training for law enforcement 

19 agencies and personnel, including training on de-es20 calation, implicit bias, crisis intervention techniques, 

21 and adolescent development. 

22 SEC. 1042. COMPLIANCE WITH REPORTING REQUIRE23 MENTS. 

24 (a) IN GENERAL.—Not later than 1 year after the 

25 date of enactment of this Act, and each year thereafter, 


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1 the Attorney General shall conduct an audit and review 

2 of the information provided under this Act to determine 

3 whether each State or Indian tribe described in section 

4 3(a)(1) is in compliance with the requirements of this Act. 

5 (b) CONSISTENCY IN DATA REPORTING.— 

6 (1) IN GENERAL.—Any data reported under 

7 this Act shall be collected and reported in a manner 

8 consistent with existing programs of the Department 

9 of Justice that collect data on law enforcement offi10 cer encounters with civilians. 

11 (2) GUIDELINES.—The Attorney General 

12 shall— 

13 (A) issue guidelines on the reporting re14 quirement under section 3; and 

15 (B) seek public comment before finalizing 

16 the guidelines required under subparagraph 

17 (A). 

18 SEC. 1043. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to the Attor20 ney General such sums as are necessary to carry out this 

21 Act. 

22 SEC. 1044. FINDINGS. 

23 Congress makes the following findings: 

24 (1) Under section 2576a of title 10, United 

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1 ized to provide excess property to local law enforce2 ment agencies. The Defense Logistics Agency, ad3 ministers such section by operating the Law En4 forcement Support Office program. 

5 (2) New and used material, including mine-re6 sistant ambush-protected vehicles and weapons de7 termined by the Department of Defense to be ‘‘mili8 tary grade’’ are transferred to local and Federal law 

9 enforcement agencies through the program. 

10 (3) As a result local law enforcement agencies, 

11 including police and sheriff’s departments, are ac12 quiring this material for use in their normal oper13 ations. 

14 (4) As a result of the wars in Iraq and Afghani15 stan, military equipment purchased for, and used in, 

16 those wars has become excess property and has been 

17 made available for transfer to local and Federal law 

18 enforcement agencies. 

19 (5) According to public reports, approximately 

20 12,000 police organizations across the country were 

21 able to procure nearly $500,000,000 worth of excess 

22 military merchandise including firearms, computers, 

23 helicopters, clothing, and other products, at no 

24 charge during fiscal year 2011 alone. 


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1 (6) More than $4,000,000,000 worth of weap2 ons and equipment have been transferred to police 

3 organizations in all 50 states and four territories 

4 through the program. 

5 (7) In May 2012, the Defense Logistics Agency 

6 instituted a moratorium on weapons transfers 

7 through the program after reports of missing equip8 ment and inappropriate weapons transfers. 

9 (8) Though the moratorium was widely pub10 licized, it was lifted in October 2013 without ade11 quate safeguards. 

12 (9) As a result, Federal, State, and local law 

13 enforcement departments across the country are eli14 gible again to acquire free ‘‘military-grade’’ weapons 

15 and equipment that could be used inappropriately 

16 during policing efforts in which citizens and tax17 payers could be harmed. 

18 (10) Pursuant to section III(J) of a Defense 

19 Logistics Agency memorandum of understanding, 

20 property obtained through the program must be 

21 placed into use within one year of receipt, possibly 

22 providing an incentive for the unnecessary and po23 tentially dangerous use of ‘‘military grade’’ equip24 ment by local law enforcement. 


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1 (11) The Department of Defense categorizes 

2 equipment eligible for transfer under the 1033 pro3 gram as ‘‘controlled’’ and ‘‘un-controlled’’ equip4 ment. ‘‘Controlled equipment’’ includes weapons, ex5 plosives such as flash-bang grenades, mine resistant 

6 ambush protected vehicles, long range acoustic de7 vices, aircraft capable of being modified to carry ar8 mament that are combat coded, and silencers, 

9 among other military grade items. 

10 SEC. 1045. LIMITATION ON DEPARTMENT OF DEFENSE 

11 TRANSFER OF PERSONAL PROPERTY TO 

12 LOCAL LAW ENFORCEMENT AGENCIES. 

13 (a) IN GENERAL.—Section 2576a of title 10, United 

14 States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1)(A), by striking 

17 ‘‘counterdrug, counterterrorism,’’ and inserting 

18 ‘‘counterterrorism’’; and 

19 (B) in paragraph (2), by striking ‘‘, the 

20 Director of National Drug Control Policy,’’; 

21 (2) in subsection (b)— 

22 (A) in each of paragraphs (4) and (5), by 

23 striking ‘‘and’’ at the end; 

24 (B) in paragraph (6), by striking the pe25 riod and inserting a semicolon; and 


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1 (C) by adding at the end the following new 

2 paragraphs: 

3 ‘‘(7) the recipient certifies to the Department of 

4 Defense that it has the personnel and technical ca5 pacity, including training, to operate the property; 

6 ‘‘(8) the recipient submits to the Department of 

7 Defense a description of how the recipient expects to 

8 use the property; 

9 ‘‘(9) the recipient certifies to the Department of 

10 Defense that if the recipient determines that the 

11 property is surplus to the needs of the recipient, the 

12 recipient will return the property to the Department 

13 of Defense; and 

14 ‘‘(10) with respect to a recipient that is not a 

15 Federal agency, the recipient certifies to the Depart16 ment of Defense that the recipient notified the local 

17 community of the request for personal property 

18 under this section by— 

19 ‘‘(A) publishing a notice of such request on 

20 a publicly accessible Internet website; 

21 ‘‘(B) posting such notice at several promi22 nent locations in the jurisdiction of the recipi23 ent; and 


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1 ‘‘(C) ensuring that such notices were avail2 able to the local community for a period of not 

3 less than 30 days.’’; 

4 (3) by striking subsection (d); 

5 (4) by redesignating subsections (e) and (f) as 

6 subsections (m) and (n), respectively; and 

7 (5) by inserting after subsection (c) the fol8 lowing new subsections: 

9 ‘‘(d) ANNUAL CERTIFICATION ACCOUNTING FOR

10 TRANSFERRED PROPERTY.—(1) For each fiscal year, the 

11 Secretary shall submit to Congress certification in writing 

12 that each Federal or State agency to which the Secretary 

13 has transferred property under this section— 

14 ‘‘(A) has provided to the Secretary documenta15 tion accounting for all controlled property, including 

16 arms and ammunition, that the Secretary has trans17 ferred to the agency, including any item described in 

18 subsection (f) so transferred before the date of the 

19 enactment of the Stop Militarizing Law Enforce20 ment Act; and 

21 ‘‘(B) with respect to a non-Federal agency, car22 ried out each of paragraphs (5) through (8) of sub23 section (b). 

24 ‘‘(2) If the Secretary cannot provide a certification 

25 under paragraph (1) for a Federal or State agency, the 


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1 Secretary may not transfer additional property to that 

2 agency under this section. 

3 ‘‘(e) ANNUAL REPORT ON EXCESS PROPERTY.—Be4 fore making any property available for transfer under this 

5 section, the Secretary shall annually submit to Congress 

6 a description of the property to be transferred together 

7 with a certification that the transfer of the property would 

8 not violate this section or any other provision of law. 

9 ‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec10 retary may not transfer the following personal property 

11 of the Department of Defense under this section: 

12 ‘‘(A) Controlled firearms, ammunition, grenades 

13 (including stun and flash-bang) and explosives. 

14 ‘‘(B) Controlled vehicles, highly mobile multi15 wheeled vehicles, mine-resistant ambush-protected 

16 vehicles, trucks, truck dump, truck utility, and truck 

17 carryall. 

18 ‘‘(C) Drones that are armored, weaponized, or 

19 both. 

20 ‘‘(D) Controlled aircraft that— 

21 ‘‘(i) are combat configured or combat 

22 coded; or 

23 ‘‘(ii) have no established commercial flight 

24 application. 

25 ‘‘(E) Silencers. 


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1 ‘‘(F) Long-range acoustic devices. 

2 ‘‘(G) Items in the Federal Supply Class of 

3 banned items. 

4 ‘‘(2) The Secretary may not require, as a condition 

5 of a transfer under this section, that a Federal or State 

6 agency demonstrate the use of any small arms or ammuni7 tion. 

8 ‘‘(3) The limitations under this subsection shall also 

9 apply with respect to the transfer of previously transferred 

10 property of the Department of Defense from one Federal 

11 or State agency to another such agency. 

12 ‘‘(4)(A) The Secretary may waive the applicability of 

13 paragraph (1) to a vehicle described in subparagraph (B) 

14 of such paragraph (other than a mine-resistant ambush15 protected vehicle), if the Secretary determines that such 

16 a waiver is necessary for disaster or rescue purposes or 

17 for another purpose where life and public safety are at 

18 risk, as demonstrated by the proposed recipient of the ve19 hicle. 

20 ‘‘(B) If the Secretary issues a waiver under subpara21 graph (A), the Secretary shall— 

22 ‘‘(i) submit to Congress notice of the waiver, 

23 and post such notice on a public Internet website of 

24 the Department, by not later than 30 days after the 

25 date on which the waiver is issued; and 


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1 ‘‘(ii) require, as a condition of the waiver, that 

2 the recipient of the vehicle for which the waiver is 

3 issued provides public notice of the waiver and the 

4 transfer, including the type of vehicle and the pur5 pose for which it is transferred, in the jurisdiction 

6 where the recipient is located by not later than 30 

7 days after the date on which the waiver is issued. 

8 ‘‘(5) The Secretary may provide for an exemption to 

9 the limitation under subparagraph (D) of paragraph (1) 

10 in the case of parts for aircraft described in such subpara11 graph that are transferred as part of regular maintenance 

12 of aircraft in an existing fleet. 

13 ‘‘(6) The Secretary shall require, as a condition of 

14 any transfer of property under this section, that the Fed15 eral or State agency that receives the property shall return 

16 the property to the Secretary if the agency— 

17 ‘‘(A) is investigated by the Department of Jus18 tice for any violation of civil liberties; or 

19 ‘‘(B) is otherwise found to have engaged in 

20 widespread abuses of civil liberties. 

21 ‘‘(g) CONDITIONS FOR EXTENSION OF PROGRAM.— 

22 Notwithstanding any other provision of law, amounts au23 thorized to be appropriated or otherwise made available 

24 for any fiscal year may not be obligated or expended to 


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1 carry out this section unless the Secretary submits to Con2 gress certification that for the preceding fiscal year that— 

3 ‘‘(1) each Federal or State agency that has re4 ceived controlled property transferred under this sec5 tion has— 

6 ‘‘(A) demonstrated 100 percent account7 ability for all such property, in accordance with 

8 paragraph (2) or (3), as applicable; or 

9 ‘‘(B) been suspended from the program 

10 pursuant to paragraph (4); 

11 ‘‘(2) with respect to each non-Federal agency 

12 that has received controlled property under this sec13 tion, the State coordinator responsible for each such 

14 agency has verified that the coordinator or an agent 

15 of the coordinator has conducted an in-person inven16 tory of the property transferred to the agency and 

17 that 100 percent of such property was accounted for 

18 during the inventory or that the agency has been 

19 suspended from the program pursuant to paragraph 

20 (4); 

21 ‘‘(3) with respect to each Federal agency that 

22 has received controlled property under this section, 

23 the Secretary of Defense or an agent of the Sec24 retary has conducted an in-person inventory of the 

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1 cent of such property was accounted for during the 

2 inventory or that the agency has been suspended 

3 from the program pursuant to paragraph (4); 

4 ‘‘(4) the eligibility of any agency that has re5 ceived controlled property under this section for 

6 which 100 percent of the property was not ac7 counted for during an inventory described in para8 graph (1) or (2), as applicable, to receive any prop9 erty transferred under this section has been sus10 pended; 

11 ‘‘(5) each State coordinator has certified, for 

12 each non-Federal agency located in the State for 

13 which the State coordinator is responsible that— 

14 ‘‘(A) the agency has complied with all re15 quirements under this section; or 

16 ‘‘(B) the eligibility of the agency to receive 

17 property transferred under this section has been 

18 suspended; and 

19 ‘‘(6) the Secretary of Defense has certified, for 

20 each Federal agency that has received property 

21 under this section that— 

22 ‘‘(A) the agency has complied with all re23 quirements under this section; or 


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1 ‘‘(B) the eligibility of the agency to receive 

2 property transferred under this section has been 

3 suspended. 

4 ‘‘(h) PROHIBITION ON OWNERSHIP OF CONTROLLED

5 PROPERTY.—A Federal or State agency that receives con6 trolled property under this section may never take owner7 ship of the property. 

8 ‘‘(i) NOTICE TO CONGRESS OF PROPERTY DOWN9 GRADES.—Not later than 30 days before downgrading the 

10 classification of any item of personal property from con11 trolled or Federal Supply Class, the Secretary shall submit 

12 to Congress notice of the proposed downgrade. 

13 ‘‘(j) NOTICE TO CONGRESS OF PROPERTY CANNIBAL14 IZATION.—Before the Defense Logistics Agency author15 izes the recipient of property transferred under this sec16 tion to cannibalize the property, the Secretary shall submit 

17 to Congress notice of such authorization, including the 

18 name of the recipient requesting the authorization, the 

19 purpose of the proposed cannibalization, and the type of 

20 property proposed to be cannibalized. 

21 ‘‘(k) QUARTERLY REPORTS ON USE OF CONTROLLED

22 EQUIPMENT.—Not later than 30 days after the last day 

23 of a fiscal quarter, the Secretary shall submit to Congress 

24 a report on any uses of controlled property transferred 

25 under this section during that fiscal quarter. 


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1 ‘‘(l) REPORTS TO CONGRESS.—Not later than 30 

2 days after the last day of a fiscal year, the Secretary shall 

3 submit to Congress a report on the following for the pre4 ceding fiscal year: 

5 ‘‘(1) The percentage of equipment lost by re6 cipients of property transferred under this section, 

7 including specific information about the type of 

8 property lost, the monetary value of such property, 

9 and the recipient that lost the property. 

10 ‘‘(2) The transfer of any new (condition code 

11 A) property transferred under this section, including 

12 specific information about the type of property, the 

13 recipient of the property, the monetary value of each 

14 item of the property, and the total monetary value 

15 of all such property transferred during the fiscal 

16 year.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall apply with respect to any transfer of 

19 property made after the date of the enactment of this Act. 

20 SEC. 1046. FINDINGS. 

21 Congress finds the following: 

22 (1) There is a lack of reliable data and informa23 tion on the amount and types of weapons and equip24 ment that law enforcement agencies purchase using 


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1 Federal funding, and the use and deployment of 

2 those weapons and equipment. 

3 (2) The Federal Government lacks reliable data 

4 and information about the number, composition, and 

5 deployment of Special Weapons and Tactics teams 

6 (referred to in this section as ‘‘SWAT teams’’). 

7 (3) According to estimates, the percentage of 

8 small towns in the United States that had SWAT 

9 teams grew from 20 percent in the 1980s to 80 per10 cent in the mid-2000s. 

11 (4) According to estimates, the number of 

12 SWAT team raids per year grew from 3,000 in the 

13 1980s to 45,000 in the mid-2000s. 

14 (5) The majority of SWAT team deployments 

15 are for the purpose of executing a warrant. 

16 (6) In 2014, the Federal Government provided 

17 more than $2,000,000,000 in grants and equipment 

18 to law enforcement agencies. 

19 (7) In 2013 and 2014, the Department of De20 fense provided excess Mine Resistant Ambush Pro21 tected vehicles (referred to in this section as 

22 ‘‘MRAPs’’) to 624 local law enforcement agencies 

23 for free. 


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1 (8) MRAPs can weigh up to 17 tons and cost 

2 up to $600,000, and are known to damage road sur3 faces due to their weight. 

4 (9) State and local governments that are re5 sponsible for oversight of their law enforcement 

6 agencies are not always aware of equipment and 

7 grant funding that the law enforcement agencies ob8 tain from the Federal Government. 

9 SEC. 1047. TASK FORCE TO ASSIST FEDERAL OFFICIALS IN 

10 DETERMINING APPROPRIATENESS OF ITEMS 

11 FOR USE BY LAW ENFORCEMENT. 

12 (a) IN GENERAL.—The Administrator of the Federal 

13 Emergency Management Agency, the Director of the De14 fense Logistics Agency, and the Attorney General shall 

15 jointly appoint a task force to assist each such official in 

16 discharging certain functions as required under— 

17 (1) section 2009 of the Homeland Security Act 

18 of 2002, as added by section 5; 

19 (2) section 2576a of title 10, United States 

20 Code, as added by section 6; and 

21 (3) section 509 of the Omnibus Crime Control 

22 and Safe Streets Act of 1968, as added by section 

23 7. 

24 (b) MEMBERS.—The task force appointed under this 

25 section shall include the following: 


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1 (1) One representative from a law enforcement 

2 agency within the Department of Homeland Secu3 rity. 

4 (2) An individual appointed under section 

5 2009(h)(2) of the Homeland Security Act of 2002, 

6 as added by section 5. 

7 (3) In consultation with the Director of the 

8 Federal Bureau of Investigation, 1 representative 

9 from the Federal Bureau of Investigation or the 

10 FBI Academy. 

11 (4) An individual employed by the Defense Lo12 gistics Agency pursuant to section 2576a(e)(2) of 

13 title 10, United States Code, as added by section 6. 

14 (5) An individual appointed under section 

15 509(h)(1)(B) of the Omnibus Crime Control and 

16 Safe Streets Act of 1968, as added by section 7. 

17 (6) One representative of each of the Fraternal 

18 Order of Police, the National Tactical Officers Asso19 ciation, the International Association of Bomb Tech20 nicians and Investigators, the National Bomb Squad 

21 Commanders Advisory Board, the Airborne Law En22 forcement Association, the International Association 

23 of Chiefs of Police, the National Sheriffs Associa24 tion, the National Governors Association, and the 

25 United States Conference of Mayors. 


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1 (7) An individual unaffiliated with an organiza2 tion specified in paragraph (6) who has a doctoral 

3 or masters degree in criminology or criminal justice 

4 and a demonstrated expertise in police tactics. 

5 (8) One or more individuals from an organiza6 tion or organizations whose mission is related to the 

7 protection of civil rights and liberties, including the 

8 American Civil Liberties Union, the Center for Con9 stitutional Rights, the Lawyers Committee for Civil 

10 Rights Under Law, the Leadership Conference on 

11 Civil and Human Rights, the National Association 

12 for the Advancement of Colored People, the NAACP 

13 Legal Defense and Educational Fund, Inc., the Na14 tional Urban League, and the Rainbow PUSH Coali15 tion, selected by the Administrator in consultation 

16 with the head of such organization. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated for the activities of the 

19 task force appointed under this section $1,000,000 for 

20 each of fiscal years 2015, 2016, and 2017. 

21 SEC. 1048. URBAN AREAS SECURITY INITIATIVE AND STATE 

22 HOMELAND SECURITY GRANT PROGRAM. 

23 (a) IN GENERAL.—Subtitle A of title XX of the 

24 Homeland Security Act of 2002 (6 U.S.C. 603 et seq.) 

25 is amended by adding at the end the following: 


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1 ‘‘SEC. 2009. USE OF FUNDS BY LAW ENFORCEMENT. 

2 ‘‘(a) DEFINITIONS.—In this section— 

3 ‘‘(1) the term ‘Authorized Equipment List’ 

4 means the Authorized Equipment List published by 

5 the Grant Programs Directorate of the Federal 

6 Emergency Management Agency; 

7 ‘‘(2) the term ‘covered funds’ means funds 

8 awarded under section 2003 or 2004; 

9 ‘‘(3) the term ‘law enforcement agency’— 

10 ‘‘(A) means an agency or entity with law 

11 enforcement officers— 

12 ‘‘(i) who have arrest and apprehension 

13 authority; and 

14 ‘‘(ii) whose primary function is to en15 force the laws; 

16 ‘‘(B) includes a local educational agency 

17 with officers described in subparagraph (A); 

18 and 

19 ‘‘(C) does not include a firefighting agency 

20 or entity; 

21 ‘‘(4) the term ‘law enforcement council’ means 

22 a consortium of law enforcement agencies operating 

23 in a partnership within a region to promote and en24 hance public safety; 


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1 ‘‘(5) the term ‘law enforcement equipment list’ 

2 means the list of items designated by the Adminis3 trator under subsection (b)(1)(B); 

4 ‘‘(6) the term ‘local educational agency’ has the 

5 meaning given that term in section 8013(9) of the 

6 Elementary and Secondary Education Act of 1965 

7 (20 U.S.C. 7713(9)); 

8 ‘‘(7) the term ‘prohibited item’ means an item 

9 that is not on the law enforcement equipment list; 

10 ‘‘(8) the term ‘restricted item’ means— 

11 ‘‘(A) tactical law enforcement ballistic pro12 tection equipment, including body armor, a bal13 listic helmet, a ballistic shield, a battle dress 

14 uniform, or camouflage uniforms or clothing; 

15 ‘‘(B) a remotely piloted aerial vehicle; 

16 ‘‘(C) a tactical military vehicle; 

17 ‘‘(D) facial recognition software; 

18 ‘‘(E) watercraft; or 

19 ‘‘(F) manned aircraft; 

20 ‘‘(9) the term ‘SWAT team’ means a Special 

21 Weapons and Tactics team or other specialized tac22 tical team composed of sworn law enforcement offi23 cers; and 

24 ‘‘(10) the term ‘tactical military vehicle’ means 

25 an armored vehicle having military characteristics 


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1 resulting from military research and development 

2 processes, designed primarily for use by forces in the 

3 field in direct connection with, or support of, combat 

4 or tactical operations. 

5 ‘‘(b) ASSESSMENT OF AUTHORIZED EQUIPMENT

6 LIST; DESIGNATION OF APPROVED ITEMS.— 

7 ‘‘(1) IN GENERAL.—The Administrator shall, in 

8 consultation with the task force appointed under sec9 tion 4 of the Protecting Communities and Police Act 

10 of 2015— 

11 ‘‘(A) as soon as practicable after the date 

12 of enactment of the Protecting Communities 

13 and Police Act of 2015, assess the appropriate14 ness of items on the Authorized Equipment List 

15 for use by law enforcement agencies in counter16 terrorism activities; 

17 ‘‘(B) not later than 3 years after the date 

18 of enactment of the Protecting Communities 

19 and Police Act of 2015, based on the assess20 ment conducted under subparagraph (A) and in 

21 accordance with the procedures required under 

22 paragraph (2), designate a list of items, which 

23 may include restricted items, that may be pur24 chased using covered funds for use by a law en25 forcement agency; and 


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1 ‘‘(C) not less frequently than once every 5 

2 years, review and revise, as appropriate, the list 

3 of items designated under subparagraph (B). 

4 ‘‘(2) PUBLICATION.—The Administrator shall 

5 publish the law enforcement equipment list on the 

6 website of the Department and in the Federal Reg7 ister. 

8 ‘‘(3) PROHIBITED ITEMS.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), a law enforcement agency 

11 may not— 

12 ‘‘(i) use covered funds to purchase a 

13 prohibited item; or 

14 ‘‘(ii) receive a prohibited item that 

15 was purchased using covered funds. 

16 ‘‘(B) EXCEPTION FOR THREATS TO NA17 TIONAL SECURITY.—A law enforcement agency 

18 may purchase a prohibited item using covered 

19 funds, or receive a prohibited item that was 

20 purchased using covered funds, if— 

21 ‘‘(i) the Administrator determines 

22 that the prohibited item will be useful in 

23 preventing or mitigating damage resulting 

24 from a threat to national security; 


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1 ‘‘(ii) the law enforcement agency has 

2 in place an agreement with the National 

3 Guard of the State in which the law en4 forcement agency is located for the storage 

5 of the prohibited item at a National Guard 

6 site; and 

7 ‘‘(iii) the law enforcement agency pro8 vides a copy of the agreement described in 

9 clause (ii) to the Administrator. 

10 ‘‘(4) REPORTS TO CONGRESS ON EXPECTED

11 PUBLICATION OF FINAL LAW ENFORCEMENT EQUIP12 MENT LIST.—Beginning in the third full fiscal year 

13 after the date of enactment of the Protecting Com14 munities and Police Act of 2015, the Administrator 

15 shall submit to Congress a monthly report on the ex16 pected date of publication of the final law enforce17 ment equipment list. 

18 ‘‘(5) AUTHORITY TO MAKE GRANTS CONTIN19 GENT ON PUBLICATION OF FINAL LIST.—Beginning 

20 in the fifth full fiscal year after the date of enact21 ment of the Protecting Communities and Police Act 

22 of 2015, the Administrator shall withhold from a 

23 grant awarded under section 2003 or 2004 any 

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1 ment agency unless the Administrator has published 

2 a final law enforcement equipment list. 

3 ‘‘(c) OTHER RESTRICTIONS AND LIMITATIONS ON

4 USE OF COVERED FUNDS.— 

5 ‘‘(1) RESTRICTED ITEMS PURCHASED USING

6 COVERED FUNDS.— 

7 ‘‘(A) REQUIREMENTS.—A law enforcement 

8 agency may not receive or use covered funds for 

9 the purchase of a restricted item, or receive a 

10 restricted item purchased using covered funds, 

11 unless the law enforcement agency— 

12 ‘‘(i) except as provided in subpara13 graph (B), publishes a needs justification 

14 statement— 

15 ‘‘(I) that, except as provided in 

16 subclause (II), includes the informa17 tion required under subparagraph (D) 

18 if that information is not otherwise 

19 publicly available; and 

20 ‘‘(II) from which the law enforce21 ment agency may redact— 

22 ‘‘(aa) the information re23 quired under clause (x) or (xi) of 

24 subparagraph (D); and 


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1 ‘‘(bb) with respect to the 

2 training records required under 

3 clause (vi), any personally identi4 fiable information and all but the 

5 title and subject of such training; 

6 ‘‘(ii) obtains the approval of the head 

7 of the State, political subdivision of a 

8 State, or Indian tribe of which the law en9 forcement agency is an agency to obtain 

10 the restricted items; and 

11 ‘‘(iii) submits the needs justification 

12 statement, including all information re13 quired under subparagraph (D), to the 

14 State, high-risk urban area, or directly eli15 gible tribe from which the law enforcement 

16 agency is to receive the covered funds or 

17 restricted item. 

18 ‘‘(B) ONGOING OPERATIONS.—The re19 quirements under subparagraph (A) shall not 

20 apply to a law enforcement agency that obtains 

21 a restricted item that was purchased using cov22 ered funds to be used in an active, ongoing 

23 counterterrorism operation. 

24 ‘‘(C) NOTIFICATION TO ADMINISTRATOR

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1 TIONS.—If an official other than the Adminis2 trator approves an application for a grant 

3 under section 2003 or 2004 that proposes to 

4 use funds for the purchase of a restricted item, 

5 the official shall notify the Administrator of the 

6 approval before distributing those funds. 

7 ‘‘(D) NEEDS JUSTIFICATION STATE8 MENTS.—A needs justification statement of a 

9 law enforcement agency shall include the fol10 lowing: 

11 ‘‘(i) The type and number of re12 stricted items proposed to be purchased on 

13 behalf of, or distributed to, the law en14 forcement agency. 

15 ‘‘(ii) The number of sworn law en16 forcement officers of the law enforcement 

17 agency. 

18 ‘‘(iii) The number, if any, of items 

19 similar to the restricted item that the law 

20 enforcement agency has in good working 

21 condition. 

22 ‘‘(iv) The number and type of items, 

23 if any, that the law enforcement agency 

24 has that were— 


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1 ‘‘(I) transferred to the law en2 forcement agency under section 2576a 

3 of title 10, United States Code; or 

4 ‘‘(II) purchased using funds from 

5 the Edward Byrne Memorial Justice 

6 Assistance Grant Program under sub7 part 1 of part E of title I of the Om8 nibus Crime Control and Safe Streets 

9 Act of 1968 (42 U.S.C. 3750 et seq.) 

10 during the 5-year period preceding the 

11 date on which the statement is pub12 lished. 

13 ‘‘(v) The use of force policy of the law 

14 enforcement agency. 

15 ‘‘(vi) Whether the law enforcement 

16 agency intends for a SWAT team to use 

17 the restricted item, and, if so, the training 

18 records of the SWAT team, including the 

19 course outlines of such training. 

20 ‘‘(vii) Whether the law enforcement 

21 agency has or plans to adopt a memo22 randum of understanding or other joint 

23 use agreement for the shared use of the re24 stricted item with any other law enforce25 ment agency. 


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1 ‘‘(viii) The capability gap to be filled 

2 by the restricted item, and a description of 

3 the proposed use of the restricted item by 

4 the law enforcement agency. 

5 ‘‘(ix) Whether a consent decree is in 

6 effect between the United States and the 

7 law enforcement agency relating to civil 

8 rights abuses or excessive use of force. 

9 ‘‘(x) Whether the law enforcement 

10 agency is currently under investigation, or 

11 has been under investigation during the 

12 preceding 10 years, by the Department of 

13 Justice, an inspector general, or any equiv14 alent State or local entity for civil rights 

15 abuses or excessive use of force. 

16 ‘‘(xi) Whether the head of the law en17 forcement agency has ever been determined 

18 by the Department of Justice, an inspector 

19 general, or any equivalent State or local 

20 entity to have engaged in civil rights 

21 abuses or excessive use of force, if such in22 formation is publicly available. 

23 ‘‘(xii)(I) Whether the law enforcement 

24 agency requested funds from a regional, 


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1 State, or local political entity to purchase 

2 the requested item; 

3 ‘‘(II) if the law enforcement agency 

4 requested funds from a regional, State, or 

5 local political entity and the request was 

6 denied, a statement of the reason or rea7 sons for the denial; and 

8 ‘‘(III) if the law enforcement agency 

9 did not request funds from a regional, 

10 State, or local political entity, a statement 

11 explaining why the law enforcement agency 

12 did not do so. 

13 ‘‘(xiii) A certification that any item on 

14 the law enforcement equipment list pur15 chased using covered funds has not been, 

16 and will not be, used by a SWAT team of 

17 the law enforcement agency engaging in 

18 routine patrol-related incidents, non-tac19 tical incidents, or non-tactical assignments. 

20 ‘‘(xiv) Any other information on the 

21 recent record of the law enforcement agen22 cy regarding civil rights and the excessive 

23 use of force that the Administrator deter24 mines appropriate. 

25 ‘‘(2) RESTRICTIONS ON SMALL AGENCIES.— 


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1 ‘‘(A) TACTICAL MILITARY VEHICLES.—A 

2 law enforcement agency with 10 or fewer sworn 

3 law enforcement officers— 

4 ‘‘(i) that has 1 or more functioning 

5 tactical military vehicles may not— 

6 ‘‘(I) use covered funds for the 

7 purchase of a tactical military vehicle; 

8 or 

9 ‘‘(II) receive a tactical military 

10 vehicle purchased using covered funds; 

11 ‘‘(ii) that does not have a functioning 

12 tactical military vehicle may— 

13 ‘‘(I) use covered funds for the 

14 purchase of not more than 1 tactical 

15 military vehicle; or 

16 ‘‘(II) receive not more than 1 

17 tactical military vehicle purchased 

18 using covered funds; or 

19 ‘‘(iii) that is the designated procure20 ment agency for a multi-jurisdictional 

21 joint-use agreement may use covered funds 

22 for the purchase of more than 1 tactical 

23 military vehicle, or receive more than 1 

24 tactical military vehicle purchased using 

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1 ceives not more than 1 tactical military ve2 hicle for every 10 sworn law enforcement 

3 officers covered by the joint-use agreement. 

4 ‘‘(B) LIMITATION ON USE OF COVERED

5 FUNDS BY SMALL SWAT TEAMS.—A law en6 forcement agency may not use covered funds to 

7 purchase a restricted item, or receive a re8 stricted item purchased using covered funds, for 

9 use by a SWAT team— 

10 ‘‘(i) composed of fewer than 17 sworn 

11 law enforcement officers; 

12 ‘‘(ii) composed entirely of members 

13 from a single law enforcement agency that 

14 has fewer than 35 sworn law enforcement 

15 officers; 

16 ‘‘(iii) composed of members from 2 or 

17 more law enforcement agencies that have, 

18 in aggregate, fewer than 35 sworn law en19 forcement officers; or 

20 ‘‘(iv) in a routine patrol-related inci21 dent, non-tactical incident, or non-tactical 

22 assignment. 

23 ‘‘(3) TRANSPORTATION COSTS.—Covered funds 

24 may not be used to pay the cost of transporting an 

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1 ment agency under section 2576a of title 10, United 

2 States Code. 

3 ‘‘(4) AGENCIES UNDER CONSENT DECREES OR

4 CIVIL RIGHTS INVESTIGATIONS.—A law enforcement 

5 agency for which a consent decree is in effect be6 tween the United States and the law enforcement 

7 agency, or that is under investigation by the Depart8 ment of Justice, relating to civil rights abuses or ex9 cessive use of force may not— 

10 ‘‘(A) use covered funds to purchase a re11 stricted item; or 

12 ‘‘(B) receive a restricted item that was 

13 purchased using covered funds. 

14 ‘‘(d) TRAINING AND CERTIFICATION.— 

15 ‘‘(1) STATE CERTIFICATION OF LAW ENFORCE16 MENT INSTRUCTORS ON LAW ENFORCEMENT TAC17 TICS AND THE USE OF RESTRICTED ITEMS.— 

18 ‘‘(A) IN GENERAL.—On and after the date 

19 that is 3 years after the date of enactment of 

20 the Protecting Communities and Police Act of 

21 2015, a State, any jurisdiction within the State, 

22 and any directly eligible tribe any part of which 

23 is located within the State, may not receive cov24 ered funds for use by a law enforcement agency 

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1 ernor or highest official of the State certifies to 

2 the Administrator that the State conducts a 

3 program for certifying law enforcement instruc4 tors in the provision of training on law enforce5 ment tactics and investigations that meets the 

6 requirements under subparagraph (B). 

7 ‘‘(B) PROGRAM REQUIREMENTS.—The re8 quirements for a program described in subpara9 graph (A) are the following: 

10 ‘‘(i) The program shall include in11 struction in training on the following: 

12 ‘‘(I) The use of force by law en13 forcement officers in the ordinary 

14 course of their duties. 

15 ‘‘(II) The use of restricted items 

16 by law enforcement officers in the or17 dinary course of their duties. 

18 ‘‘(III) The use of restricted items 

19 by SWAT teams. 

20 ‘‘(IV) The appropriate deploy21 ment of SWAT teams. 

22 ‘‘(V) Civil rights and civil lib23 erties. 

24 ‘‘(VI) Any other matters on the 

25 training of law enforcement officers 


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1 that the head of the State law en2 forcement agency considers appro3 priate. 

4 ‘‘(ii) A list of the instructors who are 

5 certified pursuant to the program or pur6 suant to the program conducted by the 

7 Secretary under section 2010 shall be 

8 maintained and published. 

9 ‘‘(C) DISCHARGE THROUGH EXISTING PRO10 GRAMS.—A State may satisfy the requirement 

11 under subparagraph (A) using a program in ef12 fect on the date that is 3 years after the date 

13 of the enactment of the Protecting Commu14 nities and Police Act of 2015 if such program 

15 satisfies the requirements in subparagraph (B). 

16 ‘‘(2) MINIMUM ANNUAL TRAINING REQUIRE17 MENTS.— 

18 ‘‘(A) ESTABLISHMENT.—On and after the 

19 date that is 3 years after the date of enactment 

20 of the Protecting Communities and Police Act 

21 of 2015, a State, any jurisdiction within the 

22 State, and any directly eligible tribe any part of 

23 which is located within the State, may not re24 ceive covered funds, or equipment purchased 

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1 lishes minimum annual training requirements 

2 for all sworn law enforcement officers in the 

3 State, including— 

4 ‘‘(i) specialized leadership training re5 quirements for heads of law enforcement 

6 agencies who have— 

7 ‘‘(I) decisionmaking authority on 

8 the deployment of SWAT teams and 

9 tactical military vehicles; or 

10 ‘‘(II) responsibility for drafting 

11 policies on the use of force and SWAT 

12 team deployment; 

13 ‘‘(ii) specialized SWAT team training 

14 requirements for all SWAT team members 

15 in law enforcement tactics used in tactical 

16 operations; 

17 ‘‘(iii) training in the appropriate use 

18 and deployment of tactical military vehi19 cles; and 

20 ‘‘(iv) not less than 1 training session 

21 on sensitivity, including training on ethnic 

22 and racial bias, cultural diversity, and law 

23 enforcement interaction with disabled indi24 viduals, mentally ill individuals, and new 

25 immigrants. 


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1 ‘‘(B) FEDERALLY CERTIFIED OR STATE2 CERTIFIED INSTRUCTORS.—The training re3 quirements established by a State under sub4 paragraph (A) may only be satisfied through 

5 training conducted by an instructor certified 

6 under— 

7 ‘‘(i) the program conducted by the 

8 Secretary under section 2010; or 

9 ‘‘(ii) a program conducted by a State 

10 under paragraph (1). 

11 ‘‘(C) CERTIFICATION OF COMPLETED

12 TRAINING.—On and after the date that is 1 

13 year after the date on which a program is es14 tablished under paragraph (1), a law enforce15 ment agency may not directly or indirectly re16 ceive covered funds, or receive equipment pur17 chased using covered funds, unless the law en18 forcement agency certifies to the entity from 

19 which the law enforcement agency is seeking 

20 funds or equipment that, during the preceding 

21 year, each sworn law enforcement officer em22 ployed by the law enforcement agency met all 

23 applicable minimum annual training require24 ments established by the State in which the law 

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1 graph (A) of this paragraph, including special2 ized SWAT team training requirements. 

3 ‘‘(D) FALSE CERTIFICATION.—The Admin4 istrator shall suspend or terminate the eligi5 bility of a law enforcement agency to directly or 

6 indirectly receive covered funds, or receive 

7 equipment purchased using covered funds, if 

8 the law enforcement agency intentionally sub9 mits a false certification under subparagraph 

10 (C) that a law enforcement officer met the min11 imum annual training requirements established 

12 by the State in which the agency is located 

13 under subparagraph (A). 

14 ‘‘(E) SATISFACTION BY RECENT HIREES.— 

15 The requirements under subparagraph (A) shall 

16 provide for the first completion of the training 

17 concerned by an individual who becomes an offi18 cer in a law enforcement agency or a member 

19 of a SWAT team by not later than 1 year after 

20 the date on which the individual becomes an of21 ficer in the law enforcement agency or a mem22 ber of a SWAT team, as applicable. 

23 ‘‘(e) REPORTING REQUIREMENTS.— 


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1 ‘‘(1) ANNUAL REPORTS BY ADMINISTRATOR.— 

2 The Administrator shall make public and submit to 

3 Congress and the Attorney General— 

4 ‘‘(A) an annual report on the purchase by 

5 law enforcement agencies of restricted items 

6 purchased using covered funds; and 

7 ‘‘(B) an annual report on the purchase and 

8 use by law enforcement agencies of tactical 

9 military vehicles and remotely piloted aerial ve10 hicles purchased using covered funds. 

11 ‘‘(2) GRANT APPLICANTS AND RECIPIENTS.— 

12 ‘‘(A) LIST OF EQUIPMENT PURCHASED.— 

13 As a condition of receiving a grant under sec14 tion 2003 or 2004, a State, high-risk urban 

15 area, or directly eligible tribe shall submit to 

16 the Administrator, as part of the report sub17 mitted under section 2022(b)(1)(A) relating to 

18 the last quarter of any fiscal year, a description 

19 of the quantity and specific type of equipment 

20 purchased by the recipient and any subgrantee 

21 of the recipient using covered funds. 

22 ‘‘(B) AGENCIES WITH SPECIAL EQUIP23 MENT.—As a condition of receiving a grant 

24 under section 2003 or 2004, a State, high-risk 

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1 mit to the Administrator a report that de2 scribes, for each law enforcement agency that 

3 purchased a restricted item using covered funds 

4 made available by the State, high-risk urban 

5 area, or directly eligible tribe, or received a re6 stricted item that the State, high-risk urban 

7 area, or directly eligible tribe purchased using 

8 covered funds— 

9 ‘‘(i) the needs justification statement 

10 that the law enforcement agency submitted 

11 to the State, high-risk urban area, or di12 rectly eligible tribe with respect to the re13 stricted item under subsection 

14 (c)(1)(A)(iii); and 

15 ‘‘(ii) the number and types of re16 stricted items that the law enforcement 

17 agency purchased or received. 

18 ‘‘(C) SWAT TEAM DEPLOYMENT

19 RECORDS.—A law enforcement agency that uses 

20 covered funds to purchase a tactical military ve21 hicle, or receives a tactical military vehicle pur22 chased using covered funds, for use by a SWAT 

23 team shall maintain a record of each deploy24 ment of the tactical military vehicle by the 

25 SWAT team, which shall include— 


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1 ‘‘(i) the type of police activity for 

2 which the tactical military vehicle is de3 ployed; 

4 ‘‘(ii) the rationale for the deployment; 

5 ‘‘(iii) the nexus between— 

6 ‘‘(I) the use of force policy and 

7 SWAT team policy of the law enforce8 ment agency, if applicable; and 

9 ‘‘(II) the police activity for which 

10 the tactical military vehicle is de11 ployed; and 

12 ‘‘(iv) a description, written after the 

13 deployment, of whether force or weapons 

14 were used by or against the law enforce15 ment officers deploying the tactical mili16 tary vehicle. 

17 ‘‘(f) WHISTLEBLOWER AND INDEPENDENT OVER18 SIGHT REQUIREMENTS.— 

19 ‘‘(1) WHISTLEBLOWER REQUIREMENTS.—On or 

20 after the date that is 3 years after the date of enact21 ment of the Protecting Communities and Police Act 

22 of 2015, a State, any jurisdiction within the State, 

23 and any directly eligible tribe any part of which is 

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1 stricted item unless the Governor or highest officer 

2 of the State certifies to the Administrator that the 

3 State— 

4 ‘‘(A) has in place— 

5 ‘‘(i) a program, including a public 

6 complaint hotline, that provides individuals 

7 the ability to disclose any— 

8 ‘‘(I) misuse of equipment pur9 chased using covered funds; or 

10 ‘‘(II) other waste, fraud, or abuse 

11 in connection with the use of covered 

12 funds; and 

13 ‘‘(ii) mechanisms (commonly referred 

14 to as ‘whistleblower protections’) to protect 

15 individuals who make a disclosure de16 scribed in clause (i) from retaliatory or 

17 other adverse personnel actions in connec18 tion with such disclosures; and 

19 ‘‘(B) publicizes the existence of the pro20 gram and whistleblower protections described in 

21 subparagraph (A). 

22 ‘‘(2) CERTIFICATION OF OVERSIGHT AND AC23 COUNTABILITY.— 

24 ‘‘(A) CERTIFICATION REQUIRED.—A law 

25 enforcement agency may not receive a restricted 


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1 item purchased using covered funds, or directly 

2 or indirectly receive covered funds to purchase 

3 a restricted item, unless the head of the law en4 forcement agency submits to the Administrator 

5 a written certification (in the form of a memo6 randum of understanding, memorandum of 

7 agreement, or letterhead correspondence) that 

8 an entity that does not report to the head of 

9 the law enforcement agency is authorized— 

10 ‘‘(i) to receive any complaints regard11 ing the use of any equipment and funds of 

12 the law enforcement agency; 

13 ‘‘(ii) to periodically review and assess 

14 the use of such equipment and funds by 

15 the law enforcement agency; and 

16 ‘‘(iii) to make recommendations to the 

17 law enforcement agency regarding the use 

18 of such equipment and funds by the law 

19 enforcement agency that are either— 

20 ‘‘(I) non-binding in character; or 

21 ‘‘(II) binding in character, if au22 thorized by— 

23 ‘‘(aa) a law or ordinance 

24 governing the law enforcement 

25 agency or the entity; or 


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1 ‘‘(bb) an agreement between 

2 the law enforcement agency and 

3 organizations representing law 

4 enforcement officers of the law 

5 enforcement agency. 

6 ‘‘(B) DISCHARGE THROUGH EXISTING EN7 TITIES.—A law enforcement agency may satisfy 

8 the requirement in subparagraph (A) through 

9 an entity that exists as of the date of the enact10 ment of the Protecting Communities and Police 

11 Act of 2015, including an independent review 

12 board, a Federal, State, or local inspector gen13 eral, a Federal, State, county, or city attorney 

14 general, a district attorney, the Federal Bureau 

15 of Investigation or another Federal agency, a 

16 State agency, a State or local governing body 

17 (such as a city council or county commission), 

18 a law enforcement council, or an independent 

19 entity established by one or more such officials, 

20 agencies, or entities on behalf of one or more 

21 law enforcement agencies. 

22 ‘‘(g) SUSPENSION AND TERMINATION.— 

23 ‘‘(1) FOR LOST OR STOLEN ITEMS.—As a con24 dition of receiving a grant under section 2003 or 

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1 ble tribe shall implement procedures under which, if 

2 a restricted item that was purchased using covered 

3 funds and is in the possession of a law enforcement 

4 agency is lost, stolen, or misappropriated— 

5 ‘‘(A) on the first occurrence, and after the 

6 law enforcement agency is provided with notice 

7 and the opportunity to contest the allegation, 

8 the eligibility of the law enforcement agency to 

9 receive covered funds to purchase a restricted 

10 item, or to receive a restricted item purchased 

11 using covered funds, shall be suspended for a 

12 period of not less than 6 months; and 

13 ‘‘(B) on the subsequent occurrence, and 

14 after the law enforcement agency is provided 

15 with notice and the opportunity to contest the 

16 allegation, the eligibility of the law enforcement 

17 agency to receive covered funds or receive a re18 stricted item purchased using covered funds 

19 shall be suspended for a period of not less than 

20 5 years. 

21 ‘‘(2) INTENTIONAL FALSIFICATION OF INFOR22 MATION.—As a condition of receiving a grant under 

23 section 2003 or 2004, a State, high-risk urban area, 

24 or directly eligible tribe shall implement procedures 

25 under which the eligibility of a law enforcement 


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1 agency to receive covered funds, or to receive a re2 stricted item purchased using covered funds, shall, if 

3 the law enforcement agency is determined to have 

4 intentionally falsified any information relating to the 

5 purchase or receipt of a restricted item, and after 

6 the law enforcement agency is provided with notice 

7 and the opportunity to contest the allegation, be sus8 pended for a period of not less than 5 years. 

9 ‘‘(3) DISCLOSURE TO ADMINISTRATOR.—Each 

10 State, high-risk urban area, or directly eligible tribe 

11 that receives a grant under section 2003 or 2004 

12 shall submit to the Administrator an annual report 

13 that describes each law enforcement agency that is 

14 ineligible, due to a suspension or termination under 

15 paragraph (1) or (2), to receive covered funds to 

16 purchase a restricted item, or to receive a restricted 

17 item purchased using covered funds. 

18 ‘‘(h) LAW ENFORCEMENT EXPERTISE.— 

19 ‘‘(1) DEFINITION.—In this subsection, the term 

20 ‘covered grant application’ means a grant applica21 tion under section 2003 or 2004 that proposes to— 

22 ‘‘(A) use funds for the purchase of a re23 stricted item for use by a law enforcement 

24 agency; or 


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1 ‘‘(B) provide funds to a law enforcement 

2 agency for the purchase of a restricted item. 

3 ‘‘(2) APPOINTMENT.—The Administrator shall 

4 appoint individuals with expertise in State, county, 

5 or local law enforcement agency functions to assist 

6 the Administrator in— 

7 ‘‘(A) determining which items are appro8 priate for inclusion on the law enforcement 

9 equipment list; and 

10 ‘‘(B) assessing covered grant applications. 

11 ‘‘(3) NUMBER OF INDIVIDUALS.—The Adminis12 trator shall appoint as many individuals under para13 graph (2) as necessary to ensure that— 

14 ‘‘(A) not less that 1 such individual as15 sesses each covered grant application; and 

16 ‘‘(B) the involvement of such individuals in 

17 the process of assessing covered grant applica18 tions does not substantially delay the process. 

19 ‘‘(4) MANAGERIAL EXPERIENCE PREFERRED.— 

20 In appointing individuals under paragraph (2), the 

21 Administrator shall give preference to individuals 

22 with law enforcement managerial experience.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 The table of contents in section 1(b) of the Homeland Se25 curity Act of 2002 (Public Law 107–96; 116 Stat. 2135) 


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1 is amended by inserting after the item relating to section 

2 2008 the following: 

‘‘Sec. 2009. Use of funds by law enforcement.’’. 

3 SEC. 1049. MODIFICATION OF AUTHORITY TO TRANSFER 

4 DEPARTMENT OF DEFENSE PROPERTY FOR 

5 LAW ENFORCEMENT ACTIVITIES. 

6 (a) RESTATEMENT AND MODIFICATION OF CURRENT

7 AUTHORITY FOR TRANSFER FOR STATE AND LOCAL LAW

8 ENFORCEMENT ACTIVITIES.—Section 2576a of title 10, 

9 United States Code, is amended to read as follows: 

10 ‘‘§ 2576a. Excess personal property: sale or donation 

11 of certain controlled defense items for 

12 State or local law enforcement activities 

13 ‘‘(a) TRANSFER AUTHORIZED.—Notwithstanding 

14 any other provision of law and subject to the provisions 

15 of this section, the Secretary of Defense may transfer to 

16 State and local law enforcement agencies for law enforce17 ment activities controlled defense items of the Department 

18 of Defense, including small arms and ammunition, that 

19 are determined in accordance with subsection (f) to be eli20 gible defense items for purposes of this section. 

21 ‘‘(b) NO TRANSFER OF ITEMS REQUESTED BY FED22 ERAL AGENCIES.—An item may not be transferred under 

23 this section if requested for transfer by a Federal agency 

24 under section 2576b of this title. 


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1 ‘‘(c) CONDITIONS FOR TRANSFER.—The Secretary of 

2 Defense may transfer items under this section only if— 

3 ‘‘(1) the items are drawn from existing stocks 

4 of the Department of Defense; 

5 ‘‘(2) the recipient accepts the items on an as6 is, where-is basis; 

7 ‘‘(3) the transfer is made without the expendi8 ture of any funds available to the Department of 

9 Defense for the procurement of defense equipment; 

10 ‘‘(4) all costs incurred subsequent to the trans11 fer of the items are borne or reimbursed by the re12 cipient; and 

13 ‘‘(5) the recipient agrees to comply with any in14 ventory, accountability, reporting, and disposal re15 quirements prescribed in the regulations for pur16 poses of this section under subsection (g). 

17 ‘‘(d) CONSIDERATION.—Subject to subsection (c)(4), 

18 the Secretary of Defense may transfer items under this 

19 section without charge to the recipient agency. 

20 ‘‘(e) ASSISTANCE FOR DIRECTOR OF DLA IN DIS21 CHARGE OF CERTAIN FUNCTION BY EXPERTS IN LAW

22 ENFORCEMENT ACTIVITIES.— 

23 ‘‘(1) IN GENERAL.—The Director of the De24 fense Logistics Agency shall employ in the Defense 

25 Logistics Agency individuals with expertise in law 


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1 enforcement to assist the Director in the discharge 

2 of the functions specified in paragraph (2). The Di3 rector shall ensure that the number of individuals so 

4 employed is sufficient to ensure the timely assess5 ment of applications described in paragraph (2)(A) 

6 in order to ensure that no delay occurs in the trans7 fer of eligible defense items under this section by 

8 reason of such assessments. The Director shall ac9 cord a preference in the employment under this 

10 paragraph of individuals with experience in law en11 forcement management. 

12 ‘‘(2) FUNCTIONS.—Individuals employed under 

13 this subsection shall assist the Director in the fol14 lowing: 

15 ‘‘(A) The assessment of applications of 

16 State and local law enforcement agencies for 

17 the transfer of eligible defense items in accord18 ance with subsection (j)(3). 

19 ‘‘(B) The determination whether controlled 

20 defense items that are not eligible for treatment 

21 as eligible defense items under this section will 

22 be useful in preventing or mitigating damage 

23 resulting from an actionable threat to national 

24 security for purposes of subsection (h)(1). 


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1 ‘‘(f) DETERMINATION AND NOTICE TO PUBLIC ON

2 ELIGIBLE DEFENSE ITEMS.— 

3 ‘‘(1) CONTROLLED DEFENSE ITEMS APPRO4 PRIATE FOR TREATMENT AS ELIGIBLE DEFENSE

5 ITEMS.—The Secretary of Defense shall, acting 

6 through the Director of the Defense Logistics Agen7 cy, maintain, and periodically update, a list of cur8 rent controlled defense items that are appropriate 

9 for treatment as eligible defense items for purposes 

10 of this section. 

11 ‘‘(2) DETERMINATION OF CONTROLLED DE12 FENSE ITEMS AS ELIGIBLE DEFENSE ITEMS.—The 

13 Director shall, in consultation with the task force 

14 appointed pursuant to section 4 of the Protecting 

15 Communities and Police Act of 2015 and in accord16 ance with the regulations for purposes of this section 

17 under subsection (g), identify controlled defense 

18 items that are appropriate for treatment as eligible 

19 defense items for purposes of this section by identi20 fying controlled defense items that— 

21 ‘‘(A) can be readily put to civilian use by 

22 State and local law enforcement agencies; and 

23 ‘‘(B) are suitable for transfer to State and 

24 local law enforcement agencies pursuant to this 

25 section. 


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1 ‘‘(3) AVAILABILITY TO PUBLIC OF ELIGIBLE

2 DEFENSE ITEMS LIST.—Upon a determination pur3 suant to paragraph (2) of controlled defense items 

4 to be treated as eligible defense items for purposes 

5 of this section, the Director shall make available to 

6 the public, on an Internet website of the Department 

7 of Defense available to the public, a list of all con8 trolled defense items currently treated as eligible de9 fense items for purposes of this section. The Inter10 net website may be a current website of the Depart11 ment or a website of the Department established 

12 and maintained for purposes of this section. 

13 ‘‘(g) REQUIREMENTS AND LIMITATIONS ON DETER14 MINATIONS OF CONTROLLED DEFENSE ITEMS AS ELIGI15 BLE DEFENSE ITEMS.— 

16 ‘‘(1) REGULATIONS.— 

17 ‘‘(A) REGULATIONS REQUIRED.—The de18 termination under subsection (f)(2) whether a 

19 controlled defense item is an eligible defense 

20 item for purposes of this section shall be made 

21 in accordance with criteria and requirements 

22 set forth in regulations prescribed by the Direc23 tor of the Defense Logistics Agency, in con24 sultation with the task force appointed pursu25 ant to section 4 of the Protecting Communities 


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1 and Police Act of 2015. Public notice and com2 ment shall not be required in connection with 

3 any such determination unless otherwise re4 quired by such regulations. 

5 ‘‘(B) PERIODIC REVIEW REQUIRED.—The 

6 Director shall, in consultation with the task 

7 force, review and revise the regulations for pur8 poses of this section not less often than once 

9 every five years. 

10 ‘‘(C) MANNER OF PRESCRIPTION.—In pre11 scribing or revising regulations under this para12 graph, the Director shall publish a written 

13 statement from the task force on the extent of 

14 its approval of such regulations as so prescribed 

15 or revised. 

16 ‘‘(D) TECHNOLOGICAL ADVANCES.—The 

17 Director may, in consultation with the task 

18 force, update the regulations for purposes of 

19 this section without regard to formal rule20 making requirements if necessary to respond to 

21 technological advances and the development of 

22 new models of items on the list of controlled de23 fense items determined by the Director under 

24 subsection (f)(2) to be eligible defense items for 

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1 ulations, the Director shall publish a written 

2 statement on the extent of the approval of the 

3 task force of the regulations as so revised. 

4 ‘‘(2) AUTHORIZED ELEMENTS.—The regula5 tions for purposes of this section may include the 

6 following: 

7 ‘‘(A) Tiers of eligibility of State or local 

8 law enforcement agencies for transfers of eligi9 ble defense items based on types of items, need 

10 of law enforcement agencies for particular 

11 items, size and capabilities of law enforcement 

12 agencies, or such other factors as the Director, 

13 in consultation with the task force referred to 

14 in paragraph (1)(B), may specify in the regula15 tions. 

16 ‘‘(B) Restrictions on the numbers or types 

17 of eligible defense items that may be trans18 ferred to a particular State or local law enforce19 ment agency, within a particular period of time, 

20 to law enforcement agencies in a particular re21 gion, or such other factors as the Director, in 

22 consultation with the task force, may specify in 

23 regulations. 

24 ‘‘(C) Restrictions on the use of particular 

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1 forcement agencies based on size, capability, or 

2 such other factors the Director, in consultation 

3 with the task force, may specify in the regula4 tions. 

5 ‘‘(D) Such inventory, accountability, re6 porting, and disposal requirements regarding el7 igible defense items transferred under this sec8 tion as the Director, in consultation with the 

9 task force, considers appropriate. 

10 ‘‘(E) Requirements for memoranda of un11 derstanding or other appropriate agreements in 

12 the case of joint use of eligible defense items 

13 transferred under this section by more than one 

14 State or local law enforcement agency. 

15 ‘‘(3) PROHIBITION ON TREATMENT OF CERTAIN

16 ITEMS AS ELIGIBLE DEFENSE ITEMS.—The regula17 tions for purposes of this section shall prohibit the 

18 treatment as eligible defense items for purposes of 

19 this section of the following: 

20 ‘‘(A) Mine Resistant Ambush Protected 

21 (MRAP) vehicles. 

22 ‘‘(B) Remotely piloted aircraft that are ar23 mored, weaponized, or both. 


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1 ‘‘(C) Aircraft that are combat configured 

2 or combat coded or have no established com3 mercial flight application. 

4 ‘‘(D) Bayonets. 

5 ‘‘(E) Tasers developed primarily for use by 

6 the military. 

7 ‘‘(F) Any controlled defense item that can8 not be purchased by State or local law enforce9 ment agencies in the private sector. 

10 ‘‘(G) Any other controlled defense item de11 termined by the Director to be unsuitable for 

12 use by State or local law enforcement agencies. 

13 ‘‘(4) APPROVAL REQUIRED BEFORE TRANSFER

14 OF CERTAIN ITEMS.— 

15 ‘‘(A) IN GENERAL.—If any item specified 

16 in subparagraph (B) is an eligible defense item 

17 for purposes of this section, such item may not 

18 be transferred under this section without the 

19 approval of the Director, in consultation with 

20 an individual employed pursuant to subsection 

21 (e). 

22 ‘‘(B) ITEMS.—The items specified in this 

23 subparagraph are the following: 

24 ‘‘(i) Weapons over .50 caliber. 


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1 ‘‘(ii) Grenades, flash bang grenades, 

2 grenade launchers, and grenade launcher 

3 attachments. 

4 ‘‘(iii) Tactical military vehicles. 

5 ‘‘(5) LIMITATIONS ON TRANSFER OF TACTICAL

6 MILITARY VEHICLES TO SMALL LAW ENFORCEMENT

7 AGENCIES.—The regulations for purposes of this 

8 section shall limit the transfer of tactical military ve9 hicles to a State or local law enforcement agency 

10 with 10 or fewer sworn law enforcement officers as 

11 follows: 

12 ‘‘(A) If the law enforcement agency has 

13 one or more functioning tactical military vehi14 cles, a tactical military vehicle may not be 

15 transferred to the agency. 

16 ‘‘(B) If the law enforcement agency does 

17 not have a functioning tactical military vehicle, 

18 not more than one tactical military vehicle may 

19 be transferred to the agency. 

20 ‘‘(C) If the law enforcement agency is the 

21 designated procurement agency for a multi-ju22 risdictional joint-use agreement, not more than 

23 1 tactical military vehicle may be transferred to 

24 the agency for every 10 sworn law enforcement 

25 officers covered by the joint-use agreement. 


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1 ‘‘(6) LIMITATION ON TRANSFER OF CAMOU2 FLAGE UNIFORMS OR CLOTHING.—The regulations 

3 for purposes of this section shall prohibit the trans4 fer of camouflage uniforms or clothing to a State or 

5 law enforcement agency unless the law enforcement 

6 agency certifies that its geographic area of jurisdic7 tion contains environments that may require the use 

8 of camouflage uniforms or clothing. 

9 ‘‘(7) PROHIBITIONS ON TRANSFER OF ITEMS

10 FOR USE BY SMALL SWAT TEAMS.—The regulations 

11 for purposes of this section shall prohibit the trans12 fer of eligible defense items under this section for 

13 use by any SWAT team as follows: 

14 ‘‘(A) A SWAT team composed of fewer 

15 than 17 sworn law enforcement officers. 

16 ‘‘(B) A SWAT team composed entirely of 

17 members from a single State or local law en18 forcement agency that has fewer than 35 sworn 

19 law enforcement officers. 

20 ‘‘(C) A SWAT team composed of members 

21 from 2 or more State or local law enforcement 

22 agencies which agencies have, in aggregate, 

23 fewer than 35 sworn law enforcement officers. 


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1 ‘‘(8) PROHIBITION ON TRANSFER OF CERTAIN

2 ITEMS TO LAW ENFORCEMENT AGENCIES UNDER

3 CONSENT DECREES.— 

4 ‘‘(A) IN GENERAL.—The regulations for 

5 purposes of this section shall prohibit the trans6 fer of items specified in subparagraph (B) to a 

7 State or local law enforcement agency for which 

8 a consent decree is in effect between the United 

9 States and the law enforcement agency, or that 

10 is under investigation by the Department of 

11 Justice, relating to civil rights abuses or exces12 sive use of force. 

13 ‘‘(B) ITEMS.—The items specified in this 

14 subparagraph are the following: 

15 ‘‘(i) Weapons. 

16 ‘‘(ii) Tactical military vehicles. 

17 ‘‘(9) TRANSFER TO LOCAL EDUCATION AGEN18 CIES.— 

19 ‘‘(A) PROHIBITION ON TRANSFER.—The 

20 regulations for purposes of this section shall 

21 prohibit the transfer of eligible defense items to 

22 any local educational agency or law enforcement 

23 agency affiliated with a local educational agency 

24 as follows: 


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1 ‘‘(i) A local educational agency that is 

2 served by a State or local law enforcement 

3 agency that— 

4 ‘‘(I) is unaffiliated with the local 

5 educational agency; and 

6 ‘‘(II) has items or equipment 

7 identical or similar to the eligible de8 fense items otherwise to be trans9 ferred. 

10 ‘‘(ii) A local educational agency that 

11 is served by one or more State or local law 

12 enforcement agencies that are unaffiliated 

13 with the local educational agency if no 

14 such serving agency will agree to store and 

15 maintain the eligible defense items for the 

16 local educational agency. 

17 ‘‘(B) LIMITATION ON USE OF FUNDS.— 

18 The regulations for purposes of this section 

19 shall provide that a local educational agency 

20 transferred an eligible defense item under this 

21 section may not use funds of the local edu22 cational agency— 

23 ‘‘(i) to transport the item to the dis24 trict of the local educational agency; or 

25 ‘‘(ii) to maintain the item. 


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1 ‘‘(10) PROHIBITION ON REQUIREMENT FOR

2 TIMELY USE OF TRANSFERRED ITEMS.—The regula3 tions for purposes of this section may not require 

4 the use of an eligible defense item transferred under 

5 this section within one year of the receipt of the 

6 item by the State or local law enforcement agency 

7 concerned. 

8 ‘‘(h) NATIONAL SECURITY EXCEPTION FOR TRANS9 FER OF CERTAIN CONTROLLED DEFENSE ITEMS NOT

10 TREATABLE AS ELIGIBLE DEFENSE ITEMS.— 

11 ‘‘(1) THREATS TO NATIONAL SECURITY.—The 

12 regulations for purposes of this section under sub13 section (g) shall permit the transfer of a controlled 

14 defense item that is not treated as an eligible de15 fense item for purposes of this section if— 

16 ‘‘(A) there is an actionable threat to na17 tional security; and 

18 ‘‘(B) the Director of the Defense Logistics 

19 Agency, in consultation with individuals em20 ployed pursuant to subsection (e), determines 

21 that the item will be useful in preventing or 

22 mitigating damage resulting from the threat de23 scribed in subparagraph (A). 

24 ‘‘(2) UPDATE TO LIST.—If an actionable threat 

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1 trolled defense item under this subsection, the Direc2 tor shall revise the regulations for purposes of this 

3 section to treat the controlled defense item as an eli4 gible defense item for purposes of this section as 

5 soon as practicable. A transfer of a controlled de6 fense item may occur in accordance with paragraph 

7 (1) regardless of whether the update to the regula8 tions for purposes of this section has been made 

9 under this paragraph at the time of transfer. 

10 ‘‘(3) APPLICABILITY OF OTHER REQUIRE11 MENTS.—If an actionable threat to national security 

12 justifies the transfer of a controlled defense item 

13 under this subsection, any requirements, prohibi14 tions, and limitations otherwise applicable to the 

15 transfer of the item as an eligible defense item 

16 under this section shall not apply to the transfer of 

17 the item under this subsection. 

18 ‘‘(4) DISPOSITION OF ITEMS AFTER THREAT.— 

19 Upon the cessation of the threat to national security 

20 for which a controlled defense item is transferred 

21 under this subsection, the State or local law enforce22 ment agency receiving the item shall— 

23 ‘‘(A) arrange for the storage of the item 

24 with the National Guard of the State con25 cerned; or 


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1 ‘‘(B) if arrangements under subparagraph 

2 (A) cannot be made, transfer the item to the 

3 Director. 

4 ‘‘(i) NOTICE TO LAW ENFORCEMENT AGENCIES ON

5 AVAILABLE STOCKS OF ELIGIBLE DEFENSE ITEMS.— 

6 ‘‘(1) DLA REVIEW AND NOTICE ON DOD

7 STOCKS.—The Director of the Defense Logistics 

8 Agency shall periodically review the existing stocks 

9 of the Department of Defense in order to identify 

10 the type and quantity, if any, of surplus stocks of 

11 the Department of items that are currently treated 

12 as eligible defense items for purposes of this section. 

13 ‘‘(2) NOTICE TO LAW ENFORCEMENT AGENCIES

14 ON AVAILABLE STOCKS OF ITEMS.—The Director 

15 shall make information on the results of reviews 

16 under paragraph (1) available to the public on the 

17 Internet website of the Department referred to in 

18 subsection (f)(3). 

19 ‘‘(j) MECHANISMS OF TRANSFER OF ELIGIBLE DE20 FENSE ITEMS TO LAW ENFORCEMENT AGENCIES.— 

21 ‘‘(1) APPLICATION.—A State or local law en22 forcement agency seeking transfer of eligible defense 

23 items pursuant to this section shall submit an appli24 cation therefore to the State Coordinator for the 

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1 cated. The application shall include a statement of 

2 the need of the agency for the items and the infor3 mation specified in subsection (l). 

4 ‘‘(2) STATE COORDINATOR REVIEW.—A State 

5 Coordinator shall review, and approve or disapprove, 

6 each application submitted to the State Coordinator 

7 under paragraph (1). In determining whether to ap8 prove or disapprove an application, a State Coordi9 nator shall apply all criteria applicable to the appli10 cation in the regulations for purposes of this section 

11 under subsection (g). A State Coordinator shall 

12 transmit each such application, whether approved or 

13 disapproved, to the Director of the Defense Logistics 

14 Agency, together with the information specified in 

15 subsection (l). 

16 ‘‘(3) DIRECTOR OF DLA REVIEW OF APPROVED

17 APPLICATIONS.—The Director shall review, and ap18 prove or disapprove, each application transmitted to 

19 the Director pursuant to paragraph (2) that is ap20 proved by a State Coordinator under that para21 graph. As part of the review of each application, the 

22 Director shall obtain an assessment of such applica23 tion by an individual employed pursuant to sub24 section (e). 


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1 ‘‘(4) DISCHARGE OF TRANSFER.—The Director 

2 and the State Coordinator concerned shall jointly 

3 carry out the transfer of eligible defense items cov4 ered by applications approved by the Director under 

5 this subsection. 

6 ‘‘(k) PUBLIC NOTICE ON REQUESTS FOR TRANS7 FERS.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), a State or local law enforcement agency 

10 requesting transfer of an eligible defense item under 

11 this section, including pursuant to interagency trans12 fer under subsection (r), shall— 

13 ‘‘(A) publish notice to the public on such 

14 request, including the information specified in 

15 subsection (l) (other than paragraphs (7), (11), 

16 (12), and (16) of that subsection, and with any 

17 personally identifiable information otherwise re18 quired by paragraphs (17) and (18) of that 

19 subsection redacted) if such information is not 

20 otherwise available to the public; and 

21 ‘‘(B) obtain approval of the request by the 

22 State or political subdivision of a State of which 

23 the law enforcement agency is an agency. 

24 ‘‘(2) EXCEPTION.— 


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1 ‘‘(A) ITEMS FOR UNDERCOVER OPER2 ATIONS.—A State or local law enforcement 

3 agency requesting transfer of an eligible defense 

4 item is not required to comply with paragraph 

5 (1) if the item requested is for an active under6 cover operation. 

7 ‘‘(B) ALTERNATIVE NOTICE REQUIRE8 MENT.—A State or local law enforcement agen9 cy receiving an item under this section pursuant 

10 to a request covered by subparagraph (A) shall 

11 publish public notice of the request not later 

12 than 10 business days after the conclusion of 

13 the undercover operation for which the item 

14 was requested. 

15 ‘‘(l) INFORMATION IN SUPPORT OF APPLICATIONS.— 

16 The application of a State or local law enforcement agency 

17 for the transfer of eligible defense items under subsection 

18 (j)(1), and the transmittal of the State Coordinator con19 cerned to the Director of the Defense Logistics Agency 

20 with respect to the application pursuant to subsection 

21 (j)(2), shall include with the application a statement of 

22 the need of the law enforcement agency for the items as 

23 described in subsection (j)(1), which shall include the fol24 lowing: 


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1 ‘‘(1) The type and amount of each item being 

2 requested. 

3 ‘‘(2) The name of the law enforcement agency. 

4 ‘‘(3) The number of sworn law enforcement of5 ficers of the law enforcement agency. 

6 ‘‘(4) The number, if any, of items similar to the 

7 items being requested that the law enforcement 

8 agency has in good working condition. 

9 ‘‘(5) The amount and type of items, if any, that 

10 the law enforcement agency has that were purchased 

11 using funds from— 

12 ‘‘(A) the Urban Area Security Initiative 

13 authorized under section 2003 of the Homeland 

14 Security Act of 2002 (6 U.S.C. 604); 

15 ‘‘(B) the State Homeland Security Grant 

16 Program authorized under section 2004 of the 

17 Homeland Security Act of 2002 (6 U.S.C. 605); 

18 or 

19 ‘‘(C) the Edward Byrne Memorial Justice 

20 Assistance Grant Program under subpart 1 of 

21 part E of title I of the Omnibus Crime Control 

22 and Safe Streets Act of 1968 (42 U.S.C. 3750 

23 et seq.). 

24 ‘‘(6) The use of force policy of the law enforce25 ment agency. 


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1 ‘‘(7) Whether the law enforcement agency in2 tends for SWAT teams to use the requested items, 

3 and, if so, the deployment policies of the law en4 forcement agency for SWAT teams. 

5 ‘‘(8) Whether the law enforcement agency has 

6 or plans to adopt a memorandum of understanding 

7 or other joint use agreement for the shared use of 

8 the requested items with any other law enforcement 

9 agency. 

10 ‘‘(9) The capability gap to be filled by the items 

11 requested, and a description of the proposed use of 

12 the items by the law enforcement agency. 

13 ‘‘(10) Whether a consent decree is in effect be14 tween the United States and the law enforcement 

15 agency relating to civil rights abuses or excessive use 

16 of force. 

17 ‘‘(11) Whether the law enforcement agency is 

18 currently under investigation, or has been under in19 vestigation in the last 10 years, by the Department 

20 of Justice, an inspector general, or any equivalent 

21 State or local entity for civil rights abuses or exces22 sive use of force. 

23 ‘‘(12) Whether the chief of police of the law en24 forcement agency has ever been determined by the 

25 Department of Justice, an inspector general, or any 


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1 equivalent State or local entity to have engaged in 

2 civil rights abuses or excessive use of force. 

3 ‘‘(13) Whether the law enforcement agency re4 quested funds from a regional, State, or local polit5 ical entity to purchase the requested items, and— 

6 ‘‘(A) if so and the request was denied, a 

7 statement of the reason or reasons for such de8 nial; or 

9 ‘‘(B) if not, a statement of the reason or 

10 reasons the law enforcement agency did not. 

11 ‘‘(14) Such other information on the recent 

12 record of the law enforcement agency regarding civil 

13 rights and the excessive use of force as the Director 

14 shall specify in the regulations for purposes of this 

15 section. 

16 ‘‘(15) An executed maintenance requirement re17 lease acknowledging that the law enforcement agen18 cy understands and accepts responsibility for all 

19 costs associated with the upkeep of the items. 

20 ‘‘(16) Detailed documentation on the manner in 

21 which the law enforcement agency will provide for 

22 the storage and security of the items. 

23 ‘‘(17) A description of the policies and proce24 dures of the law enforcement agency for use of the 

25 items, including who will have authority over the use 


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1 of the items and an organizational chart, and the 

2 names and titles of agency members, who will have 

3 charge of the items. 

4 ‘‘(18) Documentation showing that the mem5 bers identified pursuant to paragraph (17) as in 

6 charge of items have been trained in the use and de7 ployment of such items within the past five years, or 

8 identifying specific training such members identified 

9 shall participate not later than 90 days after receipt 

10 of the items. 

11 ‘‘(19) Certification that any eligible defense 

12 items transferred under this section for use by a 

13 SWAT team have not been used, and will not be 

14 used, by a SWAT team engaging in routine patrol15 related incidents, non-tactical incidents, and non-tac16 tical assignments. 

17 ‘‘(20) Such other information on the law en18 forcement agency, and the application of the law en19 forcement agency, as the Director shall specify in 

20 the regulations for purposes of this section. 

21 ‘‘(m) REQUIREMENTS IN CONNECTION WITH USE OF

22 ELIGIBLE DEFENSE ITEMS BY SWAT TEAMS.— 

23 ‘‘(1) SWAT TEAM TRAINING RECORDS.—Eligi24 ble defense items may not be transferred to a State 

25 or local law enforcement agency under this section 


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1 for use by a SWAT team unless the law enforcement 

2 agency requesting such items certifies to the Direc3 tor of the Defense Logistics Agency that the law en4 forcement agency makes available to the public the 

5 training records of the SWAT team, including the 

6 course outlines of such training (except that any 

7 personally identifiable information, and all but the 

8 title and subject of such training, may be redacted). 

9 The Attorney General shall issue, and may from 

10 time to time update, nonbinding guidelines on such 

11 policies. 

12 ‘‘(2) VIDEO RECORDING OF DEPLOYMENTS.— 

13 Eligible defense items may not be transferred to a 

14 State or local law enforcement agency under this 

15 section for use by a SWAT team unless the law en16 forcement agency requesting such items certifies to 

17 the Director that a video recording shall be made of 

18 each SWAT team deployment involving the use of 

19 such items. Any video recording secured under this 

20 paragraph involving the use of force (whether deadly 

21 or otherwise) shall be retained by the law enforce22 ment agency for a period not shorter than the period 

23 of limitation in the State concerned for actions for 

24 civil rights violations under section 1979 of the Re25 vised Statutes (42 U.S.C. 1983). 


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1 ‘‘(n) POLICIES ON USE OF VIDEO RECORDING

2 EQUIPMENT AND RECORDING.— 

3 ‘‘(1) IN GENERAL.—Video recording equipment 

4 (including body cameras) may not be transferred to 

5 a State or local law enforcement agency under this 

6 section unless the law enforcement agency request7 ing such equipment certifies to the Director of the 

8 Defense Logistics Agency that the law enforcement 

9 agency has in place, and makes available to the pub10 lic, policies on the use of such equipment by law en11 forcement officers, and on securing video recordings 

12 of operations of law enforcement officers using video 

13 equipment, that meets the requirements specified in 

14 paragraph (2). 

15 ‘‘(2) POLICY REQUIREMENTS.—The require16 ments specified in this paragraph for policies de17 scribed in paragraph (1) are the following: 

18 ‘‘(A) Policies on the appropriate use of 

19 video recording equipment, including whether 

20 such equipment should be left on at all times. 

21 ‘‘(B) Mechanisms to preserve, to the extent 

22 practicable, the integrity and security of video 

23 recordings, including a description of the per24 sonnel of the law enforcement agency, and 

25 other parties, who are authorized to access the 


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1 recordings, mechanisms for the storage of re2 cordings, and measures to ensure the cybersecu3 rity of such recordings (if applicable to the stor4 age, retention, and retrieval of such recordings). 

5 ‘‘(C) Policies on the authorized and unau6 thorized public release of video recordings. 

7 ‘‘(D) A requirement that any video record8 ing of an interaction between a law enforcement 

9 officer and an individual who is not a law en10 forcement officer involving the use of force 

11 (whether deadly or otherwise) shall retained by 

12 the law enforcement agency for a period not 

13 shorter than the period of limitation in the 

14 State concerned for actions for civil rights viola15 tions under section 1979 of the Revised Stat16 utes (42 U.S.C. 1983). 

17 ‘‘(o) STATE CERTIFICATION OF INSTRUCTORS IN

18 TRAINING ON USE OF FORCE AND CERTAIN ITEMS.— 

19 ‘‘(1) CERTIFICATION OF INSTRUCTORS IN

20 TRAINING REQUIRED.—On and after the date that is 

21 three years after the date of the enactment of the 

22 Protecting Communities and Police Act of 2015 eli23 gible defense items may not be transferred to a 

24 State or local law enforcement agency of a State 

25 under this section unless the Governor of the State 


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1 (or the designee of the Governor) certifies to the Di2 rector of the Defense Logistics Agency that the 

3 State conducts a program for certifying police in4 structors in the provision of training on the use of 

5 force, and in the use of eligible defense items and 

6 special justice items, that meets the requirements 

7 specified in paragraph (2). Any instructor certified 

8 under a program conducted under section 2010 of 

9 the Homeland Security Act of 2002 shall be consid10 ered certified as a police instructor in any State for 

11 purposes of this subsection. 

12 ‘‘(2) PROGRAM REQUIREMENTS.—The require13 ments specified in this paragraph for a program de14 scribed in paragraph (1) are the following: 

15 ‘‘(A) The program shall include instruction 

16 in training on the following: 

17 ‘‘(i) The use of force by State and 

18 local law enforcement officers in the ordi19 nary course of their duties. 

20 ‘‘(ii) The use of eligible defense items 

21 and special justice items by State and local 

22 law enforcement officers in the ordinary 

23 course of their duties. 

24 ‘‘(iii) The use of eligible defense items 

25 and special justice items by SWAT teams. 


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1 ‘‘(iv) The appropriate deployment of 

2 SWAT teams. 

3 ‘‘(v) Civil rights and civil liberties. 

4 ‘‘(vi) Any other matters on the train5 ing of State and local law enforcement offi6 cers that the Governor of the State (or the 

7 designee of the Governor) considers appro8 priate. 

9 ‘‘(B) A list of the instructors who are cer10 tified pursuant to the program shall be main11 tained and published. 

12 ‘‘(3) DISCHARGE THROUGH EXISTING PRO13 GRAMS.—A State may satisfy the requirement in 

14 paragraph (1) using a program in effect on the date 

15 that is three years after the date of the enactment 

16 of the Protecting Communities and Police Act of 

17 2015 if such program satisfies the requirements in 

18 paragraph (2). 

19 ‘‘(p) TRAINING REQUIREMENTS.— 

20 ‘‘(1) MINIMUM ANNUAL TRAINING REQUIRE21 MENTS FOR LAW ENFORCEMENT OFFICERS.— 

22 ‘‘(A) IN GENERAL.—On and after the date 

23 that is three years after the date of the enact24 ment of the Protecting Communities and Police 

25 Act of 2015, eligible defense items may not be 


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1 transferred to a State or local law enforcement 

2 agency under this section unless the Governor 

3 of the State (or the designee of the Governor) 

4 certifies to the Director of the Defense Logis5 tics Agency that the State has in place min6 imum annual training requirements for all 

7 sworn law enforcement officers in the State, in8 cluding— 

9 ‘‘(i) specialized leadership training re10 quirements for heads of law enforcement 

11 agencies who have— 

12 ‘‘(I) decisionmaking authority on 

13 the deployment of SWAT teams and 

14 tactical military vehicles; or 

15 ‘‘(II) responsibility for drafting 

16 policies on the use of force and SWAT 

17 team deployment; 

18 ‘‘(ii) specialized SWAT team training 

19 requirements for all SWAT team members, 

20 including in law enforcement tactics used 

21 in tactical operations; 

22 ‘‘(iii) training in the appropriate use 

23 and deployment of tactical military vehi24 cles; and 


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1 ‘‘(iv) training on sensitivity, including 

2 training on ethnic and racial bias, cultural 

3 diversity, and police interaction with the 

4 disabled, mentally ill, and new immigrants. 

5 ‘‘(B) SATISFACTION BY RECENT HIREES.— 

6 The requirements under subparagraph (A) shall 

7 provide for the first completion of the training 

8 concerned by an individual who becomes an offi9 cer in a law enforcement agency by not later 

10 than one year after the date on which the indi11 vidual becomes an officer in the law enforce12 ment agency. 

13 ‘‘(2) STATE COORDINATORS.—On and after the 

14 date that is three years after the date of the enact15 ment of the Protecting Communities and Police Act 

16 of 2015, eligible defense items may not be trans17 ferred to a State or local law enforcement agency of 

18 a State under this section unless the Governor of the 

19 State (or the designee of the Governor) certifies to 

20 the Director of the Defense Logistics Agency that 

21 the individual who serves as a State Coordinator in 

22 the State receives on an annual basis training in the 

23 following: 

24 ‘‘(A) Inventory management. 


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1 ‘‘(B) The assessment of the needs of State 

2 and local law enforcement agencies for eligible 

3 defense items. 

4 ‘‘(3) USE OF ELIGIBLE DEFENSE ITEMS.— 

5 ‘‘(A) IN GENERAL.—On and after the date 

6 that is three years after the date of the enact7 ment of the Protecting Communities and Police 

8 Act of 2015, eligible defense items may not be 

9 transferred to a State or local law enforcement 

10 agency under this section unless the head of the 

11 law enforcement agency requesting such items 

12 certifies to the Director that any law enforce13 ment officer who is authorized to use such 

14 items will have received training on the proper 

15 law enforcement use of such items by an in16 structor certified as described in subsection (o) 

17 or section 2010 of the Homeland Security Act 

18 of 2002. 

19 ‘‘(B) SATISFACTION BY RECENT HIREES.— 

20 Training required by subparagraph (A) shall be 

21 completed by an individual who becomes a 

22 member of a State or local law enforcement 

23 agency by not later than one year after the date 

24 on which the individual becomes a member of 

25 the law enforcement agency. 


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1 ‘‘(4) SWAT TEAMS.— 

2 ‘‘(A) IN GENERAL.—On and after the date 

3 that is three years after the date of the enact4 ment of the Protecting Communities and Police 

5 Act of 2015, eligible defense items may not be 

6 transferred to a State or local law enforcement 

7 agency under this section for use by a SWAT 

8 team unless the head of the law enforcement 

9 agency requesting such items certifies to the 

10 Director that any law enforcement officer who 

11 is a member of such SWAT team will have par12 ticipated during the preceding year in tactical 

13 SWAT team training by an instructor certified 

14 as described in subsection (o) or section 2010 

15 of the Homeland Security Act of 2002 and 

16 training required pursuant to paragraph (1). 

17 ‘‘(B) SATISFACTION BY RECENT HIREES.— 

18 Training required by subparagraph (A) shall be 

19 completed by an individual who becomes a 

20 member of a SWAT team by not later than one 

21 year after the date on which the individual be22 comes a member of the SWAT team. 

23 ‘‘(q) WHISTLEBLOWER AND INDEPENDENT OVER24 SIGHT REQUIREMENTS.— 


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1 ‘‘(1) WHISTLEBLOWER REQUIREMENTS.—On 

2 and after the date that is three years after the date 

3 of the enactment of the Protecting Communities and 

4 Police Act of 2015, eligible defense items may not 

5 be transferred to a State or local law enforcement 

6 agency of a State under this section unless the Gov7 ernor of the State (or the designee of the Governor) 

8 certifies to the Director of the Defense Logistics 

9 Agency that the State— 

10 ‘‘(A) has in place— 

11 ‘‘(i) a program, including a public 

12 complaint hotline, that provides individuals 

13 the ability to disclose any waste, fraud, or 

14 abuse in connection with the use of such 

15 items; and 

16 ‘‘(ii) mechanisms (commonly referred 

17 to as ‘whistleblower protections’) to protect 

18 individuals who make a disclosure de19 scribed in clause (i) from retaliatory or 

20 other adverse personnel actions in connec21 tion with such disclosures; and 

22 ‘‘(B) publicizes the existence of the pro23 gram and whistleblower protections described in 

24 subparagraph (A). 


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1 ‘‘(2) CERTIFICATION OF OVERSIGHT AND AC2 COUNTABILITY.— 

3 ‘‘(A) CERTIFICATION REQUIRED.—Eligible 

4 defense items may not be transferred to a State 

5 or local law enforcement agency under this sec6 tion unless the head of the law enforcement 

7 agency requesting such items submits to the Di8 rector a written certification (in the form of a 

9 memorandum of understanding, memorandum 

10 of agreement, or letterhead correspondence) 

11 that an entity that is unaffiliated with the law 

12 enforcement agency is authorized— 

13 ‘‘(i) to receive any complaints regard14 ing the use of any equipment and funds of 

15 the law enforcement agency; 

16 ‘‘(ii) to periodically review and assess 

17 the use of such equipment and funds by 

18 the law enforcement agency; and 

19 ‘‘(iii) to make recommendations to the 

20 law enforcement agency regarding the use 

21 of such equipment and funds by the law 

22 enforcement agency that are either— 

23 ‘‘(I) non-binding in character; or 

24 ‘‘(II) binding in character, if au25 thorized by a law or ordinance govVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 erning the law enforcement agency or 

2 the entity or by an agreement between 

3 the governing body of the law enforce4 ment agency and organizations rep5 resenting law enforcement officers of 

6 the law enforcement agency. 

7 ‘‘(B) DISCHARGE THROUGH EXISTING EN8 TITIES.—A law enforcement agency may satisfy 

9 the requirement in subparagraph (A) through 

10 an entity that exists as of the date of the enact11 ment of the Protecting Communities and Police 

12 Act of 2015, including an independent review 

13 board, a Federal, State, or local inspector gen14 eral, a Federal, State, county, or city attorney 

15 general, a district attorney, the Federal Bureau 

16 of Investigation or another Federal agency, a 

17 State agency, a State or local governing body 

18 (such as a city council or county commission), 

19 a law enforcement council, or an independent 

20 entity established by one or more such officials, 

21 agencies, or entities on behalf of one or more 

22 law enforcement agencies. 

23 ‘‘(r) INTERAGENCY TRANSFER.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

25 State or local law enforcement agency may transfer 


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1 an eligible defense item transferred to the law en2 forcement agency under this section to another State 

3 or local law enforcement agency. 

4 ‘‘(2) APPROVAL REQUIRED.—An eligible de5 fense item may not be transferred by a State or 

6 local law enforcement agency to another law enforce7 ment agency under this subsection without the ap8 proval of the Director of the Defense Logistics 

9 Agency (or the designee of the Director). A law en10 forcement agency seeking the approval of the Direc11 tor for the transfer of an item pursuant to this para12 graph shall submit to the Director an application 

13 therefor in such form and manner as the Director 

14 shall specify in the regulations for purposes of this 

15 section under subsection (g). 

16 ‘‘(s) SUSPENSION AND TERMINATION.— 

17 ‘‘(1) FOR LOST OR STOLEN ITEMS.—In the 

18 event an item transferred to a State or local law en19 forcement agency under this section is lost, stolen, 

20 or misappropriated— 

21 ‘‘(A) in the case of an offensive weapon or 

22 ordnance— 

23 ‘‘(i) on the first occurrence in the case 

24 of the law enforcement agency, the Direc25 tor of the Defense Logistics Agency, after 


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1 providing the law enforcement agency with 

2 notice and the opportunity to contest the 

3 allegation, shall suspend the law enforce4 ment agency from eligibility for receipt of 

5 items under this section for a period of 6 

6 months; and 

7 ‘‘(ii) on any subsequent occurrence in 

8 the case of the law enforcement agency, 

9 the Director, after providing the law en10 forcement agency with notice and the op11 portunity to contest the allegation, shall 

12 suspend the law enforcement agency from 

13 eligibility for receipt of items under this 

14 section for a period of five years; and 

15 ‘‘(B) in the case of any other item— 

16 ‘‘(i) on the third occurrence in the 

17 case of the law enforcement agency, the 

18 Director, after providing the law enforce19 ment agency with notice and the oppor20 tunity to contest the allegation, shall sus21 pend the law enforcement agency from eli22 gibility for receipt of items under this sec23 tion for a period of 6 months; and 

24 ‘‘(ii) on any subsequent occurrence in 

25 the case of the law enforcement agency, 


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1 the Director, after providing the law en2 forcement agency with notice and the op3 portunity to contest the allegation, shall 

4 suspend the law enforcement agency from 

5 eligibility for receipt of items under this 

6 section for a period of three years. 

7 ‘‘(2) INTENTIONAL FALSIFICATION OF INFOR8 MATION.—In the event a State or local law enforce9 ment agency is determined by the Director (or the 

10 designee of the Director) to have intentionally fal11 sified any information in requesting or applying for 

12 items under this section, the Director, after pro13 viding the law enforcement agency with notice and 

14 the opportunity to contest the determination, shall 

15 terminate the law enforcement agency from eligi16 bility for receipt of items under this section. 

17 ‘‘(t) REPORT REQUIREMENTS.— 

18 ‘‘(1) STATE AND LOCAL LAW ENFORCEMENT

19 AGENCIES REPORT REQUIREMENTS.—Not later than 

20 one year after the date of the enactment of the Pro21 tecting Communities and Police Act of 2015 and 

22 every year thereafter, each State or local law en23 forcement agency that receives eligible defense items 

24 under this section shall submit to the Director of the 

25 Defense Logistics Agency a report setting forth an 


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1 accounting of such items. Each report of an agency 

2 shall include the following: 

3 ‘‘(A) For weapons, tactical vehicles, air4 craft, and boats, time-stamped serial numbers 

5 of the items. 

6 ‘‘(B) Such information on the status and 

7 use of such items as the Secretary of Defense 

8 requires in order to make the reports required 

9 by paragraph (2). 

10 ‘‘(2) SECRETARY OF DEFENSE REPORT RE11 QUIREMENTS.—Not later than one year after Pro12 tecting Communities and Police Act of 2015, once a 

13 year for every four years thereafter, and once every 

14 three years thereafter after such five years, the Sec15 retary of Defense shall submit to the Attorney Gen16 eral, the Secretary of Homeland Security, and Con17 gress, and make available to the public, a com18 prehensive report on the use during the preceding 

19 year of eligible defense items transferred under this 

20 section. Each report shall include the following: 

21 ‘‘(A) A description of all eligible defense 

22 items transferred under this section during the 

23 year covered by such report, including an ap24 pendix setting forth a plain English description 

25 or manufacturer make, model number, and 


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1 name of each item transferred, the quantity of 

2 each item transferred, the recipient of each 

3 item, and a brief explanation of the need for 

4 each item by the recipient. 

5 ‘‘(B) A statement of the items described in 

6 subparagraph (A) that were in new or like-new 

7 condition at the time of transfer. 

8 ‘‘(C) For each type of eligible defense item 

9 transferred under this section during the year 

10 covered by such report, the quantity, if any, of 

11 the same or a similar item purchased by the 

12 Department of Defense during the prior fiscal 

13 year. 

14 ‘‘(D) The number of requests for transfer 

15 of eligible defense items during the year covered 

16 by such report that were approved by State Co17 ordinators and the Director of the Defense Lo18 gistics Agency. 

19 ‘‘(E) The number of requests for transfer 

20 of eligible defense items during the year covered 

21 by such report that were approved by State Co22 ordinators but denied by the Director, and, for 

23 each such request, a statement of the type of 

24 item requested and the reason or reasons for 

25 the denial. 


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1 ‘‘(F) The number of requests for transfer 

2 of eligible defense items during the year covered 

3 by such report that were denied by State Coor4 dinators, and, for each such request, a state5 ment of the type of item requested and the rea6 son or reasons for the denial. 

7 ‘‘(u) CONSTRUCTION WITH OTHER DLA AUTHOR8 ITY.—Nothing in this section shall be construed to over9 ride, alter, or supersede the authority of the Director of 

10 the Defense Logistics Agency to dispose of property of the 

11 Department of Defense that is not a controlled defense 

12 item to law enforcement agencies under another other pro13 vision of law. 

14 ‘‘(v) NON-CONTROLLED DEFENSE ITEMS TO LAW

15 ENFORCEMENT AGENCIES.—Notwithstanding any provi16 sion of chapter 5 of title 40 or any other provision of law, 

17 the Administrator of General Services shall accord a pri18 ority in the disposal of excess and surplus items and equip19 ment of the Department of Defense that are not controlled 

20 defense items to law enforcement agencies. 

21 ‘‘(w) DEFINITIONS.—In this section: 

22 ‘‘(1) The term ‘controlled defense item’ means 

23 property of the Department of Defense that is sub24 ject to the restrictions of the United States Muni25 tions List (22 Code of Federal Regulations Part 


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1 121) or the Commerce Control List (15 Code of 

2 Federal Regulations Part 774). 

3 ‘‘(2) The term ‘eligible defense item’ means a 

4 controlled defense item that is eligible for transfer to 

5 a law enforcement agency pursuant to this section. 

6 ‘‘(3) The term ‘law enforcement council’ means 

7 a consortium of law enforcement agencies operating 

8 in a partnership within a region to promote and en9 hance public safety. 

10 ‘‘(4) The term ‘local educational agency’ has 

11 the meaning given that term in section 8013(9) of 

12 the Elementary and Secondary Education Act of 

13 1965 (20 U.S.C. 7713(9)). 

14 ‘‘(5) The term ‘special justice item’ has the 

15 meaning given that term in section 509(a) of the 

16 Omnibus Crime Control and Safe Streets Act of 

17 1968. 

18 ‘‘(6) The term ‘State Coordinator’ means an in19 dividual appointed by the Governor of a State— 

20 ‘‘(A) to manage requests of State and local 

21 law enforcement agencies of the State for eligi22 ble defense items; and 

23 ‘‘(B) to ensure the appropriate use of eligi24 ble defense items transferred under this section 

25 by such law enforcement agencies. 


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1 ‘‘(7) The term ‘State or local law enforcement 

2 agency’ means a State or local agency or entity with 

3 law enforcement officers that have arrest and appre4 hension authority and whose primary function is to 

5 enforce the laws. The term includes a local edu6 cational agency with such officers. The term does 

7 not include a firefighting agency or entity. 

8 ‘‘(8) The term ‘SWAT team’ means a Special 

9 Weapons and Tactics team or other specialized tac10 tical team composed of State or local sworn law en11 forcement officers. 

12 ‘‘(9) The term ‘tactical military vehicle’ means 

13 an armored vehicle having military characteristics 

14 resulting from military research and development 

15 processes, designed primarily for use by forces in the 

16 field in direction connection with, or support of, 

17 combat or tactical operations.’’. 

18 (b) LIMITATIONS ON TRANSFER OF CERTAIN ITEMS

19 PENDING ACHIEVEMENT OF CERTAIN PROGRAM MILE20 STONES.— 

21 (1) LIMITATION PENDING EMPLOYMENT OF

22 LAW ENFORCEMENT EXPERTS IN DLA.—No item de23 scribed in paragraph (4) may be transferred under 

24 section 2576a of title 10, United States Code (as 

25 amended by subsection (a)), until the employment in 


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1 the Defense Logistics Agency of law enforcement ex2 perts required by subsection (e) of such section. 

3 (2) DELAYED LIMITATION PENDING APPOINT4 MENT OF TASK FORCE.—Effective as of the date 

5 that is one year after the date of the enactment of 

6 this Act, no item described in paragraph (4) may be 

7 transferred under section 2576a of title 10, United 

8 States Code (as so amended), until the appointment 

9 of the task force required by section 4 of this Act. 

10 (3) DELAYED LIMITATION PENDING PUBLICA11 TION OF LIST OF ELIGIBLE DEFENSE ITEMS.—Ef12 fective as of the date that is two years after the date 

13 of the enactment of this Act, no item described in 

14 paragraph (4) may be transferred under section 

15 2576a of title 10, United States Code (as so amend16 ed), until the publication under subsection (f)(3) of 

17 such section of the items determined to be eligible 

18 defense items for purposes of such section. 

19 (4) COVERED ITEMS.—An item described in 

20 this paragraph is the following: 

21 (A) A controlled defense item. 

22 (B) An eligible defense item. 

23 (C) An item specified in section 

24 2576a(g)(4)(B) of title 10, United States Code 

25 (as so amended). 


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1 (5) DEFINITIONS.—In this subsection, the 

2 terms ‘‘controlled defense item’’ and ‘‘eligible de3 fense item’’ have the meaning given such terms in 

4 section 2576a(w) of title 10, United States Code (as 

5 so amended). 

6 (c) RESTATEMENT AND MODIFICATION OF CURRENT

7 AUTHORITY FOR TRANSFER FOR FEDERAL LAW EN8 FORCEMENT ACTIVITIES.—Chapter 153 of title 10, 

9 United States Code, is amended— 

10 (1) by redesignating section 2576b as section 

11 2576d; and 

12 (2) by inserting after section 2576a (as amend13 ed by subsection (a)) the following new sections: 

14 ‘‘§ 2576b. Excess personal property: sale or donation 

15 of certain non-controlled defense items 

16 for State or local law enforcement activi17 ties 

18 ‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding 

19 any other provision of law and subject to subsection (b), 

20 the Secretary of Defense may transfer to State agencies 

21 personal property of the Department of Defense that the 

22 Secretary determines is— 

23 ‘‘(A) not a controlled defense item, an eligible 

24 defense item, or an item specified in section 

25 2576a(g)(4)(B) of this title; 


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1 ‘‘(B) suitable for use by State agencies in law 

2 enforcement activities, including counter-drug and 

3 counter-terrorism activities; and 

4 ‘‘(C) excess to the needs of the Department of 

5 Defense. 

6 ‘‘(2) The Secretary shall carry out this section in con7 sultation with the Attorney General and the Director of 

8 National Drug Control Policy. 

9 ‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of 

10 Defense may transfer personal property under this section 

11 only if— 

12 ‘‘(1) the property is drawn from existing stocks 

13 of the Department of Defense; 

14 ‘‘(2) the recipient accepts the property on an 

15 as-is, where-is basis; 

16 ‘‘(3) the transfer is made without the expendi17 ture of any funds available to the Department of 

18 Defense for the procurement of defense equipment; 

19 and 

20 ‘‘(4) all costs incurred subsequent to the trans21 fer of the property are borne or reimbursed by the 

22 recipient. 

23 ‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), 

24 the Secretary may transfer personal property under this 

25 section without charge to the recipient agency. 


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1 ‘‘(d) DEFINITIONS.—In this section, the terms ‘con2 trolled defense item’ and ‘eligible defense item’ have the 

3 meaning given such terms in section 2576a(w) of this title. 

4 ‘‘§ 2576c. Excess personal property: sale or donation 

5 for Federal law enforcement activities 

6 ‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding 

7 any other provision of law and subject to subsection (b), 

8 the Secretary of Defense may transfer to Federal agencies 

9 personal property of the Department of Defense, including 

10 small arms and ammunition, that the Secretary deter11 mines is— 

12 ‘‘(A) suitable for use by the agencies in law en13 forcement activities, including counter-drug and 

14 counter-terrorism activities; and 

15 ‘‘(B) excess to the needs of the Department of 

16 Defense. 

17 ‘‘(2) The Secretary shall carry out this section in con18 sultation with the Attorney General and the Director of 

19 National Drug Control Policy. 

20 ‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of 

21 Defense may transfer personal property under this section 

22 only if— 

23 ‘‘(1) the property is drawn from existing stocks 

24 of the Department of Defense; 


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1 ‘‘(2) the recipient accepts the property on an 

2 as-is, where-is basis; 

3 ‘‘(3) the transfer is made without the expendi4 ture of any funds available to the Department of 

5 Defense for the procurement of defense equipment; 

6 and 

7 ‘‘(4) all costs incurred subsequent to the trans8 fer of the property are borne or reimbursed by the 

9 recipient. 

10 ‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), 

11 the Secretary may transfer personal property under this 

12 section without charge to the recipient agency.’’. 

13 (d) CLERICAL AMENDMENTS.—The table of sections 

14 at the beginning of chapter 153 of title 10, United States 

15 Code, is amended by striking the items relating to sections 

16 2576a and 2576b and inserting the following new items: 

‘‘2576a. Excess personal property: sale or donation of certain controlled defense 

items for State or local law enforcement activities. 

‘‘2576b. Excess personal property: sale or donation of certain non-controlled defense items for State or local law enforcement activities. 

‘‘2576c. Excess personal property: sale or donation for Federal law enforcement 

activities. 

‘‘2576d. Excess personal property: sale or donation to assist firefighting agencies.’’. 

17 (e) CJCS DUTY TO ENSURE FEDERAL AGENCY RE18 SPONSIBILITY FOR TRANSFERRED PROPERTY.—Section 

19 153(a) of title 10, United States Code, is amended— 

20 (1) by redesignating paragraph (6) as para21 graph (7); and 


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1 (2) by inserting after paragraph (5) the fol2 lowing new paragraph (6): 

3 ‘‘(6) TRANSFERS OF DOD PROPERTY FOR FED4 ERAL LAW ENFORCEMENT ACTIVITIES.—Ensuring 

5 that Federal agencies to which property of the De6 partment of Defense is transferred pursuant to sec7 tion 2576c of this title accept responsibility for in8 ventory, management, accountability, and disposal of 

9 such property.’’. 

10 SEC. 1050. EDWARD BYRNE MEMORIAL JUSTICE ASSIST11 ANCE GRANTS. 

12 (a) USE OF FUNDS BY LAW ENFORCEMENT.—Sub13 part 1 of part E of title I of the Omnibus Crime Control 

14 and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 509. USE OF FUNDS BY LAW ENFORCEMENT. 

17 ‘‘(a) DEFINITIONS.—In this section— 

18 ‘‘(1) the term ‘covered funds’ means funds pro19 vided under this subpart; 

20 ‘‘(2) the term ‘law enforcement agency’— 

21 ‘‘(A) means an agency or entity with law 

22 enforcement officers— 

23 ‘‘(i) who have arrest and apprehension 

24 authority; and 


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1 ‘‘(ii) whose primary function is to en2 force the laws; 

3 ‘‘(B) includes a local educational agency 

4 with officers described in subparagraph (A); 

5 and 

6 ‘‘(C) does not include a firefighting agency 

7 or entity; 

8 ‘‘(3) the term ‘local educational agency’ has the 

9 meaning given that term in section 8013(9) of the 

10 Elementary and Secondary Education Act of 1965 

11 (20 U.S.C. 7713(9)); 

12 ‘‘(4) the term ‘prohibited item’ means an item 

13 that the Attorney General determines under sub14 section (b)(1) may not be purchased by a law en15 forcement agency using covered funds; 

16 ‘‘(5) the term ‘special justice item’ means an 

17 item that the Attorney General determines under 

18 subsection (b)(1) is not generally issued to a law en19 forcement patrol officer but is suitable for certain 

20 uses by law enforcement officers in engagements 

21 with individuals who are not law enforcement offi22 cers; 

23 ‘‘(6) the term ‘SWAT team’ means a Special 

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1 tical team composed of sworn law enforcement offi2 cers; and 

3 ‘‘(7) the term ‘tactical military vehicle’ means 

4 an armored vehicle having military characteristics 

5 resulting from military research and development 

6 processes, designed primarily for use by forces in the 

7 field in direct connection with, or support of, combat 

8 or tactical operations. 

9 ‘‘(b) PURCHASE OF CERTAIN ITEMS BY LAW EN10 FORCEMENT.— 

11 ‘‘(1) LISTS OF PROHIBITED ITEMS AND SPE12 CIAL JUSTICE ITEMS.— 

13 ‘‘(A) IN GENERAL.—The Attorney General, 

14 in consultation with the task force appointed 

15 under section 4 of the Protecting Communities 

16 and Police Act of 2015, shall— 

17 ‘‘(i) not later than 3 years after the 

18 date of enactment of the Protecting Com19 munities and Police Act of 2015, create— 

20 ‘‘(I) a list of prohibited items; 

21 and 

22 ‘‘(II) a list of special justice 

23 items; and 


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1 ‘‘(ii) review and revise each list cre2 ated under clause (i) not less often than 

3 once every 5 years. 

4 ‘‘(B) SPECIFIC ITEMS.—The Attorney 

5 General shall place each of the following items 

6 on the list of prohibited items or the list of spe7 cial justice items: 

8 ‘‘(i) Weapons over .50 caliber. 

9 ‘‘(ii) Tactical military vehicles. 

10 ‘‘(iii) Other tactical military equip11 ment. 

12 ‘‘(iv) Tactical law enforcement bal13 listic protection equipment other than bal14 listic vests, including ballistic helmets, bal15 listic shields, battle dress uniforms, and 

16 camouflage uniforms and clothing. 

17 ‘‘(v) Grenades, flash bang grenades, 

18 grenade launchers, and grenade launcher 

19 attachments. 

20 ‘‘(C) PUBLICATION.—The Attorney Gen21 eral shall publish each list created under sub22 paragraph (A) on the website of the Depart23 ment of Justice and in the Federal Register. 

24 ‘‘(2) PROHIBITED ITEMS.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), a law enforcement agency 

3 may not use covered funds to purchase a pro4 hibited item or receive a prohibited item that 

5 was purchased using covered funds. 

6 ‘‘(B) EXCEPTION.— 

7 ‘‘(i) THREATS TO NATIONAL SECU8 RITY.—A law enforcement agency may 

9 purchase a prohibited item using covered 

10 funds, or receive a prohibited item that 

11 was purchased using covered funds, if— 

12 ‘‘(I) the Attorney General deter13 mines that the prohibited item will be 

14 useful in preventing or mitigating 

15 damage resulting from a threat to na16 tional security; 

17 ‘‘(II) the law enforcement agency 

18 has in place an agreement with the 

19 National Guard of the State in which 

20 the law enforcement agency is located 

21 for the storage of the restricted item 

22 at a National Guard site; and 

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1 scribed in subclause (II) to the Attor2 ney General. 

3 ‘‘(ii) UPDATE TO LIST.—If a threat to 

4 national security justifies the purchase of a 

5 prohibited item under clause (i), the Attor6 ney General shall publish an updated list 

7 of prohibited items or special justice items, 

8 as appropriate, under paragraph (1)(C) as 

9 soon as practicable. 

10 ‘‘(3) AUTHORITY TO PRESCRIBE REGULA11 TIONS.— 

12 ‘‘(A) IN GENERAL.—The Attorney General 

13 may prescribe regulations that place restrictions 

14 and limitations on special justice items that 

15 may be purchased by law enforcement agencies 

16 using covered funds, based on the appropriate17 ness of the use of the items in law enforcement 

18 activities. 

19 ‘‘(B) AUTHORIZED ELEMENTS.—The regu20 lations prescribed by the Attorney General 

21 under subparagraph (A) may include the fol22 lowing: 

23 ‘‘(i) Tiers of eligibility of law enforce24 ment agencies to purchase special justice 

25 items using covered funds based on need of 


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1 law enforcement agencies for particular 

2 items, size and capabilities of law enforce3 ment agencies, or such other factors as the 

4 Attorney General may specify in the regu5 lations. 

6 ‘‘(ii) Restrictions on the numbers or 

7 types of special justice items that may be 

8 purchased by a particular law enforcement 

9 agency using covered funds, within a par10 ticular period of time, to law enforcement 

11 agencies in a particular region, or such 

12 other factors as the Attorney General may 

13 specify in regulations. 

14 ‘‘(iii) Restrictions on the use of par15 ticular special justice items by law enforce16 ment agencies purchased using covered 

17 funds based on size, capability, or such 

18 other factors the Attorney General may 

19 specify in the regulations. 

20 ‘‘(iv) Requirements for memoranda of 

21 understanding or other appropriate agree22 ments in the case of joint use of special 

23 justice items, purchased using covered 

24 funds, by more than 1 law enforcement 

25 agency. 


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1 ‘‘(c) OTHER RESTRICTIONS AND LIMITATIONS ON

2 USE OF COVERED FUNDS.— 

3 ‘‘(1) PURCHASE OF SPECIAL JUSTICE ITEMS

4 USING COVERED FUNDS.— 

5 ‘‘(A) IN GENERAL.—A law enforcement 

6 agency may not receive or use covered funds to 

7 purchase a special justice item unless the law 

8 enforcement agency— 

9 ‘‘(i) except as provided in subpara10 graph (B), publishes a needs justification 

11 statement— 

12 ‘‘(I) on its website, on the 

13 website of its governing body, or in a 

14 manner and location in which the 

15 needs justification statement can be 

16 easily viewed by the residents in the 

17 area in which the law enforcement 

18 agency has jurisdiction; 

19 ‘‘(II) that, except as provided in 

20 subclause (III), includes the informa21 tion required under subparagraph (C); 

22 and 

23 ‘‘(III) from which the law en24 forcement agency may redact— 


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1 ‘‘(aa) the information re2 quired under clause (x) or (xi) of 

3 subparagraph (C); and 

4 ‘‘(bb) with respect to the 

5 training records required under 

6 clause (vi), any personally identi7 fiable information and all but the 

8 title and subject of such training 

9 courses; 

10 ‘‘(ii) obtains the approval of the head 

11 of the State, political subdivision of a 

12 State, or Indian tribe of which the law en13 forcement agency is an agency before re14 questing the covered funds; and 

15 ‘‘(iii) submits the needs justification 

16 statement, including all information re17 quired under subparagraph (C), to the en18 tity from which the law enforcement agen19 cy is to receive the covered funds. 

20 ‘‘(B) ONGOING OPERATIONS.—The re21 quirements under subparagraph (A)(i) shall not 

22 apply to a law enforcement agency that receives 

23 or uses covered funds to purchase a special jus24 tice item to be used in an active, ongoing 

25 counterterrorism or undercover operation. 


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1 ‘‘(C) NEEDS JUSTIFICATION STATE2 MENTS.—A needs justification statement of a 

3 law enforcement agency shall include the fol4 lowing: 

5 ‘‘(i) The number and type of special 

6 justice items proposed to be purchased. 

7 ‘‘(ii) The number of sworn law en8 forcement officers of the law enforcement 

9 agency. 

10 ‘‘(iii) The number, if any, of items 

11 similar to the special justice item that the 

12 law enforcement agency has in good work13 ing condition. 

14 ‘‘(iv) The number and type of items, 

15 if any, that the law enforcement agency 

16 has that were— 

17 ‘‘(I) transferred to the law en18 forcement agency under section 2576a 

19 of title 10, United States Code; or 

20 ‘‘(II) purchased using funds 

21 from— 

22 ‘‘(aa) the Urban Area Secu23 rity Initiative authorized under 

24 section 2003 of the Homeland 


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1 Security Act of 2002 (6 U.S.C. 

2 604); or 

3 ‘‘(bb) the State Homeland 

4 Security Grant Program author5 ized under section 2004 of the 

6 Homeland Security Act of 2002 

7 (6 U.S.C. 605) during the 5-year 

8 period preceding the date on 

9 which the statement is published. 

10 ‘‘(v) The use of force policy of the law 

11 enforcement agency. 

12 ‘‘(vi) Whether the law enforcement 

13 agency intends to have a SWAT team use 

14 the special justice item and, if so, the 

15 training records of the SWAT team, in16 cluding the course outlines of such train17 ing. 

18 ‘‘(vii) Whether the law enforcement 

19 agency has or plans to adopt a memo20 randum of understanding or other joint 

21 use agreement for the shared use of the 

22 special justice item with any other law en23 forcement agency. 

24 ‘‘(viii) The capability gap to be filled 

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1 tion of the proposed use of the special jus2 tice item by the law enforcement agency. 

3 ‘‘(ix) Whether a consent decree is in 

4 effect between the United States and the 

5 law enforcement agency relating to civil 

6 rights abuses or excessive use of force. 

7 ‘‘(x) Whether the law enforcement 

8 agency is currently under investigation, or 

9 has been under investigation during the 

10 preceding 10 years, by the Department of 

11 Justice, an inspector general, or any equiv12 alent State or local entity for civil rights 

13 abuses or excessive use of force. 

14 ‘‘(xi) Whether the head of the law en15 forcement agency has ever been determined 

16 by the Department of Justice, an inspector 

17 general, or any equivalent State or local 

18 entity to have engaged in civil rights 

19 abuses or excessive use of force, if such in20 formation is publicly available. 

21 ‘‘(xii)(I) Whether the law enforcement 

22 agency requested funds from a regional, 

23 State, or local political entity to purchase 

24 the requested item; 


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1 ‘‘(II) if the law enforcement agency 

2 requested funds from a regional, State, or 

3 local political entity and the request was 

4 denied, a statement of the reason or rea5 sons for the denial; and 

6 ‘‘(III) if the law enforcement agency 

7 did not request funds from a regional, 

8 State, or local political entity, a statement 

9 explaining why the law enforcement agency 

10 did not do so. 

11 ‘‘(xiii) A certification that any item 

12 purchased using covered funds has not 

13 been, and will not be, used by a SWAT 

14 team of the law enforcement agency engag15 ing in routine patrol-related incidents, non16 tactical incidents, or non-tactical assign17 ments. 

18 ‘‘(xiv) Any other information on the 

19 recent record of the law enforcement agen20 cy regarding civil rights and the excessive 

21 use of force that the Attorney General de22 termines appropriate. 

23 ‘‘(2) RESTRICTIONS ON SMALL LAW ENFORCE24 MENT AGENCIES.— 


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1 ‘‘(A) PROHIBITION ON PURCHASE OF TAC2 TICAL MILITARY VEHICLES BY SMALL LAW EN3 FORCEMENT AGENCIES.—A law enforcement 

4 agency with 10 or fewer sworn law enforcement 

5 officers— 

6 ‘‘(i) that has 1 or more functioning 

7 tactical military vehicles may not use cov8 ered funds to purchase a tactical military 

9 vehicle; 

10 ‘‘(ii) that does not have a functioning 

11 tactical military vehicle may use covered 

12 funds to purchase not more than 1 tactical 

13 military vehicle; or 

14 ‘‘(iii) that is the designated procure15 ment agency for a multi-jurisdictional 

16 joint-use agreement may use covered funds 

17 for the purchase of more than 1 tactical 

18 military vehicle, or receive more than 1 

19 tactical military vehicle purchased using 

20 covered funds, if the agency purchases or 

21 receives not more than 1 tactical military 

22 vehicle for every 10 sworn law enforcement 

23 officers covered by the joint-use agreement. 

24 ‘‘(B) LIMITATION ON USE OF ITEMS BY

25 SMALL SWAT TEAMS.—A special justice item 


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1 purchased using covered funds may not be used 

2 by— 

3 ‘‘(i) a SWAT team composed of fewer 

4 than 17 sworn law enforcement officers; 

5 ‘‘(ii) a SWAT team composed entirely 

6 of members from a single law enforcement 

7 agency that has fewer than 35 sworn law 

8 enforcement officers; or 

9 ‘‘(iii) a SWAT team composed of 

10 members from 2 or more law enforcement 

11 agencies which agencies have, in aggregate, 

12 fewer than 35 sworn law enforcement offi13 cers. 

14 ‘‘(3) RESTRICTIONS ON LOCAL EDUCATION

15 AGENCIES.— 

16 ‘‘(A) PROHIBITION ON USE OF COVERED

17 FUNDS.—A local educational agency, or a law 

18 enforcement agency affiliated with a local edu19 cation agency, may not use covered funds to 

20 purchase a tactical military vehicle if— 

21 ‘‘(i) the local educational agency is 

22 served by a law enforcement agency that— 

23 ‘‘(I) is unaffiliated with the local 

24 education agency; and 


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1 ‘‘(II) has a tactical military vehi2 cle; or 

3 ‘‘(ii) the local educational agency is 

4 served by 1 or more law enforcement agen5 cies that are unaffiliated with the local 

6 education agency and no such serving 

7 agency will agree to store and maintain the 

8 tactical military vehicle for the local edu9 cational agency. 

10 ‘‘(B) LIMITATION ON USE OF COVERED

11 FUNDS.—A local educational agency that pur12 chases a tactical military vehicle using covered 

13 funds may not use funds of the local edu14 cational agency— 

15 ‘‘(i) to transport the tactical military 

16 vehicle to the district of the local edu17 cational agency; or 

18 ‘‘(ii) to maintain the tactical military 

19 vehicle. 

20 ‘‘(4) CAMOUFLAGE UNIFORMS OR CLOTHING.— 

21 A law enforcement agency may only use funding 

22 provided under this subpart to purchase camouflage 

23 uniforms or clothing if the camouflage uniforms or 

24 clothing are for use by a SWAT team that dem25 onstrates a legitimate geographic or environmental 


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1 need for camouflage uniforms or clothing based on 

2 the physical environment in which the SWAT team 

3 operates. 

4 ‘‘(5) APPROVAL REQUIRED FOR PURCHASE OF

5 CERTAIN ITEMS.— 

6 ‘‘(A) NO DELEGATION OF AUTHORITY.— 

7 The Attorney General may not delegate the au8 thority to approve an application for a grant 

9 under this subpart if the application proposes 

10 to use funds for the purchase of an item speci11 fied in subparagraph (B). 

12 ‘‘(B) ITEMS.—The items specified in this 

13 subparagraph are the following: 

14 ‘‘(i) Weapons over .50 caliber. 

15 ‘‘(ii) Grenades, flash bang grenades, 

16 grenade launchers, and grenade launcher 

17 attachments. 

18 ‘‘(iii) Tactical military vehicles. 

19 ‘‘(6) LAW ENFORCEMENT AGENCIES UNDER

20 CONSENT DECREES.—A law enforcement agency for 

21 which a consent decree is in effect between the 

22 United States and the law enforcement agency, or 

23 that is under investigation by the Department of 

24 Justice, relating to civil rights abuses or excessive 


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1 use of force may not use covered funds to purchase 

2 any weapon or tactical military vehicle. 

3 ‘‘(7) TRANSPORTATION COSTS.—No covered 

4 funds may be used to pay the cost of transporting 

5 an eligible defense item transferred to a law enforce6 ment agency under section 2576a of title 10, United 

7 States Code. 

8 ‘‘(d) TRAINING AND CERTIFICATION.— 

9 ‘‘(1) STATE CERTIFICATION OF LAW ENFORCE10 MENT INSTRUCTORS.— 

11 ‘‘(A) IN GENERAL.—On and after the date 

12 that is 3 years after the date of enactment of 

13 the Protecting Communities and Police Act of 

14 2015, a State, and any law enforcement agency 

15 of or in the State, may not receive or use cov16 ered funds to purchase a special justice item 

17 unless the chief executive of the State certifies 

18 to the Attorney General that the State conducts 

19 a program for certifying law enforcement in20 structors in the provision of training that meets 

21 the requirements under subparagraph (B). 

22 ‘‘(B) PROGRAM REQUIREMENTS.—The re23 quirements for a program described in subpara24 graph (A) are the following: 


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1 ‘‘(i) The program shall include in2 struction in training on the following: 

3 ‘‘(I) The use of force by law en4 forcement officers in the ordinary 

5 course of their duties. 

6 ‘‘(II) The use of special justice 

7 items by law enforcement officers in 

8 the ordinary course of their duties. 

9 ‘‘(III) The use of special justice 

10 items by SWAT teams. 

11 ‘‘(IV) The appropriate deploy12 ment of SWAT teams. 

13 ‘‘(V) Civil rights and civil lib14 erties. 

15 ‘‘(VI) Any other matters on the 

16 training of law enforcement officers 

17 that the head of the State law en18 forcement agency considers appro19 priate. 

20 ‘‘(ii) A list of the instructors who are 

21 certified pursuant to the program or pur22 suant to the program conducted by the 

23 Secretary of Homeland Security under sec24 tion 2010 of the Homeland Security Act of 

25 2002 shall be maintained and published. 


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1 ‘‘(C) DISCHARGE THROUGH EXISTING PRO2 GRAMS.—A State may satisfy the requirement 

3 under subparagraph (A) using a program in ef4 fect on the date that is 3 years after the date 

5 of the enactment of the Protecting Commu6 nities and Police Act of 2015 if such program 

7 satisfies the requirements in subparagraph (B). 

8 ‘‘(2) MINIMUM ANNUAL TRAINING REQUIRE9 MENTS.— 

10 ‘‘(A) ESTABLISHMENT.—On and after the 

11 date that is 3 years after the date of enactment 

12 of the Protecting Communities and Police Act 

13 of 2015, a State, and a unit of local govern14 ment within the State, may not receive covered 

15 funds unless the State establishes minimum an16 nual training requirements for all law enforce17 ment officers in the State, including— 

18 ‘‘(i) specialized leadership training re19 quirements for chiefs of police or other de20 partment heads who have— 

21 ‘‘(I) decisionmaking authority on 

22 the deployment of SWAT teams and 

23 tactical military vehicles; or 


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1 ‘‘(II) responsibility for drafting 

2 policies on the use of force and SWAT 

3 team deployment; 

4 ‘‘(ii) specialized SWAT team training 

5 requirements for all SWAT team members; 

6 ‘‘(iii) training in appropriate crowd7 control tactics; and 

8 ‘‘(iv) not less than 1 training session 

9 on sensitivity, including training on ethnic 

10 and racial bias, cultural diversity, and law 

11 enforcement interaction with disabled indi12 viduals, mentally ill individuals, and new 

13 immigrants. 

14 ‘‘(B) FEDERALLY CERTIFIED OR STATE15 CERTIFIED INSTRUCTORS.—The training re16 quirements established by a State under sub17 paragraph (A) may only be satisfied through 

18 training conducted by an instructor certified 

19 under— 

20 ‘‘(i) a program conducted by the Sec21 retary of Homeland Security under section 

22 2010 of the Homeland Security Act of 

23 2002; or 

24 ‘‘(ii) a program conducted by a State 

25 under paragraph (1). 


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1 ‘‘(C) CERTIFICATION OF COMPLETED

2 TRAINING.—On and after the date that is 1 

3 year after the date on which a program is es4 tablished under paragraph (1), a law enforce5 ment agency may not receive covered funds un6 less the law enforcement agency certifies to the 

7 Attorney General that each sworn law enforce8 ment officer employed by the law enforcement 

9 agency has met all applicable minimum annual 

10 training requirements established by the State 

11 in which the law enforcement agency is located 

12 under subparagraph (A) of this paragraph. 

13 ‘‘(D) FALSE CERTIFICATION.—The Attor14 ney General shall suspend or terminate the eli15 gibility of a law enforcement agency to receive 

16 covered funds if the law enforcement agency in17 tentionally submits a false certification under 

18 subparagraph (C) that a law enforcement offi19 cer has met the minimum annual training re20 quirements established by the State in which 

21 the law enforcement agency is located under 

22 subparagraph (A). 

23 ‘‘(E) SATISFACTION BY RECENT HIREES.— 

24 The requirements under subparagraph (A) shall 

25 provide for the first completion of the training 


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1 concerned by an individual who becomes an offi2 cer in a law enforcement agency or becomes a 

3 member of a SWAT team by not later than 1 

4 year after the date on which the individual be5 comes an officer in the law enforcement agency 

6 or becomes a member of a SWAT team, as ap7 plicable. 

8 ‘‘(3) BEST PRACTICES.— 

9 ‘‘(A) IN GENERAL.—On and after the date 

10 that is 2 years after the date of enactment of 

11 the Protecting Communities and Police Act of 

12 2015, the Attorney General shall publish, peri13 odically review, distribute to each State or unit 

14 of local government that applies for a grant 

15 under this subpart, and require each such State 

16 or unit of local government to distribute to each 

17 organization or unit of local government with 

18 respect to which the State or unit of local gov19 ernment enters into a contract or makes a 

20 subaward under section 501(b), best practices 

21 for— 

22 ‘‘(i) training law enforcement officers 

23 and the use of lethal and non-lethal force 

24 by law enforcement officers; 


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1 ‘‘(ii) training, use, and deployment of 

2 SWAT teams; and 

3 ‘‘(iii) community-oriented police ef4 forts. 

5 ‘‘(B) ATTORNEY GENERAL UPDATES TO

6 CONGRESS REGARDING DELAY IN PUBLICATION

7 OF BEST PRACTICES.—On and after the date 

8 that is 2 years after the date of enactment of 

9 the Protecting Communities and Police Act of 

10 2015, if the Attorney General has not published 

11 the best practices required under subparagraph 

12 (A), the Attorney General shall provide quar13 terly updates to Congress on the reason for the 

14 delay in publication and the expected date of 

15 publication. 

16 ‘‘(e) REPORTING AND POLICY REQUIREMENTS.— 

17 ‘‘(1) REPORTING AND RECORDKEEPING RE18 QUIREMENTS FOR GRANT FUNDING RECIPIENTS.— 

19 ‘‘(A) SWAT TEAM DEPLOYMENT

20 RECORDS.—A law enforcement agency that re21 ceives covered funds shall maintain a record of 

22 each deployment of a SWAT team by the law 

23 enforcement agency, which shall include— 

24 ‘‘(i) the type of police activity for 

25 which the SWAT team is deployed; 


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1 ‘‘(ii) the rationale for the deployment; 

2 ‘‘(iii) the nexus between— 

3 ‘‘(I) the use of force policy and 

4 SWAT team policy of the law enforce5 ment agency; and 

6 ‘‘(II) the police activity for which 

7 the SWAT team is deployed; and 

8 ‘‘(iv) a description, written after the 

9 deployment, of whether force or weapons 

10 were used by or against the law enforce11 ment officers serving on the SWAT team. 

12 ‘‘(B) EQUIPMENT PURCHASED.—A law en13 forcement agency that purchases equipment 

14 using covered funds shall submit to the Attor15 ney General a report describing the quantity 

16 and type of equipment purchased. 

17 ‘‘(2) DOJ REPORTS.— 

18 ‘‘(A) SPECIAL JUSTICE ITEMS.—The At19 torney General shall publish and submit to Con20 gress, the Secretary of Defense, and the Sec21 retary of Homeland Security an annual report 

22 on special justice items that includes, with re23 spect to the preceding year— 


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1 ‘‘(i) the number and type of special 

2 justice items purchased using covered 

3 funds; and 

4 ‘‘(ii) an appendix describing— 

5 ‘‘(I) each law enforcement agency 

6 that used covered funds to purchase a 

7 special justice item; 

8 ‘‘(II) the number of each special 

9 justice item described in subclause (I) 

10 purchased by each law enforcement 

11 agency; and 

12 ‘‘(III) a summary of the needs 

13 justification statement submitted 

14 under subsection (c)(1)(A)(i) by each 

15 law enforcement agency described in 

16 subclause (I) of this clause. 

17 ‘‘(B) CRIME RATES.—The Attorney Gen18 eral shall collect and publish data on crime 

19 rates over time for each jurisdiction in which a 

20 law enforcement agency receives covered funds. 

21 ‘‘(C) DOJ GUIDES AND BEST PRAC22 TICES.—The Attorney General shall conduct 

23 periodic surveys on the use of materials pub24 lished by the Attorney General in print and on25 line relating to local law enforcement training 


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1 and the use of force, including lethal and non2 lethal force. 

3 ‘‘(f) WHISTLEBLOWER AND INDEPENDENT OVER4 SIGHT REQUIREMENTS.— 

5 ‘‘(1) WHISTLEBLOWER REQUIREMENTS.—On or 

6 after the date that is 3 years after the date of enact7 ment of the Protecting Communities and Police Act 

8 of 2015, a State or unit of local government of a 

9 State may not receive covered funds unless the chief 

10 executive of the State certifies to the Attorney Gen11 eral that the State— 

12 ‘‘(A) has in place— 

13 ‘‘(i) a program, including a public 

14 complaint hotline, that provides individuals 

15 the ability to disclose any— 

16 ‘‘(I) misuse of equipment pur17 chased using covered funds; or 

18 ‘‘(II) other waste, fraud, or abuse 

19 in connection with the use of covered 

20 funds; and 

21 ‘‘(ii) mechanisms (commonly referred 

22 to as ‘whistleblower protections’) to protect 

23 individuals who make a disclosure de24 scribed in clause (i) from retaliatory or 


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1 other adverse personnel actions in connec2 tion with such disclosures; and 

3 ‘‘(B) publicizes the existence of the pro4 gram and whistleblower protections described in 

5 subparagraph (A). 

6 ‘‘(2) CERTIFICATION OF OVERSIGHT AND AC7 COUNTABILITY.— 

8 ‘‘(A) CERTIFICATION REQUIRED.—A law 

9 enforcement agency may not receive covered 

10 funds unless the head of the law enforcement 

11 agency submits to the Attorney General a writ12 ten certification (in the form of a memorandum 

13 of understanding, memorandum of agreement, 

14 or letterhead correspondence) that an entity 

15 that is unaffiliated with the law enforcement 

16 agency is authorized— 

17 ‘‘(i) to receive any complaints regard18 ing the use of special justice items and 

19 covered funds of the law enforcement agen20 cy; 

21 ‘‘(ii) to periodically review and assess 

22 the use of special justice items and covered 

23 funds by the law enforcement agency; and 

24 ‘‘(iii) to make recommendations to the 

25 law enforcement agency regarding the use 


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1 of special justice items and covered funds 

2 by the law enforcement agency that are ei3 ther— 

4 ‘‘(I) non-binding in character; or 

5 ‘‘(II) binding in character, if au6 thorized by— 

7 ‘‘(aa) a law or ordinance 

8 governing the law enforcement 

9 agency or the entity; or 

10 ‘‘(bb) an agreement between 

11 the governing body of the law en12 forcement agency and organiza13 tions representing law enforce14 ment officers of the law enforce15 ment agency. 

16 ‘‘(B) DISCHARGE THROUGH EXISTING EN17 TITIES.—A law enforcement agency may satisfy 

18 the requirement in subparagraph (A) through 

19 an entity that exists as of the date of the enact20 ment of the Protecting Communities and Police 

21 Act of 2015, including an independent review 

22 board, a Federal, State, or local inspector gen23 eral, a Federal, State, county, or city attorney 

24 general, a district attorney, the Federal Bureau 

25 of Investigation or another Federal agency, a 


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1 State agency, a State or local governing body 

2 (such as a city council or county commission), 

3 a law enforcement council, or an independent 

4 entity established by one or more such officials, 

5 agencies, or entities on behalf of one or more 

6 law enforcement agencies. 

7 ‘‘(g) SUSPENSION AND TERMINATION.— 

8 ‘‘(1) FOR LOST OR STOLEN ITEMS.—If a special 

9 justice item purchased by a law enforcement agency 

10 using covered funds is lost, stolen, or misappro11 priated— 

12 ‘‘(A) in the case of an offensive weapon or 

13 ordnance— 

14 ‘‘(i) on the first occurrence in the case 

15 of the law enforcement agency, the Attor16 ney General, after providing the law en17 forcement agency with notice and the op18 portunity to contest the allegation, shall 

19 suspend the law enforcement agency from 

20 eligibility to receive covered funds for a pe21 riod of not less than 6 months; and 

22 ‘‘(ii) on the subsequent occurrence in 

23 the case of the law enforcement agency, 

24 the Attorney General, after providing the 

25 law enforcement agency with notice and 


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1 the opportunity to contest the allegation, 

2 shall terminate the law enforcement agency 

3 from eligibility to receive covered funds; 

4 and 

5 ‘‘(B) in the case of a special justice item 

6 not described in subparagraph (A)— 

7 ‘‘(i) on the third occurrence in the 

8 case of the law enforcement agency, the 

9 Director, after providing the law enforce10 ment agency with notice and the oppor11 tunity to contest the allegation, shall sus12 pend the law enforcement agency from eli13 gibility to receive covered funds for a pe14 riod of 6 months; and 

15 ‘‘(ii) on any subsequent occurrence in 

16 the case of the law enforcement agency, 

17 the Director, after providing the law en18 forcement agency with notice and the op19 portunity to contest the allegation, shall 

20 suspend the law enforcement agency from 

21 eligibility to receive covered funds for a pe22 riod of 3 years. 

23 ‘‘(2) INTENTIONAL FALSIFICATION OF INFOR24 MATION.—If a law enforcement agency is determined 

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1 sified any information relating to the use of covered 

2 funds, the Attorney General, after providing the law 

3 enforcement agency with notice and the opportunity 

4 to contest the determination, shall terminate the law 

5 enforcement agency from eligibility to receive cov6 ered funds. 

7 ‘‘(h) ADDITIONAL PROGRAM OVERSIGHT.— 

8 ‘‘(1) ATTORNEY GENERAL OBLIGATIONS.— 

9 ‘‘(A) SUBGRANTEE OVERSIGHT.—In con10 ducting oversight of the use of covered funds, 

11 the Attorney General shall conduct inspections 

12 of some local law enforcement agencies that re13 ceive covered funds through a subaward under 

14 section 501(b), to ensure compliance with this 

15 section. 

16 ‘‘(B) LAW ENFORCEMENT EXPERTISE.— 

17 ‘‘(i) ESTABLISHMENT OF POSITION.— 

18 The Attorney General shall appoint indi19 viduals with expertise in State and local 

20 law enforcement agency functions to posi21 tions within the Bureau to assist the At22 torney General in assessing grant applica23 tions under this subpart by determining 

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1 chased by a law enforcement agency using 

2 covered funds is— 

3 ‘‘(I) appropriate to the mission of 

4 the law enforcement agency; and 

5 ‘‘(II) necessary based on the 

6 needs justification statement sub7 mitted by the law enforcement agency 

8 under subsection (c)(1)(A)(iii). 

9 ‘‘(ii) NUMBER OF INDIVIDUALS.—The 

10 Attorney General shall appoint as many in11 dividuals under clause (i) as necessary to 

12 ensure that— 

13 ‘‘(I) not less than 1 such indi14 vidual is involved in the determination 

15 under clause (i) for each grant appli16 cation under this subpart; and 

17 ‘‘(II) the involvement of such in18 dividuals in the process of assessing 

19 grant applications under this subpart 

20 does not delay the process. 

21 ‘‘(iii) MANAGERIAL EXPERIENCE PRE22 FERRED.—In appointing individuals under 

23 clause (i), the Attorney General shall give 

24 preference to individuals with law enforce25 ment managerial expertise. 


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1 ‘‘(2) GRANT RECIPIENT OBLIGATIONS.— 

2 ‘‘(A) RECORDING SWAT TEAM DEPLOY3 MENTS.—A law enforcement agency may not 

4 use covered funds to purchase any item for use 

5 by a SWAT team unless the law enforcement 

6 agency— 

7 ‘‘(i) certifies to the Attorney General 

8 that a video recording shall be made of 

9 each SWAT team deployment involving the 

10 use of the item; and 

11 ‘‘(ii) develops, implements, and pub12 lishes a policy for video recording SWAT 

13 team deployments that— 

14 ‘‘(I) describes the appropriate 

15 use of video recording equipment, in16 cluding whether such equipment 

17 should be left on at all times; 

18 ‘‘(II) includes mechanisms to 

19 preserve, to the extent practicable, the 

20 integrity and security of a video re21 cording, including— 

22 ‘‘(aa) a description of the 

23 personnel of the law enforcement 

24 agency, and other parties, who 


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1 are authorized to access the re2 cording; 

3 ‘‘(bb) mechanisms for the 

4 storage of the recording; and 

5 ‘‘(cc) measures to ensure the 

6 cybersecurity of the recording (if 

7 applicable to the storage, reten8 tion, and retrieval of the record9 ing); 

10 ‘‘(III) includes policies on the au11 thorized and unauthorized public re12 lease of a video recording; and 

13 ‘‘(IV) includes a requirement 

14 that any video recording of an inter15 action between a law enforcement offi16 cer and an individual who is not a law 

17 enforcement officer involving the use 

18 of force (whether deadly or otherwise) 

19 shall be retained by the law enforce20 ment agency for a period not shorter 

21 than the period of limitation in the 

22 State concerned for actions for civil 

23 rights violations under section 1979 of 

24 the Revised Statutes (42 U.S.C. 

25 1983). 


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1 ‘‘(B) USE OF BODY CAMERAS BY LAW EN2 FORCEMENT OFFICERS.—A law enforcement 

3 agency that uses covered funds to purchase or 

4 maintain a body camera, or for related costs, 

5 shall have in place, and make available to the 

6 public, a policy on the use of a body camera by 

7 a law enforcement officer that includes— 

8 ‘‘(i) a policy on the appropriate use of 

9 a body camera, including whether the cam10 era should be left on at all times; 

11 ‘‘(ii) mechanisms to preserve, to the 

12 extent practicable, the integrity and secu13 rity of a video recording made by a body 

14 camera, including— 

15 ‘‘(I) a description of the per16 sonnel of the law enforcement agency, 

17 and other parties, who are authorized 

18 to access the recording; 

19 ‘‘(II) mechanisms for the storage 

20 of the recording; and 

21 ‘‘(III) measures to ensure the cy22 bersecurity of the recording (if appli23 cable to the storage, retention, and re24 trieval of the recording); 


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1 ‘‘(iii) a policy on the authorized and 

2 unauthorized public release of a video re3 cording; and 

4 ‘‘(iv) a requirement that any video re5 cording of an interaction between a law en6 forcement officer and an individual who is 

7 not a law enforcement officer involving the 

8 use of force (whether deadly or otherwise) 

9 shall retained by the law enforcement 

10 agency for a period not shorter than the 

11 period of limitation in the State concerned 

12 for actions for civil rights violations under 

13 section 1979 of the Revised Statutes (42 

14 U.S.C. 1983).’’. 

15 (b) PROHIBITED USES OF COVERED FUNDS.—Sec16 tion 501(d)(2) of title I of the Omnibus Crime Control 

17 and Safe Streets Act of 1968 (42 U.S.C. 3751(d)(2)) is 

18 amended— 

19 (1) by redesignating subparagraphs (B) 

20 through (E) as subparagraphs (C) through (F), re21 spectively; and 

22 (2) by inserting after subparagraph (A) the fol23 lowing: 

24 ‘‘(B) unmanned aerial vehicles, unmanned 

25 aircraft, or unmanned aircraft systems;’’. 


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1 (c) FUNDS FOR BODY CAMERAS.—Section 505(b) of 

2 title I of the Omnibus Crime Control and Safe Streets Act 

3 of 1968 (42 U.S.C. 3755(b)) is amended— 

4 (1) in paragraph (1)— 

5 (A) by striking ‘‘60 percent’’ and inserting 

6 ‘‘57.5 percent’’; and 

7 (B) by striking ‘‘and’’ at the end; 

8 (2) in paragraph (2)— 

9 (A) by striking ‘‘40 percent’’ and inserting 

10 ‘‘37.5 percent’’; and 

11 (B) by striking the period at the end and 

12 inserting a semicolon; and 

13 (3) by adding at the end the following: 

14 ‘‘(3) 2.5 percent shall be for direct grants to 

15 States for the purchase or maintenance of body cam16 eras, dashboard cameras, or gun cameras for law en17 forcement agencies and related costs; and 

18 ‘‘(4) 2.5 percent shall be for direct grants to 

19 units of local government for the purchase or main20 tenance of body cameras, dashboard cameras, or gun 

21 cameras for law enforcement agencies and related 

22 costs.’’. 


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1 SEC. 1051. DEPARTMENT OF JUSTICE REPORTS ON SWAT 

2 TEAMS. 

3 (a) DEFINITION.—In this section, the term ‘‘SWAT 

4 team’’ means a Special Weapons and Tactics team or 

5 other specialized tactical team composed of sworn law en6 forcement officers. 

7 (b) COLLECTION AND ANALYSIS OF DATA.—The At8 torney General shall collect and analyze data on the use 

9 of SWAT teams by Federal, State, local, and tribal law 

10 enforcement agencies. 

11 (c) TYPE OF DATA.—The data collected and analyzed 

12 by the Attorney General under subsection (b) shall in13 clude— 

14 (1) the number of deployments of SWAT 

15 teams; 

16 (2) the reason for each deployment of a SWAT 

17 team; 

18 (3) the composition of each SWAT team, in19 cluding, at minimum, the number of members on 

20 each SWAT team; 

21 (4) the number of law enforcement agencies 

22 with SWAT teams, categorized by the overall size of 

23 the law enforcement agencies; 

24 (5) the number of SWAT teams composed of 

25 officers from multiple law enforcement agencies; 


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1 (6) the amount of initial training and ongoing 

2 training of SWAT teams being conducted; 

3 (7) the community outreach undertaken to ex4 plain and publicize SWAT team deployment policies; 

5 (8) information on the deployment of SWAT 

6 teams in low-income neighborhoods; and 

7 (9) any other information that the Attorney 

8 General determines to be relevant. 

9 (d) PUBLIC AVAILABILITY OF DATA.—Not less fre10 quently than once every 6 months, the Attorney General 

11 shall publish the data collected under subsection (b). 

12 (e) REPORT.—Not less frequently than once every 5 

13 years, the Attorney General shall publish a report that 

14 contains the analysis conducted under subsection (b). 

15 SEC. 1052. FEDERAL LAW ENFORCEMENT TRAINING CEN16 TER CERTIFICATION OF INSTRUCTORS IN 

17 TRAINING ON USE OF FORCE AND SPECIAL 

18 EQUIPMENT. 

19 (a) IN GENERAL.—Subtitle A of title XX of the 

20 Homeland Security Act of 2002 (6 U.S.C. 603 et seq.), 

21 as amended by this Act, is amended by adding at the end 

22 the following: 

23 ‘‘SEC. 2010. CERTIFICATION OF INSTRUCTORS IN TRAINING 

24 ON USE OF FORCE AND SPECIAL EQUIPMENT. 

25 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘eligible defense item’ has the 

2 meaning given the term in section 2576a(w) of title 

3 10, United States Code; 

4 ‘‘(2) the terms ‘law enforcement agency’, ‘re5 stricted item’, and ‘SWAT team’ have the meanings 

6 given those terms in section 2009(a); and 

7 ‘‘(3) the term ‘special justice item’ has the 

8 meaning given the term in section 509(a) of the Om9 nibus Crime Control and Safe Streets Act of 1968. 

10 ‘‘(b) CERTIFICATION OF INSTRUCTORS.—On and 

11 after the date that is 3 years after the date of enactment 

12 of the Protecting Communities and Police Act of 2015, 

13 the Secretary shall, through the Federal Law Enforcement 

14 Training Center, conduct programs to certify instructors 

15 to conduct training courses on law enforcement tactics for 

16 State, local, and tribal law enforcement agencies. 

17 ‘‘(c) ELEMENTS.—The programs conducted under 

18 this section shall include instruction in training on the fol19 lowing: 

20 ‘‘(1) The use of force by State, local, and tribal 

21 law enforcement officers in the ordinary course of 

22 their duties. 

23 ‘‘(2) The use of restricted items, eligible defense 

24 items, and special justice items by State, local, and 


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1 tribal law enforcement officers in the ordinary 

2 course of their duties. 

3 ‘‘(3) The use of restricted items, eligible defense 

4 items, and special justice items by SWAT teams. 

5 ‘‘(4) The appropriate deployment of SWAT 

6 teams. 

7 ‘‘(5) Any other matters on the training of 

8 State, local, and tribal law enforcement officers that 

9 the Secretary considers appropriate. 

10 ‘‘(d) LIST OF CERTIFIED INSTRUCTORS.—The Sec11 retary shall maintain and publish a list of instructors who 

12 are certified pursuant to a program conducted under this 

13 section. 

14 ‘‘(e) ADMINISTRATION OF STATE PROGRAMS.—The 

15 Federal Law Enforcement Training Center may enter into 

16 an agreement with a State to— 

17 ‘‘(1) manage or implement the State’s program 

18 for law enforcement instructor certification described 

19 in— 

20 ‘‘(A) section 2009(d)(1)(A) of this Act; 

21 ‘‘(B) section 2576a(o)(1) of title 10, 

22 United States Code; or 

23 ‘‘(C) section 509(d)(1)(A) of the Omnibus 

24 Crime Control and Safe Streets Act of 1968; or 


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1 ‘‘(2) provide certified instructors for a program 

2 described in paragraph (1).’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of contents in section 1(b) of the Homeland Se5 curity Act of 2002 (Public Law 107–96; 116 Stat. 2135), 

6 as amended by this Act, is amended by inserting after the 

7 item relating to section 2009 the following: 

‘‘Sec. 2010. Certification of instructors in training on use of force and special 

equipment.’’. 

8 SEC. 1053. CIVIL ACTION BY ATTORNEY GENERAL. 

9 Section 210401(b) of the Violent Crime Control and 

10 Law Enforcement Act of 1994 (34 U.S.C. 12601(b)) is 

11 amended by striking ‘‘may in a civil action’’ and inserting 

12 ‘‘shall in a civil action’’. 

13 SEC. 1054. ANNUAL REPORTING REQUIREMENT. 

14 Not later than 1 year after the date of enactment 

15 of this section, and annually thereafter, the Attorney Gen16 eral shall publish a report describing the complaints re17 ceived by the Department of Justice alleging violations of 

18 section 210401 of the Violent Crime Control and Law En19 forcement Act of 1994, including— 

20 (1) information on each investigation conducted 

21 and each civil action initiated— 

22 (A) pursuant to all such complaints; or 

23 (B) without such a complaint having been 

24 filed; and 


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1 (2) for each complaint received for which the 

2 Attorney General does not initiate an investigation 

3 or a civil action, an explanation as to why no inves4 tigation or civil action was initiated. 

5 SEC. 1055. GRANTS TO EDUCATE AMERICANS ABOUT THE 

6 PRINCIPLES AND PRACTICE OF NON7 VIOLENCE. 

8 (a) GRANTS.—The Attorney General may make 

9 grants to eligible entities to prevent or alleviate the effects 

10 of community violence by providing education, mentoring, 

11 and counseling regarding the principles and application of 

12 nonviolence in conflict resolution. 

13 (b) PRIORITY.—In awarding grants under this sec14 tion, the Attorney General shall give priority to applicants 

15 that agree to use the grant in one or more eligible urban, 

16 rural, tribal, and suburban communities that can certify— 

17 (1) an increased or sustained level of violence or 

18 tension in the community; or 

19 (2) a lack of monetary or other resources to 

20 adopt innovative, integrated, community-based vio21 lence prevention programs. 

22 (c) LIMITATION.—The Attorney General may not 

23 make a grant to an eligible entity under this section unless 

24 the entity agrees to use not less than 70 percent of such 


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1 grant for nonviolence-prevention education and program 

2 development. 

3 (d) DEFINITIONS.—In this section, the term ‘‘eligible 

4 entity’’ means a State or local government entity (includ5 ing law enforcement), educational institution, nonprofit 

6 community, or faith-based organization. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

8 out this section, there is authorized to be appropriated 

9 $60,000,000 for each of the fiscal years 2018 through 

10 2023. 

11 SEC. 1056. LIMITATION ON USE OF FUNDS. 

12 None of the funds made available by this Act may 

13 be used for activities prohibited by the order issued by 

14 the Attorney General entitled ‘‘Prohibition on Certain 

15 Federal Adoptions of Seizures by State and Local Law 

16 Enforcement Agencies’’ (Order No. 3488–2015, dated 

17 January 16, 2015) or the order entitled ‘‘Prohibition on 

18 Certain Federal Adoptions of Seizures by State and Local 

19 Law Enforcement Agencies’’ (Order No. 3485–2015, 

20 dated January 12, 2015). 

21 SEC. 1057. FINDINGS. 

22 Congress finds the following: 

23 (1) Nearly 60 percent of the inmates in jails in 

24 the United States are pretrial detainees who have 

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1 cent of whom have been charged with nonviolent 

2 crimes. 

3 (2) Under current bail systems that use pay4 ment of money as a condition of pretrial release, 

5 nearly 50 percent of the most dangerous pretrial de6 tainees are released without supervision, according 

7 to a study by the Arnold Foundation. 

8 (3) Throughout the Nation, those with money 

9 can buy their freedom while poor defendants remain 

10 incarcerated awaiting trial. 

11 (4) Pretrial detention costs State and local gov12 ernments an estimated $14,000,000,000 each year. 

13 (5) Pretrial detention should be based on 

14 whether the accused is likely to fail to appear in 

15 court or is a threat to public safety, not the ability 

16 to pay money as a condition of pretrial release. 

17 (6) The States, the United States Department 

18 of Justice, law enforcement agencies, public officials, 

19 and community groups should collaborate to develop 

20 pretrial detention systems that improve public safe21 ty, reduce costs, and discourage criminal behavior. 

22 SEC. 1058. ELIGIBILITY FOR GRANTS UNDER THE BYRNE 

23 JAG PROGRAM. 

24 Section 505 of the Omnibus Crime Control and Safe 

25 Streets Act of 1968 (42 U.S.C. 3755) is amended— 


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1 (1) in subsection (a)— 

2 (A) by adding at the end the following: 

3 ‘‘(3) ELIGIBILITY.—Beginning with the third 

4 fiscal year beginning after the enactment of the ‘No 

5 Money Bail Act of 2017’, the Attorney General shall 

6 not allocate any amounts appropriated to carry out 

7 this part to any State that uses payment of money 

8 as a condition of pretrial release with respect to 

9 criminal cases.’’; and 

10 (B) in paragraph (1) by striking ‘‘in para11 graph (2)’’ and inserting ‘‘in paragraphs (2) 

12 and (3)’’; and 

13 (2) in subsection (f)— 

14 (A) by striking ‘‘If the Attorney General’’ 

15 and inserting ‘‘(1) IN GENERAL.—If the Attor16 ney General’’; and 

17 (B) by adding at the end the following: 

18 ‘‘(2) STATE INELIGIBLE DUE TO SYSTEM OF

19 BAIL.—Notwithstanding paragraph (1), if the Attor20 ney General determines with respect to any grant 

21 period that a State is made ineligible by subsection 

22 (a)(3), the Attorney General shall reallocate any 

23 amounts allocated to or that would have been allo24 cated to such State for such period— 

25 ‘‘(A) among the other eligible States; and 


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1 ‘‘(B) in proportion to allocations among el2 igible States under subsection (a).’’. 

3 SEC. 1059. PROHIBITION OF MONEY BAIL IN FEDERAL 

4 CRIMINAL CASES. 

5 Notwithstanding any provision of Federal law, no jus6 tice, judge, or other judicial official in any court created 

7 by or under article III of the Constitution of the United 

8 States may use payment of money as a condition of pre9 trial release in any criminal case. 

10 SEC. 1060. REDUCTION IN GRANT FUNDING FOR UNITS OF 

11 LOCAL GOVERNMENT. 

12 (a) COLLECTION OF FINES FOR VIOLATIONS OF

13 TRAFFIC LAWS.—Except as provided in subsection (b) or 

14 section 4, a unit of local government which, during the 

15 previous 3 fiscal years, funded an amount that, on aver16 age, was greater than 18 percent of its operating budget 

17 using revenue generated from collecting fines and other 

18 fees related to violations of traffic laws, shall, in the case 

19 of a unit of local government receiving grant funds under 

20 subpart 1 of part E of title I of the Omnibus Crime Con21 trol and Safe Streets Act of 1968 (42 U.S.C. 3750 et 

22 seq.), receive only 25 percent of the grant award that 

23 would have otherwise been awarded to that unit of local 

24 government under such subpart. 


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1 (b) DISPROPORTIONATE RACIAL COMPOSITION OF

2 LAW ENFORCEMENT AGENCIES.—In the case of a unit of 

3 local government described in subsection (a) for which, 

4 during the previous fiscal year, the percentage of individ5 uals who identify as a race who were employees of the 

6 law enforcement agency for that unit of local government, 

7 and the percentage of individuals who identify as that race 

8 who live in the jurisdiction which that law enforcement 

9 agency serves, differs by greater than 30 percent, the unit 

10 of local government shall receive only 5 percent of the 

11 grant award that would have otherwise been awarded to 

12 that unit of local government under subpart 1 of part E 

13 of title I of the Omnibus Crime Control and Safe Streets 

14 Act of 1968 (42 U.S.C. 3750 et seq.). 

15 (c) OBLIGATION OF STATES.—A State that receives 

16 a grant award under subpart 1 of part E of title I of the 

17 Omnibus Crime Control and Safe Streets Act of 1968 (42 

18 U.S.C. 3750 et seq.), which does not reduce a subgrant 

19 award made under such grant to a unit of local govern20 ment in its jurisdiction in accordance with this section, 

21 shall, in the succeeding fiscal year, receive only 50 percent 

22 of the grant award that would have otherwise been award23 ed to that State under such subpart. 

24 (d) REALLOCATION.—Any funds withheld from a 

25 State or unit of local government from a direct grant 


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1 award by the Attorney General shall be reallocated in ac2 cordance with subpart 1 of part E of title I of the Omni3 bus Crime Control and Safe Streets Act of 1968 (42 

4 U.S.C. 3750 et seq.). 

5 SEC. 1061. EXEMPTIONS. 

6 The provisions of section 3 shall not apply in the case 

7 of any unit of local government— 

8 (1) that serves a population of less than 15,000 

9 people and so certifies to the Attorney General; or 

10 (2) to which the Attorney General has granted 

11 a waiver under section 5. 

12 SEC. 1062. WAIVERS. 

13 The Attorney General may, in his or her discretion, 

14 grant a waiver under this section to any unit of local gov15 ernment for good cause shown, and shall consider the fol16 lowing factors: 

17 (1) Whether, resulting from allegations of ex18 cessive uses of force, false arrests, improper searches 

19 and seizures, failures to discipline officers suffi20 ciently, or failure to supervise officers, the unit of 

21 local government is subject to a consent decree or 

22 Memorandum of Understanding, or the subject of an 

23 investigation by the Special Litigation Section of the 

24 Civil Rights Division of the Department of Justice. 


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1 (2) Whether the unit of local government has 

2 taken affirmative action to ensure that adequate 

3 practices and procedures are in place to increase 

4 public trust and confidence in the impartial and eq5 uitable administration of justice, including— 

6 (A) whether incidents of officer involved 

7 shootings and uses of excessive force are inves8 tigated by a Special Prosecutor appointed by 

9 the Governor, State Attorney General, or Pre10 siding Judge of the local court of jurisdiction; 

11 (B) whether incidents of officer involved 

12 shootings and uses of excessive force are adju13 dicated in a public proceeding rather than the 

14 grand jury process. 

15 (3) Whether the minority community is equi16 tably represented in the municipality’s legislative 

17 body and executive departments. 

18 TITLE II—PUBLIC DEFENSE 

19 SEC. 2001. CLARIFICATION OF RIGHT TO COUNSEL. 

20 (a) RIGHT TO COUNSEL IN IMMIGRATION PRO21 CEEDINGS.—Section 292 of the Immigration and Nation22 ality Act (8 U.S.C. 1362) is amended to read as follows: 

23 ‘‘SEC. 292. RIGHT TO COUNSEL. 

24 ‘‘(a) IN GENERAL.—In any removal, exclusion, or de25 portation proceeding or inspection under section 235(a), 


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1 235(b), 236, 238, 240, or 241, the person subject to such 

2 proceeding shall be entitled to representation (at no ex3 pense to the Government) by such authorized counsel as 

4 the person may choose. 

5 ‘‘(b) REDRESS OPTIONS.—If counsel cannot person6 ally meet with a person subject to holding, detention, or 

7 inspection at a port of entry, U.S. Customs and Border 

8 Protection or U.S. Immigration and Customs Enforce9 ment, as appropriate, shall provide redress options 

10 through which counsel may communicate remotely with 

11 the held or detained person during the first hour and 

12 thereafter of such holding or detention, regardless of the 

13 day or time when such holding or detention began. 

14 ‘‘(c) RECORD OF ABANDONMENT OF LAWFUL PER15 MANENT RESIDENT STATUS OR WITHDRAWAL OF APPLI16 CATION FOR ADMISSION.—A person held or detained at 

17 a port of entry may not submit a valid Record of Abandon18 ment of Lawful Permanent Resident Status or Withdrawal 

19 of Application for Admission if such person has been de20 nied access to counsel in accordance with this section. 

21 ‘‘(d) DEFINITIONS.—In this section: 

22 ‘‘(1) INSPECTION.—The term ‘inspection’ does 

23 not include primary inspection (as defined in the 

24 policies of the Department of Homeland Security). 


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1 ‘‘(2) PERSON.—The term ‘person’ has the 

2 meaning given the term in section 101(b)(3).’’. 

3 (b) RIGHT TO COUNSEL OR REPRESENTATION.—Sec4 tion 555(b) of title 5, United States Code, is amended by 

5 adding at the end the following: ‘‘The right to be accom6 panied, represented, and advised by counsel or other quali7 fied representative under this subsection shall extend to 

8 any person subject to a proceeding, examination, holding, 

9 or detention described in section 292 of the Immigration 

10 and Nationality Act (8 U.S.C. 1362).’’. 

11 (c) SAVINGS PROVISION.—Nothing in this section, or 

12 in any amendment made by this section, may be construed 

13 to limit any preexisting right to counsel under section 292 

14 of the Immigration and Nationality Act (8 U.S.C. 1362), 

15 as in effect on the day before the date of the enactment 

16 of this Act, or under any other law. 

17 SEC. 2002. TREATMENT OF INDIVIDUALS HELD OR DE18 TAINED AT PORTS OF ENTRY OR AT ANY CBP 

19 OR ICE DETENTION FACILITY. 

20 (a) IN GENERAL.—The holding or detention of indi21 viduals at a port of entry or at any holding or detention 

22 facility overseen by U.S. Customs and Border Protection 

23 or U.S. Immigration and Customs Enforcement— 


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1 (1) shall be limited to the briefest term and the 

2 least restrictive conditions practicable and consistent 

3 with the rationale for such holding or detention; and 

4 (2) shall include access to food, water, and rest5 room facilities. 

6 (b) SAVINGS PROVISION.—Nothing in this section 

7 may be construed to limit agencies from complying with 

8 other legal authorities, policies, or standards with respect 

9 to treatment of individuals held or detained at ports of 

10 entry or at any holding or detention facility overseen by 

11 U.S. Customs and Border Protection or U.S. Immigration 

12 and Customs Enforcement. 

13 SEC. 2003. DUTY TO DISCLOSE FAVORABLE INFORMATION. 

14 Chapter 201 of title 18, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘§ 3014. Duty to disclose favorable information 

17 ‘‘(a) DEFINITIONS.—In this section— 

18 ‘‘(1) the term ‘covered information’ means in19 formation, data, documents, evidence, or objects that 

20 may reasonably appear to be favorable to the de21 fendant in a criminal prosecution brought by the 

22 United States with respect to— 

23 ‘‘(A) the determination of guilt; 


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1 ‘‘(B) any preliminary matter before the 

2 court before which the criminal prosecution is 

3 pending; or 

4 ‘‘(C) the sentence to be imposed; and 

5 ‘‘(2) the term ‘prosecution team’ includes, with 

6 respect to a criminal prosecution brought by the 

7 United States— 

8 ‘‘(A) the Executive agency, as defined in 

9 section 105 of title 5, that brings the criminal 

10 prosecution on behalf of the United States; and 

11 ‘‘(B) any entity or individual, including a 

12 law enforcement agency or official, that— 

13 ‘‘(i) acts on behalf of the United 

14 States with respect to the criminal pros15 ecution; 

16 ‘‘(ii) acts under the control of the 

17 United States with respect to the criminal 

18 prosecution; or 

19 ‘‘(iii) participates, jointly with the Ex20 ecutive agency described in subparagraph 

21 (A), in any investigation with respect to 

22 the criminal prosecution. 

23 ‘‘(b) DUTY TO DISCLOSE FAVORABLE INFORMA24 TION.—In a criminal prosecution brought by the United 


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1 States, the attorney for the Government shall provide to 

2 the defendant any covered information— 

3 ‘‘(1) that is within the possession, custody, or 

4 control of the prosecution team; or 

5 ‘‘(2) the existence of which is known, or by the 

6 exercise of due diligence would become known, to the 

7 attorney for the Government. 

8 ‘‘(c) TIMING.—Except as provided in subsections (e) 

9 and (f), the attorney for the Government shall provide to 

10 the defendant any covered information— 

11 ‘‘(1) without delay after arraignment and before 

12 the entry of any guilty plea; and 

13 ‘‘(2) if the existence of the covered information 

14 is not known on the date of the initial disclosure 

15 under this subsection, as soon as is reasonably prac16 ticable upon the existence of the covered information 

17 becoming known, without regard to whether the de18 fendant has entered or agreed to enter a guilty plea. 

19 ‘‘(d) RELATIONSHIP TO OTHER LAWS.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), the requirements under subsections (b) 

22 and (c) shall apply notwithstanding section 3500(a) 

23 or any other provision of law (including any rule or 

24 statute). 


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1 ‘‘(2) CLASSIFIED INFORMATION.—Classified in2 formation (as defined in section 1 of the Classified 

3 Information Procedures Act (18 U.S.C. App.)) shall 

4 be treated in accordance with the Classified Infor5 mation Procedures Act. 

6 ‘‘(e) PROTECTIVE ORDERS.— 

7 ‘‘(1) IN GENERAL.—Upon motion of the United 

8 States, the court may issue an order to protect 

9 against the immediate disclosure to a defendant of 

10 covered information otherwise required to be dis11 closed under subsection (b) if— 

12 ‘‘(A) the covered information is favorable 

13 to the defendant solely because the covered in14 formation would provide a basis to impeach the 

15 credibility of a potential witness; and 

16 ‘‘(B) the United States establishes a rea17 sonable basis to believe that— 

18 ‘‘(i) the identity of the potential wit19 ness is not already known to any defend20 ant; and 

21 ‘‘(ii) disclosure of the covered infor22 mation to a defendant would present a 

23 threat to the safety of the potential witness 

24 or of any other person. 


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1 ‘‘(2) TIME LIMIT.—The court may delay disclo2 sure of covered information under this subsection 

3 until the earlier of— 

4 ‘‘(A) the date that the court determines 

5 provides a reasonable amount of time before the 

6 date set for trial (which shall be not less than 

7 30 days before the date set for trial, absent a 

8 showing by the United States of compelling cir9 cumstances); and 

10 ‘‘(B) the date on which any requirement 

11 under paragraph (1) ceases to exist. 

12 ‘‘(3) MOTIONS UNDER SEAL.—The court may 

13 permit the United States to file all or a portion of 

14 a motion under this subsection under seal to the ex15 tent necessary to protect the identity of a potential 

16 witness, but the United States— 

17 ‘‘(A) may not file a motion under this sub18 section ex parte; and 

19 ‘‘(B) shall summarize any undisclosed por20 tion of a motion filed under this subsection for 

21 the defendant in sufficient detail to permit the 

22 defendant a meaningful opportunity to be heard 

23 on the motion, including the need for a protec24 tive order or the scope of the requested protec25 tive order. 


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1 ‘‘(f) WAIVER.— 

2 ‘‘(1) IN GENERAL.—A defendant may not waive 

3 a provision of this section except in open court. 

4 ‘‘(2) REQUIREMENTS.—The court may not ac5 cept the waiver of a provision of this section by a 

6 defendant unless the court determines that— 

7 ‘‘(A) the proposed waiver is knowingly, in8 telligently, and voluntarily offered; and 

9 ‘‘(B) the interests of justice require the 

10 proposed waiver. 

11 ‘‘(g) NONCOMPLIANCE.— 

12 ‘‘(1) IN GENERAL.—Before entry of judgment, 

13 upon motion of a defendant or by the court sua 

14 sponte, if there is reason to believe the attorney for 

15 the Government has failed to comply with subsection 

16 (b) or subsection (c), the court shall order the 

17 United States to show cause why the court should 

18 not find the United States is not in compliance with 

19 subsection (b) or subsection (c), respectively. 

20 ‘‘(2) FINDINGS.—If the court determines under 

21 paragraph (1) that the United States is not in com22 pliance with subsection (b) or subsection (c), the 

23 court shall— 

24 ‘‘(A) determine the extent of and reason 

25 for the noncompliance; and 


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1 ‘‘(B) enter into the record the findings of 

2 the court under subparagraph (A). 

3 ‘‘(h) REMEDIES.— 

4 ‘‘(1) REMEDIES REQUIRED.— 

5 ‘‘(A) IN GENERAL.—If the court deter6 mines that the United States has violated the 

7 requirement to disclose covered information 

8 under subsection (b) or the requirement to dis9 close covered information in a timely manner 

10 under subsection (c), the court shall order an 

11 appropriate remedy. 

12 ‘‘(B) TYPES OF REMEDIES.—A remedy 

13 under this subsection may include— 

14 ‘‘(i) postponement or adjournment of 

15 the proceedings; 

16 ‘‘(ii) exclusion or limitation of testi17 mony or evidence; 

18 ‘‘(iii) ordering a new trial; 

19 ‘‘(iv) dismissal with or without preju20 dice; or 

21 ‘‘(v) any other remedy determined ap22 propriate by the court. 

23 ‘‘(C) FACTORS.—In fashioning a remedy 

24 under this subsection, the court shall consider 

25 the totality of the circumstances, including— 


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1 ‘‘(i) the seriousness of the violation; 

2 ‘‘(ii) the impact of the violation on the 

3 proceeding; 

4 ‘‘(iii) whether the violation resulted 

5 from innocent error, negligence, reckless6 ness, or knowing conduct; and 

7 ‘‘(iv) the effectiveness of alternative 

8 remedies to protect the interest of the de9 fendant and of the public in assuring fair 

10 prosecutions and proceedings. 

11 ‘‘(2) DEFENDANT’S COSTS.— 

12 ‘‘(A) IN GENERAL.—If the court grants re13 lief under paragraph (1) on a finding that the 

14 violation of subsection (b) or subsection (c) was 

15 due to negligence, recklessness, or knowing con16 duct by the United States, the court may order 

17 that the defendant, the attorney for the defend18 ant, or, subject to paragraph (D), a qualifying 

19 entity recover from the United States the costs 

20 and expenses incurred by the defendant, the at21 torney for the defendant, or the qualifying enti22 ty as a result of the violation, including reason23 able attorney’s fees (without regard to the 

24 terms of any fee agreement between the defend25 ant and the attorney for the defendant). 


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1 ‘‘(B) QUALIFYING ENTITIES.—In this 

2 paragraph, the term ‘qualifying entity’ means— 

3 ‘‘(i) a Federal Public Defender Orga4 nization; 

5 ‘‘(ii) a Community Defender Organi6 zation; and 

7 ‘‘(iii) a fund established to furnish 

8 representation to persons financially un9 able to obtain adequate representation in 

10 accordance with section 3006A. 

11 ‘‘(C) SOURCE OF PAYMENTS FOR COSTS

12 AND EXPENSES.—Costs and expenses ordered 

13 by a court under subparagraph (A)— 

14 ‘‘(i) shall be paid by the Executive 

15 agency, as defined in section 105 of title 5, 

16 that brings the criminal prosecution on be17 half of the United States, from funds ap18 propriated to that Executive agency; and 

19 ‘‘(ii) may not be paid from the appro20 priation under section 1304 of title 31. 

21 ‘‘(D) PAYMENTS TO QUALIFYING ENTI22 TIES.—Costs and expenses ordered by the court 

23 under subparagraph (A) to a qualifying entity 

24 shall be paid— 


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1 ‘‘(i) to the Community Defender Or2 ganization that provided the appointed at3 torney; or 

4 ‘‘(ii) in the case of a Federal Public 

5 Defender Organization or an attorney ap6 pointed under section 3006A, to the court 

7 for deposit in the applicable appropriations 

8 accounts of the Judiciary as a reimburse9 ment to the funds appropriated to carry 

10 out section 3006A, to remain available 

11 until expended. 

12 ‘‘(i) STANDARD OF REVIEW.—In any appellate pro13 ceeding initiated by a criminal defendant presenting an 

14 issue of fact or law under this section, the reviewing court 

15 may not find an error arising from conduct not in compli16 ance with this section to be harmless unless the United 

17 States demonstrates beyond a reasonable doubt that the 

18 error did not contribute to the verdict obtained.’’. 

19 SEC. 2004. TECHNICAL AND CONFORMING AMENDMENTS. 

20 (a) TABLE OF SECTIONS.—The table of sections for 

21 chapter 201 of title 18, United States Code, is amended 

22 by adding at the end the following: 

‘‘3014. Duty to disclose favorable information.’’. 

23 (b) DEMANDS FOR PRODUCTION OF STATEMENTS

24 AND REPORTS OF WITNESSES.—Section 3500(a) of title 


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1 18, United States Code, is amended by striking ‘‘In’’ and 

2 inserting ‘‘Except as provided in section 3014, in’’. 

3 TITLE III—DRUG POLICY 

4 REFORM 

5 SEC. 3001. DE-SCHEDULING MARIHUANA. 

6 (a) MARIHUANA REMOVED FROM SCHEDULE OF

7 CONTROLLED SUBSTANCES.—Subsection (c) of schedule 

8 I of section 202(c) of the Controlled Substances Act (21 

9 U.S.C. 812) is amended— 

10 (1) by striking ‘‘marihuana’’; and 

11 (2) by striking ‘‘tetrahydrocannabinols’’. 

12 (b) REMOVAL OF PROHIBITION ON IMPORT AND EX13 PORT.—Section 1010(b) of the Controlled Substances Im14 port and Export Act (21 U.S.C. 960) is amended— 

15 ø(1) in paragraph (1)—¿ 

16 ø(A) in subparagraph (F), by inserting 

17 ‘‘or’’ after the semicolon;¿ 

18 ø(B) by striking subparagraph (G); and¿ 

19 ø(C) by redesignating subparagraph (H) 

20 as subparagraph (G);¿ 

21 (2) in paragraph (2)— 

22 (A) in subparagraph (F), by inserting ‘‘or’’ 

23 after the semicolon; 

24 (B) by striking subparagraph (G); and 


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1 (C) by redesignating subparagraph (H) as 

2 subparagraph (G); 

3 (3) in paragraph (3), by striking ‘‘paragraphs 

4 (1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 

5 (2)’’; 

6 (4) by striking paragraph (4); and 

7 (5) by redesignating paragraphs (5), (6), and 

8 (7) as paragraphs (4), (5), and (6), respectively. 

9 (c) CONFORMING AMENDMENTS TO CONTROLLED

10 SUBSTANCES ACT.—The Controlled Substances Act (21 

11 U.S.C. 801 et seq.) is amended— 

12 (1) in section 102(44) (21 U.S.C. 802(44)), by 

13 striking ‘‘marihuana,’’; 

14 (2) in section 401(b) (21 U.S.C. 841(b))— 

15 (A) in paragraph (1)— 

16 (i) in subparagraph (A)— 

17 (I) in clause (vi), by inserting 

18 ‘‘or’’ after the semicolon; 

19 (II) by striking (vii); and 

20 (III) by redesignating clause 

21 (viii) as clause (vii); 

22 (ii) in subparagraph (B)— 

23 (I) by striking clause (vii); and 

24 (II) by redesignating clause (viii) 

25 as clause (vii); 


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1 (iii) in subparagraph (C), in the first 

2 sentence, by striking ‘‘subparagraphs (A), 

3 (B), and (D)’’ and inserting ‘‘subpara4 graphs (A) and (B)’’; 

5 (iv) by striking subparagraph (D); 

6 (v) by redesignating subparagraph (E) 

7 as subparagraph (D); and 

8 (vi) in subparagraph (D)(i), as so re9 designated, by striking ‘‘subparagraphs (C) 

10 and (D)’’ and inserting ‘‘subparagraph 

11 (C)’’; 

12 (B) by striking paragraph (4); and 

13 (C) by redesignating paragraphs (5), (6), 

14 and (7) as paragraphs (4), (5), and (6), respec15 tively; 

16 (3) in section 402(c)(2)(B) (21 U.S.C. 

17 842(c)(2)(B)), by striking ‘‘, marihuana,’’; 

18 (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 

19 by striking ‘‘, marihuana,’’; 

20 (5) in section 418(a) (21 U.S.C. 859(a)), by 

21 striking the last sentence; 

22 (6) in section 419(a) (21 U.S.C. 860(a)), by 

23 striking the last sentence; 

24 (7) in section 422(d) (21 U.S.C. 863(d))— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘marijuana,’’; and 

3 (B) in paragraph (5), by striking ‘‘, such 

4 as a marihuana cigarette,’’; and 

5 (8) in section 516(d) (21 U.S.C. 886(d)), by 

6 striking ‘‘section 401(b)(6)’’ each place the term ap7 pears and inserting ‘‘section 401(b)(5)’’. 

8 (d) OTHER CONFORMING AMENDMENTS.— 

9 (1) NATIONAL FOREST SYSTEM DRUG CONTROL

10 ACT OF 1986.—The National Forest System Drug 

11 Control Act of 1986 (16 U.S.C. 559b et seq.) is 

12 amended— 

13 (A) in section 15002(a) (16 U.S.C. 

14 559b(a)) by striking ‘‘marijuana and other’’; 

15 (B) in section 15003(2) (16 U.S.C. 

16 559c(2)) by striking ‘‘marijuana and other’’; 

17 and 

18 (C) in section 15004(2) (16 U.S.C. 

19 559d(2)) by striking ‘‘marijuana and other’’. 

20 (2) INTERCEPTION OF COMMUNICATIONS.—Sec21 tion 2516 of title 18, United States Code, is amend22 ed— 

23 (A) in subsection (1)(e), by striking ‘‘mari24 huana,’’; and 


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1 (B) in subsection (2) by striking ‘‘mari2 huana,’’. 

3 SEC. 3002. COMMUNITY REINVESTMENT FUND. 

4 (a) ESTABLISHMENT.—There is established in the 

5 Treasury of the United States a fund, to be known as the 

6 ‘‘Community Reinvestment Fund’’ (referred to in this sec7 tion as the ‘‘Fund’’). 

8 (b) DEPOSITS.—The Fund shall consist of— 

9 ø(1) any amounts not awarded to a covered 

10 State because of a determination under section 

11 3(b)(1); and¿ 

12 (2) any amounts otherwise appropriated to the 

13 Fund. 

14 (c) USE OF FUND AMOUNTS.—Amounts in the Fund 

15 shall be available to the Secretary of Housing and Urban 

16 Development to establish a grant program to reinvest in 

17 communities most affected by the war on drugs, which 

18 shall include providing grants to impacted communities for 

19 programs such as— 

20 (1) job training; 

21 (2) reentry services; 

22 (3) expenses related to the expungement of con23 victions; 

24 (4) public libraries; 

25 (5) community centers; 


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1 (6) programs and opportunities dedicated to 

2 youth; 

3 (7) the special purpose fund discussed below; 

4 and 

5 (8) health education programs. 

6 (d) AVAILABILITY OF FUND AMOUNTS.—Amounts in 

7 the Fund shall be available without fiscal year limitation. 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Fund 

10 $500,000,000 for each of fiscal years 2018 through 2040. 

11 SEC. 3003. FINDINGS; SENSE OF CONGRESS. 

12 (a) FINDINGS.—Congress finds the following: 

13 (1) In recent years it has become clear that 

14 programs funded by the Edward Byrne Memorial 

15 Justice Assistance Grant program (referred to in 

16 this Act as the ‘‘Byrne grants program’’) have per17 petuated racial disparities, corruption in law enforce18 ment, and the commission of civil rights abuses 

19 across the country. This is especially the case when 

20 it comes to the program’s funding of hundreds of re21 gional antidrug task forces because the grants for 

22 these antidrug task forces have been dispensed to 

23 State governments with very little Federal oversight 

24 and have been prone to misuse and corruption. 


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1 (2) Numerous Government Accountability Of2 fice reports have found that the Department of Jus3 tice has inadequately monitored grants provided 

4 under the Byrne grants program. A 2001 General 

5 Accounting Office report found that one-third of the 

6 grants did not contain required monitoring plans. 

7 Seventy percent of files on such grants did not con8 tain required progress reports. Forty-one percent of 

9 such files did not contain financial reports covering 

10 the full grant period. A 2002 report by the Heritage 

11 Foundation reported that ‘‘there is virtually no evi12 dence’’ that the Byrne grants program has been suc13 cessful in reducing crime and that the program lacks 

14 ‘‘adequate measures of performance’’. 

15 (3) A 2002 report by the American Civil Lib16 erties Union of Texas identified 17 recent scandals 

17 involving antidrug task forces in Texas that receive 

18 funds under the Byrne grants program. Such scan19 dals include cases of the falsification of government 

20 records, witness tampering, fabricating evidence, 

21 false imprisonment, stealing drugs from evidence 

22 lockers, selling drugs to children, large-scale racial 

23 profiling, sexual harassment, and other abuses of of24 ficial capacity. Recent scandals in other States in25 clude the misuse of millions of dollars in Byrne 


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1 grants program money in Kentucky and Massachu2 setts, wrongful convictions based on police perjury in 

3 Missouri, and negotiations with drug offenders to 

4 drop or lower their charges in exchange for money 

5 or vehicles in Alabama, Arkansas, Georgia, Massa6 chusetts, New York, Ohio, and Wisconsin. 

7 (4) The most well-known Byrne-funded task 

8 force scandal occurred in Tulia, Texas, where dozens 

9 of African American residents (totaling over 16 per10 cent of the town’s African American population) 

11 were arrested, prosecuted, and sentenced to decades 

12 in prison, based solely on the uncorroborated testi13 mony of one undercover officer whose background 

14 included past allegations of misconduct, sexual har15 assment, unpaid debts, and habitual use of a racial 

16 epithet. The undercover officer was allowed to work 

17 alone, and not required to provide audiotapes, video 

18 surveillance, or eyewitnesses to corroborate his alle19 gations. Despite the lack of physical evidence or cor20 roboration, the charges were vigorously prosecuted. 

21 After the first few trials resulted in convictions and 

22 lengthy sentences, many defendants accepted plea 

23 bargains. Suspicions regarding the legitimacy of the 

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1 dence to prove that they were out of State or at 

2 work at the time of the alleged drug purchases. 

3 Texas Governor Rick Perry eventually pardoned the 

4 Tulia defendants (after four years of imprisonment), 

5 but these kinds of scandals continue to plague Byrne 

6 grant program spending. 

7 (5) A case arose in a Federal court in Waco, 

8 Texas concerning the wrongful arrests of 28 African 

9 Americans out of 4,500 other residents of Hearne, 

10 Texas. In November 2000 these individuals were ar11 rested on charges of possession or distribution of 

12 crack cocaine, and they subsequently filed a case 

13 against the county government. On May 11, 2005, 

14 a magistrate judge found sufficient evidence that a 

15 Byrne-funded anti-drug task force had routinely tar16 geted African Americans to hold the county liable 

17 for the harm suffered by the plaintiffs. Plaintiffs in 

18 that lawsuit alleged that for the past 15 years, based 

19 on the uncorroborated tales of informants, task force 

20 members annually raided the African American com21 munity in eastern Hearne to arrest the residents 

22 identified by the confidential informants, resulting in 

23 the arrest and prosecution of innocent citizens with24 out cause. On the eve of trial the counties involved 


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1 in the Hearne task force scandal settled the case, 

2 agreeing to pay financial damages to the plaintiffs. 

3 (6) Scandals related to the Byrne grants pro4 gram have grown so prolific that the Texas legisla5 ture has passed several reforms in response to them, 

6 including outlawing racial profiling and changing 

7 Texas law to prohibit drug offense convictions based 

8 solely on the word of an undercover informant. The 

9 Criminal Jurisprudence Committee of the Texas 

10 House of Representatives issued a report in 2004 

11 recommending that all of the State’s federally fund12 ed antidrug task forces be abolished because they 

13 are inherently prone to corruption. The Committee 

14 reported, ‘‘Continuing to sanction task force oper15 ations as stand-alone law enforcement entities—with 

16 widespread authority to operate at will across mul17 tiple jurisdictional lines—should not continue. The 

18 current approach violates practically every sound 

19 principle of police oversight and accountability appli20 cable to narcotics interdiction.’’ The Texas legisla21 ture passed a law that ends the ability of a narcotics 

22 task force to operate as an entity with no clear ac23 countability. The legislation transfers authority for 

24 multicounty drug task forces to the Department of 

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1 feiture proceeds received by the task forces to a spe2 cial fund to support drug abuse prevention pro3 grams, drug treatment, and other programs de4 signed to reduce drug use in the county where the 

5 assets are seized. 

6 (7) Texas’s ‘‘corroboration’’ law was passed 

7 thanks to a coalition of Christian conservatives and 

8 civil rights activists. As one Texas preacher related, 

9 requiring corroboration ‘‘puts a protective hedge 

10 around the ninth commandment, ‘You shall not bear 

11 false witness against your neighbor.’ As long as peo12 ple bear false witness against their neighbors, this 

13 Biblical law will not be outdated.’’ 

14 (8) During floor debate, conservative Texas leg15 islators pointed out that Mosaic law requires cor16 roboration: ‘‘One witness shall not rise up against a 

17 man for any iniquity, or for any sin, in any sin that 

18 he sinneth: at the mouth of two witnesses, or at the 

19 mouth of three witnesses, shall the matter be estab20 lished.’’ Deuteronomy 19:15. Jesus concurred with 

21 the corroboration rule: ‘‘If thy brother shall trespass 

22 against thee, go and tell him his fault between thee 

23 and him alone. . . . But if he will not hear thee, then 

24 take with thee one or two more, that in the mouth 


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1 of two or three witnesses every word may be estab2 lished.’’ Matthew 18:15–16. 

3 (9) Texas’s ‘‘corroboration’’ law had an imme4 diate positive impact. Once prosecutors needed more 

5 than just the word of one person to convict someone 

6 of a drug offense they began scrutinizing law en7 forcement tactics. This new scrutiny led to the un8 covering of massive corruption and civil rights abuse 

9 by the Dallas police force. In what became known 

10 nationally as the ‘‘Sheetrock’’ scandal, Dallas police 

11 officers and undercover informants were found to 

12 have set up dozens of innocent people, mostly Mexi13 can immigrants, by planting fake drugs on them 

14 consisting of chalk-like material used in Sheetrock 

15 and other brands of wallboard. The revelations led 

16 to the dismissal of over 40 cases (although some of 

17 those arrested were already deported). In April 

18 2005, a former Dallas narcotics detective was sen19 tenced to five years in prison for his role in the 

20 scheme. Charges against others are pending. 

21 (10) Many regional antidrug task forces receive 

22 up to 75 percent of their funding from the Byrne 

23 grant program. As such, the United States Govern24 ment is accountable for corruption and civil rights 

25 abuses inherent in their operation. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) grants under the Byrne grants program 

4 should be prohibited for States that do not exercise 

5 effective control over antidrug task forces; 

6 (2) at a minimum, no State that fails to pro7 hibit criminal convictions based solely on the testi8 mony of a law enforcement officer or informants 

9 should receive a grant under such program; and 

10 (3) corroborative evidence, such as video or 

11 audio tapes, drugs, and money, should always be re12 quired for such criminal convictions to be sustained. 

13 SEC. 3004. LIMITATION ON RECEIPT OF BYRNE GRANT 

14 FUNDS AND OTHER DEPARTMENT OF JUS15 TICE LAW ENFORCEMENT ASSISTANCE. 

16 (a) LIMITATION.—For any fiscal year, a State shall 

17 not receive any amount that would otherwise be allocated 

18 to that State under section 505(a) of the Omnibus Crime 

19 Control and Safe Streets Act of 1968 (42 U.S.C. 

20 3755(a)), or any amount from any other law enforcement 

21 assistance program of the Department of Justice, unless 

22 the State— 

23 (1) does not fund any antidrug task forces for 

24 that fiscal year; or 


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1 (2) has in effect throughout the State laws that 

2 ensure— 

3 (A) a person is not convicted of a drug of4 fense unless the fact that a drug offense was 

5 committed, and the fact that the person com6 mitted that offense, are each supported by evi7 dence other than the eyewitness testimony of a 

8 law enforcement officer or an individual acting 

9 on behalf of a law enforcement officer; and 

10 (B) a law enforcement officer does not par11 ticipate in an antidrug task force unless the 

12 honesty and integrity of that officer is evalu13 ated and found to be at an appropriately high 

14 level. 

15 (b) REGULATIONS.—The Attorney General shall pre16 scribe regulations to carry out subsection (a). 

17 (c) REALLOCATION.—Amounts not allocated by rea18 son of subsection (a) shall be reallocated to States not dis19 qualified by failure to comply with such subsection. 

20 SEC. 3005. COLLECTION OF DATA. 

21 (a) IN GENERAL.—A State that receives Federal 

22 funds pursuant to eligibility under section 3(a)(2), with 

23 respect to a fiscal year, shall collect data, for the most 

24 recent year for which funds were allocated to such State, 

25 with respect to the— 


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1 (1) racial distribution of charges made during 

2 that year; 

3 (2) nature of the criminal law specified in the 

4 charges made; and 

5 (3) city or law enforcement jurisdiction in 

6 which the charges were made. 

7 (b) REPORT.—As a condition of receiving Federal 

8 funds pursuant to section 3(a)(2), a State shall submit 

9 to Congress the data collected under subsection (a) by not 

10 later than the date that is 180 days prior to the date on 

11 which such funds are awarded for a fiscal year. 

12 TITLE IV—JUVENILE JUSTICE 

13 SEC. 4001. FINDINGS. 

14 Congress makes the following findings: 

15 (1) Black men and boys face disproportionate 

16 hardships that result in disparities in areas includ17 ing: education, criminal justice, health, employment, 

18 fatherhood, mentorship, and violence. These hard19 ships have negative consequences for national pro20 ductivity, especially for Black families and commu21 nities. 

22 (2) A Commission to study and examine issues 

23 which disproportionately have a negative impact on 

24 Black men and boys in America will signal that the 

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1 tional priority, will develop solutions to these hard2 ships, and will help eliminate the obstacles facing 

3 Black men and boys. 

4 (3) A Commission will also be able to inves5 tigate potential civil rights violations affecting this 

6 population that attract national attention. 

7 (4) Black babies are three times more likely to 

8 be born in poverty and rapidly fall behind their 

9 White counterparts in cognitive development. 

10 (5) By fourth grade, Black students are ex11 pected to be three years behind White male students. 

12 According to the Educational Testing Service Policy 

13 Informational Center, only 12 percent of Black 

14 eighth-grade male students are proficient in math, 

15 compared to 44 percent of White eighth-grade male 

16 students. 

17 (6) The Educational Testing Service Policy In18 formational Center also found that nationally, more 

19 than 50 percent of Black male students attending 

20 urban schools will drop out. 

21 (7) The low rate of high school retention among 

22 Black male students directly relates to high rates of 

23 joblessness and incarceration among this population. 

24 This barrier to employment exacerbates cycles of 

25 poverty, which in turn results in health inequalities, 


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1 including higher levels of diabetes, obesity, and HIV/ 

2 AIDS. According to a study by the American Acad3 emy of Arts and Sciences, more than 66 percent of 

4 Black male dropouts are expected to serve time in 

5 State or Federal prison. 

6 (8) Black men are subjected to unequal 

7 profiling by the police and disproportionately harsh 

8 sentences in the judicial system. The Black male 

9 population is six times more likely to become incar10 cerated than their White counterparts. Although the 

11 Black male population comprises approximately six 

12 percent of the United States population, of the 

13 2,300,000 people incarcerated nationwide, 1 million 

14 are Black males. Black males receive ten percent 

15 longer Federal sentences than White males who 

16 commit the same crime. 

17 (9) According to the Bureau of Statistics and 

18 the Pew Research Center, Black male unemployment 

19 is consistently almost double that of White male un20 employment. 

21 (10) Black fathers are more than twice as likely 

22 to live apart from their children as White fathers. 

23 (11) Young boys with male mentors are more 

24 likely to progress further in school and have greater 

25 financial success in life. 


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1 SEC. 4002. COMMISSION ESTABLISHMENT AND MEMBER2 SHIP. 

3 (a) ESTABLISHMENT.—The Commission on the So4 cial Status of Black Men and Boys (hereinafter in this 

5 Act referred to as ‘‘the Commission’’) is hereby estab6 lished within the United States Commission on Civil 

7 Rights Office of the Staff Director. 

8 (b) MEMBERSHIP.—The Commission shall consist of 

9 19 members appointed as follows: 

10 (1) The Senate majority leader shall appoint 

11 one member who is not employed by the Federal 

12 Government and is an expert on issues affecting 

13 Black men and boys in America. 

14 (2) The Senate minority leader shall appoint 

15 one member who is not employed by the Federal 

16 Government and is an expert on issues affecting 

17 Black men and boys in America. 

18 (3) The House of Representatives majority 

19 leader shall appoint one member who is not em20 ployed by the Federal Government and is an expert 

21 on issues affecting Black men and boys in America. 

22 (4) The House of Representatives minority 

23 leader shall appoint one member who is not em24 ployed by the Federal Government and is an expert 

25 on issues affecting Black men and boys in America. 


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1 (5) The Chair of the Congressional Black Cau2 cus (CBC) shall be a member of the Commission, as 

3 well as five additional Members of the CBC who ei4 ther sit on the following committees of relevant ju5 risdiction or who is an expert on issues affecting 

6 Black men and boys in America, including— 

7 (A) education; 

8 (B) justice and Civil Rights; 

9 (C) healthcare; 

10 (D) labor and employment; and 

11 (E) housing. 

12 (6) The Staff Director from the United States 

13 Commission on Civil Rights shall appoint one mem14 ber from within the staff of the United States Com15 mission on Civil Rights who is an expert in issues 

16 relating to Black men and boys. 

17 (7) The Chair of the United States Equal Em18 ployment Opportunity Commission shall appoint one 

19 member from within the staff of the United States 

20 Equal Employment Opportunity Commission who is 

21 an expert in equal employment issues impacting 

22 Black men. 

23 (8) The Secretary of Education shall appoint 

24 one member from within the Department of Edu25 cation who is an expert in urban education. 


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1 (9) The Attorney General of the Department of 

2 Justice shall appoint one member from within the 

3 Department of Justice who is an expert in racial dis4 parities with the criminal justice system. 

5 (10) The Secretary of Health and Human Serv6 ices shall appoint one member from within the De7 partment of Health and Human Services who is an 

8 expert in health issues facing Black men. 

9 (11) The Secretary of the Department of Hous10 ing and Urban Development shall appoint one mem11 ber from within the Department of Housing and 

12 Urban Development who is an expert in housing and 

13 development in urban communities. 

14 (12) The Secretary of the Department of Labor 

15 shall appoint one member from within the Depart16 ment of Labor who is an expert in labor issues im17 pacting Black men. 

18 (13) The President of the United States shall 

19 appoint two members who are not employed by the 

20 Federal Government and are experts on issues af21 fecting Black men and boys in America. 

22 SEC. 4003. OTHER MATTERS RELATING TO APPOINTMENT; 

23 REMOVAL. 

24 (a) TIMING OF INITIAL APPOINTMENTS.—Each ini25 tial appointment to the Commission shall be made no later 


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1 than 90 days after the Commission is established. If any 

2 appointing authorities fail to appoint a member to the 

3 Commission, their appointment shall be filled by the 

4 United States Commission on Civil Rights. 

5 (b) TERMS.—Except as otherwise provided in this 

6 section, the term of a member of the Commission shall 

7 be four years. For the purpose of providing staggered 

8 terms, the first term of those members initially appointed 

9 under paragraphs (1) through (5) of section 3 shall be 

10 appointed to two-year terms with all other terms lasting 

11 four years. Members are eligible for consecutive reappoint12 ment. 

13 (c) REMOVAL.—A member of the Commission may 

14 be removed from the Commission at any time by the ap15 pointing authority should the member fail to meet Com16 mission responsibilities. Once the seat becomes vacant, the 

17 appointing authority is responsible for filling the vacancy 

18 in the Commission before the next meeting. 

19 (d) VACANCIES.—The appointing authority of a 

20 member of the Commission shall either reappoint that 

21 member at the end of that member’s term or appoint an22 other person meeting the qualifications for that appoint23 ment. In the event of a vacancy arising during a term, 

24 the appointing authority shall, before the next meeting of 


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1 the Commission, appoint a replacement to finish that 

2 term. 

3 SEC. 4004. LEADERSHIP ELECTION. 

4 At the first meeting of the Commission each year, 

5 the members shall elect a Chair and a Secretary. A va6 cancy in the Chair or Secretary shall be filled by vote of 

7 the remaining members. The Chair and Secretary are eli8 gible for consecutive reappointment. 

9 SEC. 4005. COMMISSION DUTIES AND POWERS. 

10 (a) STUDY.—The Commission shall make a system11 atic study of the conditions affecting Black men and boys, 

12 including, but not limited to, homicide rates, arrest and 

13 incarceration rates, poverty, violence, fatherhood, 

14 mentorship, drug abuse, death rates, disparate income and 

15 wealth levels, school performance in all grade levels includ16 ing postsecondary levels and college, and health issues. 

17 The Commission shall also document trends under the 

18 above topics and report on the community impacts of rel19 evant government programs within the scope of the above 

20 topics. All reports shall be made public via a Federal agen21 cy website. 

22 (b) PROPOSAL OF MEASURES.—The Commission 

23 shall propose measures to alleviate and remedy the under24 lying causes of the conditions described in the subsection 

25 (a), which may include recommendations of changes to the 


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1 law, recommendations for how to implement related poli2 cies, and recommendations for how to create, develop, or 

3 improve upon government programs. 

4 (c) SUGGESTIONS AND COMMENTS.—The Commis5 sion shall accept suggestions or comments pertinent to the 

6 applicable issues from members of Congress, governmental 

7 agencies, public and private organizations, and private 

8 citizens. 

9 (d) STAFF AND ADMINISTRATIVE SUPPORT.—The 

10 Office of the Staff Director of the United States Commis11 sion on Civil Rights shall provide staff and administrative 

12 support to the Commission. All entities of the United 

13 States Government shall provide information that is other14 wise a public record at the request of the Commission on 

15 Black Men and Boys. 

16 SEC. 4006. COMMISSION MEETING REQUIREMENTS. 

17 (a) FIRST MEETING.—The first meeting of the Com18 mission shall take place no later than 30 days after the 

19 initial members are all appointed. Meetings shall be fo20 cused on significant issues impacting Black men and boys, 

21 for the purpose of initiating research ideas and delegating 

22 research tasks to Commission members to initiate the first 

23 semiannual report. 

24 (b) QUARTERLY MEETINGS.—The Commission shall 

25 meet quarterly. In addition to all quarterly meetings, the 


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1 Commission shall meet at other times at the call of the 

2 Chair or as determined by a majority of Commission mem3 bers. 

4 (c) QUORUM; RULE FOR VOTING ON FINAL AC5 TIONS.—A majority of the members of the Commission 

6 constitute a quorum, and an affirmative vote of a majority 

7 of the members present is required for final action. 

8 (d) EXPECTATIONS FOR ATTENDANCE BY MEM9 BERS.—Members are expected to attend all Commission 

10 meetings. In the case of an absence, members are expected 

11 to report to the Chair prior to the meeting and allowance 

12 may be made for an absent member to participate re13 motely. Members will still be responsible for fulfilling prior 

14 commitments, regardless of attendance status. If a mem15 ber is absent twice in a given year, he or she will be re16 viewed by the Chair and appointing authority and further 

17 action will be considered, including removal and replace18 ment on the Commission. 

19 (e) MINUTES.—Minutes shall be taken at each meet20 ing by the Secretary, or in that individual’s absence, the 

21 Chair shall select another Commission member to take 

22 minutes during that absence. The Commission shall make 

23 its minutes publicly available and accessible not later than 

24 one week after each meeting. 


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1 SEC. 4007. ANNUAL REPORT GUIDELINES. 

2 The Commission shall make an annual report, begin3 ning the year of the first Commission meeting. The report 

4 shall address the current conditions affecting Black men 

5 and boys and make recommendations to address these 

6 issues. The report shall be submitted to the President, the 

7 Congress, members of the President’s Cabinet, and the 

8 chairs of the appropriate committees of jurisdiction. The 

9 Commission shall make the report publicly available online 

10 on a centralized Federal website. 

11 SEC. 4008. COMMISSION COMPENSATION. 

12 Members of the Commission shall serve on the Com13 mission without compensation. 

14 TITLE V—PARENTAL INCARCER15 ATION (EXCLUDING CASES IN16 VOLVING CRIMES AGAINST 

17 CHILDREN) 

18 SEC. 5001. TREATMENT OF PRIMARY CARETAKER PARENTS 

19 AND OTHER INDIVIDUALS IN FEDERAL PRIS20 ONS. 

21 (a) IN GENERAL.—Chapter 303 of title 18, United 

22 States Code, is amended by adding at the end the fol23 lowing: 

24 ‘‘§ 4050. Treatment of primary caretaker parents and 

25 other individuals 

26 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘correctional officer’ means a cor2 rectional officer of the Bureau of Prisons; 

3 ‘‘(2) the term ‘Director’ means the Director of 

4 the Bureau of Prisons; 

5 ‘‘(3) the term ‘primary caretaker parent’ has 

6 the meaning given the term in section 31903 of the 

7 Violent Crime Control and Law Enforcement Act of 

8 1994 (42 U.S.C. 13882); and 

9 ‘‘(4) the term ‘prisoner’ means an individual 

10 who is incarcerated in a Federal penal or correc11 tional institution. 

12 ‘‘(b) GEOGRAPHIC PLACEMENT.— 

13 ‘‘(1) ESTABLISHMENT OF OFFICE.—The Direc14 tor shall establish within the Bureau of Prisons an 

15 office that determines the placement of prisoners. 

16 ‘‘(2) PLACEMENT OF PRISONERS.—In deter17 mining the placement of a prisoner, the office estab18 lished under paragraph (1) shall— 

19 ‘‘(A) if the prisoner has children, place the 

20 prisoner as close to the children as possible; and 

21 ‘‘(B) consider any other factor that the of22 fice determines appropriate. 

23 ‘‘(c) VISITATION RULES.—The Director shall pro24 mulgate regulations for visitation between prisoners who 


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1 are primary caretaker parents and their family members 

2 under which— 

3 ‘‘(1) a prisoner may receive visits not fewer 

4 than 6 days per week, which shall include Saturday 

5 and Sunday; 

6 ‘‘(2) a Federal penal or correctional institution 

7 shall be open for visitation for not fewer than 8 

8 hours per day; 

9 ‘‘(3) a prisoner may have up to 5 adult visitors 

10 and an unlimited number of child visitors per visit; 

11 and 

12 ‘‘(4) a prisoner may have physical contact with 

13 visitors unless the prisoner presents an immediate 

14 physical danger to the visitors. 

15 ‘‘(d) PLACEMENT IN SEGREGATED HOUSING UNITS; 

16 PROHIBITION ON SHACKLING.— 

17 ‘‘(1) PLACEMENT IN SEGREGATED HOUSING

18 UNITS.— 

19 ‘‘(A) IN GENERAL.—A Federal penal or 

20 correctional institution may not place a prisoner 

21 who is pregnant or in the first 8 weeks of 

22 postpartum recovery in a segregated housing 

23 unit unless the prisoner presents an immediate 

24 risk of harm to others or herself. 


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1 ‘‘(B) RESTRICTIONS.—Any placement of a 

2 prisoner described in subparagraph (A) in a 

3 segregated housing unit shall be limited and 

4 temporary. 

5 ‘‘(2) PROHIBITION ON SHACKLING.—A Federal 

6 penal or correctional institution may not use instru7 ments of restraint, including handcuffs, chains, 

8 irons, straitjackets, or similar items, on a prisoner 

9 who is pregnant. 

10 ‘‘(e) PARENTING CLASSES.—The Director shall pro11 vide parenting classes to each prisoner who is a primary 

12 caretaker parent. 

13 ‘‘(f) TRAUMA-INFORMED CARE.— 

14 ‘‘(1) IN GENERAL.—The Director shall provide 

15 trauma-informed care to each prisoner who is diag16 nosed with trauma. 

17 ‘‘(2) IDENTIFICATION AND REFERRAL.—The 

18 Director shall provide training to each correctional 

19 officer and each other employee of the Bureau of 

20 Prisons who regularly interacts with prisoners, in21 cluding health care professionals and instructors, to 

22 enable the employees to identify prisoners with trau23 ma and refer those prisoners to the proper 

24 healthcare professional for treatment. 


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1 ‘‘(g) MENTORING BY FORMER PRISONERS.—The Di2 rector shall promulgate regulations under which an indi3 vidual who was formerly incarcerated in a Federal penal 

4 or correctional institution may access such an institution 

5 to— 

6 ‘‘(1) act as a mentor for prisoners; and 

7 ‘‘(2) assist prisoners in reentry. 

8 ‘‘(h) OMBUDSMAN.—The Attorney General shall des9 ignate an ombudsman to oversee and monitor, with re10 spect to Federal penal and correctional institutions— 

11 ‘‘(1) prisoner transportation; 

12 ‘‘(2) use of segregated housing; 

13 ‘‘(3) strip searches of prisoners; and 

14 ‘‘(4) civil rights violations. 

15 ‘‘(i) TELECOMMUNICATIONS.— 

16 ‘‘(1) IN GENERAL.—The Director— 

17 ‘‘(A) may not charge a fee for a telephone 

18 call made by a prisoner; and 

19 ‘‘(B) shall make videoconferencing avail20 able to prisoners in each Federal penal or cor21 rectional institution free of charge. 

22 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

23 paragraph (1)(B) shall be construed to authorize the 

24 Director to use videoconferencing as a substitute for 

25 in-person visits. 


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1 ‘‘(j) INMATE HEALTH.— 

2 ‘‘(1) HEALTHCARE PRODUCTS.— 

3 ‘‘(A) AVAILABILITY.—The Director shall 

4 make the healthcare products described in sub5 paragraph (C) available to prisoners for free, in 

6 a quantity that is appropriate to the healthcare 

7 needs of each prisoner. 

8 ‘‘(B) QUALITY OF PRODUCTS.—The Direc9 tor shall ensure that the healthcare products 

10 provided under this paragraph conform with ap11 plicable industry standards. 

12 ‘‘(C) PRODUCTS.—The healthcare products 

13 described in this subparagraph are— 

14 ‘‘(i) tampons; 

15 ‘‘(ii) sanitary napkins; 

16 ‘‘(iii) moisturizing soap, which may 

17 not be lye-based; 

18 ‘‘(iv) shampoo; 

19 ‘‘(v) body lotion; 

20 ‘‘(vi) Vaseline; 

21 ‘‘(vii) toothpaste; 

22 ‘‘(viii) toothbrushes; 

23 ‘‘(ix) aspirin; 

24 ‘‘(x) ibuprofen; and 


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1 ‘‘(xi) any other healthcare product 

2 that the Director determines appropriate. 

3 ‘‘(2) GYNECOLOGIST ACCESS.—The Director 

4 shall ensure that female prisoners have access to a 

5 gynecologist. 

6 ‘‘(k) USE OF SEX-APPROPRIATE CORRECTIONAL OF7 FICERS.— 

8 ‘‘(1) REGULATIONS.—The Director shall pro9 mulgate regulations under which— 

10 ‘‘(A) a correctional officer may not conduct 

11 a strip search of a prisoner of the opposite sex 

12 unless— 

13 ‘‘(i) the prisoner presents a risk of 

14 immediate harm to herself or himself or 

15 others; and 

16 ‘‘(ii) no other correctional officer of 

17 the same sex as the prisoner is available to 

18 assist; and 

19 ‘‘(B) a correctional officer may not enter a 

20 restroom reserved for prisoners of the opposite 

21 sex unless— 

22 ‘‘(i)(I) a prisoner in the restroom pre23 sents a risk of immediate harm to herself 

24 or himself or others; or 


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1 ‘‘(II) there is a medical emergency in 

2 the restroom; and 

3 ‘‘(ii) no other correctional officer of 

4 the appropriate sex is available to assist. 

5 ‘‘(2) RELATION TO OTHER LAWS.—Nothing in 

6 paragraph (1) shall be construed to affect the re7 quirements under the Prison Rape Elimination Act 

8 of 2003 (42 U.S.C. 15601 et seq.).’’. 

9 (b) SUBSTANCE ABUSE TREATMENT.—Section 

10 3621(e) of title 18, United States Code, is amended by 

11 adding at the end the following: 

12 ‘‘(7) ELIGIBILITY OF PRIMARY CARETAKER

13 PARENTS AND PREGNANT WOMEN.—The Bureau of 

14 Prisons may not prohibit a prisoner who is a pri15 mary caretaker parent (as defined in section 4050) 

16 or pregnant from participating in a program of resi17 dential substance abuse treatment provided under 

18 paragraph (1) based on the failure of the individual, 

19 before being committed to the custody of the Bu20 reau, to disclose to any official that the individual 

21 had a substance abuse problem.’’. 

22 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

23 The table of sections for chapter 303 of title 18, United 

24 States Code, is amended by adding at the end the fol25 lowing: 

‘‘4050. Treatment of primary caretaker parents and other individuals.’’. 


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1 SEC. 5002. OVERNIGHT VISIT PILOT PROGRAM. 

2 (a) DEFINITIONS.—In this section— 

3 (1) the term ‘‘Director’’ means the Director of 

4 the Bureau of Prisons; 

5 (2) the term ‘‘primary caretaker parent’’ has 

6 the meaning given the term in section 31903 of the 

7 Violent Crime Control and Law Enforcement Act of 

8 1994 (42 U.S.C. 13882); and 

9 (3) the term ‘‘prisoner’’ means an individual 

10 who is incarcerated in a Federal penal or correc11 tional institution. 

12 (b) PILOT PROGRAM.—The Director shall carry out 

13 a pilot program under which prisoners who are primary 

14 caretaker parents and meet eligibility criteria established 

15 by the Director may receive overnight visits from family 

16 members. 

17 (c) ELIGIBILITY CRITERIA.—In establishing eligi18 bility criteria for the pilot program under subsection (b), 

19 the Director shall— 

20 (1) require that a prisoner have displayed good 

21 behavior; and 

22 (2) prohibit participation by any prisoner who 

23 has been convicted of a crime of violence (as defined 

24 in section 16 of title 18, United States Code). 


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1 TITLE VI—SENTENCING REFORM 

2 SEC. 6001. FINDINGS. 

3 Congress makes the following findings: 

4 (1) Mandatory minimum sentences are statu5 torily prescribed terms of imprisonment that auto6 matically attach upon conviction of certain criminal 

7 conduct, usually pertaining to drug or firearm of8 fenses. Absent very narrow criteria for relief, a sen9 tencing judge is powerless to mandate a term of im10 prisonment below the mandatory minimum. Manda11 tory minimum sentences for drug offenses rely solely 

12 upon the weight of the substance as a proxy for the 

13 degree of involvement of a defendant’s role. 

14 (2) In the Anti-Drug Abuse Act of 1986, and 

15 at the height of the public outcry over crack cocaine, 

16 Congress acted hastily, without sufficient hearings, 

17 and enacted hard line penalties that targeted low18 level drug offenders. These penalties included new, 

19 long mandatory minimum sentences for such offend20 ers. 

21 (3) According to the Bureau of Prisons, in 

22 1986, when the new drug law containing lengthy 

23 mandatory minimum sentences passed, the prison 

24 population was 46,055. Today, the Federal prison 


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1 population is over 186,094 prisoners, up almost 300 

2 percent in 31 years. 

3 (4) According to the Bureau of Prisons, the 

4 cost to keep one prisoner in Federal prison for one 

5 year is over $31,000. 

6 (5) According to the Department of Justice, 

7 since the enactment of mandatory minimum sen8 tencing for drug users, the Federal Bureau of Pris9 ons budget increased from $876 million in 1987 to 

10 about $7.1 billion in 2017. 

11 (6) According to the U.S. Sentencing Commis12 sion, between 1995 and 2010, over 400,000 drug of13 fenders were sentenced under Federal law; of these, 

14 almost 250,000 (61 percent) received mandatory 

15 minimum sentences. 

16 (7) According to the U.S. Sentencing Commis17 sion, drug offenders released from prison in 1986 

18 who had been sentenced before the adoption of man19 datory sentences and sentencing guidelines had 

20 served an average of 22 months in prison. In 2010, 

21 almost two-thirds of all drug offenders received a 

22 mandatory sentence, with most receiving a 10-year 

23 minimum. Most of these offenders are nonviolent or 

24 lower-level offenders with little or no criminal his25 tory: in 2010, 51.6 percent had few or no prior conVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 victions, 83.6 percent did not have weapons involved 

2 in their offense, and only 6 percent were considered 

3 leaders, managers, or supervisors of drug operations. 

4 (8) Mandatory minimum sentences have con5 sistently been shown to have a disproportionate im6 pact on African-Americans. The United States Sen7 tencing Commission, in a 15-year overview of the 

8 Federal sentencing system, concluded that ‘‘manda9 tory penalty statutes are used inconsistently’’ and 

10 disproportionately affect African-American defend11 ants. African-American drug defendants are 20 per12 cent more likely to be sentenced to prison than 

13 White drug defendants. 

14 (9) According to the U.S. Sentencing Commis15 sion, between 1994 and 2003, the average time 

16 served by African-Americans for a drug offense in17 creased by 62 percent, compared to a 17 percent in18 crease among White drug defendants. 

19 (10) According to the Substance Abuse and 

20 Mental Health Services Administration, government 

21 surveys document that drug use is roughly con22 sistent across racial and ethnic groups. While there 

23 is less data available regarding drug sellers, research 

24 from the Office of National Drug Control Policy and 

25 the National Institute of Justice has found that 


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1 drug users generally buy drugs from someone of 

2 their own racial or ethnic background. But, accord3 ing to the U.S. Sentencing Commission, over 70 per4 cent of all Federal narcotics offenders sentenced 

5 each year are African-Americans and Hispanic 

6 Americans, many of whom are low-level offenders. 

7 (11) As a result of Federal prosecutors’ focus 

8 on low-level drug offenders, the overwhelming major9 ity of individuals subject to the heightened crack co10 caine penalties are African-American. According to 

11 the U.S. Sentencing Commission’s 2007 Report to 

12 Congress on crack cocaine, only 8.8 percent of Fed13 eral crack cocaine convictions were imposed on 

14 White Americans, while 81.8 percent and 8.4 per15 cent were imposed on African-Americans and His16 panics, respectively. 

17 (12) According to the U.S. Census, African18 Americans comprise 12 percent of the U.S. popu19 lation and, according to the Substance Abuse and 

20 Mental Health Services Administration, about 10 

21 percent of all drug users, but almost 30 percent of 

22 all Federal drug convictions according to the U.S. 

23 Sentencing Commission. 

24 (13) According to the U.S. Sentencing Commis25 sion, African-Americans, on average, now serve alVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 most as much time in Federal prison for a drug of2 fense (58.7 months) as Whites do for a violent of3 fense (61.7 months). 

4 (14) According to the U.S. Sentencing Commis5 sion, in 2010, almost 30 percent of women entering 

6 Federal prison did so for a drug offense. Linking 

7 drug quantity with punishment severity has had a 

8 particularly profound impact on women, who are 

9 more likely to play peripheral roles in a drug enter10 prise than men. However, because prosecutors can 

11 attach drug quantities to an individual regardless of 

12 the level of a defendant’s participation in the 

13 charged offense, women have been exposed to in14 creasingly punitive sentences to incarceration. 

15 (15) Low-level and mid-level drug offenders can 

16 be adequately prosecuted by the States and punished 

17 or supervised in treatment as appropriate. 

18 (16) The Departments of Justice, Treasury, 

19 and Homeland Security are the agencies with the 

20 greatest capacity to investigate, prosecute and dis21 mantle the highest level of drug trafficking organiza22 tions. Low-level drug offender investigations and 

23 prosecutions divert Federal personnel and resources 

24 from prosecuting high-level traffickers. 


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1 (17) Congress must have the most current in2 formation on the number of prosecutions of high3 level and low-level drug offenders in order to prop4 erly reauthorize Federal drug enforcement programs. 

5 (18) Congress has an obligation to taxpayers to 

6 use sentencing policies that are cost-effective and in7 crease public safety, in addition to establishing a 

8 criminal justice system that is fair, efficient and pro9 vides just sentences for offenders. Mandatory sen10 tences have not been conclusively shown to reduce 

11 recidivism or deter crime. 

12 (19) Prisons are important and expensive; the 

13 limited resources in the Federal criminal justice sys14 tem should be used to protect society by incapaci15 tating dangerous and violent offenders who pose a 

16 threat to public safety. The Federal judiciary has 

17 the expertise and is in the best position to sentence 

18 each offender and determine who should be sent to 

19 Federal prisons and the amount of time each of20 fender should serve. 

21 SEC. 6002. APPROVAL OF CERTAIN PROSECUTIONS BY AT22 TORNEY GENERAL. 

23 A Federal prosecution for an offense under the Con24 trolled Substances Act, the Controlled Substances Import 

25 and Export Act, or for any conspiracy to commit such an 


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1 offense, where the offense involves the illegal distribution 

2 or possession of a controlled substance in an amount less 

3 than that amount specified as a minimum for an offense 

4 under section 401(b)(1)(A) of the Controlled Substances 

5 Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any sub6 stance containing cocaine or cocaine base, in an amount 

7 less than 500 grams, shall not be commenced without the 

8 prior written approval of the Attorney General. 

9 SEC. 6003. MODIFICATION OF CERTAIN SENTENCING PRO10 VISIONS. 

11 (a) SECTION 404.—Section 404(a) of the Controlled 

12 Substances Act (21 U.S.C. 844(a)) is amended— 

13 (1) by striking ‘‘not less than 15 days but’’; 

14 (2) by striking ‘‘not less than 90 days but’’; 

15 and 

16 (3) by striking the sentence beginning ‘‘The im17 position or execution of a minimum sentence’’. 

18 (b) SECTION 401.—Section 401(b) of the Controlled 

19 Substances Act (21 U.S.C. 841(b)) is amended— 

20 (1) in paragraph (1)(A)— 

21 (A) by striking ‘‘which may not be less 

22 than 10 years and or more than’’ and inserting 

23 ‘‘for any term of years or for’’; 

24 (B) by striking ‘‘and if death’’ the first 

25 place it appears and all that follows through 


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1 ‘‘20 years or more than life’’ the first place it 

2 appears; 

3 (C) by striking ‘‘which may not be less 

4 than 20 years and not more than life imprison5 ment’’ and inserting ‘‘for any term of years or 

6 for life’’; 

7 (D) by inserting ‘‘imprisonment for any 

8 term of years or’’ after ‘‘if death or serious bod9 ily injury results from the use of such substance 

10 shall be sentenced to’’; 

11 (E) by striking the sentence beginning ‘‘If 

12 any person commits a violation of this subpara13 graph’’; and 

14 (F) by striking the sentence beginning 

15 ‘‘Notwithstanding any other provision of law’’ 

16 and the sentence beginning ‘‘No person sen17 tenced’’; and 

18 (2) in paragraph (1)(B)— 

19 (A) by striking ‘‘which may not be less 

20 than 5 years and’’ and inserting ‘‘for’’; 

21 (B) by striking ‘‘not less than 20 years or 

22 more than’’ and inserting ‘‘for any term of 

23 years or to’’; 


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1 (C) by striking ‘‘which may not be less 

2 than 10 years and more than’’ and inserting 

3 ‘‘for any term of years or for’’; 

4 (D) by inserting ‘‘imprisonment for any 

5 term of years or to’’ after ‘‘if death or serious 

6 bodily injury results from the use of such sub7 stance shall be sentenced to’’; and 

8 (E) by striking the sentence beginning 

9 ‘‘Notwithstanding any other provision of law’’. 

10 (c) SECTION 1010.—Section 1010(b) of the Con11 trolled Substances Import and Export Act (21 U.S.C. 

12 960(b)) is amended— 

13 (1) in paragraph (1)— 

14 (A) by striking ‘‘of not less than 10 years 

15 and not more than’’ and inserting ‘‘for any 

16 term of years or for’’; 

17 (B) by striking ‘‘and if death’’ the first 

18 place it appears and all that follows through 

19 ‘‘20 years and not more than life’’ the first 

20 place it appears; 

21 (C) by striking ‘‘of not less than 20 years 

22 and not more than life imprisonment’’ and in23 serting ‘‘for any term of years or for life’’; 

24 (D) by inserting ‘‘imprisonment for any 

25 term of years or to’’ after ‘‘if death or serious 


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1 bodily injury results from the use of such sub2 stance shall be sentenced to’’; and 

3 (E) by striking the sentence beginning 

4 ‘‘Notwithstanding any other provision of law’’; 

5 and 

6 (2) in paragraph (2)— 

7 (A) by striking ‘‘not less than 5 years 

8 and’’; 

9 (B) by striking ‘‘of not less than twenty 

10 years and not more than’’ and inserting ‘‘for 

11 any term of years or for’’; 

12 (C) by striking ‘‘of not less than 10 years 

13 and not more than’’ and inserting ‘‘for any 

14 term of years or to’’; 

15 (D) by inserting ‘‘imprisonment for any 

16 term of years or to’’ after ‘‘if death or serious 

17 bodily injury results from the use of such sub18 stance shall be sentenced to’’; and 

19 (E) by striking the sentence beginning 

20 ‘‘Notwithstanding any other provision of law’’. 

21 (d) SECTION 418.—Section 418 of the Controlled 

22 Substances Act (21 U.S.C. 859) is amended by striking 

23 the sentence beginning ‘‘Except to the extent’’ each place 

24 it appears and by striking the sentence beginning ‘‘The 

25 mandatory minimum’’. 


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1 (e) SECTION 419.—Section 419 of the Controlled 

2 Substances Act (21 U.S.C. 860) is amended by striking 

3 the sentence beginning ‘‘Except to the extent’’ each place 

4 it appears and by striking the sentence beginning ‘‘The 

5 mandatory minimum’’. 

6 (f) SECTION 420.—Section 420 of the Controlled 

7 Substances Act (21 U.S.C. 861) is amended— 

8 (1) in each of subsections (b) and (c), by strik9 ing the sentence beginning ‘‘Except to the extent’’; 

10 (2) by striking subsection (e); and 

11 (3) in subsection (f), by striking ‘‘, (c), and (e)’’ 

12 and inserting ‘‘and (c)’’. 

13 SEC. 6004. ELIGIBILITY FOR RESENTENCING BASED ON 

14 CHANGES IN LAW. 

15 In the case of a defendant who was sentenced to a 

16 term of imprisonment for an offense for which the min17 imum or maximum term of imprisonment was subse18 quently reduced as a result of the amendments made by 

19 this Act, upon motion of the defendant, counsel for the 

20 defendant, counsel for the Government, or the Director 

21 of the Bureau of Prisons, or, on its own motion, the court 

22 may reduce the term of imprisonment consistent with that 

23 reduction, after considering the factors set forth in sub24 sections (a) and (d) through (g) of section 3553 to the 

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1 tion, the reduced sentence shall not be less than permitted 

2 under current statutory law. If the court denies a motion 

3 made under this paragraph, the movant may file another 

4 motion under this subsection, not earlier than 5 years 

5 after each denial, which may be granted if the offender 

6 demonstrates the offender’s compliance with recidivism-re7 duction programming or other efforts the offender has un8 dertaken to improve the likelihood of successful re-entry 

9 and decrease any risk to public safety posed by the defend10 ant’s release. If the court denies the motion due to incor11 rect legal conclusions or facts or other mistakes by the 

12 court, probation officer, or counsel, the defendant may file 

13 another motion under this subsection at any time.′′ 

14 SEC. 6005. DIRECTIVES TO THE SENTENCING COMMISSION. 

15 (a) GENERALLY.—Pursuant to its authority under 

16 section 994(p) of title 28, United States Code, and in ac17 cordance with this section, the United States Sentencing 

18 Commission shall review and amend its guidelines and its 

19 policy statements applicable to persons convicted of an of20 fense under the Controlled Substances Act (21 U.S.C. 801 

21 et seq.), the Controlled Substances Import and Export Act 

22 (21 U.S.C. 951 et seq.), or any offense deriving its pen23 alties therefrom to ensure that the guidelines and policy 

24 statements are consistent with the amendments made by 

25 this title. 


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1 (b) CONSIDERATIONS.—In carrying out this section, 

2 the United States Sentencing Commission shall con3 sider— 

4 (1) the mandate of the United States Sen5 tencing Commission, under section 994(g) of title 

6 28, United States Code, to formulate the sentencing 

7 guidelines in such a way as to ‘‘minimize the likeli8 hood that the Federal prison population will exceed 

9 the capacity of the Federal prisons’’; 

10 (2) the relevant public safety concerns, includ11 ing the need to preserve limited prison resources for 

12 more serious, repeat, and violent offenders; 

13 (3) the intent of Congress that violent, repeat, 

14 and high-level drug traffickers who present public 

15 safety risks receive sufficiently severe sentences, and 

16 that nonviolent, lower- and street-level drug offend17 ers without serious records receive proportionally 

18 less severe sentences; 

19 (4) the fiscal implications of any amendments 

20 or revisions to the sentencing guidelines or policy 

21 statements made by the United States Sentencing 

22 Commission; 

23 (5) the appropriateness of, and likelihood of un24 warranted sentencing disparity resulting from, use 


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1 of drug type and quantity as the primary factors de2 termining a sentencing guideline range; and 

3 (6) the need to reduce and prevent racial dis4 parities in Federal sentencing. 

5 (c) GENERAL INSTRUCTION TO SENTENCING COM6 MISSION.—Section 994(h) of title 28, United States Code, 

7 is amended to read as follows: 

8 ‘‘(h) The Commission shall ensure that the guidelines 

9 specify a sentence to a term of imprisonment at or near 

10 the maximum term authorized for categories of defendants 

11 in which the defendant is 18 years old or older and— 

12 ‘‘(1) has been convicted of a felony that is— 

13 ‘‘(A) a violent felony as defined in section 

14 924(e)(2)(B) of title 18; or 

15 ‘‘(B) an offense under— 

16 ‘‘(i) section 401 of the Controlled 

17 Substances Act; 

18 ‘‘(ii) section 1002(a), 1005, or 1009 

19 of the Controlled Substances Import and 

20 Export Act; or 

21 ‘‘(iii) chapter 705 of title 46, United 

22 States Code; and 

23 ‘‘(2) has previously been convicted of two or 

24 more prior offenses, each of which is— 


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1 ‘‘(A) is classified by the applicable law of 

2 the convicting jurisdiction as a felony; and 

3 ‘‘(B) is (i) a violent felony as defined in 

4 section 924(e)(2)(B) of title 18; or 

5 ‘‘(ii) a felony drug offense as defined 

6 in section 102(44) of the Controlled Sub7 stances Act.’’. 

8 SEC. 6006. EXCLUSION OF ACQUITTED CONDUCT AND DIS9 CRETION TO DISREGARD MANIPULATED CON10 DUCT FROM CONSIDERATION DURING SEN11 TENCING. 

12 (a) ACQUITTED CONDUCT NOT TO BE CONSIDERED

13 IN SENTENCING.—Section 3661 of title 18, United States 

14 Code, is amended by striking the period at the end and 

15 inserting ‘‘, except that a court shall not consider conduct 

16 of which a person has not been convicted.’’. 

17 (b) PROVIDING DISCRETION TO DISREGARD CER18 TAIN FACTORS IN SENTENCING.— 

19 (1) TITLE 18, UNITED STATES CODE.—Section 

20 3553 of title 18, United States Code, is amended by 

21 adding at the end the following: 

22 ‘‘(g) DISCRETION TO DISREGARD CERTAIN FAC23 TORS.—A court, in sentencing a defendant convicted 

24 under the Controlled Substances Act, the Controlled Sub25 stances Import and Export Act, any offense deriving its 


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1 penalties from either such Act, or an offense under section 

2 924(c) based on a drug trafficking crime, may disregard, 

3 in determining the statutory range, calculating the guide4 line range or considering the factors set forth in section 

5 3553(a), any type or quantity of a controlled substance, 

6 counterfeit substance, firearm or ammunition that was de7 termined by a confidential informant, cooperating witness, 

8 or law enforcement officer who solicited the defendant to 

9 participate in a reverse sting or fictitious stash-house rob10 bery.’’. 

11 (2) CONTROLLED SUBSTANCES ACT.—Section 

12 401(b)(1) of the Controlled Substances Act (21 

13 U.S.C. 841(b)(1)) is amended by adding at the end 

14 the following: 

15 ‘‘(F) In the case of a person who conspires 

16 to commit an offense under this title, the type 

17 and quantity of the controlled or counterfeit 

18 substance for the offense that was the object of 

19 the conspiracy shall be the type and quantity 

20 involved in— 

21 ‘‘(i) the defendant’s own unlawful 

22 acts; and 

23 ‘‘(ii) any unlawful act of a co-con24 spirator that— 


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1 ‘‘(I) the defendant agreed to 

2 jointly undertake; 

3 ‘‘(II) was in furtherance of that 

4 unlawful act the defendant agreed to 

5 jointly undertake; and 

6 ‘‘(III) was intended by the de7 fendant.’’. 

8 (3) CONTROLLED SUBSTANCES IMPORT AND

9 EXPORT ACT.—Section 1010(b) of the Controlled 

10 Substances Import and Export Act (21 U.S.C. 

11 960(b)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(8) In the case of a person who conspires to 

14 commit an offense under this title, the type and 

15 quantity of the controlled or counterfeit substance 

16 for the offense that was the object of the conspiracy 

17 shall be the type and quantity involved in— 

18 ‘‘(A) the defendant’s own unlawful acts; 

19 and 

20 ‘‘(B) any unlawful act of a co-conspirator 

21 that— 

22 ‘‘(i) the defendant agreed to jointly 

23 undertake; 


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1 ‘‘(ii) was in furtherance of that unlaw2 ful act the defendant agreed to jointly un3 dertake; and 

4 ‘‘(iii) was intended by the defend5 ant.’’. 

6 (4) DIRECTIVE TO THE SENTENCING COMMIS7 SION.—Pursuant to its authority under section 

8 994(p) of title 28, United States Code, and in ac9 cordance with this section, the United States Sen10 tencing Commission shall review and amend its 

11 guidelines and policy statements applicable to rel12 evant conduct to ensure that they are consistent 

13 with the amendments made by this section. 

14 (5) DEFINITIONS.—The following definitions 

15 apply in this section: 

16 (A) REVERSE STING.—The term ‘‘reverse 

17 sting’’ means a situation in which a person who 

18 is a law enforcement officer or is acting on be19 half of law enforcement initiates a transaction 

20 involving the sale of a controlled substance, 

21 counterfeit substance, firearms or ammunition 

22 to a targeted individual. 

23 (B) STASH HOUSE.—The term ‘‘stash 

24 house’’ means a location where drugs and/or 


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1 money are stored in furtherance of a drug dis2 tribution operation. 

3 (C) FICTITIOUS STASH HOUSE ROB4 BERY.—The term ‘‘fictitious stash house rob5 bery’’ means a situation in which a person who 

6 is a law enforcement officer or is acting on be7 half of law enforcement describes a fictitious 

8 stash house to a targeted individual and invites 

9 the targeted individual to rob such fictitious 

10 stash house. 

11 SEC. 6007. AMENDMENTS TO ENHANCED PENALTIES PROVI12 SION. 

13 Section 924(c) of title 18, United States Code, is 

14 amended— 

15 (1) in paragraph (1)(C), by striking, ‘‘In the 

16 case of a second or subsequent conviction under this 

17 subsection’’ and inserting ‘‘If a person is convicted 

18 under this subsection after a prior conviction under 

19 this subsection has become final’’; 

20 (2) in clause (i), by striking ‘‘not less than 25 

21 years’’ and inserting ‘‘no greater than 25 years’’; 

22 (3) by removing the language ‘‘or drug traf23 ficking crime’’ every time it appears; 

24 (4) by removing paragraph (2); and 


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1 (5) by renumbering paragraphs (3), (4), and 

2 (5) as (2), (3), and (4), respectively. 

3 SEC. 6008. ABILITY TO PETITION FOR RELEASE TO EX4 TENDED SUPERVISION FOR CERTAIN PRIS5 ONERS WHO ARE MEDICALLY INCAPACI6 TATED, GERIATRIC, OR CAREGIVER PARENTS 

7 OF MINOR CHILDREN AND WHO DO NOT 

8 POSE PUBLIC SAFETY RISKS. 

9 (a) ELIGIBILITY.—Subparagraph (A) of section 

10 3582(c)(1) of title 18, United States Code, is amended 

11 to read as follows: 

12 ‘‘(A) the court, upon motion of the defend13 ant, the Director of the Bureau of Prisons, or 

14 on its own motion, may reduce the term of im15 prisonment after considering the factors set 

16 forth in section 3553(a) to the extent they are 

17 applicable, if it finds that— 

18 ‘‘(i) extraordinary and compelling rea19 sons warrant such a reduction; or 

20 ‘‘(ii) the defendant— 

21 ‘‘(I) is at least 60 years of age; 

22 ‘‘(II) has an extraordinary health 

23 condition; or 

24 ‘‘(III) has been notified that— 


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1 ‘‘(aa) the primary caregiver 

2 of the defendant’s biological or 

3 adopted child under the age of 18 

4 has died or has become medi5 cally, mentally, or psychologically 

6 incapacitated; 

7 ‘‘(bb) the primary caregiver 

8 is therefore unable to care for the 

9 child any longer; and 

10 ‘‘(cc) other family members 

11 or caregivers are unable to care 

12 for the child, such that the child 

13 is at risk of being placed in the 

14 foster care system; and’’. 

15 (b) INELIGIBILITY AND PROCEDURE.—Section 3582 

16 of title 18, United States Code, is amended by adding at 

17 the end the following: 

18 ‘‘(e) INELIGIBILITY.—No prisoner is eligible for a 

19 modification of sentence under subsection (c)(1)(A) if the 

20 prisoner is serving a sentence of imprisonment for any of 

21 the following offenses: 

22 ‘‘(1) A Federal conviction for homicide in which 

23 the prisoner was proven beyond a reasonable doubt 

24 to have had the intent to cause death and death re25 sulted. 


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1 ‘‘(2) A Federal crime of terrorism, as defined 

2 under section 2332b(g)(5). 

3 ‘‘(3) A Federal sex offense, as described in sec4 tion 111 of the Sex Offender Registration and Noti5 fication Act (42 U.S.C. 16911). 

6 ‘‘(f) REQUIREMENTS FOR CERTAIN MOTIONS.—If 

7 the prisoner makes a motion under subsection (c)(1)(A) 

8 on the basis of an extraordinary health condition or the 

9 death or incapacitation of the primary caregiver of the 

10 prisoner’s minor child, that prisoner shall provide docu11 mentation, as the case may be— 

12 ‘‘(1) setting forth a relevant diagnosis regard13 ing the extraordinary health condition; or 

14 ‘‘(2) that— 

15 ‘‘(A) the requirements of subsection 

16 (c)(1)(A)(ii)(III) are met; and 

17 ‘‘(B) the prisoner’s release— 

18 ‘‘(i) is in the best interest of the child; 

19 and 

20 ‘‘(ii) would not endanger public safety. 

21 ‘‘(g) PROCEDURE FOR COURT DETERMINATION.—(1) 

22 Upon receipt of a prisoner’s motion under subsection 

23 (c)(1)(A), the court, after obtaining relevant contact infor24 mation from the Attorney General, shall send notice of the 

25 motion to the victim or victims, or appropriate surviving 


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1 relatives of a deceased victim, of the crime committed by 

2 the prisoner. The notice shall inform the victim or victims 

3 or surviving relatives of a deceased victim of how to pro4 vide a statement prior to a determination by the court on 

5 the motion. 

6 ‘‘(2) Not later than 60 days after receiving a pris7 oner’s motion for modification under subsection (c)(1)(A), 

8 the court shall hold a hearing on the motion if the motion 

9 has not been granted. 

10 ‘‘(3) The court shall grant the modification under 

11 subsection (c)(1)(A) if the court determines that— 

12 ‘‘(A) the prisoner meets the criteria pursuant to 

13 section (c)(1)(A); and 

14 ‘‘(B) there is a low likelihood that the prisoner 

15 will pose a risk to public safety. 

16 ‘‘(4) In determining a prisoner’s motion for a modi17 fication of sentence under subsection (c)(1)(A) the court 

18 shall consider the following: 

19 ‘‘(A) The age of the prisoner and years served 

20 in prison. 

21 ‘‘(B) The criminogenic needs and risk factors of 

22 the offender. 

23 ‘‘(C) The prisoner’s behavior in prison. 

24 ‘‘(D) An evaluation of the prisoner’s community 

25 and familial bonds. 


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1 ‘‘(E) An evaluation of the prisoner’s health. 

2 ‘‘(F) A victim statement, if applicable, pursuant 

3 to paragraph (1). 

4 ‘‘(h) ACTIONS WITH RESPECT TO SUCCESSFUL MO5 TION.—If the court grants the prisoner’s motion pursuant 

6 to subsection (c)(1)(A), the court shall— 

7 ‘‘(1) reduce the term of imprisonment for the 

8 prisoner in a manner that provides for the release of 

9 the prisoner not later than 30 days after the date 

10 on which the prisoner was approved for sentence 

11 modification; 

12 ‘‘(2) modify the remainder of the term of im13 prisonment to home confinement or residential re14 entry confinement with or without electronic moni15 toring; or 

16 ‘‘(3) lengthen or impose a term of supervised 

17 release so that it expires on the same date as if the 

18 defendant received no relief under subsection (c)(1) 

19 (A) . 

20 ‘‘(i) SUBSEQUENT MOTIONS.—If the court denies a 

21 prisoner’s motion pursuant to subsection (c)(1)(A), the 

22 prisoner may not file another motion under subsection 

23 (c)(1)(A) earlier than one year after the date of denial. 

24 If the court denies the motion due to incorrect legal con25 clusions or facts or other mistakes by the court, probation 


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1 officer, or counsel, the prisoner may file another motion 

2 under that subsection without regard to this limitation. 

3 ‘‘(j) DEFINITION.—In this section, the term ‘extraor4 dinary health conditions’ means a condition afflicting a 

5 person, such as infirmity, significant disability, or a need 

6 for advanced medical treatment or services not readily or 

7 reasonably available within the correctional institution.’’. 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section take effect 1 year after the date of the enact10 ment of this Act. 

11 TITLE VII—DEATH PENALTY 

12 REFORM 

13 SEC. 7001. REPEAL OF FEDERAL LAWS PROVIDING FOR THE 

14 DEATH PENALTY. 

15 (a) HOMICIDE-RELATED OFFENSES.— 

16 (1) MURDER RELATED TO THE SMUGGLING OF

17 ALIENS.—Section 274(a)(1)(B)(iv) of the Immigra18 tion and Nationality Act (8 U.S.C. 

19 1324(a)(1)(B)(iv)) is amended by striking ‘‘punished 

20 by death or’’. 

21 (2) DESTRUCTION OF AIRCRAFT, MOTOR VEHI22 CLES, OR RELATED FACILITIES RESULTING IN

23 DEATH.—Section 34 of title 18, United States Code, 

24 is amended by striking ‘‘to the death penalty or’’. 


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1 (3) MURDER COMMITTED DURING A DRUG-RE2 LATED DRIVE-BY SHOOTING.—Section 36(b)(2)(A) 

3 of title 18, United States Code, is amended by strik4 ing ‘‘death or’’. 

5 (4) MURDER COMMITTED AT AN AIRPORT SERV6 ING INTERNATIONAL CIVIL AVIATION.—Section 

7 37(a) of title 18, United States Code, is amended, 

8 in the matter following paragraph (2), by striking 

9 ‘‘punished by death or’’. 

10 (5) MURDER COMMITTED USING CHEMICAL

11 WEAPONS.—Section 229A(a)(2) of title 18, United 

12 States Code, is amended— 

13 (A) in the paragraph heading, by striking 

14 ‘‘DEATH PENALTY’’ and inserting ‘‘CAUS15 ING DEATH’’; and 

16 (B) by striking ‘‘punished by death or’’. 

17 (6) CIVIL RIGHTS OFFENSES RESULTING IN

18 DEATH.—Chapter 13 of title 18, United States 

19 Code, is amended— 

20 (A) in section 241, by striking ‘‘, or may 

21 be sentenced to death’’; 

22 (B) in section 242, by striking ‘‘, or may 

23 be sentenced to death’’; 

24 (C) in section 245(b), by striking ‘‘, or 

25 may be sentenced to death’’; and 


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1 (D) in section 247(d)(1), by striking ‘‘, or 

2 may be sentenced to death’’. 

3 (7) MURDER OF A MEMBER OF CONGRESS, AN

4 IMPORTANT EXECUTIVE OFFICIAL, OR A SUPREME

5 COURT JUSTICE.—Section 351 of title 18, United 

6 States Code, is amended— 

7 (A) in subsection (b)— 

8 (i) by striking ‘‘(1)’’; and 

9 (ii) by striking ‘‘, or (2) by death’’ 

10 and all that follows through the end of the 

11 subsection and inserting a period; and 

12 (B) in subsection (d)— 

13 (i) by striking ‘‘(1)’’; and 

14 (ii) by striking ‘‘, or (2) by death’’ 

15 and all that follows through the end of the 

16 subsection and inserting a period. 

17 (8) DEATH RESULTING FROM OFFENSES IN18 VOLVING TRANSPORTATION OF EXPLOSIVES, DE19 STRUCTION OF GOVERNMENT PROPERTY, OR DE20 STRUCTION OF PROPERTY RELATED TO FOREIGN OR

21 INTERSTATE COMMERCE.—Section 844 of title 18, 

22 United States Code, is amended— 

23 (A) in subsection (d), by striking ‘‘or to 

24 the death penalty’’; 


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1 (B) in subsection (f)(3), by striking ‘‘sub2 ject to the death penalty, or’’; 

3 (C) in subsection (i), by striking ‘‘or to the 

4 death penalty’’; and 

5 (D) in subsection (n), by striking ‘‘(other 

6 than the penalty of death)’’. 

7 (9) MURDER COMMITTED BY USE OF A FIRE8 ARM OR ARMOR PIERCING AMMUNITION DURING

9 COMMISSION OF A CRIME OF VIOLENCE OR A DRUG

10 TRAFFICKING CRIME.—Section 924 of title 18, 

11 United States Code, is amended— 

12 (A) in subsection (c)(5)(B)(i), by striking 

13 ‘‘punished by death or’’; and 

14 (B) in subsection (j)(1), by striking ‘‘by 

15 death or’’. 

16 (10) GENOCIDE.—Section 1091(b)(1) of title 

17 18, United States Code, is amended by striking 

18 ‘‘death or’’. 

19 (11) FIRST DEGREE MURDER.—Section 

20 1111(b) of title 18, United States Code, is amended 

21 by striking ‘‘by death or’’. 

22 (12) MURDER BY A FEDERAL PRISONER.—Sec23 tion 1118 of title 18, United States Code, is amend24 ed— 


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1 (A) in subsection (a), by striking ‘‘by 

2 death or’’; and 

3 (B) in subsection (b), in the third undesig4 nated paragraph— 

5 (i) by inserting ‘‘or’’ before ‘‘an inde6 terminate’’; and 

7 (ii) by striking ‘‘, or an unexecuted 

8 sentence of death’’. 

9 (13) MURDER OF A STATE OR LOCAL LAW EN10 FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN

11 A FEDERAL INVESTIGATION; MURDER OF A STATE

12 CORRECTIONAL OFFICER.—Section 1121 of title 18, 

13 United States Code, is amended— 

14 (A) in subsection (a), by striking ‘‘by sen15 tence of death or’’; and 

16 (B) in subsection (b)(1), by striking ‘‘or 

17 death’’. 

18 (14) MURDER DURING A KIDNAPPING.—Section 

19 1201(a) of title 18, United States Code, is amended 

20 by striking ‘‘death or’’. 

21 (15) MURDER DURING A HOSTAGE-TAKING.— 

22 Section 1203(a) of title 18, United States Code, is 

23 amended by striking ‘‘death or’’. 

24 (16) MURDER WITH THE INTENT OF PRE25 VENTING TESTIMONY BY A WITNESS, VICTIM, OR INVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 FORMANT.—Section 1512(a)(2)(A) of title 18, 

2 United States Code, is amended by striking ‘‘the 

3 death penalty or’’. 

4 (17) MAILING OF INJURIOUS ARTICLES WITH

5 INTENT TO KILL OR RESULTING IN DEATH.—Section 

6 1716(j)(3) of title 18, United States Code, is amend7 ed by striking ‘‘to the death penalty or’’. 

8 (18) ASSASSINATION OR KIDNAPPING RESULT9 ING IN THE DEATH OF THE PRESIDENT OR VICE

10 PRESIDENT.—Section 1751 of title 18, United 

11 States Code, is amended— 

12 (A) in subsection (b)— 

13 (i) by striking ‘‘(1)’’; and 

14 (ii) by striking ‘‘, or (2) by death’’ 

15 and all that follows through the end of the 

16 subsection and inserting a period; and 

17 (B) in subsection (d)— 

18 (i) by striking ‘‘(1)’’; and 

19 (ii) by striking ‘‘, or (2) by death’’ 

20 and all that follows through the end of the 

21 subsection and inserting a period. 

22 (19) MURDER FOR HIRE.—Section 1958(a) of 

23 title 18, United States Code, is amended by striking 

24 ‘‘death or’’. 


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1 (20) MURDER INVOLVED IN A RACKETEERING

2 OFFENSE.—Section 1959(a)(1) of title 18, United 

3 States Code, is amended by striking ‘‘death or’’. 

4 (21) WILLFUL WRECKING OF A TRAIN RESULT5 ING IN DEATH.—Section 1992 of title 18, United 

6 States Code, is amended— 

7 (A) in subsection (a), in the matter fol8 lowing paragraph (10), by striking ‘‘or subject 

9 to death,’’; and 

10 (B) in subsection (b), in the matter fol11 lowing paragraph (3), by striking ‘‘, and if the 

12 offense resulted in the death of any person, the 

13 person may be sentenced to death’’. 

14 (22) BANK ROBBERY-RELATED MURDER OR

15 KIDNAPPING.—Section 2113(e) of title 18, United 

16 States Code, is amended by striking ‘‘death or’’. 

17 (23) MURDER RELATED TO A CARJACKING.— 

18 Section 2119(3) of title 18, United States Code, is 

19 amended by striking ‘‘, or sentenced to death’’. 

20 (24) MURDER RELATED TO AGGRAVATED

21 CHILD SEXUAL ABUSE.—Section 2241(c) of title 18, 

22 United States Code, is amended by striking ‘‘unless 

23 the death penalty is imposed,’’. 


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1 (25) MURDER RELATED TO SEXUAL ABUSE.— 

2 Section 2245 of title 18, United States Code, is 

3 amended by striking ‘‘punished by death or’’. 

4 (26) MURDER RELATED TO SEXUAL EXPLOI5 TATION OF CHILDREN.—Section 2251(e) of title 18, 

6 United States Code, is amended by striking ‘‘pun7 ished by death or’’. 

8 (27) MURDER COMMITTED DURING AN OF9 FENSE AGAINST MARITIME NAVIGATION.—Section 

10 2280(a)(1) of title 18, United States Code, is 

11 amended by striking ‘‘punished by death or’’. 

12 (28) MURDER COMMITTED DURING AN OF13 FENSE AGAINST A MARITIME FIXED PLATFORM.— 

14 Section 2281(a)(1) of title 18, United States Code, 

15 is amended by striking ‘‘punished by death or’’. 

16 (29) MURDER USING DEVICES OR DANGEROUS

17 SUBSTANCES IN WATERS OF THE UNITED STATES.— 

18 Section 2282A of title 18, United States Code, is 

19 amended— 

20 (A) by striking subsection (b); and 

21 (B) by redesignating subsections (c) and 

22 (d) as subsections (b) and (c), respectively. 

23 (30) MURDER INVOLVING THE TRANSPOR24 TATION OF EXPLOSIVE, BIOLOGICAL, CHEMICAL, OR


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1 RADIOACTIVE OR NUCLEAR MATERIALS.—Section 

2 2283 of title 18, United States Code, is amended— 

3 (A) by striking subsection (b); and 

4 (B) by redesignating subsection (c) as sub5 section (b). 

6 (31) MURDER INVOLVING THE DESTRUCTION

7 OF VESSEL OR MARITIME FACILITY.—Section 

8 2291(d) of title 18, United States Code, is amended 

9 by striking ‘‘to the death penalty or’’. 

10 (32) MURDER OF A UNITED STATES NATIONAL

11 IN ANOTHER COUNTRY.—Section 2332(a)(1) of title 

12 18, United States Code, is amended by striking 

13 ‘‘death or’’. 

14 (33) MURDER BY THE USE OF A WEAPON OF

15 MASS DESTRUCTION.—Section 2332a of title 18, 

16 United States Code, is amended— 

17 (A) in subsection (a), in the matter fol18 lowing paragraph (4), by striking ‘‘, and if 

19 death results shall be punished by death’’ and 

20 all that follows through the end of the sub21 section and inserting a period; and 

22 (B) in subsection (b), by striking ‘‘, and if 

23 death results shall be punished by death’’ and 

24 all that follows through the end of the sub25 section and inserting a period. 


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1 (34) MURDER BY ACT OF TERRORISM TRAN2 SCENDING NATIONAL BOUNDARIES.—Section 

3 2332b(c)(1)(A) of title 18, United States Code, is 

4 amended by striking ‘‘by death, or’’. 

5 (35) MURDER INVOLVING TORTURE.—Section 

6 2340A(a) of title 18, United States Code, is amend7 ed by striking ‘‘punished by death or’’. 

8 (36) MURDER INVOLVING A WAR CRIME.—Sec9 tion 2441(a) of title 18, United States Code, is 

10 amended by striking ‘‘, and if death results to the 

11 victim, shall also be subject to the penalty of death’’. 

12 (37) MURDER RELATED TO A CONTINUING

13 CRIMINAL ENTERPRISE OR RELATED MURDER OF A

14 FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT

15 OFFICER.—Section 408(e) of the Controlled Sub16 stances Act (21 U.S.C. 848(e)) is amended— 

17 (A) in the subsection heading, by striking 

18 ‘‘Death Penalty’’ and inserting ‘‘Intentional 

19 Killing’’; and 

20 (B) in paragraph (1)— 

21 (i) subparagraph (A), by striking ‘‘, or 

22 may be sentenced to death’’; and 

23 (ii) in subparagraph (B), by striking 

24 ‘‘, or may be sentenced to death’’. 


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1 (38) DEATH RESULTING FROM AIRCRAFT HI2 JACKING.—Section 46502 of title 49, United States 

3 Code, is amended— 

4 (A) in subsection (a)(2)(B), by striking 

5 ‘‘put to death or’’; and 

6 (B) in subsection (b)(1)(B), by striking 

7 ‘‘put to death or’’. 

8 (b) NON-HOMICIDE-RELATED OFFENSES.— 

9 (1) ESPIONAGE.—Section 794(a) of title 18, 

10 United States Code, is amended by striking ‘‘pun11 ished by death or’’ and all that follows before the pe12 riod and inserting ‘‘imprisoned for any term of years 

13 or for life’’. 

14 (2) TREASON.—Section 2381 of title 18, United 

15 States Code, is amended by striking ‘‘shall suffer 

16 death, or’’. 

17 (c) TITLE 10.— 

18 (1) IN GENERAL.—Section 856 of title 10 is 

19 amended by inserting before the period at the end 

20 the following: ‘‘, except that the punishment may not 

21 include death’’. 

22 (2) OFFENSES.— 

23 (A) CONSPIRACY.—Section 881(b) of title 

24 10, United States Code (article 81(b) of the 

25 Uniform Code of Military Justice), is amended 


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1 by striking ‘‘, if death results’’ and all that fol2 lows through the end and inserting ‘‘as a court3 martial or military commission may direct.’’. 

4 (B) DESERTION.—Section 885(c) of title 

5 10, United States Code (article 85(c)), is 

6 amended by striking ‘‘, if the offense is com7 mitted in time of war’’ and all that follows 

8 through the end and inserting ‘‘as a court-mar9 tial may direct.’’. 

10 (C) ASSAULTING OR WILLFULLY DIS11 OBEYING SUPERIOR COMMISSIONED OFFICER.— 

12 Section 890 of title 10, United States Code (ar13 ticle 90), is amended by striking ‘‘, if the of14 fense is committed in time of war’’ and all that 

15 follows and inserting ‘‘as a court-martial may 

16 direct.’’. 

17 (D) MUTINY OR SEDITION.—Section 

18 894(b) of title 10, United States Code (article 

19 94(b)), is amended by striking ‘‘by death or 

20 such other punishment’’. 

21 (E) MISBEHAVIOR BEFORE THE ENEMY.— 

22 Section 899 of title 10, United States Code (ar23 ticle 99), is amended by striking ‘‘by death or 

24 such other punishment’’. 


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1 (F) SUBORDINATE COMPELLING SUR2 RENDER.—Section 900 of title 10, United 

3 States Code (article 100), is amended by strik4 ing ‘‘by death or such other punishment’’. 

5 (G) IMPROPER USE OF COUNTERSIGN.— 

6 Section 901 of title 10, United States Code (ar7 ticle 101), is amended by striking ‘‘by death or 

8 such other punishment’’. 

9 (H) FORCING A SAFEGUARD.—Section 902 

10 of title 10, United States Code (article 102), is 

11 amended by striking ‘‘suffer death’’ and all that 

12 follows and inserting ‘‘be punished as a court13 martial may direct.’’. 

14 (I) AIDING THE ENEMY.—Section 904 of 

15 title 10, United States Code (article 104), is 

16 amended by striking ‘‘suffer death or such 

17 other punishment as a court-martial or military 

18 commission may direct’’ and inserting ‘‘be pun19 ished as a court-martial or military commission 

20 may direct’’. 

21 (J) SPIES.—Section 906 of title 10, United 

22 States Code (article 106), is amended by strik23 ing ‘‘by death’’ and inserting ‘‘by imprisonment 

24 for life’’. 


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1 (K) ESPIONAGE.—Section 906a of title 10, 

2 United States Code (article 106a), is amend3 ed— 

4 (i) by striking subsections (b) and (c); 

5 (ii) by redesignating paragraphs (2) 

6 and (3) of subsection (a) as subsections (b) 

7 and (c), respectively; 

8 (iii) in subsection (a)— 

9 (I) by striking ‘‘(1)’’; 

10 (II) by striking ‘‘paragraph (2)’’ 

11 and inserting ‘‘subsection (b)’’; 

12 (III) by striking ‘‘paragraph (3)’’ 

13 and inserting ‘‘subsection (c)’’; and 

14 (IV) by striking ‘‘as a court-mar15 tial may direct,’’ and all that follows 

16 and inserting ‘‘as a court-martial may 

17 direct.’’; 

18 (iv) in subsection (b), as so redesig19 nated— 

20 (I) by striking ‘‘paragraph (1)’’ 

21 and inserting ‘‘subsection (a)’’; and 

22 (II) by redesignating subpara23 graphs (A), (B), and (C) as para24 graphs (1), (2), and (3), respectively; 

25 and 


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1 (v) in subsection (c), as so redesig2 nated, by striking ‘‘paragraph (1)’’ and in3 serting ‘‘subsection (a)’’. 

4 (L) IMPROPER HAZARDING OF VESSEL.— 

5 The text of section 910 of title 10, United 

6 States Code (article 110), is amended to read 

7 as follows: 

8 ‘‘Any person subject to this chapter who willfully and 

9 wrongfully, or negligently, hazards or suffers to be haz10 arded any vessel of the Armed Forces shall be punished 

11 as a court-martial may direct.’’. 

12 (M) MISBEHAVIOR OF SENTINEL.—Section 

13 913 of title 10, United States Code (article 

14 113), is amended by striking ‘‘, if the offense 

15 is committed in time of war’’ and all that fol16 lows and inserting ‘‘as a court-martial may di17 rect.’’. 

18 (N) MURDER.—Section 918 of title 10, 

19 United States Code (article 118), is amended 

20 by striking ‘‘death or imprisonment for life as 

21 a court-martial may direct’’ and inserting ‘‘im22 prisonment for life’’. 

23 (O) DEATH OR INJURY OF AN UNBORN

24 CHILD.—Section 919a(a) of title 10, United 

25 States Code, is amended— 


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1 (i) in paragraph (1), by striking ‘‘, 

2 other than death,’’; and 

3 (ii) by striking paragraph (4). 

4 (P) CRIMES TRIABLE BY MILITARY COM5 MISSION.—Section 950v(b) of title 10, United 

6 States Code, is amended— 

7 (i) in paragraph (1), by striking ‘‘by 

8 death or such other punishment’’; 

9 (ii) in paragraph (2), by striking ‘‘, if 

10 death results’’ and all that follows and in11 serting ‘‘as a military commission under 

12 this chapter may direct.’’; 

13 (iii) in paragraph (7), by striking ‘‘, if 

14 death results’’ and all that follows and in15 serting ‘‘as a military commission under 

16 this chapter may direct.’’; 

17 (iv) in paragraph (8), by striking ‘‘, if 

18 death results’’ and all that follows and in19 serting ‘‘as a military commission under 

20 this chapter may direct.’’; 

21 (v) in paragraph (9), by striking ‘‘, if 

22 death results’’ and all that follows and in23 serting ‘‘as a military commission under 

24 this chapter may direct.’’; 


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1 (vi) in paragraph (11)(A), by striking 

2 ‘‘, if death results’’ and all that follows and 

3 inserting ‘‘as a military commission under 

4 this chapter may direct.’’; 

5 (vii) in paragraph (12)(A), by striking 

6 ‘‘, if death results’’ and all that follows and 

7 inserting ‘‘as a military commission under 

8 this chapter may direct.’’; 

9 (viii) in paragraph (13)(A), by strik10 ing ‘‘, if death results’’ and all that follows 

11 and inserting ‘‘as a military commission 

12 under this chapter may direct.’’; 

13 (ix) in paragraph (14), by striking ‘‘, 

14 if death results’’ and all that follows and 

15 inserting ‘‘as a military commission under 

16 this chapter may direct.’’; 

17 (x) in paragraph (15), by striking ‘‘by 

18 death or such other punishment’’; 

19 (xi) in paragraph (17), by striking ‘‘, 

20 if death results’’ and all that follows and 

21 inserting ‘‘as a military commission under 

22 this chapter may direct.’’; 

23 (xii) in paragraph (23), by striking ‘‘, 

24 if death results’’ and all that follows and 


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1 inserting ‘‘as a military commission under 

2 this chapter may direct.’’; 

3 (xiii) in paragraph (24), by striking ‘‘, 

4 if death results’’ and all that follows and 

5 inserting ‘‘as a military commission under 

6 this chapter may direct.’’; 

7 (xiv) in paragraph (27), by striking 

8 ‘‘by death or such other punishment’’; and 

9 (xv) in paragraph (28), by striking ‘‘, 

10 if death results’’ and all that follows and 

11 inserting ‘‘as a military commission under 

12 this chapter may direct.’’ 

13 (3) JURISDICTIONAL AND PROCEDURAL MAT14 TERS.— 

15 (A) DISMISSED OFFICER’S RIGHT TO TRIAL

16 BY COURT-MARTIAL.—Section 804(a) of title 

17 10, United States Code (article 4(a) of the Uni18 form Code of Military Justice), is amended by 

19 striking ‘‘or death’’. 

20 (B) COURTS-MARTIAL CLASSIFIED.—Sec21 tion 816(1)(A) of title 10, United States Code 

22 (article 10(1)(A)), is amended by striking ‘‘or, 

23 in a case in which the accused may be sen24 tenced to a penalty of death’’ and all that fol25 lows through ‘‘(article 25a)’’. 


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1 (C) JURISDICTION OF GENERAL COURTS2 MARTIAL.—Section 818 of title 10, United 

3 States Code (article 18), is amended— 

4 (i) in the first sentence by striking 

5 ‘‘including the penalty of death when spe6 cifically authorized by this chapter’’ and 

7 inserting ‘‘except death’’; and 

8 (ii) by striking the third sentence. 

9 (D) JURISDICTION OF SPECIAL COURTS10 MARTIAL.—Section 819 of title 10, United 

11 States Code (article 19), is amended in the first 

12 sentence by striking ‘‘for any noncapital of13 fense’’ and all that follows and inserting ‘‘for 

14 any offense made punishable by this chapter.’’. 

15 (E) JURISDICTION OF SUMMARY COURTS16 MARTIAL.—Section 820 of title 10, United 

17 States Code (article 20), is amended in the first 

18 sentence by striking ‘‘noncapital’’. 

19 (F) NUMBER OF MEMBERS IN CAPITAL

20 CASES.— 

21 (i) IN GENERAL.—Section 825a of 

22 title 10, United States Code (article 25a), 

23 is repealed. 

24 (ii) CLERICAL AMENDMENT.—The 

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1 chapter V of chapter 47 of title 10, United 

2 States Code, is amended by striking the 

3 item relating to section 825a (article 25a). 

4 (G) ABSENT AND ADDITIONAL MEM5 BERS.—Section 829(b)(2) of title 10, United 

6 States Code (article 29(b)(2)), is amended by 

7 striking ‘‘or, in a case in which the death pen8 alty may be adjudged’’ and all that follows and 

9 inserting a period. 

10 (H) STATUTE OF LIMITATIONS.—Sub11 section (a) of section 843 of title 10, United 

12 States Code (article 43), is amended to read as 

13 follows: 

14 ‘‘(a)(1) A person charged with an offense described 

15 in paragraph (2) may be tried and punished at any time 

16 without limitation. 

17 ‘‘(2) An offense described in this paragraph is any 

18 offense as follows: 

19 ‘‘(A) Absence without leave or missing move20 ment in time of war. 

21 ‘‘(B) Murder. 

22 ‘‘(C) Rape. 

23 ‘‘(D) A violation of section 881 of this title (ar24 ticle 81) that results in death to one or more of the 

25 victims. 


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1 ‘‘(E) Desertion or attempt to desert in time of 

2 war. 

3 ‘‘(F) A violation of section 890 of this title (ar4 ticle 90) committed in time of war. 

5 ‘‘(G) Attempted mutiny, mutiny, sedition, or 

6 failure to suppress or report a mutiny or sedition. 

7 ‘‘(H) A violation of section 899 of this title (ar8 ticle 99). 

9 ‘‘(I) A violation of section 900 of this title (arti10 cle 100). 

11 ‘‘(J) A violation of section 901 of this title (ar12 ticle 101). 

13 ‘‘(K) A violation of section 902 of this title (ar14 ticle 102). 

15 ‘‘(L) A violation of section 904 of this title (ar16 ticle 104). 

17 ‘‘(M) A violation of section 906 of this title (ar18 ticle 106). 

19 ‘‘(N) A violation of section 906a of this title 

20 (article 106a). 

21 ‘‘(O) A violation of section 910 of this title (ar22 ticle 110) in which the person subject to this chapter 

23 willfully and wrongfully hazarded or suffered to be 

24 hazarded any vessel of the Armed Forces. 


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1 ‘‘(P) A violation of section 913 of this title (ar2 ticle 113) committed in time of war.’’. 

3 (I) PLEAS OF ACCUSED.—Section 845(b) 

4 of title 10, United States Code (article 45(b)), 

5 is amended— 

6 (i) by striking the first sentence; and 

7 (ii) by striking ‘‘With respect to any 

8 other charge’’ and inserting ‘‘With respect 

9 to any charge’’. 

10 (J) DEPOSITIONS.—Section 849 of title 

11 10, United States Code (article 49), is amend12 ed— 

13 (i) in subsection (d), by striking ‘‘in 

14 any case not capital’’; and 

15 (ii) by striking subsections (e) and (f). 

16 (K) ADMISSIBILITY OF RECORDS OF

17 COURTS OF INQUIRY.—Section 850 of title 10, 

18 United States Code (article 50), is amended— 

19 (i) in subsection (a), by striking ‘‘not 

20 capital and’’; and 

21 (ii) in subsection (b), by striking 

22 ‘‘capital cases or’’. 

23 (L) NUMBER OF VOTES REQUIRED FOR

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1 TIAL.—Section 852 of title 10, United States 

2 Code (article 52), is amended— 

3 (i) in subsection (a)— 

4 (I) by striking paragraph (1); 

5 (II) by redesignating paragraph 

6 (2) as subsection (a); and 

7 (III) by striking ‘‘any other of8 fense’’ and inserting ‘‘any offense’’; 

9 and 

10 (ii) in subsection (b)— 

11 (I) by striking paragraph (1); 

12 and 

13 (II) by redesignating paragraphs 

14 (2) and (3) as paragraphs (1) and 

15 (2), respectively. 

16 (M) RECORD OF TRIAL.—Section 

17 854(c)(1)(A) of title 10, United States Code 

18 (article 54(c)(1)(A)), is amended by striking 

19 ‘‘death,’’. 

20 (N) FORFEITURE OF PAY AND ALLOW21 ANCES DURING CONFINEMENT.—Section 

22 858b(a)(2)(A) of title 10, United States Code 

23 (article 58b(a)(2)(A)), is amended by striking 

24 ‘‘or death’’. 


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1 (O) WAIVER OR WITHDRAWAL OF AP2 PEAL.—Section 861 of title 10, United States 

3 Code (article 61), is amended— 

4 (i) in subsection (a), by striking ‘‘ex5 cept a case in which the sentence as ap6 proved under section 860(c) of this title 

7 (article 60(c)) includes death,’’; and 

8 (ii) in subsection (b), by striking ‘‘Ex9 cept in a case in which the sentence as ap10 proved under section 860(c) of this title 

11 (article 60(c)) includes death, the accused’’ 

12 and inserting ‘‘The accused’’. 

13 (P) REVIEW BY COURT OF CRIMINAL AP14 PEALS.—Section 866(b) of title 10, United 

15 States Code (article 66(b)), is amended— 

16 (i) in the matter preceding paragraph 

17 (1), by inserting ‘‘in which’’ after ‘‘court18 martial’’; 

19 (ii) in paragraph (1), by striking ‘‘in 

20 which the sentence, as approved, extends 

21 to death,’’ and inserting ‘‘the sentence, as 

22 approved, extends to’’; and 

23 (iii) in paragraph (2), by striking ‘‘ex24 cept in the case of a sentence extending to 

25 death,’’. 


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1 (Q) REVIEW BY COURT OF APPEALS FOR

2 THE ARMED FORCES.—Section 867(a) of title 

3 10, United States Code (article 67(a)), is 

4 amended— 

5 (i) by striking paragraph (1); and 

6 (ii) by redesignating paragraphs (2) 

7 and (3) as paragraphs (1) and (2), respec8 tively. 

9 (R) EXECUTION OF SENTENCE.—Section 

10 871 of title 10, United States Code (article 71), 

11 is amended— 

12 (i) by striking subsection (a); 

13 (ii) by redesignating subsection (b) as 

14 subsection (a); 

15 (iii) by striking subsection (c) and in16 serting the following: 

17 ‘‘(b)(1) If a sentence extends to dismissal or a dishon18 orable or bad conduct discharge and if the right of the 

19 accused to appellate review is not waived, and an appeal 

20 is not withdrawn, under section 861 of this title (article 

21 61), that part of the sentence extending to dismissal or 

22 a dishonorable or bad conduct discharge may not be exe23 cuted until there is a final judgment as to the legality of 

24 the proceedings (and with respect to dismissal, approval 

25 under subsection (a)). A judgment as to legality of the 


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1 proceedings is final in such cases when review is completed 

2 by a Court of Criminal Appeals and— 

3 ‘‘(A) the time for the accused to file a petition 

4 for review by the Court of Appeals for the Armed 

5 Forces has expired and the accused has not filed a 

6 timely petition for such review and the case is not 

7 otherwise under review by that Court; 

8 ‘‘(B) such a petition is rejected by the Court of 

9 Appeals for the Armed Forces; or 

10 ‘‘(C) review is completed in accordance with the 

11 judgment of the Court of Appeals for the Armed 

12 Forces and— 

13 ‘‘(i) a petition for a writ of certiorari is not 

14 filed within the time limits prescribed by the 

15 Supreme Court; 

16 ‘‘(ii) such a petition is rejected by the Su17 preme Court; or 

18 ‘‘(iii) review is otherwise completed in ac19 cordance with the judgment of the Supreme 

20 Court. 

21 ‘‘(2) If a sentence extends to dismissal or a dishonor22 able or bad conduct discharge and if the right of the ac23 cused to appellate review is waived, or an appeal is with24 drawn, under section 861 of this title (article 61), that 

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1 duct or dishonorable discharge may not be executed until 

2 review of the case by a judge advocate (and any action 

3 on that review) under section 864 of this title (article 64) 

4 is completed. Any other part of a court-martial sentence 

5 may be ordered executed by the convening authority or 

6 other person acting on the case under section 860 of this 

7 title (article 60) when approved by him under that sec8 tion.’’; 

9 (iv) by redesignating subsection (d) as 

10 subsection (c); and 

11 (v) in subsection (c), as so redesig12 nated, by striking ‘‘, except a sentence of 

13 death’’. 

14 (S) GENERAL ARTICLE.—Section 934 of 

15 title 10, United States Code (article 134), is 

16 amended by striking ‘‘crimes and offenses not 

17 capital’’ and inserting ‘‘crimes and offenses’’. 

18 (T) JURISDICTION OF MILITARY COMMIS19 SIONS.—Section 948d of title 10, United States 

20 Code, is amended by striking ‘‘including the 

21 penalty of death’’ and all that follows and in22 serting ‘‘except death.’’. 

23 (U) NUMBER OF MEMBERS OF MILITARY

24 COMMISSIONS.—Subsection (a) of section 948m 


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1 of title 10, United States Code, is amended to 

2 read as follows: 

3 ‘‘(a) NUMBER OF MEMBERS.—A military commission 

4 under this chapter shall have at least 5 members.’’. 

5 (V) NUMBER OF VOTES REQUIRED FOR

6 SENTENCING BY MILITARY COMMISSION.—Sec7 tion 949m of title 10, United States Code, is 

8 amended— 

9 (i) in subsection (b)— 

10 (I) by striking paragraph (1); 

11 and 

12 (II) by redesignating paragraphs 

13 (2) and (3) as paragraphs (1) and 

14 (2), respectively; and 

15 (ii) by striking subsection (c). 

16 (W) APPELLATE REFERRAL FOR MILITARY

17 COMMISSIONS.—Section 950c of title 10, United 

18 States Code, is amended— 

19 (i) in subsection (b)(1), by striking 

20 ‘‘Except a case in which the sentence as 

21 approved under section 950b of this title 

22 extends to death, an accused’’ and insert23 ing ‘‘An accused’’; and 

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1 proved under section 950b of this title ex2 tends to death, the accused’’ and inserting 

3 ‘‘The accused’’. 

4 (X) EXECUTION OF SENTENCE BY MILI5 TARY COMMISSIONS.— 

6 (i) IN GENERAL.—Section 950i of title 

7 10, United States Code, is amended— 

8 (I) in the section heading, by 

9 striking ‘‘Execution of sentence; sus10 pension’’ and inserting ‘‘Suspension’’; 

11 (II) by striking subsections (b) 

12 and (c); 

13 (III) by redesignating subsection 

14 (d) as subsection (b); and 

15 (IV) in subsection (b), as so re16 designated, by striking ‘‘, except a 

17 sentence of death’’. 

18 (ii) CLERICAL AMENDMENT.—The 

19 table of sections at the beginning of sub20 chapter VI of chapter 47A of title 10, 

21 United States Code, is amended by strik22 ing the item relating to section 950i and 

23 inserting the following new item: 

‘‘950i. Execution of sentence.’’. 

24 (d) CONFORMING AMENDMENTS.— 


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1 (1) REPEAL OF CRIMINAL PROCEDURES RELAT2 ING TO IMPOSITION OF DEATH SENTENCE.— 

3 (A) IN GENERAL.—Chapter 228 of title 

4 18, United States Code, is repealed. 

5 (B) CLERICAL AMENDMENT.—The table of 

6 chapters for part II of title 18, United States 

7 Code, is amended by striking the item relating 

8 to chapter 228. 

9 (2) OTHER PROVISIONS.— 

10 (A) INTERCEPTION OF WIRE, ORAL, OR

11 ELECTRONIC COMMUNICATIONS.—Section 

12 2516(1)(a) of title 18, United States Code, is 

13 amended by striking ‘‘by death or’’. 

14 (B) RELEASE AND DETENTION PENDING

15 JUDICIAL PROCEEDINGS.—Chapter 207 of title 

16 18, United States Code, is amended— 

17 (i) in section 3142(f)(1)(B), by strik18 ing ‘‘or death’’; and 

19 (ii) in section 3146(b)(1)(A)(i), by 

20 striking ‘‘death, life imprisonment,’’ and 

21 inserting ‘‘life imprisonment’’. 

22 (C) VENUE IN CAPITAL CASES.—Chapter 

23 221 of title 18, United States Code, is amend24 ed— 

25 (i) by striking section 3235; and 


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1 (ii) in the table of sections, by striking 

2 the item relating to section 3235. 

3 (D) PERIOD OF LIMITATIONS.— 

4 (i) IN GENERAL.—Chapter 213 of title 

5 18, United States Code, is amended by 

6 striking section 3281 and inserting the fol7 lowing: 

8 ‘‘§ 3281. Offenses with no period of limitations 

9 ‘‘An indictment may be found at any time without 

10 limitation for the following offenses: 

11 ‘‘(1) A violation of section 274(a)(1)(A) of the 

12 Immigration and Nationality Act (8 U.S.C. 

13 1324(a)(1)(A)) resulting in the death of any person. 

14 ‘‘(2) A violation of section 34 of this title. 

15 ‘‘(3) A violation of section 36(b)(2)(A) of this 

16 title. 

17 ‘‘(4) A violation of section 37(a) of this title 

18 that results in the death of any person. 

19 ‘‘(5) A violation of section 229A(a)(2) of this 

20 title. 

21 ‘‘(6) A violation of section 241, 242, 245(b), or 

22 247(a) of this title that— 

23 ‘‘(A) results in death; or 

24 ‘‘(B) involved kidnapping or an attempt to 

25 kidnap, aggravated sexual abuse or an attempt 


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1 to commit aggravated sexual abuse, or an at2 tempt to kill. 

3 ‘‘(7) A violation of subsection (b) or (d) of sec4 tion 351 of this title. 

5 ‘‘(8) A violation of section 794(a) of this title. 

6 ‘‘(9) A violation of subsection (d), (f), or (i) of 

7 section 844 of this title that results in the death of 

8 any person (including any public safety officer per9 forming duties as a direct or proximate result of 

10 conduct prohibited by such subsection). 

11 ‘‘(10) An offense punishable under subsection 

12 (c)(5)(B)(i) or (j)(1) of section 924 of this title. 

13 ‘‘(11) An offense punishable under section 

14 1091(b)(1) of this title. 

15 ‘‘(12) A violation of section 1111 of this title 

16 that is murder in the first degree. 

17 ‘‘(13) A violation of section 1118 of this title. 

18 ‘‘(14) A violation of subsection (a) or (b) of sec19 tion 1121 of this title. 

20 ‘‘(15) A violation of section 1201(a) of this title 

21 that results in the death of any person. 

22 ‘‘(16) A violation of section 1203(a) of this title 

23 that results in the death of any person. 


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1 ‘‘(17) An offense punishable under section 

2 1512(a)(3) of this title that is murder (as that term 

3 is defined in section 1111 of this title). 

4 ‘‘(18) An offense punishable under section 

5 1716(j)(3) of this title. 

6 ‘‘(19) A violation of subsection (b) or (d) of sec7 tion 1751 of this title. 

8 ‘‘(20) A violation of section 1958(a) of this title 

9 that results in death. 

10 ‘‘(21) A violation of section 1959(a) of this title 

11 that is murder. 

12 ‘‘(22) A violation of subsection (a) (except for 

13 a violation of paragraph (8), (9), or (10) of such 

14 subsection) or (b) of section 1992 of this title that 

15 results in the death of any person. 

16 ‘‘(23) A violation of section 2113(e) of this title 

17 that results in death. 

18 ‘‘(24) An offense punishable under section 

19 2119(3) of this title. 

20 ‘‘(25) An offense punishable under section 

21 2245(a) of this title. 

22 ‘‘(26) A violation of section 2251 of this title 

23 that results in the death of a person. 

24 ‘‘(27) A violation of section 2280(a)(1) of this 

25 title that results in the death of any person. 


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1 ‘‘(28) A violation of section 2281(a)(1) of this 

2 title that results in the death of any person. 

3 ‘‘(29) A violation of section 2282A(a) of this 

4 title that causes the death of any person. 

5 ‘‘(30) A violation of section 2283(a) of this title 

6 that causes the death of any person. 

7 ‘‘(31) An offense punishable under section 

8 2291(d) of this title. 

9 ‘‘(32) An offense punishable under section 

10 2332(a)(1) of this title. 

11 ‘‘(33) A violation of subsection (a) or (b) of sec12 tion 2332a of this title that results in death. 

13 ‘‘(34) An offense punishable under section 

14 2332b(c)(1)(A) of this title. 

15 ‘‘(35) A violation of section 2340A(a) of this 

16 title that results in the death of any person. 

17 ‘‘(36) A violation of section 2381 of this title. 

18 ‘‘(37) A violation of section 2441(a) of this title 

19 that results in the death of the victim. 

20 ‘‘(38) A violation of section 408(e) of the Con21 trolled Substances Act (21 U.S.C. 848(e)). 

22 ‘‘(39) An offense punishable under subsection 

23 (a)(2)(B) or (b)(1)(B) of section 46502 of title 49.’’. 

24 (ii) CLERICAL AMENDMENT.—The 

25 table of sections for chapter 213 of title 


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1 18, United States Code, is amended by 

2 striking the item relating to section 3281 

3 and inserting the following: 

‘‘3281. Offenses with no period of limitations.’’. 

4 SEC. 7002. PROHIBITION ON IMPOSITION OF DEATH SEN5 TENCE. 

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, no person may be sentenced to death or put 

8 to death on or after the date of enactment of this Act 

9 for any violation of Federal law. 

10 (b) PERSONS SENTENCED BEFORE DATE OF ENACT11 MENT.—Notwithstanding any other provision of law, any 

12 person sentenced to death before the date of enactment 

13 of this Act for any violation of Federal law shall serve 

14 a sentence of life imprisonment without the possibility of 

15 parole. 

16 TITLE VIII—VOTING 

17 SEC. 8000. SHORT TITLE. 

18 (a) SHORT TITLE.—This title may be cited as the 

19 ‘‘Voter Empowerment Act of 2018’’. 

20 (b) STATEMENT OF POLICY.—It is the policy of the 

21 United States that— 

22 (1) all eligible citizens of the United States 

23 should access and exercise their constitutional right 

24 to vote in a free, fair, and timely manner; and 


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1 (2) the integrity, security, and accountability of 

2 the voting process must be vigilantly protected, 

3 maintained, and enhanced in order to protect and 

4 preserve electoral and participatory democracy in the 

5 United States. 

6 Subtitle A—Voting Rights 

7 Advancement 

8 SEC. 8001. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Voting Rights Ad10 vancement Act of 2018’’. 

11 SEC. 8002. VOTING ON INDIAN LANDS. 

12 Section 2 of the Voting Rights Act of 1965 (42 

13 U.S.C. 1973) is amended by adding at the end the fol14 lowing: 

15 ‘‘(c) VOTING ON INDIAN LANDS.— 

16 ‘‘(1) TRIBAL REQUESTS FOR POLLING PLACES; 

17 POLLING PLACE PROVIDED.— 

18 ‘‘(A) IN GENERAL.—A representative offi19 cial of an Indian tribe, with authorization from 

20 the governing body of the tribe, may request 

21 one or more polling places to be located on the 

22 Indian lands of the Indian tribe. Such request 

23 shall be delivered in writing to the State or po24 litical subdivision with responsibility for assign25 ing polling places at least 6 months prior to the 


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1 next election for which the request is made, and 

2 shall specify the location of each requested poll3 ing place. 

4 ‘‘(B) POLLING PLACES PROVIDED.—Each 

5 requested polling place shall be provided by the 

6 State or political subdivision in response to a 

7 request made under paragraph (1), at no ex8 pense to the Indian tribe, if the voting-age pop9 ulation within the geographic area of the Indian 

10 lands relevant to the requested polling place is 

11 at least equal to the smallest voting-age popu12 lation served by any other polling place in the 

13 State. Each polling place that is provided under 

14 this subparagraph shall continue to be provided 

15 after the election for which the request was 

16 made, until such time as the Indian tribe that 

17 requested that polling place delivers a written 

18 request to the State or political subdivision ask19 ing that such polling place be withdrawn. 

20 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

21 in this paragraph shall be construed to prevent 

22 a State or political subdivision from providing 

23 additional polling places on Indian lands if no 

24 request was made under subparagraph (A), or 

25 if such request was made less than 6 months 


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1 prior to the next election for which the request 

2 was made. 

3 ‘‘(2) REQUIREMENT TO PROVIDE EQUITABLE

4 POLLING LOCATIONS.— 

5 ‘‘(A) IN GENERAL.—A State or political 

6 subdivision shall provide the same ratio of poll 

7 workers and voting devices, the same rate of 

8 pay to poll workers, and the same days and 

9 hours of operation, for polling places that are 

10 located on Indian lands as are provided in other 

11 locations of polling places in the State or polit12 ical subdivision. 

13 ‘‘(B) ELIGIBILITY TO VOTE AT A POLLING

14 LOCATION.—A polling place located on Indian 

15 lands shall be open to voting by all persons who 

16 are otherwise eligible to vote residing within the 

17 precinct, voting unit, or electoral district. 

18 ‘‘(C) FEDERAL FACILITIES.—Polling 

19 places located on Indian lands may be des20 ignated at— 

21 ‘‘(i) a Federal facility, such as Indian 

22 Health Service or Bureau of Indian Affairs 

23 service buildings; 

24 ‘‘(ii) any tribal government facility 

25 that meets the requirements of Federal 


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1 and State law applied to other polling loca2 tions within the State; 

3 ‘‘(iii) a tribally owned building; or 

4 ‘‘(iv) another facility that meets the 

5 requirements for polling places in the 

6 State. 

7 ‘‘(3) ABSENTEE BALLOTS AND EARLY VOT8 ING.— 

9 ‘‘(A) IN GENERAL.—A representative offi10 cial of an Indian tribe, with authorization from 

11 the governing body of the Indian tribe, may de12 liver a request to the appropriate State or polit13 ical subdivision that a location on Indian lands 

14 be designated as an absentee ballot location or 

15 an early voting location, and such State or po16 litical subdivision shall grant the request, at no 

17 expense to the Indian tribe, if— 

18 ‘‘(i) the requested location on Indian 

19 lands is in a State that permits voting by 

20 an absentee or mail-in ballot or early vot21 ing (also called absentee in-person voting), 

22 as the case may be; and 

23 ‘‘(ii) the voting-age population within 

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1 tion or early voting location is at least 

2 equal to the smallest voting-age population 

3 served by any other absentee ballot loca4 tion or early voting location in the State. 

5 ‘‘(B) INDIAN LANDS AS ABSENTEE BALLOT

6 LOCATION.—If a location on Indian lands is 

7 designated as an absentee ballot location or an 

8 early voting location, absentee ballots, or early 

9 ballots, as the case may be, shall be provided, 

10 at no expense to the Indian tribe, to each reg11 istered voter living in such designated location 

12 without the requirement of an excuse for an ab13 sentee ballot or early voting. Bilingual election 

14 materials and oral language assistance shall be 

15 provided if required by section 203. 

16 ‘‘(4) TRIBAL REQUESTS FOR VOTER REGISTRA17 TION AGENCIES.—A representative official of an In18 dian tribe, with authorization from the governing 

19 body of the tribe, may request that tribal govern20 ment service offices be designated as voter registra21 tion agencies under section 7 of the National Voter 

22 Registration Act of 1993 (52 U.S.C. 20506). Such 

23 a request shall be delivered in writing to the State 

24 or political subdivision with responsibility for assign25 ing polling locations at least 6 months prior to the 


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1 next election for which the request is made. Such a 

2 request shall be granted if the tribal government 

3 service office meets the requirements of Federal and 

4 State law applied to other designated voter registra5 tion agencies within the State.’’. 

6 SEC. 8003. VIOLATIONS TRIGGERING AUTHORITY OF 

7 COURT TO RETAIN JURISDICTION. 

8 (a) TYPES OF VIOLATIONS.—Section 3(c) of the Vot9 ing Rights Act of 1965 (52 U.S.C. 10302(c)) is amended 

10 by striking ‘‘violations of the fourteenth or fifteenth 

11 amendment’’ and inserting ‘‘violations of the 14th or 15th 

12 Amendment, violations of this Act, or violations of any 

13 Federal law that prohibits discrimination in voting on the 

14 basis of race, color, or membership in a language minority 

15 group,’’. 

16 (b) CONFORMING AMENDMENT.—Section 3(a) of 

17 such Act (52 U.S.C. 10302(a)) is amended by striking 

18 ‘‘violations of the fourteenth or fifteenth amendment’’ and 

19 inserting ‘‘violations of the 14th or 15th Amendment, vio20 lations of this Act, or violations of any Federal law that 

21 prohibits discrimination in voting on the basis of race, 

22 color, or membership in a language minority group,’’. 


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1 SEC. 8004. CRITERIA FOR COVERAGE OF STATES AND PO2 LITICAL SUBDIVISIONS. 

3 (a) DETERMINATION OF STATES AND POLITICAL

4 SUBDIVISIONS SUBJECT TO SECTION 4(a).— 

5 (1) IN GENERAL.—Section 4(b) of the Voting 

6 Rights Act of 1965 (52 U.S.C. 10303(b)) is amend7 ed to read as follows: 

8 ‘‘(b) DETERMINATION OF STATES AND POLITICAL

9 SUBDIVISIONS SUBJECT TO REQUIREMENTS.— 

10 ‘‘(1) EXISTENCE OF VOTING RIGHTS VIOLA11 TIONS DURING PREVIOUS 25 YEARS.— 

12 ‘‘(A) STATEWIDE APPLICATION.—Sub13 section (a) applies with respect to a State and 

14 all political subdivisions within the State during 

15 a calendar year if— 

16 ‘‘(i) 15 or more voting rights viola17 tions occurred in the State during the pre18 vious 25 calendar years; or 

19 ‘‘(ii) 10 or more voting rights viola20 tions occurred in the State during the pre21 vious 25 calendar years, at least one of 

22 which was committed by the State itself 

23 (as opposed to a political subdivision with24 in the State). 

25 ‘‘(B) APPLICATION TO SPECIFIC POLITICAL

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1 spect to a political subdivision as a separate 

2 unit during a calendar year if 3 or more voting 

3 rights violations occurred in the subdivision 

4 during the previous 25 calendar years. 

5 ‘‘(2) PERIOD OF APPLICATION.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), if, pursuant to paragraph 

8 (1), subsection (a) applies with respect to a 

9 State or political subdivision during a calendar 

10 year, subsection (a) shall apply with respect to 

11 such State or political subdivision for the pe12 riod— 

13 ‘‘(i) that begins on January 1 of the 

14 year in which subsection (a) applies; and 

15 ‘‘(ii) that ends on the date which is 10 

16 years after the date described in clause (i). 

17 ‘‘(B) NO FURTHER APPLICATION AFTER

18 DECLARATORY JUDGMENT.— 

19 ‘‘(i) STATES.—If a State obtains a de20 claratory judgment under subsection (a), 

21 and the judgment remains in effect, sub22 section (a) shall no longer apply to such 

23 State pursuant to paragraph (1)(A) unless, 

24 after the issuance of the declaratory judg25 ment, paragraph (1)(A) applies to the 


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1 State solely on the basis of voting rights 

2 violations occurring after the issuance of 

3 the declaratory judgment. 

4 ‘‘(ii) POLITICAL SUBDIVISIONS.—If a 

5 political subdivision obtains a declaratory 

6 judgment under subsection (a), and the 

7 judgment remains in effect, subsection (a) 

8 shall no longer apply to such political sub9 division pursuant to paragraph (1), includ10 ing pursuant to paragraph (1)(A) (relating 

11 to the statewide application of subsection 

12 (a)), unless, after the issuance of the de13 claratory judgment, paragraph (1)(B) ap14 plies to the political subdivision solely on 

15 the basis of voting rights violations occur16 ring after the issuance of the declaratory 

17 judgment. 

18 ‘‘(3) DETERMINATION OF VOTING RIGHTS VIO19 LATION.—For purposes of paragraph (1), a voting 

20 rights violation occurred in a State or political sub21 division if any of the following applies: 

22 ‘‘(A) FINAL JUDGMENT; VIOLATION OF

23 THE 14TH OR 15TH AMENDMENT.—In a final 

24 judgment (which has not been reversed on ap25 peal), any court of the United States has deterVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 mined that a denial or abridgement of the right 

2 of any citizen of the United States to vote on 

3 account of race, color, or membership in a lan4 guage minority group, in violation of the 14th 

5 or 15th Amendment, occurred anywhere within 

6 the State or subdivision. 

7 ‘‘(B) FINAL JUDGMENT; VIOLATIONS OF

8 THIS ACT.—In a final judgment (which has not 

9 been reversed on appeal), any court of the 

10 United States has determined that a voting 

11 qualification or prerequisite to voting or stand12 ard, practice, or procedure with respect to vot13 ing was imposed or applied or would have been 

14 imposed or applied anywhere within the State 

15 or subdivision in a manner that resulted or 

16 would have resulted in a denial or abridgement 

17 of the right of any citizen of the United States 

18 to vote on account of race, color, or membership 

19 in a language minority group, in violation of 

20 subsection (e) or (f), or section 2 or 203 of this 

21 Act. 

22 ‘‘(C) FINAL JUDGMENT; DENIAL OF DE23 CLARATORY JUDGMENT.—In a final judgment 

24 (which has not been reversed on appeal), any 

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1 quest of the State or subdivision for a declara2 tory judgment under section 3(c) or section 5, 

3 and thereby prevented a voting qualification or 

4 prerequisite to voting or standard, practice, or 

5 procedure with respect to voting from being en6 forced anywhere within the State or subdivision. 

7 ‘‘(D) OBJECTION BY THE ATTORNEY GEN8 ERAL.—The Attorney General has interposed 

9 an objection under section 3(c) or section 5 

10 (and the objection has not been overturned by 

11 a final judgment of a court or withdrawn by the 

12 Attorney General), and thereby prevented a vot13 ing qualification or prerequisite to voting or 

14 standard, practice, or procedure with respect to 

15 voting from being enforced anywhere within the 

16 State or subdivision. 

17 ‘‘(E) CONSENT DECREE, SETTLEMENT, OR

18 OTHER AGREEMENT.—A consent decree, settle19 ment, or other agreement was entered into, 

20 which resulted in the alteration or abandonment 

21 of a voting practice anywhere in the territory of 

22 such State that was challenged on the ground 

23 that the practice denied or abridged the right of 

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1 guage minority group in violation of subsection 

2 (e) or (f), or section 2 or 203 of this Act, or 

3 the 14th or 15th Amendment. 

4 ‘‘(4) TIMING OF DETERMINATIONS.— 

5 ‘‘(A) DETERMINATIONS OF VOTING RIGHTS

6 VIOLATIONS.—As early as practicable during 

7 each calendar year, the Attorney General shall 

8 make the determinations required by this sub9 section, including updating the list of voting 

10 rights violations occurring in each State and po11 litical subdivision for the previous calendar 

12 year. 

13 ‘‘(B) EFFECTIVE UPON PUBLICATION IN

14 FEDERAL REGISTER.—A determination or cer15 tification of the Attorney General under this 

16 section or under section 8 or 13 shall be effec17 tive upon publication in the Federal Register.’’. 

18 (2) CONFORMING AMENDMENTS.—Section 4(a) 

19 of such Act (52 U.S.C. 10303(a)) is amended— 

20 (A) in paragraph (1), in the first sentence 

21 of the matter preceding subparagraph (A), by 

22 striking ‘‘any State with respect to which’’ and 

23 all that follows through ‘‘unless’’ and inserting 

24 ‘‘any State to which this subsection applies dur25 ing a calendar year pursuant to determinations 


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1 made under subsection (b), or in any political 

2 subdivision of such State (as such subdivision 

3 existed on the date such determinations were 

4 made with respect to such State), though such 

5 determinations were not made with respect to 

6 such subdivision as a separate unit, or in any 

7 political subdivision with respect to which this 

8 subsection applies during a calendar year pur9 suant to determinations made with respect to 

10 such subdivision as a separate unit under sub11 section (b), unless’’; 

12 (B) in paragraph (1) in the matter pre13 ceding subparagraph (A), by striking the second 

14 sentence; 

15 (C) in paragraph (1)(A), by striking ‘‘(in 

16 the case of a State or subdivision seeking a de17 claratory judgment under the second sentence 

18 of this subsection)’’; 

19 (D) in paragraph (1)(B), by striking ‘‘(in 

20 the case of a State or subdivision seeking a de21 claratory judgment under the second sentence 

22 of this subsection)’’; 

23 (E) in paragraph (3), by striking ‘‘(in the 

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1 tory judgment under the second sentence of this 

2 subsection)’’; 

3 (F) in paragraph (5), by striking ‘‘(in the 

4 case of a State or subdivision which sought a 

5 declaratory judgment under the second sentence 

6 of this subsection)’’; 

7 (G) by striking paragraphs (7) and (8); 

8 and 

9 (H) by redesignating paragraph (9) as 

10 paragraph (7). 

11 (b) CLARIFICATION OF TREATMENT OF MEMBERS OF

12 LANGUAGE MINORITY GROUPS.—Section 4(a)(1) of such 

13 Act (52 U.S.C. 10303(a)(1)) is amended by striking ‘‘race 

14 or color,’’ and inserting ‘‘race, color, or in contravention 

15 of the guarantees of subsection (f)(2),’’. 

16 SEC. 8005. DETERMINATION OF STATES AND POLITICAL 

17 SUBDIVISIONS SUBJECT TO PRECLEARANCE 

18 FOR COVERED PRACTICES. 

19 The Voting Rights Act of 1965 (52 U.S.C. 10301 et 

20 seq.) is further amended by inserting after section 4 the 

21 following: 

22 ‘‘SEC. 4A. DETERMINATION OF STATES AND POLITICAL 

23 SUBDIVISIONS SUBJECT TO PRECLEARANCE 

24 FOR COVERED PRACTICES. 

25 ‘‘(a) PRACTICE-BASED PRECLEARANCE.— 


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1 ‘‘(1) IN GENERAL.—Each State and each polit2 ical subdivision shall— 

3 ‘‘(A) identify any newly enacted or adopted 

4 law, regulation, or policy that includes a voting 

5 qualification or prerequisite to voting, or a 

6 standard, practice, or procedure with respect to 

7 voting, that is a covered practice described in 

8 subsection (b); and 

9 ‘‘(B) ensure that no such covered practice 

10 is implemented unless or until the State or po11 litical subdivision, as the case may be, complies 

12 with subsection (c). 

13 ‘‘(2) DETERMINATIONS OF CHARACTERISTICS

14 OF VOTING-AGE POPULATION.— 

15 ‘‘(A) IN GENERAL.—As early as prac16 ticable during each calendar year, the Attorney 

17 General, in consultation with the Director of 

18 the Bureau of the Census and the heads of 

19 other relevant offices of the government, shall 

20 make the determinations required by this sec21 tion regarding voting-age populations and the 

22 characteristics of such populations, and shall 

23 publish a list of the States and political subdivi24 sions to which a voting-age population char25 acteristic described in subsection (b) applies. 


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1 ‘‘(B) PUBLICATION IN THE FEDERAL REG2 ISTER.—A determination or certification of the 

3 Attorney General under this paragraph shall be 

4 effective upon publication in the Federal Reg5 ister. 

6 ‘‘(b) COVERED PRACTICES.—To assure that the right 

7 of citizens of the United States to vote is not denied or 

8 abridged on account of race, color, or membership in a 

9 language minority group as a result of the implementation 

10 of certain qualifications or prerequisites to voting, or 

11 standards, practices, or procedures with respect to voting 

12 newly adopted in a State or political subdivision, the fol13 lowing shall be covered practices subject to the require14 ments described in subsection (a): 

15 ‘‘(1) CHANGES TO METHOD OF ELECTION.— 

16 Any change to the method of election— 

17 ‘‘(A) to add seats elected at-large in a 

18 State or political subdivision where— 

19 ‘‘(i) 2 or more racial groups or lan20 guage minority groups each represent 20 

21 percent or more of the political subdivi22 sion’s voting-age population; or 

23 ‘‘(ii) a single language minority group 

24 represents 20 percent or more of the vot25 ing-age population on Indian lands located 


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1 in whole or in part in the political subdivi2 sion; or 

3 ‘‘(B) to convert one or more seats elected 

4 from a single-member district to one or more 

5 at-large seats or seats from a multi-member 

6 district in a State or political subdivision 

7 where— 

8 ‘‘(i) 2 or more racial groups or lan9 guage minority groups each represent 20 

10 percent or more of the political subdivi11 sion’s voting-age population; or 

12 ‘‘(ii) a single language minority group 

13 represents 20 percent or more of the vot14 ing-age population on Indian lands located 

15 in whole or in part in the political subdivi16 sion. 

17 ‘‘(2) CHANGES TO JURISDICTION BOUND18 ARIES.—Any change or series of changes within a 

19 year to the boundaries of a jurisdiction that reduces 

20 by 3 or more percentage points the proportion of the 

21 jurisdiction’s voting-age population that is comprised 

22 of members of a single racial group or language mi23 nority group in a State or political subdivision 

24 where— 


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1 ‘‘(A) 2 or more racial groups or language 

2 minority groups each represent 20 percent or 

3 more of the political subdivision’s voting-age 

4 population; or 

5 ‘‘(B) a single language minority group rep6 resents 20 percent or more of the voting-age 

7 population on Indian lands located in whole or 

8 in part in the political subdivision. 

9 ‘‘(3) CHANGES THROUGH REDISTRICTING.— 

10 Any change to the boundaries of election districts in 

11 a State or political subdivision where any racial 

12 group or language minority group experiences a pop13 ulation increase, over the preceding decade (as cal14 culated by the Bureau of the Census under the most 

15 recent decennial census), of at least— 

16 ‘‘(A) 10,000; or 

17 ‘‘(B) 20 percent of voting-age population 

18 of the State or political subdivision, as the case 

19 may be. 

20 ‘‘(4) CHANGES IN DOCUMENTATION OR QUALI21 FICATIONS TO VOTE.—Any change to requirements 

22 for documentation or proof of identity to vote such 

23 that the requirements will exceed or be more strin24 gent than the requirements for voting that are de25 scribed in section 303(b) of the Help America Vote 


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1 Act of 2002 (52 U.S.C. 21083(b)) or any change to 

2 the requirements for documentation or proof of iden3 tity to register to vote that will exceed or be more 

4 stringent than such requirements under State law on 

5 the day before the date of enactment of the Voting 

6 Rights Advancement Act of 2018. 

7 ‘‘(5) CHANGES TO MULTILINGUAL VOTING MA8 TERIALS.—Any change that reduces multilingual 

9 voting materials or alters the manner in which such 

10 materials are provided or distributed, where no simi11 lar reduction or alteration occurs in materials pro12 vided in English for such election. 

13 ‘‘(6) CHANGES THAT REDUCE, CONSOLIDATE, 

14 OR RELOCATE VOTING LOCATIONS.—Any change 

15 that reduces, consolidates, or relocates voting loca16 tions, including early, absentee, and election-day vot17 ing locations— 

18 ‘‘(A) in 1 or more census tracts wherein 2 

19 or more language minority groups or racial 

20 groups each represent 20 percent or more of 

21 the voting-age population of the political sub22 division; or 

23 ‘‘(B) on Indian lands wherein at least 20 

24 percent of the voting-age population belongs to 

25 a single language minority group. 


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1 ‘‘(c) PRECLEARANCE.— 

2 ‘‘(1) IN GENERAL.—Whenever a State or polit3 ical subdivision with respect to which the require4 ments set forth in subsection (a) are in effect shall 

5 enact, adopt, or seek to implement any covered prac6 tice described under subsection (b), such State or 

7 subdivision may institute an action in the United 

8 States District Court for the District of Columbia 

9 for a declaratory judgment that such covered prac10 tice neither has the purpose nor will have the effect 

11 of denying or abridging the right to vote on account 

12 of race, color, or membership in a language minority 

13 group, and unless and until the court enters such 

14 judgment such covered practice shall not be imple15 mented. Notwithstanding the previous sentence, such 

16 covered practice may be implemented without such 

17 proceeding if the covered practice has been sub18 mitted by the chief legal officer or other appropriate 

19 official of such State or subdivision to the Attorney 

20 General and the Attorney General has not inter21 posed an objection within 60 days after such submis22 sion, or upon good cause shown, to facilitate an ex23 pedited approval within 60 days after such submis24 sion, the Attorney General has affirmatively indi25 cated that such objection will not be made. Neither 


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1 an affirmative indication by the Attorney General 

2 that no objection will be made, nor the Attorney 

3 General’s failure to object, nor a declaratory judg4 ment entered under this section shall bar a subse5 quent action to enjoin implementation of such cov6 ered practice. In the event the Attorney General af7 firmatively indicates that no objection will be made 

8 within the 60-day period following receipt of a sub9 mission, the Attorney General may reserve the right 

10 to reexamine the submission if additional informa11 tion comes to the Attorney General’s attention dur12 ing the remainder of the 60-day period which would 

13 otherwise require objection in accordance with this 

14 section. Any action under this section shall be heard 

15 and determined by a court of three judges in accord16 ance with the provisions of section 2284 of title 28, 

17 United States Code, and any appeal shall lie to the 

18 Supreme Court. 

19 ‘‘(2) DENYING OR ABRIDGING THE RIGHT TO

20 VOTE.—Any covered practice described in subsection 

21 (b) that has the purpose of or will have the effect 

22 of diminishing the ability of any citizens of the 

23 United States on account of race, color, or member24 ship in a language minority group, to elect their pre25 ferred candidates of choice denies or abridges the 


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1 right to vote within the meaning of paragraph (1) of 

2 this subsection. 

3 ‘‘(3) PURPOSE DEFINED.—The term ‘purpose’ 

4 in paragraphs (1) and (2) of this subsection shall in5 clude any discriminatory purpose. 

6 ‘‘(4) PURPOSE OF PARAGRAPH (2).—The pur7 pose of paragraph (2) of this subsection is to protect 

8 the ability of such citizens to elect their preferred 

9 candidates of choice. 

10 ‘‘(d) ENFORCEMENT.—The Attorney General or any 

11 aggrieved citizen may file an action in a Federal district 

12 court to compel any State or political subdivision to satisfy 

13 the obligations set forth in this section. Such actions shall 

14 be heard and determined by a court of 3 judges under 

15 section 2284 of title 28, United States Code. In any such 

16 action, the court shall provide as a remedy that any voting 

17 qualification or prerequisite to voting, or standard, prac18 tice, or procedure with respect to voting, that is the sub19 ject of the action under this subsection be enjoined unless 

20 the court determines that— 

21 ‘‘(1) the voting qualification or prerequisite to 

22 voting, or standard, practice, or procedure with re23 spect to voting, is not a covered practice described 

24 in subsection (b); or 


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1 ‘‘(2) the State or political subdivision has com2 plied with subsection (c) with respect to the covered 

3 practice at issue. 

4 ‘‘(e) COUNTING OF RACIAL GROUPS AND LANGUAGE

5 MINORITY GROUPS.—For purposes of this section, the cal6 culation of the population of a racial group or a language 

7 minority group shall be carried out using the methodology 

8 in the guidance promulgated in the Federal Register on 

9 February 9, 2011 (76 Fed. Reg. 7470). 

10 ‘‘(f) SPECIAL RULE.—For purposes of determina11 tions under this section, any data provided by the Bureau 

12 of the Census, whether based on estimation from sample 

13 or actual enumeration, shall not be subject to challenge 

14 or review in any court. 

15 ‘‘(g) MULTILINGUAL VOTING MATERIALS.—In this 

16 section, the term ‘multilingual voting materials’ means 

17 registration or voting notices, forms, instructions, assist18 ance, or other materials or information relating to the 

19 electoral process, including ballots, provided in the lan20 guage or languages of one or more language minority 

21 groups.’’. 

22 SEC. 8006. PROMOTING TRANSPARENCY TO ENFORCE THE 

23 VOTING RIGHTS ACT. 

24 (a) TRANSPARENCY.— 


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1 (1) IN GENERAL.—The Voting Rights Act of 

2 1965 (52 U.S.C. 10301 et seq.) is amended by in3 serting after section 5 the following new section: 

4 ‘‘SEC. 6. TRANSPARENCY REGARDING CHANGES TO PRO5 TECT VOTING RIGHTS. 

6 ‘‘(a) NOTICE OF ENACTED CHANGES.— 

7 ‘‘(1) NOTICE OF CHANGES.—If a State or polit8 ical subdivision makes any change in any pre9 requisite to voting or standard, practice, or proce10 dure with respect to voting in any election for Fed11 eral office that will result in the prerequisite, stand12 ard, practice, or procedure being different from that 

13 which was in effect as of 180 days before the date 

14 of the election for Federal office, the State or polit15 ical subdivision shall provide reasonable public notice 

16 in such State or political subdivision and on the 

17 Internet, of a concise description of the change, in18 cluding the difference between the changed pre19 requisite, standard, practice, or procedure and the 

20 prerequisite, standard, practice, or procedure which 

21 was previously in effect. The public notice described 

22 in this paragraph, in such State or political subdivi23 sion and on the Internet, shall be in a format that 

24 is reasonably convenient and accessible to voters 


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1 with disabilities, including voters who have low vi2 sion or are blind. 

3 ‘‘(2) DEADLINE FOR NOTICE.—A State or polit4 ical subdivision shall provide the public notice re5 quired under paragraph (1) not later than 48 hours 

6 after making the change involved. 

7 ‘‘(b) TRANSPARENCY REGARDING POLLING PLACE

8 RESOURCES.— 

9 ‘‘(1) IN GENERAL.—In order to identify any 

10 changes that may impact the right to vote of any 

11 person, prior to the 30th day before the date of an 

12 election for Federal office, each State or political 

13 subdivision with responsibility for allocating reg14 istered voters, voting machines, and official poll 

15 workers to particular precincts and polling places 

16 shall provide reasonable public notice in such State 

17 or political subdivision and on the Internet, of the 

18 information described in paragraph (2) for precincts 

19 and polling places within such State or political sub20 division. The public notice described in this para21 graph, in such State or political subdivision and on 

22 the Internet, shall be in a format that is reasonably 

23 convenient and accessible to voters with disabilities 

24 including voters who have low vision or are blind. 


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1 ‘‘(2) INFORMATION DESCRIBED.—The informa2 tion described in this paragraph with respect to a 

3 precinct or polling place is each of the following: 

4 ‘‘(A) The name or number. 

5 ‘‘(B) In the case of a polling place, the lo6 cation, including the street address, and wheth7 er such polling place is accessible to persons 

8 with disabilities. 

9 ‘‘(C) The voting-age population of the area 

10 served by the precinct or polling place, broken 

11 down by demographic group if such breakdown 

12 is reasonably available to such State or political 

13 subdivision. 

14 ‘‘(D) The number of registered voters as15 signed to the precinct or polling place, broken 

16 down by demographic group if such breakdown 

17 is reasonably available to such State or political 

18 subdivision. 

19 ‘‘(E) The number of voting machines as20 signed, including the number of voting ma21 chines accessible to voters with disabilities, in22 cluding voters who have low vision or are blind. 

23 ‘‘(F) The number of official paid poll 

24 workers assigned. 


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1 ‘‘(G) The number of official volunteer poll 

2 workers assigned. 

3 ‘‘(H) In the case of a polling place, the 

4 dates and hours of operation. 

5 ‘‘(3) UPDATES IN INFORMATION REPORTED.— 

6 If a State or political subdivision makes any change 

7 in any of the information described in paragraph 

8 (2), the State or political subdivision shall provide 

9 reasonable public notice in such State or political 

10 subdivision and on the Internet, of the change in the 

11 information not later than 48 hours after the change 

12 occurs or, if the change occurs fewer than 48 hours 

13 before the date of the election for Federal office, as 

14 soon as practicable after the change occurs. The 

15 public notice described in this paragraph in such 

16 State or political subdivision and on the Internet 

17 shall be in a format that is reasonably convenient 

18 and accessible to voters with disabilities including 

19 voters who have low vision or are blind. 

20 ‘‘(c) TRANSPARENCY OF CHANGES RELATING TO DE21 MOGRAPHICS AND ELECTORAL DISTRICTS.— 

22 ‘‘(1) REQUIRING PUBLIC NOTICE OF

23 CHANGES.—Not later than 10 days after making 

24 any change in the constituency that will participate 

25 in an election for Federal, State, or local office or 


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1 the boundaries of a voting unit or electoral district 

2 in an election for Federal, State, or local office (in3 cluding through redistricting, reapportionment, 

4 changing from at-large elections to district-based 

5 elections, or changing from district-based elections 

6 to at-large elections), a State or political subdivision 

7 shall provide reasonable public notice in such State 

8 or political subdivision and on the Internet, of the 

9 demographic and electoral data described in para10 graph (3) for each of the geographic areas described 

11 in paragraph (2). 

12 ‘‘(2) GEOGRAPHIC AREAS DESCRIBED.—The ge13 ographic areas described in this paragraph are as 

14 follows: 

15 ‘‘(A) The State as a whole, if the change 

16 applies statewide, or the political subdivision as 

17 a whole, if the change applies across the entire 

18 political subdivision. 

19 ‘‘(B) If the change includes a plan to re20 place or eliminate voting units or electoral dis21 tricts, each voting unit or electoral district that 

22 will be replaced or eliminated. 

23 ‘‘(C) If the change includes a plan to es24 tablish new voting units or electoral districts, 

25 each such new voting unit or electoral district. 


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1 ‘‘(3) DEMOGRAPHIC AND ELECTORAL DATA.— 

2 The demographic and electoral data described in this 

3 paragraph with respect to a geographic area de4 scribed in paragraph (2) are each of the following: 

5 ‘‘(A) The voting-age population, broken 

6 down by demographic group. 

7 ‘‘(B) If it is reasonably available to the 

8 State or political subdivision involved, an esti9 mate of the population of the area which con10 sists of citizens of the United States who are 18 

11 years of age or older, broken down by demo12 graphic group. 

13 ‘‘(C) The number of registered voters, bro14 ken down by demographic group if such break15 down is reasonably available to the State or po16 litical subdivision involved. 

17 ‘‘(D)(i) If the change applies to a State, 

18 the actual number of votes, or (if it is not rea19 sonably practicable for the State to ascertain 

20 the actual number of votes) the estimated num21 ber of votes received by each candidate in each 

22 statewide election held during the 5-year period 

23 which ends on the date the change involved is 

24 made; and 


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1 ‘‘(ii) if the change applies to only one polit2 ical subdivision, the actual number of votes, or 

3 (if it is not reasonably practicable for the polit4 ical subdivision to ascertain the actual number 

5 of votes) in each subdivision-wide election held 

6 during the 5-year period which ends on the date 

7 the change involved is made. 

8 ‘‘(4) VOLUNTARY COMPLIANCE BY SMALLER JU9 RISDICTIONS.—Compliance with this subsection shall 

10 be voluntary for a political subdivision of a State un11 less the subdivision is one of the following: 

12 ‘‘(A) A county or parish. 

13 ‘‘(B) A municipality with a population 

14 greater than 10,000, as determined by the Bu15 reau of the Census under the most recent de16 cennial census. 

17 ‘‘(C) A school district with a population 

18 greater than 10,000, as determined by the Bu19 reau of the Census under the most recent de20 cennial census. For purposes of this subpara21 graph, the term ‘school district’ means the geo22 graphic area under the jurisdiction of a local 

23 educational agency (as defined in section 9101 

24 of the Elementary and Secondary Education 

25 Act of 1965 (20 U.S.C. 7801)). 


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1 ‘‘(d) RULES REGARDING FORMAT OF INFORMA2 TION.—The Attorney General may issue rules specifying 

3 a reasonably convenient and accessible format that States 

4 and political subdivisions shall use to provide public notice 

5 of information under this section. 

6 ‘‘(e) NO DENIAL OF RIGHT TO VOTE.—The right to 

7 vote of any person shall not be denied or abridged because 

8 the person failed to comply with any change made by a 

9 State or political subdivision if the State or political sub10 division involved did not meet the applicable requirements 

11 of this section with respect to the change. 

12 ‘‘(f) DEFINITIONS.—In this section— 

13 ‘‘(1) the term ‘demographic group’ means each 

14 group which section 2 protects from the denial or 

15 abridgement of the right to vote on account of race 

16 or color, or in contravention of the guarantees set 

17 forth in section 4(f)(2); 

18 ‘‘(2) the term ‘election for Federal office’ means 

19 any general, special, primary, or runoff election held 

20 solely or in part for the purpose of electing any can21 didate for the office of President, Vice President, 

22 Presidential elector, Senator, Member of the House 

23 of Representatives, or Delegate or Resident Commis24 sioner to the Congress; and 


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1 ‘‘(3) the term ‘persons with disabilities’, means 

2 individuals with a disability, as defined in section 3 

3 of the Americans with Disabilities Act of 1990 (42 

4 U.S.C. 12102).’’. 

5 (2) CONFORMING AMENDMENT.—Section 3(a) 

6 of such Act (52 U.S.C. 10302(a)) is amended by 

7 striking ‘‘in accordance with section 6’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a)(1) shall apply with respect to changes which 

10 are made on or after the expiration of the 60-day period 

11 which begins on the date of the enactment of this Act. 

12 SEC. 8007. AUTHORITY TO ASSIGN OBSERVERS. 

13 (a) CLARIFICATION OF AUTHORITY IN POLITICAL

14 SUBDIVISIONS SUBJECT TO PRECLEARANCE.—Section 

15 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 

16 10305(a)(2)(B)) is amended to read as follows: 

17 ‘‘(B) in the Attorney General’s judgment, 

18 the assignment of observers is otherwise nec19 essary to enforce the guarantees of the 14th or 

20 15th Amendment or any provision of this Act 

21 or any other Federal law protecting the right of 

22 citizens of the United States to vote;’’. 

23 (b) ASSIGNMENT OF OBSERVERS TO ENFORCE BI24 LINGUAL ELECTION REQUIREMENTS.—Section 8(a) of 

25 such Act (52 U.S.C. 10305(a)) is amended— 


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1 (1) by striking ‘‘or’’ at the end of paragraph 

2 (1); and 

3 (2) by adding after paragraph (2) the following: 

4 ‘‘(3) the Attorney General certifies with respect 

5 to a political subdivision that— 

6 ‘‘(A) the Attorney General has received 

7 written meritorious complaints from residents, 

8 elected officials, or civic participation organiza9 tions that efforts to violate section 203 are like10 ly to occur; or 

11 ‘‘(B) in the Attorney General’s judgment, 

12 the assignment of observers is necessary to en13 force the guarantees of section 203; or 

14 ‘‘(4) the Attorney General certifies that the At15 torney General has received from the appropriate of16 ficial of the governing body of a federally recognized 

17 Indian tribe— 

18 ‘‘(A) a written complaint that efforts to 

19 deny or abridge the right to vote under the 

20 color of law on account of race or color, or in 

21 contravention of the guarantees set forth in sec22 tion 4(f)(2) are likely to occur; and 

23 ‘‘(B) a written request for the authoriza24 tion of Federal observers for elections that 

25 occur on Indian lands;’’. 


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1 SEC. 8008. PRELIMINARY INJUNCTIVE RELIEF. 

2 (a) CLARIFICATION OF SCOPE AND PERSONS AU3 THORIZED TO SEEK RELIEF.—Section 12(d) of the Vot4 ing Rights Act of 1965 (52 U.S.C. 10308(d)) is amend5 ed— 

6 (1) by striking ‘‘section 2, 3, 4, 5, 7, 10, 11, 

7 or subsection (b) of this section’’ and inserting ‘‘the 

8 14th or 15th Amendment, this Act, or any Federal 

9 voting rights law that prohibits discrimination on 

10 the basis of race, color, or membership in a language 

11 minority group’’; and 

12 (2) by striking ‘‘the Attorney General may in13 stitute for the United States, or in the name of the 

14 United States,’’ and inserting ‘‘the aggrieved person 

15 or (in the name of the United States) the Attorney 

16 General may institute’’. 

17 (b) GROUNDS FOR GRANTING RELIEF.—Section 

18 12(d) of such Act (52 U.S.C. 10308(d)) is amended— 

19 (1) by striking ‘‘(d) Whenever any person’’ and 

20 inserting ‘‘(d)(1) Whenever any person’’; 

21 (2) by striking ‘‘(1) to permit’’ and inserting 

22 ‘‘(A) to permit’’; 

23 (3) by striking ‘‘(2) to count’’ and inserting 

24 ‘‘(B) to count’’; and 

25 (4) by adding at the end the following new 

26 paragraph: 


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1 ‘‘(2)(A) In any action for preliminary relief described 

2 in this subsection, the court shall grant the relief if the 

3 court determines that the complainant has raised a serious 

4 question whether the challenged voting qualification or 

5 prerequisite to voting or standard, practice, or procedure 

6 violates this Act or the Constitution and, on balance, the 

7 hardship imposed upon the defendant by the grant of the 

8 relief will be less than the hardship which would be im9 posed upon the plaintiff if the relief were not granted. In 

10 balancing the harms, the court shall give due weight to 

11 the fundamental right to cast an effective ballot. 

12 ‘‘(B) In making its determination under this para13 graph with respect to a change in any voting qualification, 

14 prerequisite to voting, or standard, practice, or procedure 

15 with respect to voting, the court shall consider all relevant 

16 factors and give due weight to the following factors, if they 

17 are present: 

18 ‘‘(i) Whether the qualification, prerequisite, 

19 standard, practice, or procedure in effect prior to the 

20 change was adopted as a remedy for a Federal court 

21 judgment, consent decree, or admission regarding— 

22 ‘‘(I) discrimination on the basis of race or 

23 color in violation of the 14th or 15th Amend24 ment; 

25 ‘‘(II) a violation of this Act; or 


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1 ‘‘(III) voting discrimination on the basis of 

2 race, color, or membership in a language minor3 ity group in violation of any other Federal or 

4 State law. 

5 ‘‘(ii) Whether the qualification, prerequisite, 

6 standard, practice, or procedure in effect prior to the 

7 change served as a ground for the dismissal or set8 tlement of a claim alleging— 

9 ‘‘(I) discrimination on the basis of race or 

10 color in violation of the 14th or 15th Amend11 ment; 

12 ‘‘(II) a violation of this Act; or 

13 ‘‘(III) voting discrimination on the basis of 

14 race, color, or membership in a language minor15 ity group in violation of any other Federal or 

16 State law. 

17 ‘‘(iii) Whether the change was adopted fewer 

18 than 180 days before the date of the election with 

19 respect to which the change is to take effect. 

20 ‘‘(iv) Whether the defendant has failed to pro21 vide timely or complete notice of the adoption of the 

22 change as required by applicable Federal or State 

23 law.’’. 


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1 SEC. 8009. DEFINITIONS. 

2 Title I of the Voting Rights Act of 1965 (52 U.S.C. 

3 10301) is amended by adding at the end the following: 

4 ‘‘SEC. 21. DEFINITIONS. 

5 ‘‘In this Act: 

6 ‘‘(1) INDIAN LANDS.—The term ‘Indian lands’ 

7 means— 

8 ‘‘(A) any Indian country of the Indian 

9 tribe, as defined in section 1151 of title 18, 

10 United States Code; 

11 ‘‘(B) any land in Alaska that is owned, 

12 pursuant to the Alaska Native Claims Settle13 ment Act (43 U.S.C. 1601 et seq.), by an In14 dian tribe that is a Native village (as defined in 

15 section 3 of that Act (43 U.S.C. 1602)) or by 

16 a Village Corporation that is associated with 

17 the Indian tribe (as defined in section 3 of that 

18 Act (43 U.S.C. 1602)); 

19 ‘‘(C) any land on which the seat of govern20 ment of the Indian tribe is located; and 

21 ‘‘(D) any land that is part or all of a tribal 

22 designated statistical area associated with the 

23 Indian tribe, or is part or all of an Alaska Na24 tive village statistical area associated with the 

25 tribe, as defined by the Bureau of the Census 


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1 for the purposes of the most recent decennial 

2 census. 

3 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ or 

4 ‘tribe’ means any American Indian or Alaska Native 

5 tribe, band, nation, pueblo, village, or community 

6 that the Secretary of the Interior acknowledges to 

7 exist as a federally recognized Indian tribe under the 

8 Federally Recognized Indian Tribe List Act of 1994 

9 (25 U.S.C. 479a et seq.). 

10 ‘‘(3) VOTING-AGE POPULATION.—The term 

11 ‘voting-age population’ means the numerical size of 

12 the population within a State, within a political sub13 division, or within a political subdivision that con14 tains Indian lands, as the case may be, that consists 

15 of persons age 18 or older, as calculated by the Bu16 reau of the Census under the most recent decennial 

17 census.’’. 

18 SEC. 8010. BILINGUAL ELECTION REQUIREMENTS. 

19 Section 203(c) of the Voting Rights Act of 1965 (52 

20 U.S.C. 10503(c)) is amended by striking ‘‘or in the case 

21 of Alaskan natives and American Indians, if the predomi22 nant language is historically unwritten’’ and inserting ‘‘(as 

23 of the date on which the materials or information is pro24 vided)’’. 


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1 SEC. 8011. REQUIRING DECLARATORY JUDGMENT OR 

2 PRECLEARANCE AS PREREQUISITE FOR MUL3 TIPLE CONGRESSIONAL REDISTRICTING 

4 PLANS ENACTED PURSUANT TO SAME DE5 CENNIAL CENSUS AND APPORTIONMENT OF 

6 REPRESENTATIVES. 

7 (a) DECLARATORY JUDGMENT THAT PLAN DOES

8 NOT DENY OR ABRIDGE RIGHT TO VOTE ON ACCOUNT

9 OF RACE OR COLOR.—Except as provided in subsection 

10 (b), after a State enacts a Congressional redistricting plan 

11 in the manner provided by law after an apportionment of 

12 Representatives under section 22(a) of the Act entitled 

13 ‘‘An Act to provide for the fifteenth and subsequent decen14 nial censuses and to provide for an apportionment of Rep15 resentatives in Congress’’, approved June 18, 1929 (2 

16 U.S.C. 2a), any subsequent Congressional redistricting 

17 plan enacted by the State prior to the next apportionment 

18 of Representatives under such section shall not take effect 

19 unless and until— 

20 (1) the State commences a civil action in the 

21 United States District Court for the District of Co22 lumbia for a declaratory judgment that such subse23 quent plan neither has the purpose nor will have the 

24 effect of denying or abridging the right to vote on 

25 account of race or color, or in contravention of the 


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1 guarantees set forth in section 4(f)(2) of the Voting 

2 Rights Act of 1965 (52 U.S.C. 10303(f)(2)); and 

3 (2) the court enters such a declaratory judg4 ment. 

5 (b) PRECLEARANCE.—A subsequent Congressional 

6 redistricting plan described in subsection (a) may take ef7 fect if— 

8 (1) the chief legal officer or other appropriate 

9 official of the State involved submits the plan to the 

10 Attorney General and the Attorney General has not 

11 interposed an objection within 60 days of such sub12 mission; or 

13 (2) upon good cause shown, to facilitate an ex14 pedited approval within 60 days of such submission, 

15 the Attorney General has affirmatively indicated 

16 that such objection will not be made. 

17 (c) APPLICATION OF VOTING RIGHTS ACT OF

18 1965.—For purposes of the Voting Rights Act of 1965, 

19 a declaratory judgment under subsection (a) or a 

20 preclearance under subsection (b), and the proceedings re21 lated to such judgment or preclearance, shall be treated 

22 as a declaratory judgment or preclearance under section 

23 5 of such Act (52 U.S.C. 10304). 

24 (d) NO EFFECT ON REDISTRICTING PLANS ENACTED

25 PURSUANT TO COURT ORDER.—This section does not 


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1 apply with respect to any subsequent Congressional redis2 tricting plan described in subsection (a) if the plan is en3 acted by a State pursuant to a court order in order to 

4 comply with the Constitution or to enforce the Voting 

5 Rights Act of 1965 (52 U.S.C. 10301 et seq.). 

6 SEC. 8012. OTHER TECHNICAL AND CONFORMING AMEND7 MENTS. 

8 (a) ACTIONS COVERED UNDER SECTION 3.—Section 

9 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 

10 10302(c)) is amended— 

11 (1) by striking ‘‘any proceeding instituted by 

12 the Attorney General or an aggrieved person under 

13 any statute to enforce’’ and inserting ‘‘any action 

14 under any statute in which a party (including the 

15 Attorney General) seeks to enforce’’; and 

16 (2) by striking ‘‘at the time the proceeding was 

17 commenced’’ and inserting ‘‘at the time the action 

18 was commenced’’. 

19 (b) CLARIFICATION OF TREATMENT OF MEMBERS OF

20 LANGUAGE MINORITY GROUPS.—Section 4(f) of such Act 

21 (52 U.S.C. 10303(f)) is amended— 

22 (1) in paragraph (1), by striking the second 

23 sentence; and 

24 (2) by striking paragraphs (3) and (4). 


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1 (c) PERIOD DURING WHICH CHANGES IN VOTING

2 PRACTICES ARE SUBJECT TO PRECLEARANCE UNDER

3 SECTION 5.—Section 5 of such Act (52 U.S.C. 10304) 

4 is amended— 

5 (1) in subsection (a), by striking ‘‘based upon 

6 determinations made under the first sentence of sec7 tion 4(b) are in effect’’ and inserting ‘‘are in effect 

8 during a calendar year’’; 

9 (2) in subsection (a), by striking ‘‘November 1, 

10 1964’’ and all that follows through ‘‘November 1, 

11 1972’’ and inserting ‘‘the applicable date of cov12 erage’’; and 

13 (3) by adding at the end the following new sub14 section: 

15 ‘‘(e) The term ‘applicable date of coverage’ means, 

16 with respect to a State or political subdivision— 

17 ‘‘(1) June 25, 2013, if the most recent deter18 mination for such State or subdivision under section 

19 4(b) was made on or before December 31, 2015; or 

20 ‘‘(2) the date on which the most recent deter21 mination for such State or subdivision under section 

22 4(b) was made, if such determination was made 

23 after December 31, 2015.’’. 


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1 SEC. 8013. TRIBAL VOTING CONSULTATION. 

2 The Attorney General shall consult annually with 

3 tribal organizations regarding issues related to voting for 

4 members of an Indian tribe (as defined under section 21 

5 of the Voting Rights Act of 1965, as added by section 

6 8009 of this Act). 

7 Subtitle B—Promoting Internet 

8 Registration 

9 SEC. 8100. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Voter Registration 

11 Modernization Act of 2018’’. 

12 PART 1—PROMOTING INTERNET REGISTRATION 

13 SEC. 8101. REQUIRING AVAILABILITY OF INTERNET FOR 

14 VOTER REGISTRATION. 

15 (a) REQUIRING AVAILABILITY OF INTERNET FOR

16 REGISTRATION.—The National Voter Registration Act of 

17 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 

18 after section 6 the following new section: 

19 ‘‘SEC. 6A. INTERNET REGISTRATION. 

20 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR

21 ONLINE REGISTRATION.— 

22 ‘‘(1) AVAILABILITY OF ONLINE REGISTRA23 TION.—Each State, acting through the chief State 

24 election official, shall ensure that the following serv25 ices are available to the public at any time on the 

26 official public websites of the appropriate State and 


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1 local election officials in the State, in the same man2 ner and subject to the same terms and conditions as 

3 the services provided by voter registration agencies 

4 under section 7(a): 

5 ‘‘(A) Online application for voter registra6 tion. 

7 ‘‘(B) Online assistance to applicants in ap8 plying to register to vote. 

9 ‘‘(C) Online completion and submission by 

10 applicants of the mail voter registration applica11 tion form prescribed by the Election Assistance 

12 Commission pursuant to section 9(a)(2), includ13 ing assistance with providing a signature in 

14 electronic form as required under subsection 

15 (c). 

16 ‘‘(D) Online receipt of completed voter reg17 istration applications. 

18 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 

19 A State shall accept an online voter registration applica20 tion provided by an individual under this section, and en21 sure that the individual is registered to vote in the State, 

22 if— 

23 ‘‘(1) the individual meets the same voter reg24 istration requirements applicable to individuals who 

25 register to vote by mail in accordance with section 


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1 6(a)(1) using the mail voter registration application 

2 form prescribed by the Election Assistance Commis3 sion pursuant to section 9(a)(2); and 

4 ‘‘(2) the individual provides a signature in elec5 tronic form in accordance with subsection (c) (but 

6 only in the case of applications submitted during or 

7 after the second year in which this section is in ef8 fect in the State). 

9 ‘‘(c) SIGNATURES IN ELECTRONIC FORM.—For pur10 poses of this section, an individual provides a signature 

11 in electronic form by— 

12 ‘‘(1) executing a computerized mark in the sig13 nature field on an online voter registration applica14 tion; or 

15 ‘‘(2) submitting with the application an elec16 tronic copy of the individual’s handwritten signature 

17 through electronic means. 

18 ‘‘(d) CONFIRMATION AND DISPOSITION.— 

19 ‘‘(1) CONFIRMATION OF RECEIPT.—Upon the 

20 online submission of a completed voter registration 

21 application by an individual under this section, the 

22 appropriate State or local election official shall send 

23 the individual a notice confirming the State’s receipt 

24 of the application and providing instructions on how 


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1 the individual may check the status of the applica2 tion. 

3 ‘‘(2) NOTICE OF DISPOSITION.—As soon as the 

4 appropriate State or local election official has ap5 proved or rejected an application submitted by an in6 dividual under this section, the official shall send the 

7 individual a notice of the disposition of the applica8 tion. 

9 ‘‘(3) METHOD OF NOTIFICATION.—The appro10 priate State or local election official shall send the 

11 notices required under this subsection by regular 

12 mail, and, in the case of an individual who has re13 quested that the State provide voter registration and 

14 voting information through electronic mail, by both 

15 electronic mail and regular mail. 

16 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN

17 MANNER.—The services made available under subsection 

18 (a) shall be provided in a manner that ensures that, con19 sistent with section 7(a)(5)— 

20 ‘‘(1) the online application does not seek to in21 fluence an applicant’s political preference or party 

22 registration; and 

23 ‘‘(2) there is no display on the website pro24 moting any political preference or party allegiance, 

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1 strued to prohibit an applicant from registering to 

2 vote as a member of a political party. 

3 ‘‘(f) PROTECTION OF SECURITY OF INFORMATION.— 

4 In meeting the requirements of this section, the State shall 

5 establish appropriate technological security measures to 

6 prevent to the greatest extent practicable any unauthor7 ized access to information provided by individuals using 

8 the services made available under subsection (a). 

9 ‘‘(g) USE OF ADDITIONAL TELEPHONE-BASED SYS10 TEM.—A State shall make the services made available on11 line under subsection (a) available through the use of an 

12 automated telephone-based system, subject to the same 

13 terms and conditions applicable under this section to the 

14 services made available online, in addition to making the 

15 services available online in accordance with the require16 ments of this section. 

17 ‘‘(h) NONDISCRIMINATION AMONG REGISTERED

18 VOTERS USING MAIL AND ONLINE REGISTRATION.—In 

19 carrying out this Act, the Help America Vote Act of 2002, 

20 or any other Federal, State, or local law governing the 

21 treatment of registered voters in the State or the adminis22 tration of elections for public office in the State, a State 

23 shall treat a registered voter who registered to vote online 

24 in accordance with this section in the same manner as the 


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1 State treats a registered voter who registered to vote by 

2 mail.’’. 

3 (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS

4 USING ONLINE REGISTRATION.— 

5 (1) TREATMENT AS INDIVIDUALS REGISTERING

6 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

7 VOTER IDENTIFICATION REQUIREMENTS.—Section 

8 303(b)(1)(A) of the Help America Vote Act of 2002 

9 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 

10 ‘‘by mail’’ and inserting ‘‘by mail or online under 

11 section 6A of the National Voter Registration Act of 

12 1993’’. 

13 (2) REQUIRING SIGNATURE FOR FIRST-TIME

14 VOTERS IN JURISDICTION.—Section 303(b) of such 

15 Act (52 U.S.C. 21083(b)) is amended— 

16 (A) by redesignating paragraph (5) as 

17 paragraph (6); and 

18 (B) by inserting after paragraph (4) the 

19 following new paragraph: 

20 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST21 TIME VOTERS USING ONLINE REGISTRATION.— 

22 ‘‘(A) IN GENERAL.—A State shall, in a 

23 uniform and nondiscriminatory manner, require 

24 an individual to meet the requirements of sub25 paragraph (B) if— 


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1 ‘‘(i) the individual registered to vote 

2 in the State online under section 6A of the 

3 National Voter Registration Act of 1993; 

4 and 

5 ‘‘(ii) the individual has not previously 

6 voted in an election for Federal office in 

7 the State. 

8 ‘‘(B) REQUIREMENTS.—An individual 

9 meets the requirements of this subparagraph 

10 if— 

11 ‘‘(i) in the case of an individual who 

12 votes in person, the individual provides the 

13 appropriate State or local election official 

14 with a handwritten signature; or 

15 ‘‘(ii) in the case of an individual who 

16 votes by mail, the individual submits with 

17 the ballot a handwritten signature. 

18 ‘‘(C) INAPPLICABILITY.—Subparagraph 

19 (A) does not apply in the case of an individual 

20 who is— 

21 ‘‘(i) entitled to vote by absentee ballot 

22 under the Uniformed and Overseas Citi23 zens Absentee Voting Act (52 U.S.C. 

24 20302 et seq.); 


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1 ‘‘(ii) provided the right to vote other2 wise than in person under section 

3 3(b)(2)(B)(ii) of the Voting Accessibility 

4 for the Elderly and Handicapped Act (52 

5 U.S.C. 20102(b)(2)(B)(ii)); or 

6 ‘‘(iii) entitled to vote otherwise than 

7 in person under any other Federal law.’’. 

8 (3) CONFORMING AMENDMENT RELATING TO

9 EFFECTIVE DATE.—Section 303(d)(2)(A) of such 

10 Act (52 U.S.C. 21083(d)(2)(A)) is amended by 

11 striking ‘‘Each State’’ and inserting ‘‘Except as pro12 vided in subsection (b)(5), each State’’. 

13 (c) CONFORMING AMENDMENTS.— 

14 (1) TIMING OF REGISTRATION.—Section 8(a)(1) 

15 of the National Voter Registration Act of 1993 (52 

16 U.S.C. 20507(a)(1)) is amended— 

17 (A) by striking ‘‘and’’ at the end of sub18 paragraph (C); 

19 (B) by redesignating subparagraph (D) as 

20 subparagraph (E); and 

21 (C) by inserting after subparagraph (C) 

22 the following new subparagraph: 

23 ‘‘(D) in the case of online registration 

24 through the official public website of an election 

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1 istration application is submitted online not 

2 later than the lesser of 30 days, or the period 

3 provided by State law, before the date of the 

4 election (as determined by treating the date on 

5 which the application is sent electronically as 

6 the date on which it is submitted); and’’. 

7 (2) INFORMING APPLICANTS OF ELIGIBILITY

8 REQUIREMENTS AND PENALTIES.—Section 8(a)(5) 

9 of such Act (52 U.S.C. 20507(a)(5)) is amended by 

10 striking ‘‘and 7’’ and inserting ‘‘6A, and 7’’. 

11 SEC. 8102. USE OF INTERNET TO UPDATE REGISTRATION 

12 INFORMATION. 

13 (a) IN GENERAL.— 

14 (1) UPDATES TO INFORMATION CONTAINED ON

15 COMPUTERIZED STATEWIDE VOTER REGISTRATION

16 LIST.—Section 303(a) of the Help America Vote Act 

17 of 2002 (52 U.S.C. 21083(a)) is amended by adding 

18 at the end the following new paragraph: 

19 ‘‘(6) USE OF INTERNET BY REGISTERED VOT20 ERS TO UPDATE INFORMATION.— 

21 ‘‘(A) IN GENERAL.—The appropriate State 

22 or local election official shall ensure that any 

23 registered voter on the computerized list may at 

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1 tronic mail address, online through the official 

2 public website of the election official responsible 

3 for the maintenance of the list, so long as the 

4 voter attests to the contents of the update by 

5 providing a signature in electronic form in the 

6 same manner required under section 6A(c) of 

7 the National Voter Registration Act of 1993. 

8 ‘‘(B) PROCESSING OF UPDATED INFORMA9 TION BY ELECTION OFFICIALS.—If a registered 

10 voter updates registration information under 

11 subparagraph (A), the appropriate State or 

12 local election official shall— 

13 ‘‘(i) revise any information on the 

14 computerized list to reflect the update 

15 made by the voter; and 

16 ‘‘(ii) if the updated registration infor17 mation affects the voter’s eligibility to vote 

18 in an election for Federal office, ensure 

19 that the information is processed with re20 spect to the election if the voter updates 

21 the information not later than the lesser of 

22 7 days, or the period provided by State 

23 law, before the date of the election. 

24 ‘‘(C) CONFIRMATION AND DISPOSITION.— 


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1 ‘‘(i) CONFIRMATION OF RECEIPT.— 

2 Upon the online submission of updated 

3 registration information by an individual 

4 under this paragraph, the appropriate 

5 State or local election official shall send 

6 the individual a notice confirming the 

7 State’s receipt of the updated information 

8 and providing instructions on how the indi9 vidual may check the status of the update. 

10 ‘‘(ii) NOTICE OF DISPOSITION.—As 

11 soon as the appropriate State or local elec12 tion official has accepted or rejected up13 dated information submitted by an indi14 vidual under this paragraph, the official 

15 shall send the individual a notice of the 

16 disposition of the update. 

17 ‘‘(iii) METHOD OF NOTIFICATION.— 

18 The appropriate State or local election offi19 cial shall send the notices required under 

20 this subparagraph by regular mail, and, in 

21 the case of an individual who has re22 quested that the State provide voter reg23 istration and voting information through 

24 electronic mail, by both electronic mail and 

25 regular mail.’’. 


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1 (2) CONFORMING AMENDMENT RELATING TO

2 EFFECTIVE DATE.—Section 303(d)(1)(A) of such 

3 Act (52 U.S.C. 21083(d)(1)(A)) is amended by 

4 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub5 paragraph (B) and subsection (a)(6)’’. 

6 (b) ABILITY OF REGISTRANT TO USE ONLINE UP7 DATE TO PROVIDE INFORMATION ON RESIDENCE.—Sec8 tion 8(d)(2)(A) of the National Voter Registration Act of 

9 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— 

10 (1) in the first sentence, by inserting after ‘‘re11 turn the card’’ the following: ‘‘or update the reg12 istrant’s information on the computerized Statewide 

13 voter registration list using the online method pro14 vided under section 303(a)(6) of the Help America 

15 Vote Act of 2002’’; and 

16 (2) in the second sentence, by striking ‘‘re17 turned,’’ and inserting the following: ‘‘returned or if 

18 the registrant does not update the registrant’s infor19 mation on the computerized Statewide voter reg20 istration list using such online method,’’. 


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1 SEC. 8103. PROVISION OF ELECTION INFORMATION BY 

2 ELECTRONIC MAIL TO INDIVIDUALS REG3 ISTERED TO VOTE. 

4 (a) INCLUDING OPTION ON VOTER REGISTRATION

5 APPLICATION TO PROVIDE E-MAIL ADDRESS AND RE6 CEIVE INFORMATION.— 

7 (1) IN GENERAL.—Section 9(b) of the National 

8 Voter Registration Act of 1993 (52 U.S.C. 

9 20508(b)) is amended— 

10 (A) by striking ‘‘and’’ at the end of para11 graph (3); 

12 (B) by striking the period at the end of 

13 paragraph (4) and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

16 ‘‘(5) shall include a space for the applicant to 

17 provide (at the applicant’s option) an electronic mail 

18 address, together with a statement that, if the appli19 cant so requests, instead of using regular mail the 

20 appropriate State and local election officials shall 

21 provide to the applicant, through electronic mail sent 

22 to that address, the same voting information (as de23 fined in section 302(b)(2) of the Help America Vote 

24 Act of 2002) which the officials would provide to the 

25 applicant through regular mail.’’. 


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1 (2) PROHIBITING USE FOR PURPOSES UNRE2 LATED TO OFFICIAL DUTIES OF ELECTION OFFI3 CIALS.—Section 9 of such Act (52 U.S.C. 20508) is 

4 amended by adding at the end the following new 

5 subsection: 

6 ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL AD7 DRESSES FOR OTHER THAN OFFICIAL PURPOSES.—The 

8 chief State election official shall ensure that any electronic 

9 mail address provided by an applicant under subsection 

10 (b)(5) is used only for purposes of carrying out official 

11 duties of election officials and is not transmitted by any 

12 State or local election official (or any agent of such an 

13 official, including a contractor) to any person who does 

14 not require the address to carry out such official duties 

15 and who is not under the direct supervision and control 

16 of a State or local election official.’’. 

17 (b) REQUIRING PROVISION OF INFORMATION BY

18 ELECTION OFFICIALS.—Section 302(b) of the Help Amer19 ica Vote Act of 2002 (52 U.S.C. 21082(b)) is amended 

20 by adding at the end the following new paragraph: 

21 ‘‘(3) PROVISION OF OTHER INFORMATION BY

22 ELECTRONIC MAIL.—If an individual who is a reg23 istered voter has provided the State or local election 

24 official with an electronic mail address for the pur25 pose of receiving voting information (as described in 


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1 section 9(b)(5) of the National Voter Registration 

2 Act of 1993), the appropriate State or local election 

3 official, through electronic mail transmitted not later 

4 than 7 days before the date of the election involved, 

5 shall provide the individual with information on how 

6 to obtain the following information by electronic 

7 means: 

8 ‘‘(A) The name and address of the polling 

9 place at which the individual is assigned to vote 

10 in the election. 

11 ‘‘(B) The hours of operation for the polling 

12 place. 

13 ‘‘(C) A description of any identification or 

14 other information the individual may be re15 quired to present at the polling place.’’. 

16 SEC. 8104. CLARIFICATION OF REQUIREMENT REGARDING 

17 NECESSARY INFORMATION TO SHOW ELIGI18 BILITY TO VOTE. 

19 Section 8 of the National Voter Registration Act of 

20 1993 (52 U.S.C. 20507) is amended— 

21 (1) by redesignating subsection (j) as sub22 section (k); and 

23 (2) by inserting after subsection (i) the fol24 lowing new subsection: 


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1 ‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLI2 CANTS PROVIDING NECESSARY INFORMATION TO SHOW

3 ELIGIBILITY TO VOTE.—For purposes meeting the re4 quirement of subsection (a)(1) that an eligible applicant 

5 is registered to vote in an election for Federal office within 

6 the deadlines required under such subsection, the State 

7 shall consider an applicant to have provided a ‘valid voter 

8 registration form’ if— 

9 ‘‘(1) the applicant has accurately completed the 

10 application form and attested to the statement re11 quired by section 9(b)(2); and 

12 ‘‘(2) in the case of an applicant who registers 

13 to vote online in accordance with section 6A, the ap14 plicant provides a signature in accordance with sub15 section (c) of such section.’’. 

16 SEC. 8105. EFFECTIVE DATE. 

17 (a) IN GENERAL.—Except as provided in subsection 

18 (b), the amendments made by this part (other than the 

19 amendments made by section 8104) shall take effect Jan20 uary 1, 2020. 

21 (b) WAIVER.—Subject to the approval of the Election 

22 Assistance Commission, if a State certifies to the Election 

23 Assistance Commission that the State will not meet the 

24 deadline referred to in subsection (a) because of extraor25 dinary circumstances and includes in the certification the 


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1 reasons for the failure to meet the deadline, subsection 

2 (a) shall apply to the State as if the reference in such 

3 subsection to ‘‘January 1, 2020’’ were a reference to 

4 ‘‘January 1, 2022’’. 

5 PART 2—AUTOMATED REGISTRATION OF 

6 CERTAIN INDIVIDUALS 

7 SEC. 8111. AUTOMATED VOTER REGISTRATION. 

8 (a) COLLECTION OF INFORMATION BY SOURCE

9 AGENCIES.— 

10 (1) DUTIES OF SOURCE AGENCIES.—Each 

11 source agency in a State (as defined in subsection 

12 (e)) shall, with each application for services or as13 sistance by an individual, and with each recertifi14 cation, renewal, or change of address relating to 

15 such services or assistance— 

16 (A) notify each such individual of the sub17 stantive qualifications of an elector in the State, 

18 using language approved by the State’s chief 

19 election official; 

20 (B) notify each such individual that there 

21 is an opportunity to be registered to vote or up22 date voter registration, but that voter registra23 tion is voluntary, and that neither registering 

24 nor declining to register to vote will in any way 


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1 affect the availability of services or benefits, nor 

2 be used for other purposes; 

3 (C) require that each such individual indi4 cate, after considering the substantive qualifica5 tion of an elector in the State, whether or not 

6 the person wishes to be registered; 

7 (D) ensure that each such individual’s 

8 transaction with the agency cannot be com9 pleted until the individual has indicated whether 

10 he or she wishes to register to vote; and 

11 (E) for each such individual who consents 

12 to using the individual’s records with the source 

13 agency to enable the individual to register to 

14 vote under this section, collect a signed affirma15 tion of eligibility to register to vote in the State. 

16 (2) NO EFFECT ON RIGHT TO DECLINE VOTER

17 REGISTRATION.—Nothing in this part shall be con18 strued to interfere with the right of any person to 

19 decline to be registered to vote for any reason. 

20 (b) TRANSFER OF INFORMATION ON INDIVIDUALS

21 CONSENTING TO VOTER REGISTRATION.— 

22 (1) TRANSFER.—For each individual who noti23 fies the source agency that the individual consents to 

24 voter registration under this section, the source 

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1 cial of the State the following data, to the extent the 

2 data is available to the source agency: 

3 (A) The given name or names and sur4 name or surnames. 

5 (B) Date of birth. 

6 (C) Residential address. 

7 (D) Mailing address. 

8 (E) Signature, in electronic form. 

9 (F) Date of the last change to the infor10 mation. 

11 (G) The motor vehicle driver’s license 

12 number. 

13 (H) The last four digits of the Social Secu14 rity number. 

15 (2) TIMING OF TRANSFER.—The source agency 

16 shall transfer the data described in paragraph (1) to 

17 the chief State election official on a daily basis. 

18 (3) FORMAT.—The data transferred under 

19 paragraph (1) shall be transferred in a format com20 patible with the Statewide computerized voter reg21 istration list under section 303 of the Help America 

22 Vote Act of 2002. 

23 (4) PROHIBITING STORAGE OF INFORMATION.— 

24 Any information collected by the source agency 

25 under this section with respect to an individual who 


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1 consents to register to vote under this section may 

2 not be stored by the source agency in any form after 

3 the information is transferred to the chief State elec4 tion official under paragraph (1). 

5 (c) REGISTRATION OF INDIVIDUALS BY CHIEF STATE

6 ELECTION OFFICIAL.— 

7 (1) COMPARISON WITH STATEWIDE VOTER REG8 ISTRATION LIST.—Upon receiving information from 

9 a source agency with respect to an individual under 

10 subsection (b), the chief State election official shall 

11 determine whether the individual is included in the 

12 computerized Statewide voter registration list estab13 lished and maintained under section 303 of the Help 

14 America Vote Act of 2002 (52 U.S.C. 21083). 

15 (2) REGISTRATION OF INDIVIDUALS NOT ON

16 STATEWIDE LIST.—If an individual for whom infor17 mation is received from a source agency under sub18 section (b) is eligible to vote in elections for Federal 

19 office in the State and is not on the computerized 

20 Statewide voter registration list, the chief State elec21 tion official shall— 

22 (A) ensure that the individual is registered 

23 to vote in such elections not later than 5 days 

24 after receiving the information, without regard 

25 to whether or not the information provided by 


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1 the source agency includes the individual’s sig2 nature; 

3 (B) update the Statewide computerized 

4 voter registration list to include the individual; 

5 and 

6 (C) notify the individual that the individual 

7 is registered to vote in elections for Federal of8 fice in the State. 

9 (3) TREATMENT OF INFORMATION INCOR10 RECTLY PROVIDED.—If a source agency provides the 

11 chief State election official with information with re12 spect to an individual who did not consent to be reg13 istered to vote under this section, the chief State 

14 election official shall not take any action to register 

15 the individual to vote, except that no such individual 

16 who is already included on the computerized State17 wide voter registration list shall be removed from the 

18 list solely because the information was incorrectly 

19 provided under subsection (b). 

20 (4) NO EFFECT ON OTHER MEANS OF REG21 ISTRATION.—Nothing in this section affects a 

22 State’s obligation to register voters upon receipt of 

23 a valid voter registration application through means 

24 provided by National Voter Registration Act of 1993 


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1 (52 U.S.C. 20501 et seq.), the internet registration 

2 procedure described in part 1, or other valid means. 

3 (5) INDIVIDUALS IN EXISTING RECORDS.—No 

4 later than January 2021, each individual who is list5 ed in a source agency’s records and for whom there 

6 exists reason to believe the individual is a citizen 

7 and not otherwise ineligible to vote shall be mailed 

8 a postage pre-paid return postcard including a box 

9 for the individual to check, together with the state10 ment (in close proximity to the box and in promi11 nent type), ‘‘By checking this box, I affirm that I 

12 am a citizen of the United States, am eligible to vote 

13 in this State, and will be at least eighteen years old 

14 by the next general election. I understand that by 

15 checking this box, I will be registered to vote if I am 

16 eligible to vote in the State.’’, along with a clear de17 scription of the voting eligibility requirements in the 

18 State. The postcard shall also include, where re19 quired for voter registration, a place for the individ20 ual’s signature and designation of party affiliation. 

21 An individual who checks the box and returns the 

22 completed postcard postmarked not later than the 

23 lesser of the fifteenth day before an election for Fed24 eral office, or the period provided by State law, shall 

25 be registered to vote in that election. 


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1 (d) OPTIONS FOR STATE TO REQUIRE SPECIAL

2 TREATMENT OF INDIVIDUALS REGISTERED AUTOMATI3 CALLY.— 

4 (1) TREATMENT AS INDIVIDUALS REGISTERING

5 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

6 VOTER IDENTIFICATION REQUIREMENTS.—Section 

7 303(b)(1)(A) of the Help America Vote Act of 2002 

8 (52 U.S.C. 21083(b)(1)(A)), as amended by section 

9 8101(b)(1), is amended by striking ‘‘of 1993’’ and 

10 inserting ‘‘of 1993 or (at the option of the State) 

11 was registered automatically under section 8111 of 

12 the Voter Registration Modernization Act of 2018’’. 

13 (2) REQUIRING SIGNATURE.—Section 303(b) of 

14 such Act (52 U.S.C. 21083(b)), as amended by sec15 tion 8101(b)(2), is amended— 

16 (A) by redesignating paragraph (6) as 

17 paragraph (7); and 

18 (B) by inserting after paragraph (5) the 

19 following new paragraph: 

20 ‘‘(5) OPTION FOR STATE TO REQUIRE SIGNA21 TURE REQUIREMENTS FOR FIRST-TIME VOTERS REG22 ISTERED AUTOMATICALLY.— 

23 ‘‘(A) IN GENERAL.—A State may, in a uni24 form and nondiscriminatory manner, require an 


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1 individual to meet the requirements of subpara2 graph (B) if— 

3 ‘‘(i) the individual was registered to 

4 vote in the State automatically under sec5 tion 8111 of the Voter Registration Mod6 ernization Act of 2018; and 

7 ‘‘(ii) the individual has not previously 

8 voted in an election for Federal office in 

9 the State. 

10 ‘‘(B) REQUIREMENTS.—An individual 

11 meets the requirements of this subparagraph 

12 if— 

13 ‘‘(i) in the case of an individual who 

14 votes in person, the individual provides the 

15 appropriate State or local election official 

16 with a handwritten signature; or 

17 ‘‘(ii) in the case of an individual who 

18 votes by mail, the individual submits with 

19 the ballot a handwritten signature. 

20 ‘‘(C) INAPPLICABILITY.—Subparagraph 

21 (A) does not apply in the case of an individual 

22 who is— 

23 ‘‘(i) entitled to vote by absentee ballot 

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1 zens Absentee Voting Act (52 U.S.C. 

2 20302 et seq.); 

3 ‘‘(ii) provided the right to vote other4 wise than in person under section 

5 3(b)(2)(B)(ii) of the Voting Accessibility 

6 for the Elderly and Handicapped Act (52 

7 U.S.C. 20102(b)(2)(B)(ii)); or 

8 ‘‘(iii) entitled to vote otherwise than 

9 in person under any other Federal law.’’. 

10 (3) CONFORMING AMENDMENT RELATING TO

11 EFFECTIVE DATE.—Section 303(d)(2)(A) of such 

12 Act (52 U.S.C. 21083(d)(2)(A)), as amended by sec13 tion 101(b)(3), is amended by striking ‘‘subsection 

14 (b)(5)’’ and inserting ‘‘subsections (b)(5) and 

15 (b)(6)’’. 

16 (e) SOURCE AGENCIES DESCRIBED.— 

17 (1) IN GENERAL.—With respect to any State, a 

18 ‘‘source agency’’ is— 

19 (A) each State office which is described in 

20 paragraph (2); and 

21 (B) each Federal office which is described 

22 in paragraph (3) which is located in the State, 

23 except that such office shall be a source agency 

24 only with respect to individuals who are resi25 dents of the State in which the office is located. 


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1 (2) STATE OFFICES DESCRIBED.— 

2 (A) IN GENERAL.—The State offices de3 scribed in this paragraph are as follows: 

4 (i) The State motor vehicle authority. 

5 (ii) Each office in the State which is 

6 designated as a voter registration agency 

7 in a State pursuant to section 7(a) of the 

8 National Voter Registration Act of 1993 

9 (52 U.S.C. 20506(a)). 

10 (iii) Each State agency that admin11 isters a program providing assistance pur12 suant to pursuant to title III of the Social 

13 Security Act (42 U.S.C. 501 et seq.). 

14 (iv) Each State agency primarily re15 sponsible for maintaining identifying infor16 mation for students enrolled at public sec17 ondary schools in the State, including, 

18 where applicable, the State agency respon19 sible for maintaining the education data 

20 system described in section 6401(e)(2) of 

21 the America COMPETES Act (20 U.S.C. 

22 9871(e)(2)). 

23 (v) In the case of a State in which an 

24 individual disenfranchised by a criminal 

25 conviction may become eligible to vote 


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1 upon completion of criminal sentence or 

2 any part thereof, or upon formal restora3 tion of rights, the State agency responsible 

4 for administering that sentence, or part 

5 thereof, or that restoration of rights. 

6 (vi) In the case of a State in which an 

7 individual disenfranchised by adjudication 

8 of mental incompetence or similar condi9 tion becomes eligible to register to vote 

10 upon the restoration of competence or 

11 similar condition, each State agency re12 sponsible for determining when competence 

13 or a similar condition is met. 

14 (vii) Such other office which may be 

15 designated as a source agency by the chief 

16 State election official of the State. 

17 (B) CRITERIA FOR DESIGNATION OF ADDI18 TIONAL SOURCE AGENCIES.—In designating of19 fices of the State as source agencies for pur20 poses of subparagraph (A)(vii), the chief State 

21 election official shall give priority on the basis 

22 of the following criteria: 

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1 gible to register to vote in elections for 

2 Federal office in the State but who are not 

3 registered to vote in such elections. 

4 (ii) The accuracy of the office’s 

5 records with respect to identifying informa6 tion (including age, citizenship status, and 

7 residency) for individuals receiving services 

8 or assistance from the office. 

9 (iii) The cost-effectiveness of obtain10 ing such identifying information and trans11 mitting the information to the chief State 

12 election official. 

13 (iv) The extent to which the designa14 tion of the office as a voter registration 

15 agency will promote the registration of eli16 gible individuals to vote in elections for 

17 Federal office in the State and the accu18 racy of the State’s Statewide computerized 

19 voter registration list under the Help 

20 America Vote Act of 2002. 

21 (3) FEDERAL OFFICES DESCRIBED.—The Fed22 eral offices described in this paragraph are as fol23 lows: 

24 (A) Armed Forces recruitment offices. 


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1 (B) The United States Immigration and 

2 Customs Enforcement Bureau, but only with 

3 respect to individuals who complete the natu4 ralization process. 

5 (C) The Social Security Administration. 

6 (D) The Administrative Office of the 

7 United States Courts, the Federal Bureau of 

8 Prisons, and the United States Probation Serv9 ice, but only with respect to individuals com10 pleting terms of prison, sentences, probation, or 

11 parole. 

12 (E) The Department of Veterans Affairs, 

13 but only with respect to individuals applying for 

14 or using health care services or services for 

15 homeless individuals. 

16 (F) The Defense Manpower Data Center 

17 of the Department of Defense. 

18 (G) The Indian Health Services of the De19 partment of Health and Human Services. 

20 (H) The Center for Medicare and Medicaid 

21 Services of the Department of Health and 

22 Human Services. 

23 (I) Any other Federal office which des24 ignated by a State (with the consent of the 


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1 President) as a source agency with respect to 

2 the State. 

3 SEC. 8112. LIST MAINTENANCE, PRIVACY, AND SECURITY. 

4 (a) DATABASE MANAGEMENT STANDARDS.— 

5 (1) DATABASE MATCHING STANDARDS.—The 

6 chief State election official of each State shall estab7 lish standards governing the comparison of data on 

8 the Statewide computerized voter registration list 

9 under section 303 of the Help America Vote Act of 

10 2002, the data provided by various source agencies 

11 under section 8111, and relevant data from other 

12 sources, including the specific data elements and 

13 data matching rules to be used for purposes of de14 termining— 

15 (A) whether a data record from any source 

16 agency represents the same individual as a 

17 record in another source agency or on the 

18 Statewide list; 

19 (B) whether a data record from any source 

20 agency represents an individual already reg21 istered to vote in the State; 

22 (C) whether two data records in the State23 wide computerized voter registration list rep24 resent duplicate records for the same individual; 


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1 (D) whether a data record supplied by any 

2 list maintenance source represents an individual 

3 already registered to vote in the State; and 

4 (E) which information will be treated as 

5 more current and reliable when data records 

6 from multiple sources present information for 

7 the same individual. 

8 (2) STANDARDS FOR DETERMINING INELIGI9 BILITY.—The chief State election official of a State 

10 shall establish uniform and non-discriminatory 

11 standards describing the specific conditions under 

12 which an individual will be determined for list main13 tenance purposes to be ineligible to vote in an elec14 tion for Federal office in the State. 

15 (b) PRIVACY AND SECURITY STANDARDS.— 

16 (1) PRIVACY AND SECURITY POLICY.—The chief 

17 State election official of a State shall publish and 

18 enforce a privacy and security policy specifying each 

19 class of users who shall have authorized access to 

20 the computerized Statewide voter registration list, 

21 specifying for each such class the permission and 

22 levels of access to be granted, and setting forth 

23 other safeguards to protect the privacy and security 

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1 mation in the data transfer process under section 

2 8111, the online or telephone interface, the mainte3 nance of the voter registration database, and audit 

4 procedure to track individual access to the system. 

5 (2) NO UNAUTHORIZED ACCESS.—The chief 

6 election official of a State shall establish policies and 

7 enforcement procedures to prevent unauthorized ac8 cess to or use of the computerized Statewide voter 

9 registration list, any list or other information pro10 vided by a source agency under section 8111, or any 

11 maintenance source for the list. Nothing in this 

12 paragraph shall be construed to prohibit access to 

13 information required for official purposes for pur14 poses of voter registration, election administration, 

15 and the enforcement of election laws. 

16 (3) INTER-AGENCY TRANSFERS.— 

17 (A) IN GENERAL.—The chief election offi18 cial of a State shall establish policies and en19 forcement procedures to maintain security dur20 ing inter-agency transfers of information re21 quired or permitted under this subtitle. Each 

22 State agency and third party participating in 

23 such inter-agency transfers of information shall 

24 facilitate and comply with such policies. Noth25 ing in this subparagraph shall prevent a source 


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1 agency under section 8111 from establishing 

2 and enforcing additional security measures to 

3 protect the confidentiality and integrity of 

4 inter-agency data transfers. No State or local 

5 election official shall transfer or facilitate the 

6 transfer of information from the computerized 

7 Statewide voter registration list to any source 

8 agency under section 8111. 

9 (B) TRANSMISSION THROUGH SECURE

10 THIRD PARTIES PERMITTED.—Nothing in this 

11 section shall be construed to prevent a source 

12 agency under section 8111 from contracting 

13 with a third party to assist in the transmission 

14 of data to a chief State election official, so long 

15 as the data transmission complies with the ap16 plicable requirements of this subtitle, including 

17 the privacy and security provisions of this sec18 tion. 

19 (4) RECORDS RETENTION.—The chief State 

20 election official of a State shall establish standards 

21 and procedures to maintain all election records re22 quired for purposes of this subtitle, including for the 

23 purpose of determining the eligibility of persons 

24 casting provisional ballots under section 302 of the 

25 Help America Vote Act of 2002. Records for individVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 uals who have been retained on the computerized 

2 Statewide voter registration list under section 303 of 

3 such Act but identified as ineligible to vote in an 

4 election for Federal office within the State, or re5 moved from the list due to ineligibility, shall be 

6 maintained and kept available until at least the date 

7 of the second general election for Federal office that 

8 occurs after the date that the individual was identi9 fied as ineligible. 

10 (c) PUBLICATION OF STANDARDS.—The chief State 

11 election official of a State shall publish on the official’s 

12 website the standards established under this section, and 

13 shall make those standards available in written form upon 

14 public request. 

15 (d) PROTECTION OF SOURCE INFORMATION.—The 

16 identity of the specific source agency through which an 

17 individual consented to register to vote under section 8111 

18 shall not be disclosed to the public and shall not be re19 tained after the individual is added to the computerized 

20 Statewide voter registration list. 

21 (e) CONFIDENTIALITY OF INFORMATION.—The chief 

22 State election official of a State shall establish policies and 

23 enforcement procedures to ensure that personal informa24 tion provided by source agencies or otherwise transmitted 

25 under this section is kept confidential and is available only 


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1 to authorized users. For purposes of these policies and 

2 procedures, the term ‘‘personal information’’ means any 

3 of the following: 

4 (1) Any portion of an individual’s Social Secu5 rity number. 

6 (2) Any portion of an individual’s motor vehicle 

7 driver’s license number or State identification card 

8 number. 

9 (3) An individual’s signature. 

10 (4) An individual’s personal residence and con11 tact information (in the case of individuals with re12 spect to whom such information is required to be 

13 maintained as confidential under State law). 

14 (5) Sensitive information relating to persons in 

15 categories designated confidential by Federal or 

16 State law, including victims of domestic violence or 

17 stalking, prosecutors and law enforcement personnel, 

18 and participants in a witness protection program. 

19 (6) An individual’s phone number. 

20 (7) An individual’s email address. 

21 (8) Any indication of an individual’s status as 

22 a citizen or noncitizen of the United States. 

23 (9) Such other information as the chief State 

24 election official may designate as confidential to the 

25 extent reasonably necessary to prevent identity theft 


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1 or impersonation, except that the chief State election 

2 official may not designate as confidential under this 

3 subparagraph the name, address, or date of registra4 tion of an individual, or, where applicable, the self5 identified racial or ethnic category of the individual 

6 as applicable under Revisions to OMB Directive 

7 Number 15 or successor directives. 

8 (f) PROTECTIONS AGAINST LIABILITY OF INDIVID9 UALS ON BASIS OF INFORMATION TRANSFERRED.— 

10 (1) NO INDIVIDUAL LIABILITY FOR REGISTRA11 TION OF INELIGIBLE INDIVIDUAL.—If an individual 

12 who is not eligible to register to vote in elections for 

13 Federal office is registered to vote in such elections 

14 by a chief State election official under section 8111, 

15 the individual shall not be subject to any penalty, in16 cluding the imposition of a fine or term of imprison17 ment, adverse treatment in any immigration or nat18 uralization proceeding, or the denial of any status 

19 under immigration laws, under any law prohibiting 

20 an individual who is not eligible to register to vote 

21 in elections for Federal office from registering to 

22 vote in such elections. Nothing in this paragraph 

23 shall be construed to waive the liability of any indi24 vidual who knowingly provides false information to 

25 any person regarding the individual’s eligibility to 


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1 register to vote or vote in elections for Federal of2 fice. 

3 (2) PROHIBITING USE OF INFORMATION BY OF4 FICIALS.—No person acting under color of law may 

5 use the information received by the chief State elec6 tion official under section 8111 to attempt to deter7 mine the citizenship status of any individual for im8 migration enforcement, criminal law enforcement 

9 (other than enforcement of election laws), or any 

10 purpose other than voter registration, election ad11 ministration, or the enforcement of election laws. 

12 (g) PROHIBITION ON TRANSFER OF INFORMATION

13 IRRELEVANT TO ADMINISTRATION OF ELECTIONS.—No 

14 source agency shall transmit any information under sec15 tion 8111 which is irrelevant to the administration of elec16 tions. To the extent that an election official receives any 

17 information which is accidentally or inadvertently trans18 ferred by a source agency under such section, the official 

19 shall immediately delete the information from the official’s 

20 records. 

21 (h) RESTRICTION ON USE OF INFORMATION.—No in22 formation relating to an individual’s absence from the 

23 Statewide voter registration list under section 303 of the 

24 Help America Vote Act of 2002 or an individual’s declina25 tion to supply information for voter registration purposes 


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1 to a source agency under section 8111 may be disclosed 

2 to the public for immigration enforcement, criminal law 

3 enforcement other than enforcement of laws against elec4 tion crimes, or used for any purpose other than voter reg5 istration, election administration, or the enforcement of 

6 election laws. 

7 (i) NONDISCRIMINATION.—No person acting under 

8 color of law may discriminate against any individual on 

9 the basis of the individual’s absence from the statewide 

10 voter registration list, the information supplied by the in11 dividual for voter registration purpose to a source agency 

12 under section 8111, or the individual’s declination to sup13 ply such information, except as required for purposes of 

14 voter registration, election administration, and the en15 forcement of election laws. 

16 (j) PROHIBITION ON THE USE OF VOTER REGISTRA17 TION INFORMATION FOR COMMERCIAL OR NONGOVERN18 MENTAL PURPOSES.—Voter registration information col19 lected under this subtitle shall not be used for commercial 

20 purposes including for comparison with any existing com21 mercial list or database. 

22 (k) PENALTY.—Whoever knowingly uses information 

23 or permits information to be used in violation of this sec24 tion shall be imprisoned for not more than 1 year, fined 

25 under title 18, United States Code, or both. 


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1 (l) EXCLUSION FROM LISTS OF INDIVIDUALS DE2 CLINING REGISTRATION.—The chief State election official 

3 of a State shall ensure that, with respect to any individual 

4 who declines the opportunity to register to vote under sec5 tion 8111, the individual’s information is not included on 

6 the computerized Statewide voter registration list under 

7 section 303 of the Help America Vote Act of 2002 and 

8 is not provided to any third party (except to the extent 

9 required under other law). Nothing in this subsection shall 

10 be construed to preclude an individual who has previously 

11 declined the opportunity to register to vote from subse12 quently registering to vote. 

13 (m) ASSISTANCE TO STATES FOR CARRYING OUT

14 LIST SECURITY, MAINTENANCE, AND PRIVACY REQUIRE15 MENTS.— 

16 (1) AUTHORIZATION OF FUNDING.—Section 

17 257(a) of the Help America Vote Act of 2002 (52 

18 U.S.C. 21007(a)) is amended by adding at the end 

19 the following new paragraph: 

20 ‘‘(5) For fiscal year 2020, such sums as may be 

21 necessary for such payments, except that a State 

22 may use a requirement payment made with funds 

23 authorized under this paragraph solely to upgrade 

24 the security of the State’s voter registration lists and 

25 voter registration processes and to carry out other 


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1 activities necessary to meet the requirements of sec2 tion 303(a)(3) (relating to the technological security 

3 of the State’s computerized voter registration list) 

4 and the requirements of the Voter Registration Mod5 ernization Act of 2018.’’. 

6 (2) WAIVER OF 5 PERCENT MATCH REQUIRE7 MENT.—Section 253(b)(5) of such Act (52 U.S.C. 

8 21003(b)(5)) is amended— 

9 (A) in subparagraph (A), by striking ‘‘sub10 paragraph (B)’’ and inserting ‘‘subparagraphs 

11 (B) and (C)’’; and 

12 (B) by adding at the end the following new 

13 subparagraph: 

14 ‘‘(C) Subparagraph (A) shall not apply for pur15 poses of determining the eligibility of a State to re16 ceive a requirements payment appropriated pursuant 

17 to the authorization provided under section 

18 257(a)(5) for fiscal year 2020.’’. 

19 SEC. 8113. PROMOTING ACCURACY OF STATEWIDE VOTER 

20 REGISTRATION LISTS. 

21 (a) DEADLINES FOR TRANSMITTAL OF CHANGE OF

22 ADDRESS OR OTHER IDENTIFYING INFORMATION.— 

23 (1) INFORMATION RECEIVED BY STATE MOTOR

24 VEHICLE AUTHORITY.—Section 5(d) of the National 


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1 Voter Registration Act of 1993 (52 U.S.C. 

2 20504(d)) is amended to read as follows: 

3 ‘‘(d) AUTOMATIC TRANSMITTAL OF CHANGE OF AD4 DRESS OR OTHER IDENTIFYING INFORMATION.—Not 

5 later than 24 hours after receiving a change of address 

6 form or any other information indicating that identifying 

7 information with respect to an individual which is included 

8 in the records of the State motor vehicle authority has 

9 been changed, the State motor vehicle authority shall 

10 transmit such form or other information to the chief State 

11 election official, unless— 

12 ‘‘(1) the records of the authority include infor13 mation indicating that the individual is not eligible 

14 to register to vote in the State; or 

15 ‘‘(2) the individual States on the form or other16 wise indicates that the change of address or other 

17 information is not for voter registration purposes.’’. 

18 (2) INFORMATION RECEIVED BY OTHER VOTER

19 REGISTRATION AGENCIES.—Section 7 of such Act 

20 (52 U.S.C. 20506) is amended by adding at the end 

21 the following new subsection: 

22 ‘‘(e) AUTOMATIC TRANSMITTAL OF CHANGE OF AD23 DRESS OR OTHER IDENTIFYING INFORMATION.—Not 

24 later than 24 hours after receiving a change of address 

25 form or any other information indicating that identifying 


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1 information with respect to an individual which is included 

2 in the records of a voter registration agency designated 

3 under this section has been changed, the appropriate offi4 cial of such agency shall transmit such form or other in5 formation to the chief State election official, unless— 

6 ‘‘(1) the records of the agency include informa7 tion indicating that the individual is not eligible to 

8 register to vote in the State; or 

9 ‘‘(2) the individual States on the form or other10 wise indicates that the change of address or other 

11 information is not for voter registration purposes.’’. 

12 (3) INFORMATION RECEIVED FROM SOURCE

13 AGENCIES.—Not later than 24 hours after receiving 

14 a change of address form or any other information 

15 indicating that identifying information with respect 

16 to an individual which is included in the records of 

17 a source agency designated under section 8111 has 

18 been changed, the appropriate official of such agency 

19 shall transmit such form or other information to the 

20 chief State election official, unless— 

21 (A) the records of the agency include infor22 mation indicating that the individual is not eli23 gible to register to vote in the State; or 

24 (B) the individual States on the form or 

25 otherwise indicates that the change of address 


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1 or other information is not for voter registra2 tion purposes. 

3 (b) REVISION OF STATEWIDE COMPUTERIZED LIST

4 TO REFLECT REVISED INFORMATION.—Section 303(a) of 

5 the Help America Vote Act of 2002 (52 U.S.C. 21083(a)), 

6 as amended by section 102(a), is amended by adding at 

7 the end the following new paragraph: 

8 ‘‘(7) REVISION OF LIST TO REFLECT INFORMA9 TION RECEIVED FROM OTHER STATE OFFICES.— 

10 ‘‘(A) IN GENERAL.—If a State motor vehi11 cle authority (pursuant to section 5(d) of the 

12 National Voter Registration Act of 1993) a 

13 voter registration agency (designated under sec14 tion 7 of such Act), or a source agency (des15 ignated under section 8111 of the Voter Reg16 istration Modernization Act of 2018) transmits 

17 to the chief State election official a change of 

18 address form or any other information indi19 cating that identifying information with respect 

20 to an individual has been changed, the appro21 priate State or local election official shall— 

22 ‘‘(i) determine whether the individual 

23 appears on the computerized list estab24 lished under this section; and 


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1 ‘‘(ii) if the individual appears on the 

2 list, revise the information relating to the 

3 individual on the list to reflect the individ4 ual’s new address or other changed identi5 fying information. 

6 ‘‘(B) NOTIFICATION TO VOTERS.—If an 

7 election official revises any voter registration in8 formation on the computerized list with respect 

9 to any voter (including removing the voter from 

10 the list), immediately after revising the infor11 mation, the official shall send the individual a 

12 written notice of the revision which includes the 

13 following information: 

14 ‘‘(i) The voter’s name, date of birth, 

15 and address, as reflected in the revised in16 formation on the computerized list. 

17 ‘‘(ii) A statement that the voter’s 

18 voter registration information has been up19 dated. 

20 ‘‘(iii) Information on how to correct 

21 information on the computerized list. 

22 ‘‘(iv) A statement of the eligibility re23 quirements for registered voters in the 

24 State. 


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1 ‘‘(v) A statement (in larger font size 

2 than the other statements on the notice) 

3 that it is illegal for an individual who does 

4 not meet the eligibility requirements for 

5 registered voters in the State to vote in an 

6 election in the State. 

7 ‘‘(vi) A statement that the voter may 

8 terminate the voter’s status as a registered 

9 voter in the State, or request a change in 

10 the voter’s voter registration information, 

11 at any time by contacting the appropriate 

12 State or local election official, together 

13 with contact information for such official 

14 (including any website through which the 

15 voter may contact the official or obtain in16 formation on voter registration in the 

17 State). 

18 ‘‘(C) USE OF ELECTRONIC MAIL.—If an 

19 election official has an electronic mail address 

20 for any voter to whom the official is required to 

21 send a written notice under this paragraph, the 

22 official may meet the requirements of this para23 graph by sending the notice to the voter in elec24 tronic form at that address, but only if prior to 

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1 tronic mail to the voter at that address and re2 ceives confirmation that the address is current 

3 and valid.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply with respect to elections occurring 

6 during 2020 or any succeeding year. 

7 SEC. 8114. DEFINITIONS. 

8 (a) CHIEF STATE ELECTION OFFICIAL.—In this 

9 part, the ‘‘chief State election official’’ means, with respect 

10 to a State, the individual designated by the State under 

11 section 10 of the National Voter Registration Act of 1993 

12 (52 U.S.C. 20509) to be responsible for coordination of 

13 the State’s responsibilities under such Act. 

14 (b) STATE.—In this part, a ‘‘State’’ includes the Dis15 trict of Columbia, the Commonwealth of Puerto Rico, the 

16 United States Virgin Islands, Guam, American Samoa, 

17 and the Commonwealth of the Northern Mariana Islands, 

18 but does not include any State in which, under a State 

19 law in effect continuously on and after the date of the 

20 enactment of this Act, there is no voter registration re21 quirement for individuals in the State with respect to elec22 tions for Federal office. 

23 SEC. 8115. EFFECTIVE DATE. 

24 This part and the amendments made by this part 

25 shall apply with respect to the regularly scheduled general 


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1 election for Federal office held in November 2020 and 

2 each succeeding election for Federal office. 

3 PART 3—OTHER INITIATIVES TO PROMOTE 

4 VOTER REGISTRATION 

5 SEC. 8121. SAME DAY REGISTRATION. 

6 (a) IN GENERAL.—Title III of the Help America 

7 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended— 

8 (1) by redesignating sections 304 and 305 as 

9 sections 305 and 306; and 

10 (2) by inserting after section 303 the following 

11 new section: 

12 ‘‘SEC. 304. SAME DAY REGISTRATION. 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) REGISTRATION.—Notwithstanding section 

15 8(a)(1)(D) of the National Voter Registration Act of 

16 1993 (52 U.S.C. 20507(a)(1)(D)), each State shall 

17 permit any eligible individual on the day of a Fed18 eral election and on any day when voting, including 

19 early voting, is permitted for a Federal election— 

20 ‘‘(A) to register to vote in such election at 

21 the polling place using a form that meets the 

22 requirements under section 9(b) of the National 

23 Voter Registration Act of 1993 (or, if the indi24 vidual is already registered to vote, to revise 


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1 any of the individual’s voter registration infor2 mation); and 

3 ‘‘(B) to cast a vote in such election. 

4 ‘‘(2) EXCEPTION.—The requirements under 

5 paragraph (1) shall not apply to a State in which, 

6 under a State law in effect continuously on and after 

7 the date of the enactment of this section, there is no 

8 voter registration requirement for individuals in the 

9 State with respect to elections for Federal office. 

10 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 

11 section, the term ‘eligible individual’ means, with respect 

12 to any election for Federal office, an individual who is oth13 erwise qualified to vote in that election. 

14 ‘‘(c) EFFECTIVE DATE.—Each State shall be re15 quired to comply with the requirements of subsection (a) 

16 for the regularly scheduled general election for Federal of17 fice occurring in November 2020 and for any subsequent 

18 election for Federal office.’’. 

19 (b) CONFORMING AMENDMENT RELATING TO EN20 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

21 is amended by striking ‘‘sections 301, 302, and 303’’ and 

22 inserting ‘‘subtitle A of title III’’. 

23 (c) CLERICAL AMENDMENT.—The table of contents 

24 of such Act is amended— 


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1 (1) by redesignating the items relating to sec2 tions 304 and 305 as relating to sections 305 and 

3 306; and 

4 (2) by inserting after the item relating to sec5 tion 303 the following new item: 

‘‘Sec. 304. Same day registration.’’. 

6 SEC. 8122. ACCEPTANCE OF VOTER REGISTRATION APPLI7 CATIONS FROM INDIVIDUALS UNDER 18 

8 YEARS OF AGE. 

9 (a) ACCEPTANCE OF APPLICATIONS.—Section 8 of 

10 the National Voter Registration Act of 1993 (52 U.S.C. 

11 20507), as amended by section 8104, is amended— 

12 (1) by redesignating subsection (k) as sub13 section (l); and 

14 (2) by inserting after subsection (j) the fol15 lowing new subsection: 

16 ‘‘(k) ACCEPTANCE OF APPLICATIONS FROM INDIVID17 UALS UNDER 18 YEARS OF AGE.— 

18 ‘‘(1) IN GENERAL.—A State may not refuse to 

19 accept or process an individual’s application to reg20 ister to vote in elections for Federal office on the 

21 grounds that the individual is under 18 years of age 

22 at the time the individual submits the application, so 

23 long as the individual is at least 16 years of age at 

24 such time. 


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1 ‘‘(2) NO EFFECT ON STATE VOTING AGE RE2 QUIREMENTS.—Nothing in paragraph (1) may be 

3 construed to require a State to permit an individual 

4 who is under 18 years of age at the time of an elec5 tion for Federal office to vote in the election.’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall apply with respect to elections occur8 ring on or after January 1, 2020. 

9 SEC. 8123. ANNUAL REPORTS ON VOTER REGISTRATION 

10 STATISTICS. 

11 (a) ANNUAL REPORT.—Not later than 90 days after 

12 the end of each year, each State shall submit to the Elec13 tion Assistance Commission and Congress a report con14 taining the following categories of information for the 

15 year: 

16 (1) The number of individuals who were reg17 istered under section 8111. 

18 (2) The number of voter registration applica19 tion forms completed by individuals that were trans20 mitted by motor vehicle authorities in the State 

21 (pursuant to section 5(d) of the National Voter Reg22 istration Act of 1993) and voter registration agen23 cies in the State (as designated under section 7 of 

24 such Act) to the chief State election official of the 


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1 State, broken down by each such authority and 

2 agency. 

3 (3) The number of such individuals whose voter 

4 registration application forms were accepted and 

5 who were registered to vote in the State and the 

6 number of such individuals whose forms were re7 jected and who were not registered to vote in the 

8 State, broken down by each such authority and 

9 agency. 

10 (4) The number of change of address forms and 

11 other forms of information indicating that an indi12 vidual’s identifying information has been changed 

13 that were transmitted by such motor vehicle authori14 ties and voter registration agencies to the chief State 

15 election official of the State, broken down by each 

16 such authority and agency and the type of form 

17 transmitted. 

18 (5) The number of individuals on the Statewide 

19 computerized voter registration list (as established 

20 and maintained under section 303 of the Help 

21 America Vote Act of 2002) whose voter registration 

22 information was revised by the chief State election 

23 official as a result of the forms transmitted to the 

24 official by such motor vehicle authorities and voter 

25 registration agencies (as described in paragraph 


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1 (3)), broken down by each such authority and agen2 cy and the type of form transmitted. 

3 (6) The number of individuals who requested 

4 the chief State election official to revise voter reg5 istration information on such list, and the number of 

6 individuals whose information was revised as a result 

7 of such a request. 

8 (b) BREAKDOWN OF INFORMATION BY RACE OF IN9 DIVIDUALS.—In preparing the report under this section, 

10 the State shall, for each category of information described 

11 in subsection (a), include a breakdown by race of the indi12 viduals whose information is included in the category, to 

13 the extent that information on the race of such individuals 

14 is available to the State. 

15 (c) CONFIDENTIALITY OF INFORMATION.—In pre16 paring and submitting a report under this section, the 

17 chief State election official shall ensure that no informa18 tion regarding the identification of any individual is re19 vealed. 

20 (d) STATE DEFINED.—In this section, a ‘‘State’’ in21 cludes the District of Columbia, the Commonwealth of 

22 Puerto Rico, the United States Virgin Islands, Guam, 

23 American Samoa, and the Commonwealth of the Northern 

24 Mariana Islands, but does not include any State in which, 

25 under a State law in effect continuously on and after the 


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1 date of the enactment of this Act, there is no voter reg2 istration requirement for individuals in the State with re3 spect to elections for Federal office. 

4 PART 4—AVAILABILITY OF HAVA REQUIREMENTS 

5 PAYMENTS 

6 SEC. 8131. AVAILABILITY OF REQUIREMENTS PAYMENTS 

7 UNDER HAVA TO COVER COSTS OF COMPLI8 ANCE WITH NEW REQUIREMENTS. 

9 (a) IN GENERAL.—Section 251(b) of the Help Amer10 ica Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— 

11 (1) in paragraph (1), by striking ‘‘(2) and (3)’’ 

12 and inserting ‘‘(2), (3), and (4)’’; and 

13 (2) by adding at the end the following new 

14 paragraph: 

15 ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI16 TIES.—A State may use a requirements payment to 

17 carry out any of the requirements of the Voter Reg18 istration Modernization Act of 2018, including the 

19 requirements of the National Voter Registration Act 

20 of 1993 which are imposed pursuant to the amend21 ments made to such Act by the Voter Registration 

22 Modernization Act of 2018.’’. 

23 (b) CONFORMING AMENDMENT.—Section 254(a)(1) 

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1 ing ‘‘section 251(a)(2)’’ and inserting ‘‘section 

2 251(b)(2)’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply with respect to fiscal year 2020 

5 and each succeeding fiscal year. 

6 PART 5—PROHIBITING INTERFERENCE WITH 

7 VOTER REGISTRATION 

8 SEC. 8141. PROHIBITING HINDERING, INTERFERING WITH, 

9 OR PREVENTING VOTER REGISTRATION. 

10 (a) IN GENERAL.—Chapter 29 of title 18, United 

11 States Code is amended by adding at the end the following 

12 new section: 

13 ‘‘§ 612. Hindering, interfering with, or preventing 

14 registering to vote 

15 ‘‘(a) PROHIBITION.—It shall be unlawful for any per16 son, whether acting under color of law or otherwise, to 

17 corruptly hinder, interfere with, or prevent another person 

18 from registering to vote or aiding another person in reg19 istering to vote in any election for Federal office. 

20 ‘‘(b) ATTEMPT.—Any person who attempts to commit 

21 any offense described in subsection (a) shall be subject to 

22 the same penalties as those prescribed for the offense that 

23 the person attempted to commit. 


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1 ‘‘(c) PENALTY.—Any person who violates subsection 

2 (a) shall be fined under this title, imprisoned not more 

3 than 5 years, or both. 

4 ‘‘(d) ELECTION FOR FEDERAL OFFICE DEFINED.— 

5 For purposes of this section, the term ‘election for Federal 

6 office’ means a general, special, primary, or runoff election 

7 held to nominate or elect a candidate for the office of 

8 President or Vice President, presidential elector, or of 

9 Senator or Representative in, or Delegate or Resident 

10 Commissioner to, the Congress.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 for chapter 29 of title 18, United States Code is amended 

13 by adding at the end the following new item: 

‘‘612. Hindering, interfering with, or preventing registering to vote.’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply with respect to elections held on 

16 or after the date of the enactment of this Act, except that 

17 no person may be found to have violated section 612 of 

18 title 18, United States Code (as added by subsection (a)), 

19 on the basis of any act occurring prior to the date of the 

20 enactment of this Act. 

21 SEC. 8142. ESTABLISHMENT OF BEST PRACTICES. 

22 (a) BEST PRACTICES.—Not later than 180 days after 

23 the date of the enactment of this Act, the Election Assist24 ance Commission shall develop and publish recommenda25 tions for best practices for States to use to deter and preVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 vent violations of section 612 of title 18, United States 

2 Code (as added by section 8141), and section 12 of the 

3 National Voter Registration Act of 1993 (52 U.S.C. 

4 20511) (relating to the unlawful interference with reg5 istering to vote, or voting, or attempting to register to vote 

6 or vote), including practices to provide for the posting of 

7 relevant information at polling places and voter registra8 tion agencies under such Act, the training of poll workers 

9 and election officials, and relevant educational materials. 

10 For purposes of this subsection, the term ‘‘State’’ includes 

11 the District of Columbia, the Commonwealth of Puerto 

12 Rico, Guam, American Samoa, the United States Virgin 

13 Islands, and the Commonwealth of the Northern Mariana 

14 Islands. 

15 (b) INCLUSION IN VOTER INFORMATION REQUIRE16 MENTS.—Section 302(b)(2) of the Help America Vote Act 

17 of 2002 (52 U.S.C. 21082(b)(2)) is amended— 

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (E); 

20 (2) by striking the period at the end of sub21 paragraph (F) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new sub23 paragraph: 

24 ‘‘(G) information relating to the prohibi25 tions of section 612 of title 18, United States 


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1 Code, and section 12 of the National Voter 

2 Registration Act of 1993 (52 U.S.C. 20511) 

3 (relating to the unlawful interference with reg4 istering to vote, or voting, or attempting to reg5 ister to vote or vote), including information on 

6 how individuals may report allegations of viola7 tions of such prohibitions.’’. 

8 Subtitle C—Access to Voting for 

9 Individuals With Disabilities 

10 SEC. 8201. REQUIREMENTS FOR STATES TO PROMOTE AC11 CESS TO VOTER REGISTRATION AND VOTING 

12 FOR INDIVIDUALS WITH DISABILITIES. 

13 (a) REQUIREMENTS.—Subtitle A of title III of the 

14 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

15 as amended by section 8121, is amended— 

16 (1) by redesignating sections 305 and 306 as 

17 sections 306 and 307; and 

18 (2) by inserting after section 304 the following 

19 new section: 

20 ‘‘SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING 

21 FOR INDIVIDUALS WITH DISABILITIES. 

22 ‘‘(a) TREATMENT OF APPLICATIONS AND BAL23 LOTS.—Each State shall— 


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1 ‘‘(1) permit individuals with disabilities to use 

2 absentee registration procedures and to vote by ab3 sentee ballot in elections for Federal office; 

4 ‘‘(2) accept and process, with respect to any 

5 election for Federal office, any otherwise valid voter 

6 registration application and absentee ballot applica7 tion from an individual with a disability if the appli8 cation is received by the appropriate State election 

9 official not less than 30 days before the election; 

10 ‘‘(3) in addition to any other method of reg11 istering to vote or applying for an absentee ballot in 

12 the State, establish procedures— 

13 ‘‘(A) for individuals with disabilities to re14 quest by mail and electronically voter registra15 tion applications and absentee ballot applica16 tions with respect to elections for Federal office 

17 in accordance with subsection (c); 

18 ‘‘(B) for States to send by mail and elec19 tronically (in accordance with the preferred 

20 method of transmission designated by the indi21 vidual under subparagraph (C)) voter registra22 tion applications and absentee ballot applica23 tions requested under subparagraph (A) in ac24 cordance with subsection (c); and 


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1 ‘‘(C) by which such an individual can des2 ignate whether the individual prefers that such 

3 voter registration application or absentee ballot 

4 application be transmitted by mail or electroni5 cally; 

6 ‘‘(4) in addition to any other method of trans7 mitting blank absentee ballots in the State, establish 

8 procedures for transmitting by mail and electroni9 cally blank absentee ballots to individuals with dis10 abilities with respect to elections for Federal office 

11 in accordance with subsection (d); 

12 ‘‘(5) transmit a validly requested absentee bal13 lot to an individual with a disability— 

14 ‘‘(A) except as provided in subsection (e), 

15 in the case in which the request is received at 

16 least 45 days before an election for Federal of17 fice, not later than 45 days before the election; 

18 and 

19 ‘‘(B) in the case in which the request is re20 ceived less than 45 days before an election for 

21 Federal office— 

22 ‘‘(i) in accordance with State law; and 

23 ‘‘(ii) if practicable and as determined 

24 appropriate by the State, in a manner that 


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1 expedites the transmission of such absen2 tee ballot; and 

3 ‘‘(6) if the State declares or otherwise holds a 

4 runoff election for Federal office, establish a written 

5 plan that provides absentee ballots are made avail6 able to individuals with disabilities in a manner that 

7 gives them sufficient time to vote in the runoff elec8 tion. 

9 ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO

10 PROVIDE INFORMATION ON REGISTRATION AND ABSEN11 TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS

12 IN STATE.—Each State shall designate a single office 

13 which shall be responsible for providing information re14 garding voter registration procedures and absentee ballot 

15 procedures to be used by individuals with disabilities with 

16 respect to elections for Federal office to all individuals 

17 with disabilities who wish to register to vote or vote in 

18 any jurisdiction in the State. 

19 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM20 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO

21 REQUEST AND FOR STATES TO SEND VOTER REGISTRA22 TION APPLICATIONS AND ABSENTEE BALLOT APPLICA23 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING

24 INFORMATION.— 


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1 ‘‘(1) IN GENERAL.—Each State shall, in addi2 tion to the designation of a single State office under 

3 subsection (b), designate not less than 1 means of 

4 electronic communication— 

5 ‘‘(A) for use by individuals with disabilities 

6 who wish to register to vote or vote in any ju7 risdiction in the State to request voter registra8 tion applications and absentee ballot applica9 tions under subsection (a)(3); 

10 ‘‘(B) for use by States to send voter reg11 istration applications and absentee ballot appli12 cations requested under such subsection; and 

13 ‘‘(C) for the purpose of providing related 

14 voting, balloting, and election information to in15 dividuals with disabilities. 

16 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

17 MULTIPLE MEANS OF ELECTRONIC COMMUNICA18 TION.—A State may, in addition to the means of 

19 electronic communication so designated, provide 

20 multiple means of electronic communication to indi21 viduals with disabilities, including a means of elec22 tronic communication for the appropriate jurisdic23 tion of the State. 

24 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

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1 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC2 COMPANY BALLOTING MATERIALS.—Each State shall 

3 include a means of electronic communication so des4 ignated with all informational and instructional ma5 terials that accompany balloting materials sent by 

6 the State to individuals with disabilities. 

7 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI8 CATED.—In the case where an individual with a dis9 ability does not designate a preference under sub10 section (a)(3)(C), the State shall transmit the voter 

11 registration application or absentee ballot application 

12 by any delivery method allowable in accordance with 

13 applicable State law, or if there is no applicable 

14 State law, by mail. 

15 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS

16 BY MAIL AND ELECTRONICALLY.— 

17 ‘‘(1) IN GENERAL.—Each State shall establish 

18 procedures— 

19 ‘‘(A) to transmit blank absentee ballots by 

20 mail and electronically (in accordance with the 

21 preferred method of transmission designated by 

22 the individual with a disability under subpara23 graph (B)) to individuals with disabilities for an 

24 election for Federal office; and 


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1 ‘‘(B) by which the individual with a dis2 ability can designate whether the individual pre3 fers that such blank absentee ballot be trans4 mitted by mail or electronically. 

5 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI6 CATED.—In the case where an individual with a dis7 ability does not designate a preference under para8 graph (1)(B), the State shall transmit the ballot by 

9 any delivery method allowable in accordance with ap10 plicable State law, or if there is no applicable State 

11 law, by mail. 

12 ‘‘(e) HARDSHIP EXEMPTION.— 

13 ‘‘(1) IN GENERAL.—If the chief State election 

14 official determines that the State is unable to meet 

15 the requirement under subsection (a)(5)(A) with re16 spect to an election for Federal office due to an 

17 undue hardship described in paragraph (2)(B), the 

18 chief State election official shall request that the At19 torney General grant a waiver to the State of the 

20 application of such subsection. Such request shall in21 clude— 

22 ‘‘(A) a recognition that the purpose of 

23 such subsection is to individuals with disabil24 ities enough time to vote in an election for Fed25 eral office; 


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1 ‘‘(B) an explanation of the hardship that 

2 indicates why the State is unable to transmit 

3 such individuals an absentee ballot in accord4 ance with such subsection; 

5 ‘‘(C) the number of days prior to the elec6 tion for Federal office that the State requires 

7 absentee ballots be transmitted to such individ8 uals; and 

9 ‘‘(D) a comprehensive plan to ensure that 

10 such individuals are able to receive absentee 

11 ballots which they have requested and submit 

12 marked absentee ballots to the appropriate 

13 State election official in time to have that ballot 

14 counted in the election for Federal office, which 

15 includes— 

16 ‘‘(i) the steps the State will undertake 

17 to ensure that such individuals have time 

18 to receive, mark, and submit their ballots 

19 in time to have those ballots counted in the 

20 election; 

21 ‘‘(ii) why the plan provides such indi22 viduals sufficient time to vote as a sub23 stitute for the requirements under such 

24 subsection; and 


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1 ‘‘(iii) the underlying factual informa2 tion which explains how the plan provides 

3 such sufficient time to vote as a substitute 

4 for such requirements. 

5 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The 

6 Attorney General shall approve a waiver request 

7 under paragraph (1) if the Attorney General deter8 mines each of the following requirements are met: 

9 ‘‘(A) The comprehensive plan under sub10 paragraph (D) of such paragraph provides indi11 viduals with disabilities sufficient time to re12 ceive absentee ballots they have requested and 

13 submit marked absentee ballots to the appro14 priate State election official in time to have that 

15 ballot counted in the election for Federal office. 

16 ‘‘(B) One or more of the following issues 

17 creates an undue hardship for the State: 

18 ‘‘(i) The State’s primary election date 

19 prohibits the State from complying with 

20 subsection (a)(5)(A). 

21 ‘‘(ii) The State has suffered a delay in 

22 generating ballots due to a legal contest. 

23 ‘‘(iii) The State Constitution prohibits 

24 the State from complying with such sub25 section. 


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1 ‘‘(3) TIMING OF WAIVER.— 

2 ‘‘(A) IN GENERAL.—Except as provided 

3 under subparagraph (B), a State that requests 

4 a waiver under paragraph (1) shall submit to 

5 the Attorney General the written waiver request 

6 not later than 90 days before the election for 

7 Federal office with respect to which the request 

8 is submitted. The Attorney General shall ap9 prove or deny the waiver request not later than 

10 65 days before such election. 

11 ‘‘(B) EXCEPTION.—If a State requests a 

12 waiver under paragraph (1) as the result of an 

13 undue hardship described in paragraph 

14 (2)(B)(ii), the State shall submit to the Attor15 ney General the written waiver request as soon 

16 as practicable. The Attorney General shall ap17 prove or deny the waiver request not later than 

18 5 business days after the date on which the re19 quest is received. 

20 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap21 proved under paragraph (2) shall only apply with re22 spect to the election for Federal office for which the 

23 request was submitted. For each subsequent election 

24 for Federal office, the Attorney General shall only 

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1 quest under paragraph (1) with respect to such elec2 tion. 

3 ‘‘(f) INDIVIDUAL WITH A DISABILITY DEFINED.—In 

4 this section, an ‘individual with a disability’ means an in5 dividual with an impairment that substantially limits any 

6 major life activities and who is otherwise qualified to vote 

7 in elections for Federal office. 

8 ‘‘(g) EFFECTIVE DATE.—This section shall apply 

9 with respect to elections for Federal office held on or after 

10 January 1, 2020.’’. 

11 (b) CONFORMING AMENDMENT RELATING TO

12 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS13 SISTANCE COMMISSION.—Section 311(b) of such Act (52 

14 U.S.C. 21101(b)) is amended— 

15 (1) by striking ‘‘and’’ at the end of paragraph 

16 (2); 

17 (2) by striking the period at the end of para18 graph (3) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(4) in the case of the recommendations with 

22 respect to section 305, January 1, 2020.’’. 

23 (c) CLERICAL AMENDMENT.—The table of contents 

24 of such Act, as amended by section 8121(c), is amended— 


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1 (1) by redesignating the items relating to sec2 tions 305 and 306 as relating to sections 306 and 

3 307; and 

4 (2) by inserting after the item relating to sec5 tion 304 the following new item: 

‘‘Sec. 305. Access to voter registration and voting for individuals with disabilities.’’. 

6 SEC. 8202. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 

7 WITH DISABILITIES TO REGISTER TO VOTE 

8 AND VOTE PRIVATELY AND INDEPENDENTLY 

9 AT RESIDENCES. 

10 (a) ESTABLISHMENT OF PILOT PROGRAMS.—The 

11 Election Assistance Commission (hereafter referred to as 

12 the ‘‘Commission’’) shall make grants to eligible States to 

13 conduct pilot programs under which— 

14 (1) individuals with disabilities may use elec15 tronic means (including the Internet and telephones 

16 utilizing assistive devices) to register to vote and to 

17 request and receive absentee ballots, in a manner 

18 which permits such individuals to do so privately 

19 and independently at their own residences; and 

20 (2) individuals with disabilities may use the 

21 telephone to cast ballots electronically from their 

22 own residences, but only if the telephone used is not 

23 connected to the Internet. 

24 (b) REPORTS.— 


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1 (1) IN GENERAL.—A State receiving a grant for 

2 a year under this section shall submit a report to the 

3 Commission on the pilot programs the State carried 

4 out with the grant with respect to elections for pub5 lic office held in the State during the year. 

6 (2) DEADLINE.—A State shall submit a report 

7 under paragraph (1) not later than 90 days after 

8 the last election for public office held in the State 

9 during the year. 

10 (c) ELIGIBILITY.—A State is eligible to receive a 

11 grant under this section if the State submits to the Com12 mission, at such time and in such form as the Commission 

13 may require, an application containing such information 

14 and assurances as the Commission may require. 

15 (d) TIMING.—The Commission shall make the first 

16 grants under this section for pilot programs which will be 

17 in effect with respect to elections for Federal office held 

18 in 2020, or, at the option of a State, with respect to other 

19 elections for public office held in the State in 2020. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated for grants for pilot pro22 grams under this section $30,000,000 for fiscal year 2018 

23 and each succeeding fiscal year. 

24 (f) STATE DEFINED.—In this section, the term 

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1 wealth of Puerto Rico, Guam, American Samoa, the 

2 United States Virgin Islands, and the Commonwealth of 

3 the Northern Mariana Islands. 

4 SEC. 8203. EXPANSION AND REAUTHORIZATION OF GRANT 

5 PROGRAM TO ASSURE VOTING ACCESS FOR 

6 INDIVIDUALS WITH DISABILITIES. 

7 (a) PURPOSES OF PAYMENTS.—Section 261(b) of the 

8 Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 

9 amended by striking paragraphs (1) and (2) and inserting 

10 the following: 

11 ‘‘(1) making absentee voting and voting at 

12 home accessible to individuals with the full range of 

13 disabilities (including impairments involving vision, 

14 hearing, mobility, or dexterity) through the imple15 mentation of accessible absentee voting systems that 

16 work in conjunction with assistive technologies for 

17 which individuals have access at their homes, inde18 pendent living centers, or other facilities; 

19 ‘‘(2) making polling places, including the path 

20 of travel, entrances, exits, and voting areas of each 

21 polling facility, accessible to individuals with disabil22 ities, including the blind and visually impaired, in a 

23 manner that provides the same opportunity for ac24 cess and participation (including privacy and inde25 pendence) as for other voters; and 


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1 ‘‘(3) providing solutions to problems of access 

2 to voting and elections for individuals with disabil3 ities that are universally designed and provide the 

4 same opportunities for individuals with and without 

5 disabilities.’’. 

6 (b) REAUTHORIZATION.—Section 264(a) of such Act 

7 (52 U.S.C. 21024(a)) is amended by adding at the end 

8 the following new paragraph: 

9 ‘‘(4) For fiscal year 2020 and each succeeding 

10 fiscal year, such sums as may be necessary to carry 

11 out this part.’’. 

12 (c) PERIOD OF AVAILABILITY OF FUNDS.—Section 

13 264 of such Act (52 U.S.C. 21024) is amended— 

14 (1) in subsection (b), by striking ‘‘Any 

15 amounts’’ and inserting ‘‘Except as provided in sub16 section (b), any amounts’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

20 ‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND21 ITURE.—In the case of any amounts appropriated 

22 pursuant to the authority of subsection (a) for a 

23 payment to a State or unit of local government for 

24 fiscal year 2020 or any succeeding fiscal year, any 

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1 gated or expended by the State or unit of local gov2 ernment prior to the expiration of the 4-year period 

3 which begins on the date the State or unit of local 

4 government first received the amounts shall be 

5 transferred to the Commission. 

6 ‘‘(2) REALLOCATION OF TRANSFERRED

7 AMOUNTS.— 

8 ‘‘(A) IN GENERAL.—The Commission shall 

9 use the amounts transferred under paragraph 

10 (1) to make payments on a pro rata basis to 

11 each covered payment recipient described in 

12 subparagraph (B), which may obligate and ex13 pend such payment for the purposes described 

14 in section 261(b) during the 1-year period 

15 which begins on the date of receipt. 

16 ‘‘(B) COVERED PAYMENT RECIPIENTS DE17 SCRIBED.—In subparagraph (A), a ‘covered 

18 payment recipient’ is a State or unit of local 

19 government with respect to which— 

20 ‘‘(i) amounts were appropriated pur21 suant to the authority of subsection (a); 

22 and 

23 ‘‘(ii) no amounts were transferred to 

24 the Commission under paragraph (1).’’. 


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1 Subtitle D—Prohibiting Voter 

2 Caging 

3 SEC. 8301. VOTER CAGING AND OTHER QUESTIONABLE 

4 CHALLENGES PROHIBITED. 

5 (a) IN GENERAL.—Chapter 29 of title 18, United 

6 States Code, as amended by section 8141(a), is amended 

7 by adding at the end the following: 

8 ‘‘§ 613. Voter caging and other questionable chal9 lenges 

10 ‘‘(a) DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘voter caging document’ means— 

12 ‘‘(A) a nonforwardable document that is 

13 returned to the sender or a third party as unde14 livered or undeliverable despite an attempt to 

15 deliver such document to the address of a reg16 istered voter or applicant; or 

17 ‘‘(B) any document with instructions to an 

18 addressee that the document be returned to the 

19 sender or a third party but is not so returned, 

20 despite an attempt to deliver such document to 

21 the address of a registered voter or applicant, 

22 unless at least two Federal election cycles have 

23 passed since the date of the attempted delivery; 


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1 ‘‘(2) the term ‘voter caging list’ means a list of 

2 individuals compiled from voter caging documents; 

3 and 

4 ‘‘(3) the term ‘unverified match list’ means a 

5 list produced by matching the information of reg6 istered voters or applicants for voter registration to 

7 a list of individuals who are ineligible to vote in the 

8 registrar’s jurisdiction, by virtue of death, convic9 tion, change of address, or otherwise; unless one of 

10 the pieces of information matched includes a signa11 ture, photograph, or unique identifying number en12 suring that the information from each source refers 

13 to the same individual. 

14 ‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 

15 State or local election official shall prevent an individual 

16 from registering or voting in any election for Federal of17 fice, or permit in connection with any election for Federal 

18 office a formal challenge under State law to an individual’s 

19 registration status or eligibility to vote, if the basis for 

20 such decision is evidence consisting of— 

21 ‘‘(1) a voter caging document or voter caging 

22 list; 

23 ‘‘(2) an unverified match list; 

24 ‘‘(3) an error or omission on any record or 

25 paper relating to any application, registration, or 


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1 other act requisite to voting, if such error or omis2 sion is not material to an individual’s eligibility to 

3 vote under section 2004 of the Revised Statutes, as 

4 amended (52 U.S.C. 10101(a)(2)(B)); or 

5 ‘‘(4) any other evidence so designated for pur6 poses of this section by the Election Assistance Com7 mission, 

8 except that the election official may use such evidence if 

9 it is corroborated by independent evidence of the individ10 ual’s ineligibility to register or vote. 

11 ‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS

12 OTHER THAN ELECTION OFFICIALS.—No person, other 

13 than a State or local election official, shall submit a formal 

14 challenge to an individual’s eligibility to register to vote 

15 in an election for Federal office or to vote in an election 

16 for Federal office unless that challenge is supported by 

17 personal knowledge regarding the grounds for ineligibility 

18 which is— 

19 ‘‘(1) documented in writing; and 

20 ‘‘(2) subject to an oath or attestation under 

21 penalty of perjury that the challenger has a good 

22 faith factual basis to believe that the individual who 

23 is the subject of the challenge is ineligible to register 

24 to vote or vote in that election, except a challenge 

25 which is based on the race or national origin of the 


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1 individual who is the subject of the challenge may 

2 not be considered to have a good faith factual basis 

3 for purposes of this paragraph. 

4 ‘‘(d) PENALTIES FOR KNOWING MISCONDUCT.— 

5 Whoever knowingly challenges the eligibility of one or 

6 more individuals to register or vote or knowingly causes 

7 the eligibility of such individuals to be challenged in viola8 tion of this section with the intent that one or more eligi9 ble voters be disqualified, shall be fined under this title 

10 or imprisoned not more than 1 year, or both, for each such 

11 violation. Each violation shall be a separate offense. 

12 ‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 

13 this section is intended to override the protections of the 

14 National Voter Registration Act of 1993 (52 U.S.C. 

15 20501 et seq.) or to affect the Voting Rights Act of 1965 

16 (52 U.S.C. 10301 et seq.).’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections 

18 for chapter 29 of title 18, United States Code, as amended 

19 by section 8141(b), is amended by adding at the end the 

20 following: 

‘‘613. Voter caging and other questionable challenges.’’. 

21 SEC. 8302. DEVELOPMENT AND ADOPTION OF BEST PRAC22 TICES FOR PREVENTING VOTER CAGING. 

23 (a) BEST PRACTICES.—Not later than 180 days after 

24 the date of the enactment of this Act, the Election Assist25 ance Commission shall develop and publish for the use of 


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1 States recommendations for best practices to deter and 

2 prevent violations of section 613 of title 18, United States 

3 Code, as added by section 8301(a), including practices to 

4 provide for the posting of relevant information at polling 

5 places and voter registration agencies, the training of poll 

6 workers and election officials, and relevant educational 

7 measures. For purposes of this subsection, the term 

8 ‘‘State’’ includes the District of Columbia, the Common9 wealth of Puerto Rico, Guam, American Samoa, the 

10 United States Virgin Islands, and the Commonwealth of 

11 the Northern Mariana Islands. 

12 (b) INCLUSION IN VOTING INFORMATION REQUIRE13 MENTS.—Section 302(b)(2) of the Help America Vote Act 

14 of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 

15 8142(b), is amended— 

16 (1) by striking ‘‘and’’ at the end of subpara17 graph (F); 

18 (2) by striking the period at the end of sub19 paragraph (G) and inserting ‘‘; and’’; and 

20 (3) by adding at the end the following new sub21 paragraph: 

22 ‘‘(H) information relating to the prohibi23 tion against voter caging and other questionable 

24 challenges (as set forth in section 613 of title 

25 18, United States Code), including information 


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1 on how individuals may report allegations of 

2 violations of such prohibition.’’. 

3 SEC. 8303. SEVERABILITY. 

4 If any provision of this subtitle or any amendment 

5 made by this subtitle, or the application of a provision to 

6 any person or circumstance, is held to be unconstitutional, 

7 the remainder of this subtitle and the amendments made 

8 by this subtitle, and the application of the provisions to 

9 any person or circumstance, shall not be affected by the 

10 holding. 

11 Subtitle E—Prohibiting Deceptive 

12 Practices 

13 SEC. 8401. PROHIBITION ON DECEPTIVE PRACTICES IN 

14 FEDERAL ELECTIONS. 

15 (a) IN GENERAL.—Chapter 29 of title 18, United 

16 States Code, as amended by section 8141(a) and section 

17 8301(a), is amended by adding at the end the following: 

18 ‘‘§ 614. False election-related information in Federal 

19 elections 

20 ‘‘(a) A person, including an election official, who in 

21 any election for Federal office knowingly and willfully de22 prives, defrauds, or attempts to deprive or defraud the 

23 residents of a State of their free and fair exercise of the 

24 right to vote by the communication of election-related in25 formation that is known by the person to be materially 


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1 false, fictitious, or fraudulent shall be fined under this title 

2 or imprisoned not more than 1 year, or both. 

3 ‘‘(b) As used in this section— 

4 ‘‘(1) the term ‘election for Federal office’ means 

5 any general, primary, runoff, or special election for 

6 the office of President, Vice President, presidential 

7 elector, Member of the Senate, Member of the House 

8 of Representatives, or Delegate or Resident Commis9 sioner to the Congress; and 

10 ‘‘(2) the term ‘election-related information’ 

11 means any oral or written communication regard12 ing— 

13 ‘‘(A) the time or place of an election for 

14 Federal office; 

15 ‘‘(B) criminal penalties associated with 

16 voting in such an election; 

17 ‘‘(C) an individual’s voter registration sta18 tus or eligibility to vote in such an election; or 

19 ‘‘(D) the explicit endorsement by any per20 son or organization of a candidate in such an 

21 election.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 for chapter 29 of title 18, United States Code, as amended 

24 by section 8141(b) and section 8301(b), is amended by 

25 adding at the end the following new item: 

‘‘614. False election-related information in Federal elections.’’. 


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1 SEC. 8402. MODIFICATION OF PENALTY FOR VOTER INTIMI2 DATION. 

3 Section 594 of title 18, United States Code, is 

4 amended by striking ‘‘one year’’ and inserting ‘‘5 years’’. 

5 SEC. 8403. SENTENCING GUIDELINES. 

6 (a) REVIEW AND AMENDMENT.—Not later than 90 

7 days after the date of enactment of this Act, the United 

8 States Sentencing Commission, pursuant to its authority 

9 under section 994 of title 28, United States Code, and 

10 in accordance with this section, shall review and, if appro11 priate, amend the Federal sentencing guidelines and policy 

12 statements applicable to persons convicted of any offense 

13 under any sections of title 18, United States Code, that 

14 are added or modified by this Act. 

15 (b) AUTHORIZATION.—The United States Sentencing 

16 Commission may, for the purposes of the amendments 

17 made pursuant to this subtitle, amend the Federal sen18 tencing guidelines in accordance with the procedures set 

19 forth in section 21(a) of the Sentencing Act of 1987 (28 

20 U.S.C. 994 note) as though the authority under that sec21 tion had not expired. 

22 SEC. 8404. REPORTING VIOLATIONS; CORRECTIVE ACTION. 

23 (a) REPORTING.—Any person may submit a report 

24 to the Attorney General regarding any violation or possible 

25 violation of section 594 or section 614 of title 18, United 

26 States Code (as added by section 8401(a)). 


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1 (b) CORRECTIVE ACTION.— 

2 (1) IN GENERAL.—Immediately after receiving 

3 a report under subsection (a), the Attorney General 

4 shall consider and review the report, and if the At5 torney General determines that there is a reasonable 

6 basis to find that a violation included in the report 

7 has occurred, the Attorney General shall— 

8 (A) undertake all effective measures nec9 essary to provide correct information to voters 

10 affected by the false information; and 

11 (B) refer the matter to the appropriate 

12 Federal and State authorities for criminal pros13 ecution or civil action after the election in14 volved. 

15 (2) REGULATIONS.—The Attorney General shall 

16 promulgate regulations regarding the methods and 

17 means of corrective actions to be taken under para18 graph (1). Such regulations shall be developed in 

19 consultation with the Election Assistance Commis20 sion, civil rights organizations, voting rights groups, 

21 State and local election officials, voter protection 

22 groups, and other interested community organiza23 tions. 

24 (3) STUDY AND REPORT ON METHODS OF DIS25 SEMINATING CORRECTIVE INFORMATION.— 


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1 (A) IN GENERAL.—The Attorney General, 

2 in consultation with the Federal Communica3 tions Commission and the Election Assistance 

4 Commission, shall conduct a study on the feasi5 bility of providing the corrective information 

6 under paragraph (1) through public service an7 nouncements, the emergency alert system, or 

8 other forms of public broadcast. 

9 (B) REPORT.—Not later than 180 days 

10 after the date of the enactment of this Act, the 

11 Attorney General shall submit to Congress a re12 port detailing the results of the study conducted 

13 under subparagraph (A). 

14 (4) PUBLICIZING AVAILABILITY OF REM15 EDIES.—The Attorney General shall make public 

16 through the Internet, radio, television, and news17 paper advertisements information on the responsibil18 ities, contact information, and complaint procedures 

19 applicable under this section. 

20 (c) REPORTS TO CONGRESS.— 

21 (1) IN GENERAL.—Not later than 90 days after 

22 any election with respect to which a report has been 

23 submitted under subsection (a), the Attorney Gen24 eral shall submit to Congress a report compiling all 


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1 such reports submitted under subsection (a) with re2 spect to that election. 

3 (2) CONTENTS.— 

4 (A) IN GENERAL.—Each report submitted 

5 under paragraph (1) shall include— 

6 (i) detailed information on specific al7 legations; 

8 (ii) statistical compilations of how 

9 many allegations were made and of what 

10 type; 

11 (iii) the geographic locations of and 

12 the populations affected by the alleged vio13 lations; 

14 (iv) the status of the investigations of 

15 such allegations; 

16 (v) any corrective actions taken in re17 sponse to such allegations; 

18 (vi) the rationale used for any correc19 tive actions or for any refusal to pursue an 

20 allegation; 

21 (vii) the effectiveness of any such cor22 rective actions; 

23 (viii) whether a Voting Integrity Task 

24 Force was established with respect to such 


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1 election, and, if so, how such task force 

2 was staffed and funded; 

3 (ix) any referrals of information to 

4 other Federal, State, or local agencies; and 

5 (x) any criminal prosecution instituted 

6 under title 18, United States Code, in con7 nection with such allegations. 

8 (3) REPORT MADE PUBLIC.—On the date that 

9 the Attorney General submits the report under para10 graph (1), the Attorney General shall also make the 

11 report publicly available through the Internet and 

12 other appropriate means. 

13 (d) DELEGATION OF DUTIES.— 

14 (1) USE OF VOTING INTEGRITY TASK FORCE.— 

15 The Attorney General shall delegate the responsibil16 ities under this section with respect to a particular 

17 election to a Voting Integrity Task Force established 

18 by the Attorney General for such purpose. 

19 (2) COMPOSITION.—A Voting Integrity Task 

20 Force established under paragraph (1) shall be 

21 under the direction of the Assistant Attorney Gen22 eral for the Civil Rights Division and the Assistant 

23 Attorney General for the Criminal Division, acting 

24 jointly. 


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1 Subtitle F—Democracy Restoration 

2 SEC. 8501. RIGHTS OF CITIZENS. 

3 The right of an individual who is a citizen of the 

4 United States to vote in any election for Federal office 

5 shall not be denied or abridged because that individual has 

6 been convicted of a criminal offense unless such individual 

7 is serving a felony sentence in a correctional institution 

8 or facility at the time of the election. 

9 SEC. 8502. ENFORCEMENT. 

10 (a) ATTORNEY GENERAL.—The Attorney General 

11 may, in a civil action, obtain such declaratory or injunctive 

12 relief as is necessary to remedy a violation of this subtitle. 

13 (b) PRIVATE RIGHT OF ACTION.— 

14 (1) A person who is aggrieved by a violation of 

15 this subtitle may provide written notice of the viola16 tion to the chief election official of the State in17 volved. 

18 (2) Except as provided in paragraph (3), if the 

19 violation is not corrected within 90 days after receipt 

20 of a notice under paragraph (1), or within 20 days 

21 after receipt of the notice if the violation occurred 

22 within 120 days before the date of an election for 

23 Federal office, the aggrieved person may, in a civil 

24 action, obtain declaratory or injunctive relief with re25 spect to the violation. 


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1 (3) If the violation occurred within 30 days be2 fore the date of an election for Federal office, the 

3 aggrieved person need not provide notice to the chief 

4 election official of the State under paragraph (1) be5 fore bringing a civil action to obtain declaratory or 

6 injunctive relief with respect to the violation. 

7 SEC. 8503. NOTIFICATION OF RESTORATION OF VOTING 

8 RIGHTS. 

9 (a) STATE NOTIFICATION.— 

10 (1) NOTIFICATION.—On the date determined 

11 under paragraph (2), each State shall notify in writ12 ing any individual who has been convicted of a 

13 criminal offense under the law of that State that 

14 such individual has the right to vote in an election 

15 for Federal office pursuant to this subtitle and may 

16 register to vote in any such election. 

17 (2) DATE OF NOTIFICATION.— 

18 (A) FELONY CONVICTION.—In the case of 

19 such an individual who has been convicted of a 

20 felony, the notification required under para21 graph (1) shall be given on the date on which 

22 the individual— 

23 (i) is sentenced to serve only a term 

24 of probation; or 


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1 (ii) is released from the custody of 

2 that State (other than to the custody of 

3 another State or the Federal Government 

4 to serve a term of imprisonment for a fel5 ony conviction). 

6 (B) MISDEMEANOR CONVICTION.—In the 

7 case of such an individual who has been con8 victed of a misdemeanor, the notification re9 quired under paragraph (1) shall be given on 

10 the date on which such individual is sentenced 

11 by a State court. 

12 (b) FEDERAL NOTIFICATION.— 

13 (1) NOTIFICATION.—On the date determined 

14 under paragraph (2), the Director of the Bureau of 

15 Prisons shall notify in writing any individual who 

16 has been convicted of a criminal offense under Fed17 eral law that such individual has the right to vote 

18 in an election for Federal office pursuant to this 

19 subtitle and may register to vote in any such elec20 tion. 

21 (2) DATE OF NOTIFICATION.— 

22 (A) FELONY CONVICTION.—In the case of 

23 such an individual who has been convicted of a 

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1 graph (1) shall be given on the date on which 

2 the individual— 

3 (i) is sentenced to serve only a term 

4 of probation by a court established by an 

5 Act of Congress; or 

6 (ii) is released from the custody of the 

7 Bureau of Prisons (other than to the cus8 tody of a State to serve a term of impris9 onment for a felony conviction). 

10 (B) MISDEMEANOR CONVICTION.—In the 

11 case of such an individual who has been con12 victed of a misdemeanor, the notification re13 quired under paragraph (1) shall be given on 

14 the date on which such individual is sentenced 

15 by a State court. 

16 SEC. 8504. DEFINITIONS. 

17 For purposes of this subtitle: 

18 (1) CORRECTIONAL INSTITUTION OR FACIL19 ITY.—The term ‘‘correctional institution or facility’’ 

20 means any prison, penitentiary, jail, or other institu21 tion or facility for the confinement of individuals 

22 convicted of criminal offenses, whether publicly or 

23 privately operated, except that such term does not 

24 include any residential community treatment center 

25 (or similar public or private facility). 


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1 (2) ELECTION.—The term ‘‘election’’ means— 

2 (A) a general, special, primary, or runoff 

3 election; 

4 (B) a convention or caucus of a political 

5 party held to nominate a candidate; 

6 (C) a primary election held for the selec7 tion of delegates to a national nominating con8 vention of a political party; or 

9 (D) a primary election held for the expres10 sion of a preference for the nomination of per11 sons for election to the office of President. 

12 (3) FEDERAL OFFICE.—The term ‘‘Federal of13 fice’’ means the office of President or Vice President 

14 of the United States, or of Senator or Representa15 tive in, or Delegate or Resident Commissioner to, 

16 the Congress of the United States. 

17 (4) PROBATION.—The term ‘‘probation’’ means 

18 probation, imposed by a Federal, State, or local 

19 court, with or without a condition on the individual 

20 involved concerning— 

21 (A) the individual’s freedom of movement; 

22 (B) the payment of damages by the indi23 vidual; 

24 (C) periodic reporting by the individual to 

25 an officer of the court; or 


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1 (D) supervision of the individual by an of2 ficer of the court. 

3 SEC. 8505. RELATION TO OTHER LAWS. 

4 (a) STATE LAWS RELATING TO VOTING RIGHTS.— 

5 Nothing in this subtitle shall be construed to prohibit the 

6 States from enacting any State law which affords the right 

7 to vote in any election for Federal office on terms less 

8 restrictive than those established by this subtitle. 

9 (b) CERTAIN FEDERAL ACTS.—The rights and rem10 edies established by this subtitle are in addition to all 

11 other rights and remedies provided by law, and neither 

12 rights and remedies established by this subtitle shall su13 persede, restrict, or limit the application of the Voting 

14 Rights Act of 1965 (52 U.S.C. 10301 et seq.) or the Na15 tional Voter Registration Act (52 U.S.C. 20501). 

16 SEC. 8506. FEDERAL PRISON FUNDS. 

17 No State, unit of local government, or other person 

18 may receive or use, to construct or otherwise improve a 

19 prison, jail, or other place of incarceration, any Federal 

20 grant amounts unless that person has in effect a program 

21 under which each individual incarcerated in that person’s 

22 jurisdiction who is a citizen of the United States is noti23 fied, upon release from such incarceration, of that individ24 ual’s rights under section 8501. 


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1 SEC. 8507. EFFECTIVE DATE. 

2 This subtitle shall apply to citizens of the United 

3 States voting in any election for Federal office held after 

4 the date of the enactment of this Act. 

5 Subtitle G—Accuracy, Integrity, 

6 and Security of Elections 

7 SEC. 8600. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Voter Confidence 

9 and Increased Accessibility Act of 2018’’. 

10 PART 1—PROMOTING ACCURACY, INTEGRITY, 

11 AND SECURITY THROUGH VOTER-VERIFIED 

12 PERMANENT PAPER BALLOT 

13 SEC. 8601. MORATORIUM ON ACQUISITION OF CERTAIN DI14 RECT RECORDING ELECTRONIC VOTING SYS15 TEMS AND CERTAIN OTHER VOTING SYS16 TEMS. 

17 Section 301 of the Help America Vote Act of 2002 

18 (52 U.S.C. 21081) is amended— 

19 (1) by redesignating subsections (c) and (d) as 

20 subsections (d) and (e); and 

21 (2) by inserting after subsection (b) the fol22 lowing new subsection: 

23 ‘‘(c) MORATORIUM ON ACQUISITION OF CERTAIN DI24 RECT RECORDING ELECTRONIC VOTING SYSTEMS AND

25 CERTAIN OTHER VOTING SYSTEMS.—Beginning on the 

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1 creased Accessibility Act of 2018, no State or jurisdiction 

2 may purchase or otherwise acquire for use in an election 

3 for Federal office a direct recording electronic voting sys4 tem or other electronic voting system that does not 

5 produce a voter-verified paper record as required by sec6 tion 301(a)(2) (as amended by such Act).’’. 

7 SEC. 8602. PAPER BALLOT AND MANUAL COUNTING RE8 QUIREMENTS. 

9 (a) IN GENERAL.—Section 301(a)(2) of the Help 

10 America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 

11 amended to read as follows: 

12 ‘‘(2) PAPER BALLOT REQUIREMENT.— 

13 ‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 

14 ‘‘(i) PAPER BALLOT REQUIREMENT.— 

15 (I) The voting system shall require the use 

16 of an individual, durable, voter-verified, 

17 paper ballot of the voter’s vote that shall 

18 be marked and made available for inspec19 tion and verification by the voter before 

20 the voter’s vote is cast and counted, and 

21 which shall be counted by hand or read by 

22 an optical character recognition device or 

23 other counting device. For purposes of this 

24 subclause, the term ‘individual, durable, 

25 voter-verified, paper ballot’ means a paper 


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1 ballot marked by the voter by hand or a 

2 paper ballot marked through the use of a 

3 nontabulating ballot marking device or sys4 tem, so long as the voter shall have the op5 tion to mark his or her ballot by hand. 

6 ‘‘(II) The voting system shall provide 

7 the voter with an opportunity to correct 

8 any error on the paper ballot before the 

9 permanent voter-verified paper ballot is 

10 preserved in accordance with clause (ii). 

11 ‘‘(III) The voting system shall not 

12 preserve the voter-verified paper ballots in 

13 any manner that makes it possible, at any 

14 time after the ballot has been cast, to asso15 ciate a voter with the record of the voter’s 

16 vote without the voter’s consent. 

17 ‘‘(ii) PRESERVATION AS OFFICIAL

18 RECORD.—The individual, durable, voter19 verified, paper ballot used in accordance 

20 with clause (i) shall constitute the official 

21 ballot and shall be preserved and used as 

22 the official ballot for purposes of any re23 count or audit conducted with respect to 

24 any election for Federal office in which the 

25 voting system is used. 


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1 ‘‘(iii) MANUAL COUNTING REQUIRE2 MENTS FOR RECOUNTS AND AUDITS.—(I) 

3 Each paper ballot used pursuant to clause 

4 (i) shall be suitable for a manual audit, 

5 and shall be counted by hand in any re6 count or audit conducted with respect to 

7 any election for Federal office. 

8 ‘‘(II) In the event of any inconsist9 encies or irregularities between any elec10 tronic vote tallies and the vote tallies de11 termined by counting by hand the indi12 vidual, durable, voter-verified, paper ballots 

13 used pursuant to clause (i), and subject to 

14 subparagraph (B), the individual, durable, 

15 voter-verified, paper ballots shall be the 

16 true and correct record of the votes cast. 

17 ‘‘(iv) APPLICATION TO ALL BAL18 LOTS.—The requirements of this subpara19 graph shall apply to all ballots cast in elec20 tions for Federal office, including ballots 

21 cast by absent uniformed services voters 

22 and overseas voters under the Uniformed 

23 and Overseas Citizens Absentee Voting Act 

24 and other absentee voters. 


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1 ‘‘(B) SPECIAL RULE FOR TREATMENT OF

2 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

3 SHOWN TO BE COMPROMISED.— 

4 ‘‘(i) IN GENERAL.—In the event 

5 that— 

6 ‘‘(I) there is any inconsistency 

7 between any electronic vote tallies and 

8 the vote tallies determined by count9 ing by hand the individual, durable, 

10 voter-verified, paper ballots used pur11 suant to subparagraph (A)(i) with re12 spect to any election for Federal of13 fice; and 

14 ‘‘(II) it is demonstrated by clear 

15 and convincing evidence (as deter16 mined in accordance with the applica17 ble standards in the jurisdiction in18 volved) in any recount, audit, or con19 test of the result of the election that 

20 the paper ballots have been com21 promised (by damage or mischief or 

22 otherwise) and that a sufficient num23 ber of the ballots have been so com24 promised that the result of the elec25 tion could be changed, 


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1 the determination of the appropriate rem2 edy with respect to the election shall be 

3 made in accordance with applicable State 

4 law, except that the electronic tally shall 

5 not be used as the exclusive basis for de6 termining the official certified result. 

7 ‘‘(ii) RULE FOR CONSIDERATION OF

8 BALLOTS ASSOCIATED WITH EACH VOTING

9 MACHINE.—For purposes of clause (i), 

10 only the paper ballots deemed com11 promised, if any, shall be considered in the 

12 calculation of whether or not the result of 

13 the election could be changed due to the 

14 compromised paper ballots.’’. 

15 (b) CONFORMING AMENDMENT CLARIFYING APPLI16 CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 

17 Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 

18 is amended by inserting ‘‘(including the paper ballots re19 quired to be used under paragraph (2))’’ after ‘‘voting sys20 tem’’. 

21 (c) OTHER CONFORMING AMENDMENTS.—Section 

22 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend23 ed— 


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1 (1) in subparagraph (A)(i), by striking ‘‘count2 ed’’ and inserting ‘‘counted, in accordance with 

3 paragraphs (2) and (3)’’; 

4 (2) in subparagraph (A)(ii), by striking ‘‘count5 ed’’ and inserting ‘‘counted, in accordance with 

6 paragraphs (2) and (3)’’; 

7 (3) in subparagraph (A)(iii), by striking ‘‘count8 ed’’ each place it appears and inserting ‘‘counted, in 

9 accordance with paragraphs (2) and (3)’’; and 

10 (4) in subparagraph (B)(ii), by striking ‘‘count11 ed’’ and inserting ‘‘counted, in accordance with 

12 paragraphs (2) and (3)’’. 

13 SEC. 8603. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

14 INDIVIDUALS WITH DISABILITIES. 

15 (a) IN GENERAL.—Section 301(a)(3)(B) of the Help 

16 America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is 

17 amended to read as follows: 

18 ‘‘(B)(i) satisfy the requirement of subpara19 graph (A) through the use of at least one voting 

20 system equipped for individuals with disabil21 ities, including nonvisual and enhanced visual 

22 accessibility for the blind and visually impaired, 

23 and nonmanual and enhanced manual accessi24 bility for the mobility and dexterity impaired, at 

25 each polling place; and 


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1 ‘‘(ii) meet the requirements of subpara2 graph (A) and paragraph (2)(A) by using a sys3 tem that— 

4 ‘‘(I) allows the voter to privately and 

5 independently verify the permanent paper 

6 ballot through the presentation, in acces7 sible form, of the printed or marked vote 

8 selections from the same printed or 

9 marked information that would be used for 

10 any vote counting or auditing; and 

11 ‘‘(II) allows the voter to privately and 

12 independently verify and cast the perma13 nent paper ballot without requiring the 

14 voter to manually handle the paper ballot; 

15 and’’. 

16 (b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 

17 AND DEVELOPMENT OF ACCESSIBLE PAPER BALLOT

18 VERIFICATION MECHANISMS.— 

19 (1) STUDY AND REPORTING.—Subtitle C of 

20 title II of such Act (52 U.S.C. 21081 et seq.) is 

21 amended— 

22 (A) by redesignating section 247 as section 

23 248; and 

24 (B) by inserting after section 246 the fol25 lowing new section: 


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1 ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER 

2 BALLOT VERIFICATION MECHANISMS. 

3 ‘‘(a) STUDY AND REPORT.—The Director of the Na4 tional Science Foundation shall make grants to not fewer 

5 than 3 eligible entities to study, test, and develop acces6 sible paper ballot voting, verification, and casting mecha7 nisms and devices and best practices to enhance the acces8 sibility of paper ballot voting and verification mechanisms 

9 for individuals with disabilities, for voters whose primary 

10 language is not English, and for voters with difficulties 

11 in literacy, including best practices for the mechanisms 

12 themselves and the processes through which the mecha13 nisms are used. 

14 ‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 

15 grant under this part if it submits to the Director (at such 

16 time and in such form as the Director may require) an 

17 application containing— 

18 ‘‘(1) certifications that the entity shall specifi19 cally investigate enhanced methods or devices, in20 cluding non-electronic devices, that will assist such 

21 individuals and voters in marking voter-verified 

22 paper ballots and presenting or transmitting the in23 formation printed or marked on such ballots back to 

24 such individuals and voters, and casting such ballots; 


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1 ‘‘(2) a certification that the entity shall com2 plete the activities carried out with the grant not 

3 later than December 31, 2018; and 

4 ‘‘(3) such other information and certifications 

5 as the Director may require. 

6 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech7 nology developed with the grants made under this section 

8 shall be treated as non-proprietary and shall be made 

9 available to the public, including to manufacturers of vot10 ing systems. 

11 ‘‘(d) COORDINATION WITH GRANTS FOR TECH12 NOLOGY IMPROVEMENTS.—The Director shall carry out 

13 this section so that the activities carried out with the 

14 grants made under subsection (a) are coordinated with the 

15 research conducted under the grant program carried out 

16 by the Commission under section 271, to the extent that 

17 the Director and Commission determine necessary to pro18 vide for the advancement of accessible voting technology. 

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 is authorized to be appropriated to carry out subsection 

21 (a) $5,000,000, to remain available until expended.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents of such Act is amended— 

24 (A) by redesignating the item relating to 

25 section 247 as relating to section 248; and 


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1 (B) by inserting after the item relating to 

2 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible paper ballot verification mechanisms.’’. 

3 (c) CLARIFICATION OF ACCESSIBILITY STANDARDS

4 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

5 adopting any voluntary guidance under subtitle B of title 

6 III of the Help America Vote Act with respect to the ac7 cessibility of the paper ballot verification requirements for 

8 individuals with disabilities, the Election Assistance Com9 mission shall include and apply the same accessibility 

10 standards applicable under the voluntary guidance adopt11 ed for accessible voting systems under such subtitle. 

12 (d) PERMITTING USE OF FUNDS FOR PROTECTION

13 AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN14 FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec15 tion 292(a) of the Help America Vote Act of 2002 (52 

16 U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 

17 and all that follows and inserting a period. 

18 SEC. 8604. ADDITIONAL VOTING SYSTEM REQUIREMENTS. 

19 (a) REQUIREMENTS DESCRIBED.—Section 301(a) of 

20 the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) 

21 is amended by adding at the end the following new para22 graphs: 

23 ‘‘(7) REQUIRING AVAILABILITY OF PAPER BAL24 LOTS IN CASE OF EMERGENCY.— 


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1 ‘‘(A) IN GENERAL.—In the event of a fail2 ure of voting equipment or other circumstance 

3 at a polling place in an election for Federal of4 fice that causes an unreasonable delay, the ap5 propriate election official at the polling place 

6 shall— 

7 ‘‘(i) immediately advise any individual 

8 who is waiting at the polling place to cast 

9 a ballot in the election at the time of the 

10 failure that the individual has the right to 

11 use an emergency paper ballot; and 

12 ‘‘(ii) upon the individual’s request, 

13 provide the individual with an emergency 

14 paper ballot for the election and the sup15 plies necessary to mark the ballot. 

16 ‘‘(B) TREATMENT OF BALLOTS.—Any 

17 paper ballot which is cast by an individual 

18 under this clause shall be counted and other19 wise treated as a regular ballot for all purposes 

20 (including by incorporating it into the final un21 official vote count (as defined by the State) for 

22 the precinct) and not as a provisional ballot, 

23 unless the individual casting the ballot would 

24 have otherwise been required to cast a provi25 sional ballot. 


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1 ‘‘(8) PROHIBITING USE OF UNCERTIFIED ELEC2 TION-DEDICATED VOTING SYSTEM TECHNOLOGIES; 

3 DISCLOSURE REQUIREMENTS.— 

4 ‘‘(A) IN GENERAL.—A voting system used 

5 in an election for Federal office in a State may 

6 not at any time during the election contain or 

7 use any election-dedicated voting system tech8 nology— 

9 ‘‘(i) which has not been certified by 

10 the State for use in the election; and 

11 ‘‘(ii) which has not been deposited 

12 with an accredited laboratory described in 

13 section 231 to be held in escrow and dis14 closed in accordance with this section. 

15 ‘‘(B) REQUIREMENT FOR DISCLOSURE AND

16 LIMITATION ON RESTRICTING DISCLOSURE.— 

17 An accredited laboratory under section 231 

18 with whom an election-dedicated voting system 

19 technology has been deposited shall— 

20 ‘‘(i) hold the technology in escrow; 

21 and 

22 ‘‘(ii) disclose technology and informa23 tion regarding the technology to another 

24 person if— 


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1 ‘‘(I) the person is a qualified per2 son described in subparagraph (C) 

3 who has entered into a nondisclosure 

4 agreement with respect to the tech5 nology which meets the requirements 

6 of subparagraph (D); or 

7 ‘‘(II) the laboratory is permitted 

8 or required to disclose the technology 

9 to the person under State law, in ac10 cordance with the terms and condi11 tions applicable under such law. 

12 ‘‘(C) QUALIFIED PERSONS DESCRIBED.— 

13 With respect to the disclosure of election-dedi14 cated voting system technology by a laboratory 

15 under subparagraph (B)(ii)(I), a ‘qualified per16 son’ is any of the following: 

17 ‘‘(i) A governmental entity with re18 sponsibility for the administration of vot19 ing and election-related matters for pur20 poses of reviewing, analyzing, or reporting 

21 on the technology. 

22 ‘‘(ii) A party to pre- or postelection 

23 litigation challenging the result of an elec24 tion or the administration or use of the 

25 technology used in an election, including 


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•HR 5785 IH

1 but not limited to election contests or chal2 lenges to the certification of the tech3 nology, or an expert for a party to such 

4 litigation, for purposes of reviewing or ana5 lyzing the technology to support or oppose 

6 the litigation, and all parties to the litiga7 tion shall have access to the technology for 

8 such purposes. 

9 ‘‘(iii) A person not described in clause 

10 (i) or (ii) who reviews, analyzes, or reports 

11 on the technology solely for an academic, 

12 scientific, technological, or other investiga13 tion or inquiry concerning the accuracy or 

14 integrity of the technology. 

15 ‘‘(D) REQUIREMENTS FOR NONDISCLO16 SURE AGREEMENTS.—A nondisclosure agree17 ment entered into with respect to an election18 dedicated voting system technology meets the 

19 requirements of this subparagraph if the agree20 ment— 

21 ‘‘(i) is limited in scope to coverage of 

22 the technology disclosed under subpara23 graph (B) and any trade secrets and intel24 lectual property rights related thereto; 


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1 ‘‘(ii) does not prohibit a signatory 

2 from entering into other nondisclosure 

3 agreements to review other technologies 

4 under this paragraph; 

5 ‘‘(iii) exempts from coverage any in6 formation the signatory lawfully obtained 

7 from another source or any information in 

8 the public domain; 

9 ‘‘(iv) remains in effect for not longer 

10 than the life of any trade secret or other 

11 intellectual property right related thereto; 

12 ‘‘(v) prohibits the use of injunctions 

13 barring a signatory from carrying out any 

14 activity authorized under subparagraph 

15 (C), including injunctions limited to the 

16 period prior to a trial involving the tech17 nology; 

18 ‘‘(vi) is silent as to damages awarded 

19 for breach of the agreement, other than a 

20 reference to damages available under appli21 cable law; 

22 ‘‘(vii) allows disclosure of evidence of 

23 crime, including in response to a subpoena 

24 or warrant; 


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1 ‘‘(viii) allows the signatory to perform 

2 analyses on the technology (including by 

3 executing the technology), disclose reports 

4 and analyses that describe operational 

5 issues pertaining to the technology (includ6 ing vulnerabilities to tampering, errors, 

7 risks associated with use, failures as a re8 sult of use, and other problems), and de9 scribe or explain why or how a voting sys10 tem failed or otherwise did not perform as 

11 intended; and 

12 ‘‘(ix) provides that the agreement 

13 shall be governed by the trade secret laws 

14 of the applicable State. 

15 ‘‘(E) ELECTION-DEDICATED VOTING SYS16 TEM TECHNOLOGY DEFINED.—For purposes of 

17 this paragraph: 

18 ‘‘(i) IN GENERAL.—The term ‘elec19 tion-dedicated voting system technology’ 

20 means the following: 

21 ‘‘(I) The source code used for the 

22 trusted build and its file signatures. 

23 ‘‘(II) A complete disk image of 

24 the prebuild, build environment, and 


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•HR 5785 IH

1 any file signatures to validate that it 

2 is unmodified. 

3 ‘‘(III) A complete disk image of 

4 the postbuild, build environment, and 

5 any file signatures to validate that it 

6 is unmodified. 

7 ‘‘(IV) All executable code pro8 duced by the trusted build and any 

9 file signatures to validate that it is 

10 unmodified. 

11 ‘‘(V) Installation devices and 

12 software file signatures. 

13 ‘‘(ii) EXCLUSION.—Such term does 

14 not include ‘commercial-off-the-shelf’ soft15 ware and hardware defined under the 2015 

16 voluntary voting system guidelines adopted 

17 by the Commission under section 222. 

18 ‘‘(9) PROHIBITION OF USE OF WIRELESS COM19 MUNICATIONS DEVICES IN SYSTEMS OR DEVICES.— 

20 No system or device upon which ballots are marked 

21 or votes are cast or tabulated shall contain, use, or 

22 be accessible by any wireless, powerline, or concealed 

23 communication device, except that enclosed infrared 

24 communications devices which are certified for use 

25 in such device by the State and which cannot be 


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•HR 5785 IH

1 used for any remote or wide area communications or 

2 used without the knowledge of poll workers shall be 

3 permitted. 

4 ‘‘(10) PROHIBITING CONNECTION OF SYSTEM

5 TO THE INTERNET.— 

6 ‘‘(A) IN GENERAL.—No system or device 

7 upon which ballots are programmed or votes are 

8 cast or tabulated shall be connected to the 

9 Internet at any time. 

10 ‘‘(B) PROHIBITING ACCEPTANCE OF BAL11 LOTS TRANSMITTED ONLINE.—The voting sys12 tem may not accept any voted ballot which is 

13 transmitted to an election official online. 

14 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

15 contained in this paragraph shall be deemed to 

16 prohibit the Commission from conducting the 

17 studies under section 242 or to conduct other 

18 similar studies under any other provision of law 

19 in a manner consistent with this paragraph. 

20 ‘‘(11) SECURITY STANDARDS FOR VOTING SYS21 TEMS USED IN FEDERAL ELECTIONS.— 

22 ‘‘(A) IN GENERAL.—No voting system may 

23 be used in an election for Federal office unless 

24 the manufacturer of such system and the elec25 tion officials using such system meet the appliVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01066 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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•HR 5785 IH

1 cable requirements described in subparagraph 

2 (B). 

3 ‘‘(B) REQUIREMENTS DESCRIBED.—The 

4 requirements described in this subparagraph 

5 are as follows: 

6 ‘‘(i) The manufacturer and the elec7 tion officials shall document the secure 

8 chain of custody for the handling of all 

9 software, hardware, vote storage media, 

10 blank ballots, and completed ballots used 

11 in connection with voting systems, and 

12 shall make the information available upon 

13 request to the Commission. 

14 ‘‘(ii) The manufacturer shall disclose 

15 to an accredited laboratory under section 

16 231 and to the appropriate election official 

17 any information required to be disclosed 

18 under paragraph (8). 

19 ‘‘(iii) After the appropriate election 

20 official has certified the election-dedicated 

21 and other voting system software for use in 

22 an election, the manufacturer may not— 

23 ‘‘(I) alter such software; or 

24 ‘‘(II) insert or use in the voting 

25 system any software, software patch, 


pbinns on DSK79D2C42PROD with BILLS
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•HR 5785 IH

1 or other software modification not cer2 tified by the State for use in the elec3 tion. 

4 ‘‘(iv) At the request of the Commis5 sion— 

6 ‘‘(I) the appropriate election offi7 cial shall submit information to the 

8 Commission regarding the State’s 

9 compliance with this subparagraph; 

10 and 

11 ‘‘(II) the manufacturer shall sub12 mit information to the Commission re13 garding the manufacturer’s compli14 ance with this subparagraph. 

15 ‘‘(C) DEVELOPMENT AND PUBLICATION OF

16 BEST PRACTICES OF SECURE CHAIN OF CUS17 TODY.—Not later than August 1, 2019, the 

18 Commission shall develop and make publicly 

19 available best practices regarding the require20 ment of subparagraphs (B)(i) and (B)(iii), and 

21 in the case of subparagraph (B)(iii), shall in22 clude best practices for certifying software 

23 patches and minor software modifications under 

24 short deadlines. 


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•HR 5785 IH

1 ‘‘(D) DISCLOSURE OF SECURE CHAIN OF

2 CUSTODY.—The Commission shall make infor3 mation provided to the Commission under sub4 paragraph (B)(i) available to any person upon 

5 request. 

6 ‘‘(12) DURABILITY AND READABILITY REQUIRE7 MENTS FOR BALLOTS.— 

8 ‘‘(A) DURABILITY REQUIREMENTS FOR

9 PAPER BALLOTS.— 

10 ‘‘(i) IN GENERAL.—All voter-verified 

11 paper ballots required to be used under 

12 this Act shall be marked or printed on du13 rable paper. 

14 ‘‘(ii) DEFINITION.—For purposes of 

15 this Act, paper is ‘durable’ if it is capable 

16 of withstanding multiple counts and re17 counts by hand without compromising the 

18 fundamental integrity of the ballots, and 

19 capable of retaining the information 

20 marked or printed on them for the full du21 ration of a retention and preservation pe22 riod of 22 months. 

23 ‘‘(B) READABILITY REQUIREMENTS FOR

24 PAPER BALLOTS MARKED BY BALLOT MARKING

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•HR 5785 IH

1 pleted by the voter through the use of a ballot 

2 marking device shall be clearly readable by the 

3 voter without assistance (other than eyeglasses 

4 or other personal vision-enhancing devices) and 

5 by an optical character recognition device or 

6 other device equipped for individuals with dis7 abilities. 

8 ‘‘(13) REQUIREMENTS FOR PUBLICATION OF

9 POLL TAPES.— 

10 ‘‘(A) REQUIREMENTS.—Each State shall 

11 meet the following requirements: 

12 ‘‘(i) Upon the closing of the polls at 

13 each polling place, the appropriate election 

14 official, under the observation of the cer15 tified tabulation observers admitted to the 

16 polling place under subparagraph (E) (if 

17 any), shall announce the vote orally, post a 

18 copy of the poll tape reflecting the totals 

19 from each voting machine upon which 

20 votes were cast in the election at the poll21 ing place, and prepare and post a state22 ment of the total number of individuals 

23 who appeared at the polling place to cast 

24 ballots, determined by reference to the 

25 number of signatures in a sign-in book or 


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•HR 5785 IH

1 other similar independent count. Such offi2 cials shall ensure that each of the certified 

3 tabulation observers admitted to the poll4 ing place has full access to observe the 

5 process by which the poll tapes and state6 ment are produced and a reasonable period 

7 of time to review the poll tapes and state8 ment before the polling place is closed, and 

9 (if feasible) shall provide such observers 

10 with identical duplicate copies of the poll 

11 tapes and statement. 

12 ‘‘(ii) As soon as practicable, but in no 

13 event later than noon of the day following 

14 the date of the election, the appropriate 

15 election official shall display (at a promi16 nent location accessible to the public dur17 ing regular business hours and in or within 

18 reasonable proximity to the polling place) a 

19 copy of each poll tape and statement pre20 pared under clause (i), and the information 

21 shall be displayed on the official public 

22 Web sites of the applicable local election 

23 official and chief State election official, to24 gether with the name of the designated 

25 voting official who entered the information 


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•HR 5785 IH

1 and the date and time the information was 

2 entered. 

3 ‘‘(iii) Each Web site on which infor4 mation is posted under clause (ii) shall in5 clude information on the procedures by 

6 which discrepancies shall be reported to 

7 election officials. If any discrepancy exists 

8 between the posted information and the 

9 relevant poll tape or statement, the appro10 priate election official shall display infor11 mation on the discrepancy on the Web site 

12 on which the information is posted under 

13 clause (ii) not later than 24 hours after 

14 the official is made aware of the discrep15 ancy, and shall maintain the information 

16 on the discrepancy and its resolution (if 

17 applicable) on such website during the en18 tire period for which results of the election 

19 are typically maintained on such Web site. 

20 ‘‘(iv) The appropriate election official 

21 shall preserve archived copies of the poll 

22 tapes and statements prepared under 

23 clause (i) and reports of discrepancies filed 

24 by certified tabulation observers for the pe25 riod of time during which records and paVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01072 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 pers are required to be retained and pre2 served pursuant to title III of the Civil 

3 Rights Act of 1960 (42 U.S.C. 1974 et 

4 seq.) or for the same duration for which 

5 archived copies of other records of the elec6 tion are required to be preserved under ap7 plicable State law, whichever is longer. 

8 ‘‘(B) TREATMENT OF BALLOTS CAST AT

9 EARLY VOTING SITES.— 

10 ‘‘(i) APPLICATION.—The requirements 

11 of this subparagraph shall apply with re12 spect to poll tapes and statements of the 

13 number of voters who voted in person at 

14 designated sites prior to the date of the 

15 election. 

16 ‘‘(ii) DAILY COUNT OF VOTERS.—At 

17 the close of business on each day on which 

18 ballots described in clause (i) may be cast 

19 prior to the date of the election, the appro20 priate election official at each such site 

21 shall— 

22 ‘‘(I) under the observation of cer23 tified tabulation observers admitted to 

24 the site under subparagraph (E) (if 

25 any), prepare and post a statement of 


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•HR 5785 IH

1 the total number of individuals who 

2 appeared at the site to cast ballots, 

3 determined by reference to the num4 ber of signatures in a sign-in book or 

5 other similar independent count, and 

6 the total number of ballots cast (ex7 cluding information on the votes re8 ceived by individual candidates), and 

9 shall ensure that each of the certified 

10 tabulation observers admitted to the 

11 site has full access to observe the 

12 process by which the statement is pro13 duced and a reasonable period of time 

14 to review the statement before the site 

15 is closed; and 

16 ‘‘(II) display at the site during 

17 regular business hours for the dura18 tion of the early voting period a paper 

19 copy of the statement prepared under 

20 subclause (I). 

21 ‘‘(iii) APPLICATION OF GENERAL RE22 QUIREMENTS FOR POLL TAPES AND

23 STATEMENTS.—Upon the closing of the 

24 polls on the date of the election, the appro25 priate election official at each designated 


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•HR 5785 IH

1 site described in this subparagraph shall 

2 meet the requirements of subparagraph 

3 (A) (including requirements relating to the 

4 role of certified tabulation observers) in 

5 the same manner as an election official at 

6 a polling place. 

7 ‘‘(C) TREATMENT OF ABSENTEE BAL8 LOTS.— 

9 ‘‘(i) DAILY COUNT OF BALLOTS

10 MAILED AND RECEIVED.—At the close of 

11 each business day on which a State mails 

12 or accepts absentee ballots cast in an elec13 tion for Federal office prior to the date of 

14 the election, the appropriate election offi15 cial shall— 

16 ‘‘(I) under the observation of cer17 tified tabulation observers admitted 

18 under subparagraph (E) to the site at 

19 which the ballots are mailed and re20 ceived (if any), prepare and post a 

21 statement of the total number of ab22 sentee ballots mailed and received by 

23 the official during that day and a sep24 arate count of the number of absentee 

25 ballots received but rejected (sepaVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01075 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 rated into categories of the reasons 

2 for rejection), and ensure that each of 

3 the certified tabulation observers ad4 mitted to the site has full access to 

5 observe the process by which the 

6 statement is produced and a reason7 able period of time to review the 

8 statement before the site is closed; 

9 and 

10 ‘‘(II) display at the site during 

11 regular business hours for the dura12 tion of the period during which absen13 tee ballots are processed a paper copy 

14 of the statement prepared under sub15 clause (I). 

16 ‘‘(ii) APPLICATION OF GENERAL RE17 QUIREMENTS FOR POLL TAPES AND

18 STATEMENTS.—At the close of business on 

19 the last day on which absentee ballots are 

20 counted prior to the certification of the 

21 election, the appropriate election official at 

22 the site at which absentee ballots are re23 ceived and counted shall meet the require24 ments of subparagraph (A) (including re25 quirements relating to the role of certified 


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•HR 5785 IH

1 tabulation observers) in the same manner 

2 as an election official at a polling place. 

3 ‘‘(D) DAILY COUNT OF PROVISIONAL BAL4 LOTS.—At the close of business on the day on 

5 which the appropriate election official deter6 mines whether or not provisional ballots cast in 

7 an election for Federal office will be counted as 

8 votes in the election (as described in section 

9 302(a)(4)), the official shall— 

10 ‘‘(i) under the observation of certified 

11 tabulation observers admitted under sub12 paragraph (E) to the site at which the de13 termination is made (if any), prepare and 

14 post a statement of the number of such 

15 ballots for which a determination was 

16 made, the number of ballots counted, and 

17 the number of ballots rejected (separated 

18 into categories of the reason for the rejec19 tion), and ensure that each of the certified 

20 tabulation observers admitted to the site 

21 has full access to observe the process by 

22 which the statement is produced and a rea23 sonable period of time to review the state24 ment before the site is closed; and 


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•HR 5785 IH

1 ‘‘(ii) display at the site during regular 

2 business hours for the duration of the pe3 riod during which provisional ballots are 

4 processed a paper copy of the statement 

5 prepared under clause (i). 

6 ‘‘(E) ADMISSION OF CERTIFIED TABULA7 TION OBSERVERS.— 

8 ‘‘(i) CERTIFIED TABULATION OB9 SERVER DEFINED.—In this paragraph, a 

10 ‘certified tabulation observer’ is an indi11 vidual who is certified by an appropriate 

12 election official as authorized to carry out 

13 the responsibilities of a certified tabulation 

14 observer under this paragraph. 

15 ‘‘(ii) SELECTION.—In determining 

16 which individuals to certify as tabulation 

17 observers and admit to a polling place or 

18 other location to serve as certified tabula19 tion observers with respect to an election 

20 for Federal office, the election official shall 

21 give preference to individuals who are af22 filiated with a candidate in the election, ex23 cept that— 

24 ‘‘(I) the number of individuals 

25 admitted who are affiliated with the 


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•HR 5785 IH

1 same candidate for Federal office may 

2 not exceed one; and 

3 ‘‘(II) the maximum number of in4 dividuals who may be admitted shall 

5 equal the number of candidates in the 

6 election plus 3, or such greater num7 ber as may be authorized under State 

8 law. 

9 ‘‘(iii) NO EFFECT ON ADMISSION OF

10 OTHER OBSERVERS.—Nothing in this sub11 paragraph may be construed to limit or 

12 otherwise affect the authority of other indi13 viduals to enter and observe polling place 

14 operations under any other law, including 

15 international observers authorized under 

16 any treaty or observers of the Federal Gov17 ernment authorized under the Voting 

18 Rights Act of 1965. 

19 ‘‘(F) NO EFFECT ON OTHER TABULATION

20 REQUIREMENTS.—Nothing in this Act may be 

21 construed to supersede any requirement that an 

22 election official at a polling place report vote to23 tals to a central tabulation facility and address 

24 discrepancies the official finds in the aggrega25 tion of those totals with other vote totals.’’. 


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•HR 5785 IH

1 (b) REQUIRING LABORATORIES TO MEET STAND2 ARDS PROHIBITING CONFLICTS OF INTEREST AS CONDI3 TION OF ACCREDITATION FOR TESTING OF VOTING SYS4 TEM HARDWARE AND SOFTWARE.— 

5 (1) IN GENERAL.—Section 231(b) of such Act 

6 (52 U.S.C. 20971(b)) is amended by adding at the 

7 end the following new paragraphs: 

8 ‘‘(3) PROHIBITING CONFLICTS OF INTEREST; 

9 ENSURING AVAILABILITY OF RESULTS.— 

10 ‘‘(A) IN GENERAL.—A laboratory may not 

11 be accredited by the Commission for purposes 

12 of this section unless— 

13 ‘‘(i) the laboratory certifies that the 

14 only compensation it receives for the test15 ing carried out in connection with the cer16 tification, decertification, and recertifi17 cation of the manufacturer’s voting system 

18 hardware and software is the payment 

19 made from the Testing Escrow Account 

20 under paragraph (4); 

21 ‘‘(ii) the laboratory meets such stand22 ards as the Commission shall establish 

23 (after notice and opportunity for public 

24 comment) to prevent the existence or ap25 pearance of any conflict of interest in the 


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•HR 5785 IH

1 testing carried out by the laboratory under 

2 this section, including standards to ensure 

3 that the laboratory does not have a finan4 cial interest in the manufacture, sale, and 

5 distribution of voting system hardware and 

6 software, and is sufficiently independent 

7 from other persons with such an interest; 

8 ‘‘(iii) the laboratory certifies that it 

9 will permit an expert designated by the 

10 Commission or by the State requiring cer11 tification of the system being tested to ob12 serve any testing the laboratory carries out 

13 under this section; and 

14 ‘‘(iv) the laboratory, upon completion 

15 of any testing carried out under this sec16 tion, discloses the test protocols, results, 

17 and all communication between the labora18 tory and the manufacturer to the Commis19 sion. 

20 ‘‘(B) AVAILABILITY OF RESULTS.—Upon 

21 receipt of information under subparagraph (A), 

22 the Commission shall make the information 

23 available promptly to election officials and the 

24 public. 


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•HR 5785 IH

1 ‘‘(4) PROCEDURES FOR CONDUCTING TESTING; 

2 PAYMENT OF USER FEES FOR COMPENSATION OF

3 ACCREDITED LABORATORIES.— 

4 ‘‘(A) ESTABLISHMENT OF ESCROW AC5 COUNT.—The Commission shall establish an es6 crow account (to be known as the Testing Es7 crow Account) for making payments to accred8 ited laboratories for the costs of the testing car9 ried out in connection with the certification, de10 certification, and recertification of voting sys11 tem hardware and software. 

12 ‘‘(B) SCHEDULE OF FEES.—In consulta13 tion with the accredited laboratories, the Com14 mission shall establish and regularly update a 

15 schedule of fees for the testing carried out in 

16 connection with the certification, decertification, 

17 and recertification of voting system hardware 

18 and software, based on the reasonable costs ex19 pected to be incurred by the accredited labora20 tories in carrying out the testing for various 

21 types of hardware and software. 

22 ‘‘(C) REQUESTS AND PAYMENTS BY MANU23 FACTURERS.—A manufacturer of voting system 

24 hardware and software may not have the hardVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 ware or software tested by an accredited labora2 tory under this section unless— 

3 ‘‘(i) the manufacturer submits a de4 tailed request for the testing to the Com5 mission; and 

6 ‘‘(ii) the manufacturer pays to the 

7 Commission, for deposit into the Testing 

8 Escrow Account established under sub9 paragraph (A), the applicable fee under the 

10 schedule established and in effect under 

11 subparagraph (B). 

12 ‘‘(D) SELECTION OF LABORATORY.—Upon 

13 receiving a request for testing and the payment 

14 from a manufacturer required under subpara15 graph (C), the Commission shall select, from all 

16 laboratories which are accredited under this 

17 section to carry out the specific testing re18 quested by the manufacturer, an accredited lab19 oratory to carry out the testing. 

20 ‘‘(E) PAYMENTS TO LABORATORIES.— 

21 Upon receiving a certification from a laboratory 

22 selected to carry out testing pursuant to sub23 paragraph (D) that the testing is completed, 

24 along with a copy of the results of the test as 

25 required under paragraph (3)(A)(iv), the ComVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01083 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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•HR 5785 IH

1 mission shall make a payment to the laboratory 

2 from the Testing Escrow Account established 

3 under subparagraph (A) in an amount equal to 

4 the applicable fee paid by the manufacturer 

5 under subparagraph (C)(ii). 

6 ‘‘(5) DISSEMINATION OF ADDITIONAL INFORMA7 TION ON ACCREDITED LABORATORIES.— 

8 ‘‘(A) INFORMATION ON TESTING.—Upon 

9 completion of the testing of a voting system 

10 under this section, the Commission shall 

11 promptly disseminate to the public the identi12 fication of the laboratory which carried out the 

13 testing. 

14 ‘‘(B) INFORMATION ON STATUS OF LAB15 ORATORIES.—The Commission shall promptly 

16 notify Congress, the chief State election official 

17 of each State, and the public whenever— 

18 ‘‘(i) the Commission revokes, termi19 nates, or suspends the accreditation of a 

20 laboratory under this section; 

21 ‘‘(ii) the Commission restores the ac22 creditation of a laboratory under this sec23 tion which has been revoked, terminated, 

24 or suspended; or 


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1 ‘‘(iii) the Commission has credible evi2 dence of significant security failure at an 

3 accredited laboratory.’’. 

4 (2) CONFORMING AMENDMENTS.—Section 231 

5 of such Act (52 U.S.C. 20971) is further amended— 

6 (A) in subsection (a)(1), by striking ‘‘test7 ing, certification,’’ and all that follows and in8 serting the following: ‘‘testing of voting system 

9 hardware and software by accredited labora10 tories in connection with the certification, de11 certification, and recertification of the hardware 

12 and software for purposes of this Act.’’; 

13 (B) in subsection (a)(2), by striking ‘‘test14 ing, certification,’’ and all that follows and in15 serting the following: ‘‘testing of its voting sys16 tem hardware and software by the laboratories 

17 accredited by the Commission under this section 

18 in connection with certifying, decertifying, and 

19 recertifying the hardware and software.’’; 

20 (C) in subsection (b)(1), by striking ‘‘test21 ing, certification, decertification, and recertifi22 cation’’ and inserting ‘‘testing’’; and 

23 (D) in subsection (d), by striking ‘‘testing, 

24 certification, decertification, and recertification’’ 

25 each place it appears and inserting ‘‘testing’’. 


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1 (3) DEADLINE FOR ESTABLISHMENT OF

2 STANDARDS, ESCROW ACCOUNT, AND SCHEDULE OF

3 FEES.—The Election Assistance Commission shall 

4 establish the standards described in section 

5 231(b)(3) of the Help America Vote Act of 2002 

6 and the Testing Escrow Account and schedule of 

7 fees described in section 231(b)(4) of such Act (as 

8 added by paragraph (1)) not later than January 1, 

9 2019. 

10 (4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There are authorized to be appropriated to the Elec12 tion Assistance Commission such sums as may be 

13 necessary to carry out the Commission’s duties 

14 under paragraphs (3) and (4) of section 231 of the 

15 Help America Vote Act of 2002 (as added by para16 graph (1)). 

17 (c) GRANTS FOR RESEARCH ON DEVELOPMENT OF

18 ELECTION-DEDICATED VOTING SYSTEM SOFTWARE.— 

19 (1) IN GENERAL.—Subtitle D of title II of the 

20 Help America Vote Act of 2002 (52 U.S.C. 21001 

21 et seq.) is amended by adding at the end the fol22 lowing new part: 


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1 ‘‘PART 7—GRANTS FOR RESEARCH ON DEVELOP2 MENT OF ELECTION-DEDICATED VOTING 

3 SYSTEM SOFTWARE 

4 ‘‘SEC. 297. GRANTS FOR RESEARCH ON DEVELOPMENT OF 

5 ELECTION-DEDICATED VOTING SYSTEM 

6 SOFTWARE. 

7 ‘‘(a) IN GENERAL.—The Director of the National 

8 Science Foundation (hereafter in this part referred to as 

9 the ‘Director’) shall make grants to not fewer than 3 eligi10 ble entities to conduct research on the development of elec11 tion-dedicated voting system software. 

12 ‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 

13 grant under this part if it submits to the Director (at such 

14 time and in such form as the Director may require) an 

15 application containing— 

16 ‘‘(1) certifications regarding the benefits of op17 erating voting systems on election-dedicated software 

18 which is easily understandable and which is written 

19 exclusively for the purpose of conducting elections; 

20 ‘‘(2) certifications that the entity will use the 

21 funds provided under the grant to carry out research 

22 on how to develop voting systems that run on elec23 tion-dedicated software and that will meet the appli24 cable requirements for voting systems under title III; 

25 and 


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1 ‘‘(3) such other information and certifications 

2 as the Director may require. 

3 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech4 nology developed with the grants made under this section 

5 shall be treated as nonproprietary and shall be made avail6 able to the public, including to manufacturers of voting 

7 systems. 

8 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

9 is authorized to be appropriated for grants under this sec10 tion $1,500,000 for each of fiscal years 2018 and 2019, 

11 to remain available until expended.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents of such Act is amended by adding at the end 

14 of the items relating to subtitle D of title II the fol15 lowing: 

‘‘PART 7—GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTIONDEDICATED VOTING SYSTEM SOFTWARE

‘‘Sec. 297. Grants for research on development of election-dedicated voting system software.’’. 

16 SEC. 8604. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

17 Section 301(d) of the Help America Vote Act of 2002 

18 (52 U.S.C. 21081(d)) is amended to read as follows: 

19 ‘‘(d) EFFECTIVE DATE.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), each State and jurisdiction shall be re22 quired to comply with the requirements of this sec23 tion on and after January 1, 2006. 


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1 ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE2 MENTS.— 

3 ‘‘(A) IN GENERAL.—Except as provided in 

4 subparagraphs (B) and (C), the requirements of 

5 this section which are first imposed on a State 

6 and jurisdiction pursuant to the amendments 

7 made by title I of the Voter Confidence and In8 creased Accessibility Act of 2018 shall apply 

9 with respect to voting systems used for any 

10 election for Federal office held in 2024 or any 

11 succeeding year. 

12 ‘‘(B) DELAY FOR JURISDICTIONS USING

13 CERTAIN PAPER RECORD PRINTERS OR CERTAIN

14 SYSTEMS USING OR PRODUCING VOTER15 VERIFIABLE PAPER RECORDS IN 2022.— 

16 ‘‘(i) DELAY.—In the case of a juris17 diction described in clause (ii), subpara18 graph (A) shall apply to a voting system in 

19 the jurisdiction as if the reference in such 

20 subparagraph to ‘2024’ were a reference to 

21 ‘2026’, but only with respect to the fol22 lowing requirements of this section: 

23 ‘‘(I) Paragraph (2)(A)(i)(I) of 

24 subsection (a) (relating to the use of 

25 voter-marked paper ballots). 


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1 ‘‘(II) Paragraph (3)(B)(ii)(I) and 

2 (II) of subsection (a) (relating to ac3 cess to verification from and casting 

4 of the durable paper ballot). 

5 ‘‘(III) Paragraph (7) of sub6 section (a) (relating to durability and 

7 readability requirements for ballots). 

8 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

9 jurisdiction described in this clause is a ju10 risdiction— 

11 ‘‘(I) which used voter verifiable 

12 paper record printers attached to di13 rect recording electronic voting ma14 chines, or which used other voting 

15 systems that used or produced paper 

16 records of the vote verifiable by voters 

17 but that are not in compliance with 

18 paragraphs (2)(A)(i)(I), (3)(B)(ii)(I) 

19 and (II), and (7) of subsection (a) (as 

20 amended or added by the Voter Con21 fidence and Increased Accessibility 

22 Act of 2018), for the administration 

23 of the regularly scheduled general 

24 election for Federal office held in No25 vember 2022; and 


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1 ‘‘(II) which will continue to use 

2 such printers or systems for the ad3 ministration of elections for Federal 

4 office held in years before 2024. 

5 ‘‘(iii) MANDATORY AVAILABILITY OF

6 PAPER BALLOTS AT POLLING PLACES

7 USING GRANDFATHERED PRINTERS AND

8 SYSTEMS.— 

9 ‘‘(I) REQUIRING BALLOTS TO BE

10 OFFERED AND PROVIDED.—The ap11 propriate election official at each poll12 ing place that uses a printer or sys13 tem described in clause (ii)(I) for the 

14 administration of elections for Federal 

15 office shall offer each individual who 

16 is eligible to cast a vote in the election 

17 at the polling place the opportunity to 

18 cast the vote using a blank pre-print19 ed paper ballot which the individual 

20 may mark by hand and which is not 

21 produced by the direct recording elec22 tronic voting machine or other such 

23 system. The official shall provide the 

24 individual with the ballot and the sup25 plies necessary to mark the ballot, and 


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1 shall ensure (to the greatest extent 

2 practicable) that the waiting period 

3 for the individual to cast a vote is the 

4 lesser of 30 minutes or the average 

5 waiting period for an individual who 

6 does not agree to cast the vote using 

7 such a paper ballot under this clause. 

8 ‘‘(II) TREATMENT OF BALLOT.— 

9 Any paper ballot which is cast by an 

10 individual under this clause shall be 

11 counted and otherwise treated as a 

12 regular ballot for all purposes (includ13 ing by incorporating it into the final 

14 unofficial vote count (as defined by 

15 the State) for the precinct) and not as 

16 a provisional ballot, unless the indi17 vidual casting the ballot would have 

18 otherwise been required to cast a pro19 visional ballot. 

20 ‘‘(III) POSTING OF NOTICE.— 

21 The appropriate election official shall 

22 ensure there is prominently displayed 

23 at each polling place a notice that de24 scribes the obligation of the official to 

25 offer individuals the opportunity to 


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1 cast votes using a pre-printed blank 

2 paper ballot. 

3 ‘‘(IV) TRAINING OF ELECTION

4 OFFICIALS.—The chief State election 

5 official shall ensure that election offi6 cials at polling places in the State are 

7 aware of the requirements of this 

8 clause, including the requirement to 

9 display a notice under subclause (III), 

10 and are aware that it is a violation of 

11 the requirements of this title for an 

12 election official to fail to offer an indi13 vidual the opportunity to cast a vote 

14 using a blank pre-printed paper ballot. 

15 ‘‘(V) PERIOD OF APPLICA16 BILITY.—The requirements of this 

17 clause apply only during the period in 

18 which the delay is in effect under 

19 clause (i). 

20 ‘‘(C) SPECIAL RULE FOR JURISDICTIONS

21 USING CERTAIN NONTABULATING BALLOT

22 MARKING DEVICES.—In the case of a jurisdic23 tion which uses a nontabulating ballot marking 

24 device which automatically deposits the ballot 

25 into a privacy sleeve, subparagraph (A) shall 


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1 apply to a voting system in the jurisdiction as 

2 if the reference in such subparagraph to ‘any 

3 election for Federal office held in 2024 or any 

4 succeeding year’ were a reference to ‘elections 

5 for Federal office occurring held in 2026 or 

6 each succeeding year’, but only with respect to 

7 paragraph (3)(B)(ii)(II) of subsection (a) (re8 lating to nonmanual casting of the durable 

9 paper ballot).’’. 

10 PART 2—REQUIREMENT FOR MANDATORY 

11 MANUAL AUDITS BY HAND COUNT 

12 SEC. 8611. MANDATORY MANUAL AUDITS. 

13 Title III of the Help America Vote Act of 2002 (52 

14 U.S.C. 21081 et seq.) is amended by adding at the end 

15 the following new subtitle: 

16 ‘‘Subtitle C—Mandatory Manual 

17 Audits 

18 ‘‘SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS. 

19 ‘‘(a) REQUIRING AUDITS.— 

20 ‘‘(1) IN GENERAL.—In accordance with this 

21 subtitle, each State shall administer, without ad22 vance notice to the precincts or alternative audit 

23 units selected, audits of the results of all elections 

24 for Federal office held in the State (and, at the op25 tion of the State or jurisdiction involved, of elections 


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1 for State and local office held at the same time as 

2 such election) consisting of random hand counts of 

3 the voter-verified paper ballots required to be used 

4 and preserved pursuant to section 301(a)(2). 

5 ‘‘(2) EXCEPTION FOR CERTAIN ELECTIONS.—A 

6 State shall not be required to administer an audit of 

7 the results of an election for Federal office under 

8 this subtitle if the winning candidate in the elec9 tion— 

10 ‘‘(A) had no opposition on the ballot; or 

11 ‘‘(B) received 80 percent or more of the 

12 total number of votes cast in the election, as de13 termined on the basis of the final unofficial vote 

14 count. 

15 ‘‘(b) DETERMINATION OF ENTITY CONDUCTING AU16 DITS; APPLICATION OF GAO INDEPENDENCE STAND17 ARDS.—The State shall administer audits under this sub18 title through an entity selected for such purpose by the 

19 State in accordance with such criteria as the State con20 siders appropriate consistent with the requirements of this 

21 subtitle, except that the entity must meet the general 

22 standards established by the Comptroller General and as 

23 set forth in the Comptroller General’s Government Audit24 ing Standards to ensure the independence (including, ex25 cept as provided under section 323(b), the organizational 


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1 independence) of entities performing financial audits, at2 testation engagements, and performance audits. 

3 ‘‘(c) REFERENCES TO ELECTION AUDITOR.—In this 

4 subtitle, the term ‘Election Auditor’ means, with respect 

5 to a State, the entity selected by the State under sub6 section (b). 

7 ‘‘SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT. 

8 ‘‘(a) IN GENERAL.—Except as provided in subsection 

9 (b), the number of voter-verified paper ballots which will 

10 be subject to a hand count administered by the Election 

11 Auditor of a State under this subtitle with respect to an 

12 election shall be determined as follows: 

13 ‘‘(1) In the event that the unofficial count as 

14 described in section 323(a)(1) reveals that the mar15 gin of victory between the two candidates receiving 

16 the largest number of votes in the election is less 

17 than 1 percent of the total votes cast in that elec18 tion, the hand counts of the voter-verified paper bal19 lots shall occur in at least 10 percent of all precincts 

20 or equivalent locations (or alternative audit units 

21 used in accordance with the method provided for 

22 under subsection (b)) in the Congressional district 

23 involved (in the case of an election for the House of 

24 Representatives) or the State (in the case of any 

25 other election for Federal office). 


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1 ‘‘(2) In the event that the unofficial count as 

2 described in section 323(a)(1) reveals that the mar3 gin of victory between the two candidates receiving 

4 the largest number of votes in the election is greater 

5 than or equal to 1 percent but less than 2 percent 

6 of the total votes cast in that election, the hand 

7 counts of the voter-verified paper ballots shall occur 

8 in at least 5 percent of all precincts or equivalent lo9 cations (or alternative audit units used in accord10 ance with the method provided for under subsection 

11 (b)) in the Congressional district involved (in the 

12 case of an election for the House of Representatives) 

13 or the State (in the case of any other election for 

14 Federal office). 

15 ‘‘(3) In the event that the unofficial count as 

16 described in section 323(a)(1) reveals that the mar17 gin of victory between the two candidates receiving 

18 the largest number of votes in the election is equal 

19 to or greater than 2 percent of the total votes cast 

20 in that election, the hand counts of the voter-verified 

21 paper ballots shall occur in at least 3 percent of all 

22 precincts or equivalent locations (or alternative audit 

23 units used in accordance with the method provided 

24 for under subsection (b)) in the Congressional dis25 trict involved (in the case of an election for the 


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1 House of Representatives) or the State (in the case 

2 of any other election for Federal office). 

3 ‘‘(b) USE OF ALTERNATIVE MECHANISM.— 

4 ‘‘(1) PERMITTING USE OF ALTERNATIVE MECH5 ANISM.—Notwithstanding subsection (a), a State 

6 may adopt and apply an alternative mechanism to 

7 determine the number of voter-verified paper ballots 

8 which will be subject to the hand counts required 

9 under this subtitle with respect to an election, so 

10 long as the alternative mechanism uses the voter11 verified paper ballots to conduct the audit and the 

12 National Institute of Standards and Technology de13 termines that the alternative mechanism is in ac14 cordance with the principles set forth in paragraph 

15 (2). 

16 ‘‘(2) PRINCIPLES FOR APPROVAL.—In approv17 ing an alternative mechanism under paragraph (1), 

18 the National Institute of Standards and Technology 

19 shall ensure that the audit procedure will have the 

20 property that for each election— 

21 ‘‘(A) the alternative mechanism will be at 

22 least as statistically effective in ensuring the ac23 curacy of the election results as the procedures 

24 under this subtitle; or 


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1 ‘‘(B) the alternative mechanism will 

2 achieve at least a 95% confidence interval (as 

3 determined in accordance with criteria set forth 

4 by the National Institute of Standards and 

5 Technology) with respect to the outcome of the 

6 election. 

7 ‘‘(3) DEADLINE FOR RESPONSE.—The Director 

8 of the National Institute of Standards and Tech9 nology shall make a determination regarding a 

10 State’s request to approve an alternative mechanism 

11 under paragraph (1) not later than 30 days after re12 ceiving the State’s request. 

13 ‘‘SEC. 323. PROCESS FOR ADMINISTERING AUDITS. 

14 ‘‘(a) IN GENERAL.—The Election Auditor of a State 

15 shall administer an audit under this section of the results 

16 of an election in accordance with the following procedures: 

17 ‘‘(1) Within 24 hours after the State announces 

18 the final unofficial vote count (as defined by the 

19 State) in each precinct in the State, the Election 

20 Auditor shall— 

21 ‘‘(A) determine and then announce the 

22 precincts or equivalent locations (or alternative 

23 audit units used in accordance with the method 

24 provided under section 322(b)) in the State in 

25 which it will administer the audits; and 


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1 ‘‘(B) with respect to votes cast at the pre2 cinct or equivalent location on or before the 

3 date of the election (other than provisional bal4 lots described in paragraph (2)), begin to ad5 minister the hand count of the votes on the 

6 voter-verified paper ballots required to be used 

7 and preserved under section 301(a)(2)(A) and 

8 the comparison of the count of the votes on 

9 those ballots with the final unofficial count of 

10 such votes as announced by the State. 

11 ‘‘(2) With respect to votes cast other than at 

12 the precinct on the date of the election (other than 

13 votes cast before the date of the election described 

14 in paragraph (2)) or votes cast by provisional ballot 

15 on the date of the election which are certified and 

16 counted by the State on or after the date of the elec17 tion, including votes cast by absent uniformed serv18 ices voters and overseas voters under the Uniformed 

19 and Overseas Citizens Absentee Voting Act, the 

20 Election Auditor shall administer the hand count of 

21 the votes on the applicable voter-verified paper bal22 lots required to be produced and preserved under 

23 section 301(a)(2)(A) and the comparison of the 

24 count of the votes on those ballots with the final unVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01100 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 official count of such votes as announced by the 

2 State. 

3 ‘‘(b) USE OF PERSONNEL.—In administering the au4 dits, the Election Auditor may utilize the services of the 

5 personnel of the State or jurisdiction, including election 

6 administration personnel and poll workers, without regard 

7 to whether or not the personnel have professional auditing 

8 experience. 

9 ‘‘(c) LOCATION.—The Election Auditor shall admin10 ister an audit of an election— 

11 ‘‘(1) at the location where the ballots cast in 

12 the election are stored and counted after the date of 

13 the election or such other appropriate and secure lo14 cation agreed upon by the Election Auditor and the 

15 individual that is responsible under State law for the 

16 custody of the ballots; and 

17 ‘‘(2) in the presence of the personnel who under 

18 State law are responsible for the custody of the bal19 lots. 

20 ‘‘(d) SPECIAL RULE IN CASE OF DELAY IN REPORT21 ING ABSENTEE VOTE COUNT.—In the case of a State in 

22 which the final count of absentee and provisional votes is 

23 not announced until after the date of the election, the 

24 Election Auditor shall initiate the process described in 

25 subsection (a) for administering the audit not later than 


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1 24 hours after the State announces the final unofficial 

2 vote count for the votes cast at the precinct or equivalent 

3 location on or before the date of the election, and shall 

4 initiate the administration of the audit of the absentee and 

5 provisional votes pursuant to subsection (a)(2) not later 

6 than 24 hours after the State announces the final unoffi7 cial count of such votes. 

8 ‘‘(e) ADDITIONAL AUDITS IF CAUSE SHOWN.— 

9 ‘‘(1) IN GENERAL.—If the Election Auditor 

10 finds that any of the hand counts administered 

11 under this section do not match the final unofficial 

12 tally of the results of an election, the Election Audi13 tor shall administer hand counts under this section 

14 of such additional precincts (or alternative audit 

15 units) as the Election Auditor considers appropriate 

16 to resolve any concerns resulting from the audit and 

17 ensure the accuracy of the election results. 

18 ‘‘(2) ESTABLISHMENT AND PUBLICATION OF

19 PROCEDURES GOVERNING ADDITIONAL AUDITS.— 

20 Not later than August 1, 2023, each State shall es21 tablish and publish procedures for carrying out the 

22 additional audits under this subsection, including the 

23 means by which the State shall resolve any concerns 

24 resulting from the audit with finality and ensure the 

25 accuracy of the election results. 


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1 ‘‘(f) PUBLIC OBSERVATION OF AUDITS.—Each audit 

2 conducted under this section shall be conducted in a man3 ner that allows public observation of the entire process. 

4 ‘‘SEC. 324. SELECTION OF PRECINCTS. 

5 ‘‘(a) IN GENERAL.—Except as provided in subsection 

6 (c), the selection of the precincts or alternative audit units 

7 in the State in which the Election Auditor of the State 

8 shall administer the hand counts under this subtitle shall 

9 be made by the Election Auditor on a random basis, in 

10 accordance with procedures adopted by the National Insti11 tute of Standards and Technology, except that at least one 

12 precinct shall be selected at random in each county, with 

13 additional precincts selected by the Election Auditor at the 

14 Auditor’s discretion. 

15 ‘‘(b) PUBLIC SELECTION.—The random selection of 

16 precincts under subsection (a) shall be conducted in pub17 lic, at a time and place announced in advance. 

18 ‘‘(c) MANDATORY SELECTION OF PRECINCTS ESTAB19 LISHED SPECIFICALLY FOR ABSENTEE BALLOTS.—If a 

20 State does not sort absentee ballots by precinct and in21 clude those ballots in the hand count with respect to that 

22 precinct, the State shall create absentee ballot precincts 

23 or audit units which are of similar size to the average pre24 cinct or audit unit in the jurisdiction being audited, and 

25 shall include those absentee precincts or audit units 


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1 among the precincts in the State in which the Election 

2 Auditor shall administer the hand counts under this sub3 title. 

4 ‘‘(d) DEADLINE FOR ADOPTION OF PROCEDURES BY

5 NIST.—The National Institute of Standards and Tech6 nology shall adopt the procedures described in subsection 

7 (a) not later than March 31, 2023, and shall publish them 

8 in the Federal Register upon adoption. 

9 ‘‘SEC. 325. PUBLICATION OF RESULTS. 

10 ‘‘(a) SUBMISSION TO COMMISSION.—As soon as prac11 ticable after the completion of an audit under this subtitle, 

12 the Election Auditor of a State shall submit to the Com13 mission the results of the audit, and shall include in the 

14 submission a comparison of the results of the election in 

15 the precinct as determined by the Election Auditor under 

16 the audit and the final unofficial vote count in the precinct 

17 as announced by the State and all undervotes, overvotes, 

18 blank ballots, and spoiled, voided, or cancelled ballots, as 

19 well as a list of any discrepancies discovered between the 

20 initial, subsequent, and final hand counts administered by 

21 the Election Auditor and such final unofficial vote count 

22 and any explanation for such discrepancies, broken down 

23 by the categories of votes described in paragraphs (1)(B) 

24 and (2) of section 323(a). 


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1 ‘‘(b) PUBLICATION BY COMMISSION.—Immediately 

2 after receiving the submission of the results of an audit 

3 from the Election Auditor of a State under subsection (a), 

4 the Commission shall publicly announce and publish the 

5 information contained in the submission. 

6 ‘‘(c) DELAY IN CERTIFICATION OF RESULTS BY

7 STATE.— 

8 ‘‘(1) PROHIBITING CERTIFICATION UNTIL COM9 PLETION OF AUDITS.—No State may certify the re10 sults of any election which is subject to an audit 

11 under this subtitle prior to— 

12 ‘‘(A) to the completion of the audit (and, 

13 if required, any additional audit conducted 

14 under section 323(e)(1)) and the announcement 

15 and submission of the results of each such audit 

16 to the Commission for publication of the infor17 mation required under this section; and 

18 ‘‘(B) the completion of any procedure es19 tablished by the State pursuant to section 

20 323(e)(2) to resolve discrepancies and ensure 

21 the accuracy of results. 

22 ‘‘(2) DEADLINE FOR COMPLETION OF AUDITS

23 OF PRESIDENTIAL ELECTIONS.—In the case of an 

24 election for electors for President and Vice President 

25 which is subject to an audit under this subtitle, the 


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1 State shall complete the audits and announce and 

2 submit the results to the Commission for publication 

3 of the information required under this section in 

4 time for the State to certify the results of the elec5 tion and provide for the final determination of any 

6 controversy or contest concerning the appointment 

7 of such electors prior to the deadline described in 

8 section 6 of title 3, United States Code. 

9 ‘‘SEC. 326. PAYMENTS TO STATES. 

10 ‘‘(a) PAYMENTS FOR COSTS OF CONDUCTING AU11 DITS.—In accordance with the requirements and proce12 dures of this section, the Commission shall make a pay13 ment to a State to cover the costs incurred by the State 

14 in carrying out this subtitle with respect to the elections 

15 that are the subject of the audits conducted under this 

16 subtitle. 

17 ‘‘(b) CERTIFICATION OF COMPLIANCE AND ANTICI18 PATED COSTS.— 

19 ‘‘(1) CERTIFICATION REQUIRED.—In order to 

20 receive a payment under this section, a State shall 

21 submit to the Commission, in such form as the Com22 mission may require, a statement containing— 

23 ‘‘(A) a certification that the State will con24 duct the audits required under this subtitle in 


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1 accordance with all of the requirements of this 

2 subtitle; 

3 ‘‘(B) a notice of the reasonable costs in4 curred or the reasonable costs anticipated to be 

5 incurred by the State in carrying out this sub6 title with respect to the elections involved; and 

7 ‘‘(C) such other information and assur8 ances as the Commission may require. 

9 ‘‘(2) AMOUNT OF PAYMENT.—The amount of a 

10 payment made to a State under this section shall be 

11 equal to the reasonable costs incurred or the reason12 able costs anticipated to be incurred by the State in 

13 carrying out this subtitle with respect to the elec14 tions involved, as set forth in the statement sub15 mitted under paragraph (1). 

16 ‘‘(3) TIMING OF NOTICE.—The State may not 

17 submit a notice under paragraph (1) until can18 didates have been selected to appear on the ballot 

19 for all of the elections for Federal office which will 

20 be the subject of the audits involved. 

21 ‘‘(c) TIMING OF PAYMENTS.—The Commission shall 

22 make the payment required under this section to a State 

23 not later than 30 days after receiving the notice submitted 

24 by the State under subsection (b). 


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1 ‘‘(d) RECOUPMENT OF OVERPAYMENTS.—No pay2 ment may be made to a State under this section unless 

3 the State agrees to repay to the Commission the excess 

4 (if any) of— 

5 ‘‘(1) the amount of the payment received by the 

6 State under this section with respect to the elections 

7 involved; over 

8 ‘‘(2) the actual costs incurred by the State in 

9 carrying out this subtitle with respect to the elec10 tions involved. 

11 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to the Commission for 

13 fiscal year 2022 and each succeeding fiscal year 

14 $100,000,000 for payments under this section. 

15 ‘‘SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RE16 COUNT UNDER STATE LAW PRIOR TO CER17 TIFICATION. 

18 ‘‘(a) EXCEPTION.—This subtitle does not apply to 

19 any election for which a recount under State law will com20 mence prior to the certification of the results of the elec21 tion, including but not limited to a recount required auto22 matically because of the margin of victory between the 2 

23 candidates receiving the largest number of votes in the 

24 election, but only if each of the following applies to the 

25 recount: 


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1 ‘‘(1) The recount commences prior to the deter2 mination and announcement by the Election Auditor 

3 under section 323(a)(1) of the precincts in the State 

4 in which it will administer the audits under this sub5 title. 

6 ‘‘(2) If the recount would apply to fewer than 

7 100 percent of the ballots cast in the election— 

8 ‘‘(A) the number of ballots counted will be 

9 at least as many as would be counted if an 

10 audit were conducted with respect to the elec11 tion in accordance with this subtitle; and 

12 ‘‘(B) the selection of the precincts in which 

13 the recount will be conducted will be made in 

14 accordance with the random selection proce15 dures applicable under section 324. 

16 ‘‘(3) The recount for the election meets the re17 quirements of section 323(f) (relating to public ob18 servation). 

19 ‘‘(4) The State meets the requirements of sec20 tion 325 (relating to the publication of results and 

21 the delay in the certification of results) with respect 

22 to the recount. 

23 ‘‘(b) CLARIFICATION OF EFFECT ON OTHER RE24 QUIREMENTS.—Nothing in this section may be construed 

25 to waive the application of any other provision of this Act 


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1 to any election (including the requirement set forth in sec2 tion 301(a)(2) that the voter verified paper ballots serve 

3 as the vote of record and shall be counted by hand in all 

4 audits and recounts, including audits and recounts de5 scribed in this subtitle). 

6 ‘‘SEC. 328. EFFECTIVE DATE. 

7 ‘‘This subtitle shall apply with respect to elections for 

8 Federal office held in 2022 or any succeeding year.’’. 

9 SEC. 8612. AVAILABILITY OF ENFORCEMENT UNDER HELP 

10 AMERICA VOTE ACT OF 2002. 

11 Section 401 of the Help America Vote Act of 2002 

12 (52 U.S.C. 21111) is amended by striking the period at 

13 the end and inserting the following: ‘‘, or the requirements 

14 of subtitle C of title III.’’. 

15 SEC. 8613. GUIDANCE ON BEST PRACTICES FOR ALTER16 NATIVE AUDIT MECHANISMS. 

17 (a) IN GENERAL.—Not later than May 1, 2023, the 

18 Director of the National Institute for Standards and Tech19 nology shall establish guidance for States that wish to es20 tablish alternative audit mechanisms under section 322(b) 

21 of the Help America Vote Act of 2002 (as added by section 

22 611). Such guidance shall be based upon scientifically and 

23 statistically reasonable assumptions for the purpose of cre24 ating an alternative audit mechanism that will be conVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 sistent with the principles for approval described in section 

2 322(b)(2) of such Act (as so added). 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out subsection (a) 

5 $100,000, to remain available until expended. 

6 SEC. 8614. CLERICAL AMENDMENT. 

7 The table of contents of the Help America Vote Act 

8 of 2002 is amended by adding at the end of the items 

9 relating to title III the following: 

‘‘Subtitle C—Mandatory Manual Audits 

‘‘Sec. 321. Requiring audits of results of elections. 

‘‘Sec. 322. Number of ballots counted under audit. 

‘‘Sec. 323. Process for administering audits. 

‘‘Sec. 324. Selection of precincts. 

‘‘Sec. 325. Publication of results. 

‘‘Sec. 326. Payments to States. 

‘‘Sec. 327. Exception for elections subject to recount under State law prior to 

certification. 

‘‘Sec. 328. Effective date.’’. 

10 Subtitle H—Provisional Ballots 

11 SEC. 8701. REQUIREMENTS FOR COUNTING PROVISIONAL 

12 BALLOTS; ESTABLISHMENT OF UNIFORM AND 

13 NONDISCRIMINATORY STANDARDS. 

14 (a) IN GENERAL.—Section 302 of the Help America 

15 Vote Act of 2002 (52 U.S.C. 21082) is amended— 

16 (1) by redesignating subsection (d) as sub17 section (f); and 

18 (2) by inserting after subsection (c) the fol19 lowing new subsections: 


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1 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL2 LOTS.— 

3 ‘‘(1) IN GENERAL.—For purposes of subsection 

4 (a)(4), notwithstanding the precinct or polling place 

5 at which a provisional ballot is cast within the State, 

6 the appropriate election official shall count each vote 

7 on such ballot for each election in which the indi8 vidual who cast such ballot is eligible to vote. 

9 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

10 apply with respect to elections held on or after Janu11 ary 1, 2020. 

12 ‘‘(e) UNIFORM AND NONDISCRIMINATORY STAND13 ARDS.— 

14 ‘‘(1) IN GENERAL.—Consistent with the re15 quirements of this section, each State shall establish 

16 uniform and nondiscriminatory standards for the 

17 issuance, handling, and counting of provisional bal18 lots. 

19 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

20 apply with respect to elections held on or after Janu21 ary 1, 2020.’’. 

22 (b) CONFORMING AMENDMENT.—Section 302(f) of 

23 such Act (52 U.S.C. 21082(f)), as redesignated by sub24 section (a), is amended by striking ‘‘Each State’’ and inVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01112 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 serting ‘‘Except as provided in subsections (d)(2) and 

2 (e)(2), each State’’. 

3 Subtitle I—Early Voting and Voting 

4 by Mail 

5 SEC. 8801. EARLY VOTING AND VOTING BY MAIL. 

6 (a) REQUIREMENTS.—Subtitle A of title III of the 

7 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

8 as amended by section 8121(a) and section 8201(a), is 

9 amended— 

10 (1) by redesignating sections 306 and 307 as 

11 sections 308 and 309; and 

12 (2) by inserting after section 305 the following 

13 new sections: 

14 ‘‘SEC. 306. EARLY VOTING. 

15 ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC16 TION.— 

17 ‘‘(1) IN GENERAL.—Each State shall allow indi18 viduals to vote in an election for Federal office dur19 ing an early voting period which occurs prior to the 

20 date of the election, in the same manner as voting 

21 is allowed on such date. 

22 ‘‘(2) LENGTH OF PERIOD.—The early voting 

23 period required under this subsection with respect to 

24 an election shall consist of a period of consecutive 

25 days (including weekends) which begins on the 15th 


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1 day before the date of the election (or, at the option 

2 of the State, on a day prior to the 15th day before 

3 the date of the election) and ends on the date of the 

4 election. 

5 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 

6 Each polling place which allows voting during an early vot7 ing period under subsection (a) shall— 

8 ‘‘(1) allow such voting for no less than 4 hours 

9 on each day, except that the polling place may allow 

10 such voting for fewer than 4 hours on Sundays; and 

11 ‘‘(2) have uniform hours each day for which 

12 such voting occurs. 

13 ‘‘(c) LOCATION OF POLLING PLACES NEAR PUBLIC

14 TRANSPORTATION.—To the greatest extent practicable, a 

15 State shall ensure that each polling place which allows vot16 ing during an early voting period under subsection (a) is 

17 located within walking distance of a stop on a public trans18 portation route. 

19 ‘‘(d) STANDARDS.— 

20 ‘‘(1) IN GENERAL.—The Commission shall issue 

21 standards for the administration of voting prior to 

22 the day scheduled for a Federal election. Such 

23 standards shall include the nondiscriminatory geo24 graphic placement of polling places at which such 

25 voting occurs. 


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1 ‘‘(2) DEVIATION.—The standards described in 

2 paragraph (1) shall permit States, upon providing 

3 adequate public notice, to deviate from any require4 ment in the case of unforeseen circumstances such 

5 as a natural disaster, terrorist attack, or a change 

6 in voter turnout. 

7 ‘‘(e) EFFECTIVE DATE.—This section shall apply 

8 with respect to elections held on or after January 1, 2020. 

9 ‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 

10 MAIL. 

11 ‘‘(a) IN GENERAL.—If an individual in a State is eli12 gible to cast a vote in an election for Federal office, the 

13 State may not impose any additional conditions or require14 ments on the eligibility of the individual to cast the vote 

15 in such election by mail, except as required under sub16 section (b) and except to the extent that the State imposes 

17 a deadline for requesting the ballot and related voting ma18 terials from the appropriate State or local election official 

19 and for returning the ballot to the appropriate State or 

20 local election official. 

21 ‘‘(b) REQUIRING SIGNATURE VERIFICATION.—A 

22 State may not accept and process an absentee ballot sub23 mitted by any individual with respect to an election for 

24 Federal office unless the State verifies the identification 

25 of the individual by comparing the individual’s signature 


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1 on the absentee ballot with the individual’s signature on 

2 the official list of registered voters in the State, in accord3 ance with such procedures as the State may adopt. 

4 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

5 with respect to elections held on or after January 1, 

6 2020.’’. 

7 (b) CONFORMING AMENDMENT RELATING TO

8 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS9 SISTANCE COMMISSION.—Section 311(b) of such Act (52 

10 U.S.C. 21101(b)), as amended by section 8201(b), is 

11 amended— 

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (3); 

14 (2) by striking the period at the end of para15 graph (4) and inserting a semicolon; and 

16 (3) by adding at the end the following new 

17 paragraphs: 

18 ‘‘(5) in the case of the recommendations with 

19 respect to section 306, June 30, 2020; and 

20 ‘‘(6) in the case of the recommendations with 

21 respect to section 307, June 30, 2020.’’. 

22 (c) CLERICAL AMENDMENT.—The table of contents 

23 of such Act is amended— 


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1 (1) by redesignating the items relating to sec2 tions 306 and 307 as relating to sections 308 and 

3 309; and 

4 (2) by inserting after the item relating to sec5 tion 305 the following new items: 

‘‘Sec. 306. Early voting. 

‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. 

6 Subtitle J—Absent Uniformed 

7 Services Voters and Overseas 

8 Voters 

9 SEC. 8901. EXTENDING GUARANTEE OF RESIDENCY FOR 

10 VOTING PURPOSES TO FAMILY MEMBERS OF 

11 ABSENT MILITARY PERSONNEL. 

12 Section 705 of the Servicemembers Civil Relief Act 

13 (50 U.S.C. App. 595) is amended— 

14 (1) in the heading, by striking ‘‘SPOUSES’’ and 

15 inserting ‘‘FAMILY MEMBERS’’; and 

16 (2) by amending subsection (b) to read as fol17 lows: 

18 ‘‘(b) FAMILY MEMBERS.—For the purposes of voting 

19 for in any election for any Federal office (as defined in 

20 section 301 of the Federal Election Campaign Act of 1971 

21 (52 U.S.C. 30101)) or any State or local office, a spouse, 

22 domestic partner, or dependent of a person who is absent 

23 from a State in compliance with military or naval orders 

24 shall not, solely by reason of that person’s absence and 


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1 without regard to whether or not such family member is 

2 accompanying that person— 

3 ‘‘(1) be deemed to have lost a residence or 

4 domicile in that State, without regard to whether or 

5 not the person intends to return to that State; 

6 ‘‘(2) be deemed to have acquired a residence or 

7 domicile in any other State; or 

8 ‘‘(3) be deemed to have become a resident in or 

9 a resident of any other State.’’. 

10 SEC. 8902. PRE-ELECTION REPORTS ON AVAILABILITY AND 

11 TRANSMISSION OF ABSENTEE BALLOTS. 

12 Section 102(c) of the Uniformed and Overseas Citi13 zens Absentee Voting Act (52 U.S.C. 20302(c)) is amend14 ed to read as follows: 

15 ‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, 

16 AND RECEIPT OF ABSENTEE BALLOTS.— 

17 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

18 BALLOT AVAILABILITY.—Not later than 55 days be19 fore any regularly scheduled general election for 

20 Federal office, each State shall submit a report to 

21 the Attorney General, the Election Assistance Com22 mission (hereafter in this subsection referred to as 

23 the ‘Commission’), and the Presidential Designee, 

24 and make that report publicly available that same 

25 day, certifying that absentee ballots for the election 


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1 are or will be available for transmission to absent 

2 uniformed services voters and overseas voters by not 

3 later than 45 days before the election. The report 

4 shall be in a form prescribed jointly by the Attorney 

5 General and the Commission and shall require the 

6 State to certify specific information about ballot 

7 availability from each unit of local government which 

8 will administer the election. 

9 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

10 BALLOT TRANSMISSION.—Not later than 43 days be11 fore any regularly scheduled general election for 

12 Federal office, each State shall submit a report to 

13 the Attorney General, the Commission, and the 

14 Presidential Designee, and make that report publicly 

15 available that same day, certifying whether all ab16 sentee ballots have been transmitted by not later 

17 than 45 days before the election to all qualified ab18 sent uniformed services and overseas voters whose 

19 requests were received at least 45 days before the 

20 election. The report shall be in a form prescribed 

21 jointly by the Attorney General and the Commission, 

22 and shall require the State to certify specific infor23 mation about ballot transmission, including the total 

24 numbers of ballot requests received and ballots 


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1 transmitted, from each unit of local government 

2 which will administer the election. 

3 ‘‘(3) POST-ELECTION REPORT ON NUMBER OF

4 ABSENTEE BALLOTS TRANSMITTED AND RE5 CEIVED.—Not later than 90 days after the date of 

6 each regularly scheduled general election for Federal 

7 office, each State and unit of local government 

8 which administered the election shall (through the 

9 State, in the case of a unit of local government) sub10 mit a report to the Attorney General, the Commis11 sion, and the Presidential Designee on the combined 

12 number of absentee ballots transmitted to absent 

13 uniformed services voters and overseas voters for the 

14 election and the combined number of such ballots 

15 which were returned by such voters and cast in the 

16 election, and shall make such report available to the 

17 general public that same day.’’. 

18 SEC. 8903. ENFORCEMENT. 

19 (a) AVAILABILITY OF CIVIL PENALTIES AND PRI20 VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 

21 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

22 20307) is amended to read as follows: 

23 ‘‘SEC. 105. ENFORCEMENT. 

24 ‘‘(a) ACTION BY ATTORNEY GENERAL.— 


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1 ‘‘(1) IN GENERAL.—The Attorney General may 

2 bring civil action in an appropriate district court for 

3 such declaratory or injunctive relief as may be nec4 essary to carry out this title. 

5 ‘‘(2) PENALTY.—In a civil action brought under 

6 paragraph (1), if the court finds that the State vio7 lated any provision of this title, it may, to vindicate 

8 the public interest, assess a civil penalty against the 

9 State— 

10 ‘‘(A) in an amount not to exceed $110,000 

11 for each such violation, in the case of a first 

12 violation; or 

13 ‘‘(B) in an amount not to exceed $220,000 

14 for each such violation, for any subsequent vio15 lation. 

16 ‘‘(3) REPORT TO CONGRESS.—Not later than 

17 December 31 of each year, the Attorney General 

18 shall submit to Congress an annual report on any 

19 civil action brought under paragraph (1) during the 

20 preceding year. 

21 ‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is 

22 aggrieved by a State’s violation of this title may bring a 

23 civil action in an appropriate district court for such declar24 atory or injunctive relief as may be necessary to carry out 

25 this title. 


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1 ‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 

2 any action brought under this section, the only necessary 

3 party defendant is the State, and it shall not be a defense 

4 to any such action that a local election official or a unit 

5 of local government is not named as a defendant, notwith6 standing that a State has exercised the authority described 

7 in section 576 of the Military and Overseas Voter Em8 powerment Act to delegate to another jurisdiction in the 

9 State any duty or responsibility which is the subject of 

10 an action brought under this section.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply with respect to violations alleged 

13 to have occurred on or after the date of the enactment 

14 of this Act. 

15 SEC. 8904. REVISIONS TO 45-DAY ABSENTEE BALLOT 

16 TRANSMISSION RULE. 

17 (a) REPEAL OF WAIVER AUTHORITY.— 

18 (1) IN GENERAL.—Section 102 of the Uni19 formed and Overseas Citizens Absentee Voting Act 

20 (52 U.S.C. 20302) is amended by striking sub21 section (g). 

22 (2) CONFORMING AMENDMENT.—Section 

23 102(a)(8)(A) of such Act (52 U.S.C. 

24 20302(a)(8)(A)) is amended by striking ‘‘except as 

25 provided in subsection (g),’’. 


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1 (b) REQUIRING USE OF EXPRESS DELIVERY IN CASE

2 OF FAILURE TO MEET REQUIREMENT.—Section 102 of 

3 such Act (52 U.S.C. 20302), as amended by subsection 

4 (a), is amended by inserting after subsection (f) the fol5 lowing new subsection: 

6 ‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN

7 CASE OF FAILURE TO TRANSMIT BALLOTS WITHIN

8 DEADLINES.— 

9 ‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS

10 DELIVERY.—If a State fails to meet the requirement 

11 of subsection (a)(8)(A) to transmit a validly re12 quested absentee ballot to an absent uniformed serv13 ices voter or overseas voter not later than 45 days 

14 before the election (in the case in which the request 

15 is received at least 45 days before the election)— 

16 ‘‘(A) the State shall transmit the ballot to 

17 the voter by express delivery; or 

18 ‘‘(B) in the case of a voter who has des19 ignated that absentee ballots be transmitted 

20 electronically in accordance with subsection 

21 (f)(1), the State shall transmit the ballot to the 

22 voter electronically. 

23 ‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER

24 THAN 40 DAYS BEFORE THE ELECTION.—If, in car25 rying out paragraph (1), a State transmits an abVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01123 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 sentee ballot to an absent uniformed services voter 

2 or overseas voter fewer than 40 days before the elec3 tion, the State shall enable the ballot to be returned 

4 by the voter by express delivery, except that in the 

5 case of an absentee ballot of an absent uniformed 

6 services voter for a regularly scheduled general elec7 tion for Federal office, the State may satisfy the re8 quirement of this paragraph by notifying the voter 

9 of the procedures for the collection and delivery of 

10 such ballots under section 103A.’’. 

11 (c) CLARIFICATION OF TREATMENT OF WEEK12 ENDS.—Section 102(a)(8)(A) of such Act (52 U.S.C. 

13 20302(a)(8)(A)) is amended by striking ‘‘the election;’’ 

14 and inserting the following: ‘‘the election (or, if the 45th 

15 day preceding the election is a weekend or legal public hol16 iday, not later than the most recent weekday which pre17 cedes such 45th day and which is not a legal public holi18 day, but only if the request is received by at least such 

19 most recent weekday);’’. 

20 SEC. 8905. USE OF SINGLE ABSENTEE BALLOT APPLICA21 TION FOR SUBSEQUENT ELECTIONS. 

22 (a) IN GENERAL.—Section 104 of the Uniformed and 

23 Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) 

24 is amended to read as follows: 


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1 ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT 

2 ELECTIONS. 

3 ‘‘(a) IN GENERAL.—If a State accepts and processes 

4 an official post card form (prescribed under section 101) 

5 submitted by an absent uniformed services voter or over6 seas voter for simultaneous voter registration and absen7 tee ballot application (in accordance with section 

8 102(a)(4)) and the voter requests that the application be 

9 considered an application for an absentee ballot for each 

10 subsequent election for Federal office held in the State 

11 through the next regularly scheduled general election for 

12 Federal office (including any runoff elections which may 

13 occur as a result of the outcome of such general election), 

14 the State shall provide an absentee ballot to the voter for 

15 each such subsequent election. 

16 ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA17 TION.—Subsection (a) shall not apply with respect to a 

18 voter registered to vote in a State for any election held 

19 after the voter notifies the State that the voter no longer 

20 wishes to be registered to vote in the State or after the 

21 State determines that the voter has registered to vote in 

22 another State or is otherwise no longer eligible to vote in 

23 the State. 

24 ‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION ON

25 GROUNDS OF EARLY SUBMISSION.—A State may not 

26 refuse to accept or to process, with respect to any election 


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1 for Federal office, any otherwise valid voter registration 

2 application or absentee ballot application (including the 

3 postcard form prescribed under section 101) submitted by 

4 an absent uniformed services voter or overseas voter on 

5 the grounds that the voter submitted the application be6 fore the first date on which the State otherwise accepts 

7 or processes such applications for that election which are 

8 submitted by absentee voters who are not members of the 

9 uniformed services or overseas citizens.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply with respect to voter registration 

12 and absentee ballot applications which are submitted to 

13 a State or local election official on or after the date of 

14 the enactment of this Act. 

15 SEC. 8906. EFFECTIVE DATE. 

16 The amendments made by this subtitle shall apply 

17 with respect to elections occurring on or after January 1, 

18 2020. 

19 Subtitle K—Poll Worker 

20 Recruitment and Training 

21 SEC. 8911. LEAVE TO SERVE AS A POLL WORKER FOR FED22 ERAL EMPLOYEES. 

23 (a) IN GENERAL.—Subchapter II of chapter 63 of 

24 title 5, United States Code, is amended by adding at the 

25 end the following: 


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1 ‘‘§ 6329. Absence in connection with serving as a poll 

2 worker 

3 ‘‘(a) IN GENERAL.—An employee in or under an Ex4 ecutive agency is entitled to leave, without loss of or reduc5 tion in pay, leave to which otherwise entitled, credit for 

6 time or service, or performance or efficiency rating, not 

7 to exceed 6 days in a leave year, in order— 

8 ‘‘(1) to provide election administration assist9 ance to a State or unit of local government at a poll10 ing place on the date of any election for public of11 fice; or 

12 ‘‘(2) to receive any training without which such 

13 employee would be ineligible to provide such assist14 ance. 

15 ‘‘(b) REGULATIONS.—The Director of the Office of 

16 Personnel Management may prescribe regulations for the 

17 administration of this section, including regulations set18 ting forth the terms and conditions of the election admin19 istration assistance an employee may provide for purposes 

20 of subsection (a).’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for chapter 63 of title 5, United States Code, is amended 

23 by inserting after the item relating to section 6328 the 

24 following: 

‘‘6329. Absence in connection with serving as a poll worker.’’. 


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1 SEC. 8912. GRANTS TO STATES FOR POLL WORKER RE2 CRUITMENT AND TRAINING. 

3 (a) GRANTS BY ELECTION ASSISTANCE COMMIS4 SION.— 

5 (1) IN GENERAL.—The Election Assistance 

6 Commission (hereafter referred to as the ‘‘Commis7 sion’’) shall make a grant to each eligible State for 

8 recruiting and training individuals to serve as non9 partisan poll workers on dates of elections for public 

10 office. 

11 (2) USE OF COMMISSION MATERIALS.—In car12 rying out activities with a grant provided under this 

13 section, the recipient of the grant shall use the man14 ual prepared by the Commission on successful prac15 tices for poll worker recruiting, training and reten16 tion as an interactive training tool, and shall develop 

17 training programs with the participation and input 

18 of experts in adult learning. 

19 (b) REQUIREMENTS FOR ELIGIBILITY.— 

20 (1) APPLICATION.—Each State that desires to 

21 receive a payment under this section shall submit an 

22 application for the payment to the Commission at 

23 such time and in such manner and containing such 

24 information as the Commission shall require. 

25 (2) CONTENTS OF APPLICATION.—Each appli26 cation submitted under paragraph (1) shall— 


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1 (A) describe the activities for which assist2 ance under this section is sought; 

3 (B) provide assurances that the funds pro4 vided under this section will be used to supple5 ment and not supplant other funds used to 

6 carry out the activities; 

7 (C) provide assurances that the State will 

8 furnish the Commission with information on the 

9 number of individuals who served as non10 partisan poll workers after recruitment and 

11 training with the funds provided under this sec12 tion; and 

13 (D) provide such additional information 

14 and certifications as the Commission deter15 mines to be essential to ensure compliance with 

16 the requirements of this section. 

17 (c) AMOUNT OF GRANT.— 

18 (1) IN GENERAL.—The amount of a grant 

19 made to a State under this section shall be equal to 

20 the product of— 

21 (A) the aggregate amount made available 

22 for grants to States under this section; and 

23 (B) the voting age population percentage 

24 for the State. 


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1 (2) VOTING AGE POPULATION PERCENTAGE DE2 FINED.—In paragraph (1), the ‘‘voting age popu3 lation percentage’’ for a State is the quotient of— 

4 (A) the voting age population of the State 

5 (as determined on the basis of the most recent 

6 information available from the Bureau of the 

7 Census); and 

8 (B) the total voting age population of all 

9 States (as determined on the basis of the most 

10 recent information available from the Bureau of 

11 the Census). 

12 (d) REPORTS TO CONGRESS.— 

13 (1) REPORTS BY RECIPIENTS OF GRANTS.—Not 

14 later than 6 months after the date on which the 

15 final grant is made under this section, each recipient 

16 of a grant shall submit a report to the Commission 

17 on the activities conducted with the funds provided 

18 by the grant. 

19 (2) REPORTS BY COMMISSION.—Not later than 

20 1 year after the date on which the final grant is 

21 made under this section, the Commission shall sub22 mit a report to Congress on the grants made under 

23 this section and the activities carried out by recipi24 ents with the grants, and shall include in the report 


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1 such recommendations as the Commission considers 

2 appropriate. 

3 (e) FUNDING.— 

4 (1) CONTINUING AVAILABILITY OF AMOUNT AP5 PROPRIATED.—Any amount appropriated to carry 

6 out this section shall remain available without fiscal 

7 year limitation until expended. 

8 (2) ADMINISTRATIVE EXPENSES.—Of the 

9 amount appropriated for any fiscal year to carry out 

10 this section, not more than 3 percent shall be avail11 able for administrative expenses of the Commission. 

12 SEC. 8913. MODEL POLL WORKER TRAINING PROGRAM. 

13 (a) DEVELOPMENT OF PROGRAM BY ELECTION AS14 SISTANCE COMMISSION.—Not later than 1 year after the 

15 date of the enactment of this Act, the Election Assistance 

16 Commission shall develop and provide to each State mate17 rials for a model poll worker training program which the 

18 State may use to train individuals to serve as poll workers 

19 in elections for Federal office. 

20 (b) CONTENTS OF MATERIALS.—The materials for 

21 the model poll worker training program developed under 

22 this section shall include materials to provide training with 

23 respect to the following: 

24 (1) The relevant provisions of the Federal laws 

25 which apply to the administration of elections for 


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1 Federal office in the State, including the Voting 

2 Rights Act of 1965 and the Help America Vote Act 

3 of 2002. 

4 (2) The provision of access to voting to individ5 uals with disabilities in a manner which preserves 

6 the dignity and privacy of such individuals. 

7 (3) The provision of access to voting to individ8 uals with limited English language proficiency, and 

9 to individuals who are members or racial or ethnic 

10 minorities, consistent with the protections provided 

11 for such individuals under relevant law, in a manner 

12 which preserves the dignity of such individuals. 

13 (4) Practical experience in the use of the voting 

14 machines which will be used in the election involved, 

15 including the accessibility features of such machines. 

16 (5) Such other election administration subjects 

17 as the Commission considers appropriate to ensure 

18 that poll workers are able to effectively assist with 

19 the administration of elections for Federal office. 

20 SEC. 8914. STATE DEFINED. 

21 In this subtitle, the term ‘‘State’’ includes the Dis22 trict of Columbia, the Commonwealth of Puerto Rico, 

23 Guam, American Samoa, the United States Virgin Is24 lands, and the Commonwealth of the Northern Mariana 

25 Islands. 


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1 Subtitle L—Enhancement of 

2 Enforcement 

3 SEC. 8921. ENHANCEMENT OF ENFORCEMENT OF HELP 

4 AMERICA VOTE ACT OF 2002. 

5 (a) COMPLAINTS; AVAILABILITY OF PRIVATE RIGHT

6 OF ACTION.—Section 401 of the Help America Vote Act 

7 of 2002 (52 U.S.C. 21111) is amended— 

8 (1) by striking ‘‘The Attorney General’’ and in9 serting ‘‘(a) IN GENERAL.—The Attorney General’’; 

10 and 

11 (2) by adding at the end the following new sub12 sections: 

13 ‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER14 SONS.— 

15 ‘‘(1) IN GENERAL.—A person who is aggrieved 

16 by a violation of subtitle A or subtitle C of title III 

17 which has occurred, is occurring, or is about to 

18 occur may file a written, signed, notarized complaint 

19 with the Attorney General describing the violation 

20 and requesting the Attorney General to take appro21 priate action under this section. The Attorney Gen22 eral shall immediately provide a copy of a complaint 

23 filed under the previous sentence to the entity re24 sponsible for administering the State-based adminisVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 trative complaint procedures described in section 

2 402(a) for the State involved. 

3 ‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The 

4 Attorney General shall respond to each complaint 

5 filed under paragraph (1), in accordance with proce6 dures established by the Attorney General that re7 quire responses and determinations to be made with8 in the same (or shorter) deadlines which apply to a 

9 State under the State-based administrative com10 plaint procedures described in section 402(a)(2). 

11 The Attorney General shall immediately provide a 

12 copy of the response made under the previous sen13 tence to the entity responsible for administering the 

14 State-based administrative complaint procedures de15 scribed in section 402(a) for the State involved. 

16 ‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF AC17 TION.—Any person who is authorized to file a complaint 

18 under subsection (b)(1) (including any individual who 

19 seeks to enforce the individual’s right to a voter-verified 

20 paper ballot, the right to have the voter-verified paper bal21 lot counted in accordance with this Act, or any other right 

22 under subtitles A or C of title III) may file an action under 

23 section 1979 of the Revised Statutes of the United States 

24 (42 U.S.C. 1983) to enforce the uniform and nondiscrim25 inatory election technology and administration requireVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01134 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 ments under subtitle A of title III, or the requirements 

2 of subtitle C of title III. 

3 ‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 

4 in this section may be construed to affect the availability 

5 of the State-based administrative complaint procedures re6 quired under section 402 to any person filing a complaint 

7 under this subsection.’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply with respect to violations occurring 

10 with respect to elections for Federal office held in 2020 

11 or any succeeding year. 

12 Subtitle M—Federal Election 

13 Integrity 

14 SEC. 8931. PROHIBITION ON CAMPAIGN ACTIVITIES BY 

15 CHIEF STATE ELECTION ADMINISTRATION 

16 OFFICIALS. 

17 (a) IN GENERAL.—Title III of the Federal Election 

18 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

19 amended by inserting after section 319 the following new 

20 section: 

21 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

22 ADMINISTRATION OFFICIALS

23 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 

24 for a chief State election administration official to take 

25 an active part in political management or in a political 


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1 campaign with respect to any election for Federal office 

2 over which such official has supervisory authority. 

3 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF4 FICIAL.—The term ‘chief State election administration of5 ficial’ means the highest State official with responsibility 

6 for the administration of Federal elections under State 

7 law. 

8 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR

9 IN A POLITICAL CAMPAIGN.—The term ‘active part in po10 litical management or in a political campaign’ means— 

11 ‘‘(1) serving as a member of an authorized com12 mittee of a candidate for Federal office; 

13 ‘‘(2) the use of official authority or influence 

14 for the purpose of interfering with or affecting the 

15 result of an election for Federal office; 

16 ‘‘(3) the solicitation, acceptance, or receipt of a 

17 contribution from any person on behalf of a can18 didate for Federal office; and 

19 ‘‘(4) any other act which would be prohibited 

20 under paragraph (2) or (3) of section 7323(b) of 

21 title 5, United States Code, if taken by an individual 

22 to whom such paragraph applies (other than any 

23 prohibition on running for public office). 

24 ‘‘(d) EXCEPTION FOR CAMPAIGNS OF OFFICIAL OR

25 IMMEDIATE FAMILY MEMBERS.— 


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1 ‘‘(1) IN GENERAL.—This section does not apply 

2 to a chief State election administration official with 

3 respect to an election for Federal office in which the 

4 official or an immediate family member of the offi5 cial is a candidate. 

6 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

7 In paragraph (1), the term ‘immediate family mem8 ber’ means, with respect to a candidate, a father, 

9 mother, son, daughter, brother, sister, husband, 

10 wife, father-in-law, or mother-in-law.’’. 

11 (b) EFFECTIVE DATE.—The amendments made by 

12 subsection (a) shall apply with respect to elections for 

13 Federal office held after December 2019. 

14 SEC. 8932. DUE PROCESS REQUIREMENTS FOR INDIVID15 UALS PROPOSED TO BE REMOVED FROM LIST 

16 OF ELIGIBLE VOTERS. 

17 (a) INTERNET POSTING OF LIST OF INDIVIDUALS

18 PROPOSED TO BE REMOVED FROM LIST.—Section 8 of 

19 the National Voter Registration Act of 1993 (52 U.S.C. 

20 20507) is amended— 

21 (1) by redesignating subsection (j) as sub22 section (k); and 

23 (2) by inserting after subsection (i) the fol24 lowing new subsection: 


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1 ‘‘(j) ADDITIONAL DUE PROCESS REQUIREMENTS

2 FOR INDIVIDUALS PROPOSED TO BE REMOVED FROM

3 LIST OF ELIGIBLE VOTERS.— 

4 ‘‘(1) INTERNET POSTING OF NAMES.—On an 

5 ongoing basis, the chief State election official shall 

6 post on the Internet a list showing the name and ad7 dress of each individual whom the State intends to 

8 remove from the official list of eligible voters in elec9 tions for Federal office in the State, together with 

10 instructions on how an individual may challenge the 

11 proposed removal of the individual’s name from the 

12 list. 

13 ‘‘(2) REQUIRING OPPORTUNITY TO CORRECT

14 RECORD.—The State may not remove any individual 

15 from the official list of eligible voters in elections for 

16 Federal office in the State until the expiration of the 

17 60-day period which begins on the date the chief 

18 State election official posts the individual’s name 

19 and address on the Internet under paragraph (1). 

20 ‘‘(3) PUBLICIZING INFORMATION ON DUE PROC21 ESS REQUIREMENTS.—The chief State election offi22 cial shall disseminate information to the general 

23 public regarding the Internet posting of names and 

24 addresses under paragraph (1) and the opportunity 

25 for individuals to correct records under paragraph 


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1 (2), including by sending information to media out2 lets in the State and by preparing information for 

3 distribution and display by offices of the State motor 

4 vehicle authority.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall apply with respect to elections for 

7 Federal office held during 2020 or any succeeding year. 

8 SEC. 8933. MANDATORY RESPONSE BY ATTORNEY GENERAL 

9 TO ALLEGATIONS OF VOTER INTIMIDATION 

10 OR SUPPRESSION BY LAW ENFORCEMENT OF11 FICERS AND OTHER GOVERNMENT OFFI12 CIALS. 

13 (a) MANDATORY RESPONSE TO ALLEGATIONS.— 

14 (1) IN GENERAL.—Not later than 30 days after 

15 receiving an allegation described in subsection (b) 

16 from any person, the Attorney General shall— 

17 (A) initiate an investigation of the allega18 tion; or 

19 (B) provide the person with a written 

20 statement that the Attorney General will not in21 vestigate the allegation, and include in the 

22 statement the Attorney General’s reasons for 

23 not investigating the allegation. 

24 (2) SPECIAL RULE FOR ALLEGATIONS RE25 CEIVED WITHIN 30 DAYS OF ELECTION.—If the AtVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01139 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 torney General receives an allegation described in 

2 subsection (b) during the 30-day period which ends 

3 on the date of an election for Federal office, the At4 torney General shall meet the requirements of para5 graph (1) not later than 48 hours after receiving the 

6 allegation. 

7 (b) ALLEGATIONS DESCRIBED.—An allegation de8 scribed in this subsection is— 

9 (1) an allegation that a law enforcement officer 

10 or other official of a State or local government has 

11 intimidated, threatened, or coerced, or attempted to 

12 intimidate, threaten, or coerce, any individual for 

13 voting, or for attempting to vote, in an election for 

14 Federal office; or 

15 (2) an allegation that an election official of a 

16 State or local government has engaged or has at17 tempted to engage in voter suppression activity. 

18 Subtitle N—Election Day as Legal 

19 Public Holiday 

20 SEC. 8941. TREATMENT OF ELECTION DAY IN SAME MAN21 NER AS LEGAL PUBLIC HOLIDAY FOR PUR22 POSES OF FEDERAL EMPLOYMENT. 

23 (a) IN GENERAL.—For purposes of any law relating 

24 to Federal employment, the Tuesday next after the first 

25 Monday in November in 2020 and each even-numbered 


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1 year thereafter shall be treated in the same manner as 

2 a legal public holiday described in section 6103 of title 

3 5, United States Code. 

4 (b) SENSE OF CONGRESS REGARDING TREATMENT

5 OF DAY BY PRIVATE EMPLOYERS.—It is the sense of Con6 gress that private employers in the United States should 

7 give their employees a day off on the Tuesday next after 

8 the first Monday in November in 2020 and each even9 numbered year thereafter to enable the employees to cast 

10 votes in the elections held on that day. 

11 (c) NO EFFECT ON EARLY OR ABSENTEE VOTING.— 

12 Nothing in this section shall be construed to affect the 

13 authority of States to permit individuals to cast ballots 

14 in elections for Federal office prior to the date of the elec15 tion (including the casting of ballots by mail) or to cast 

16 absentee ballots in the election. 

17 Subtitle O—Other Election 

18 Administration Improvements 

19 SEC. 8951. REQUIREMENTS FOR AVAILABILITY OF SUFFI20 CIENT POLLING PLACES, EQUIPMENT, AND 

21 RESOURCES. 

22 (a) REQUIRING STATES TO MEET REQUIRE23 MENTS.—Subtitle A of title III of the Help America Vote 

24 Act of 2002 (52 U.S.C. 21081 et seq.), as amended by 


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1 section 8121(a), section 8201(a), and section 8801(a), is 

2 amended— 

3 (1) by redesignating sections 308 and 309 as 

4 sections 309 and 310; and 

5 (2) by inserting after section 307 the following 

6 new section: 

7 ‘‘SEC. 308. AVAILABILITY OF SUFFICIENT POLLING PLACES, 

8 EQUIPMENT, AND RESOURCES. 

9 ‘‘(a) IN GENERAL.—In accordance with the stand10 ards established under subsection (b), each State shall 

11 provide for— 

12 ‘‘(1) an appropriate number and geographic 

13 distribution of voting sites on the day of any election 

14 for Federal office and on any days during which 

15 such State allows early voting in such elections; and 

16 ‘‘(2) the minimum required number of voting 

17 systems and other election resources (including all 

18 other voting equipment and supplies) for each such 

19 voting site. 

20 ‘‘(b) STANDARDS.— 

21 ‘‘(1) IN GENERAL.—Not later than June 30, 

22 2019, the Commission shall conduct a study and, on 

23 the basis of the findings of the study, issue stand24 ards for States to follow in establishing an appro25 priate number and geographic distribution of voting 


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1 sites in elections for Federal office on the day of any 

2 Federal election and on any days during which the 

3 State allows early voting in such elections, and in 

4 providing for the minimum number of voting sys5 tems and other election resources (including all 

6 other voting equipment and supplies) for each such 

7 voting site. 

8 ‘‘(2) DISTRIBUTION.— 

9 ‘‘(A) IN GENERAL.—The standards de10 scribed in paragraph (1) shall provide for a uni11 form and nondiscriminatory distribution of such 

12 sites, systems, and other resources, and, to the 

13 extent possible, shall take into account, among 

14 other factors, the following: 

15 ‘‘(i) The voting age population. 

16 ‘‘(ii) Voter turnout in past elections. 

17 ‘‘(iii) The number of voters registered. 

18 ‘‘(iv) The number of voters who have 

19 registered since the most recent Federal 

20 election. 

21 ‘‘(v) Census data for the population 

22 served by each voting site. 

23 ‘‘(vi) The educational levels and socio24 economic factors of the population served 

25 by each voting site. 


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1 ‘‘(vii) The needs and numbers of vot2 ers with disabilities and voters with limited 

3 English proficiency. 

4 ‘‘(viii) The type of voting systems 

5 used. 

6 ‘‘(B) NO FACTOR DISPOSITIVE.—The 

7 standards shall provide that the distribution of 

8 voting sites, systems, and resources should take 

9 into account the totality of all relevant factors, 

10 and no single factor shall be dispositive under 

11 the standards. 

12 ‘‘(C) PURPOSE.—To the extent possible, 

13 the standards shall provide for a distribution of 

14 voting sites, systems, and resources with the 

15 goals of— 

16 ‘‘(i) ensuring a fair and equitable 

17 waiting time for all voters in the State; 

18 and 

19 ‘‘(ii) preventing a waiting time of over 

20 1 hour at any voting site. 

21 ‘‘(3) DEVIATION.—The standards described in 

22 paragraph (1) shall permit States, upon giving rea23 sonable public notice, to deviate from any allocation 

24 requirements in the case of unforeseen cirVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01144 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 cumstances such as a natural disaster or terrorist 

2 attack. 

3 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

4 with respect to elections held on or after January 1, 

5 2020.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 of such Act is amended— 

8 (1) by redesignating the items relating to sec9 tions 308 and 309 as relating to sections 309 and 

10 310; and 

11 (2) by inserting after the item relating to sec12 tion 307 the following new item: 

‘‘Sec. 308. Availability of sufficient polling places, equipment, and resources.’’. 

13 SEC. 8952. TREATMENT OF UNIVERSITIES AS VOTER REG14 ISTRATION AGENCIES. 

15 (a) IN GENERAL.—Section 7(a) of the National Voter 

16 Registration Act of 1993 (52 U.S.C. 20506(a)) is amend17 ed— 

18 (1) in paragraph (2)— 

19 (A) by striking ‘‘and’’ at the end of sub20 paragraph (A); 

21 (B) by striking the period at the end of 

22 subparagraph (B) and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following new 

24 subparagraph: 


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1 ‘‘(C) each institution of higher education 

2 (as defined in section 101 of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1001)) in the 

4 State that receives Federal funds.’’; and 

5 (2) in paragraph (6)(A), by inserting ‘‘or, in 

6 the case of an institution of higher education, with 

7 each registration of a student for enrollment in a 

8 course of study’’ after ‘‘assistance,’’. 

9 (b) AMENDMENT TO HIGHER EDUCATION ACT OF

10 1965.—Section 487(a) of the Higher Education Act of 

11 1965 (20 U.S.C. 1094(a)) is amended by striking para12 graph (23). 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to elections held on 

15 or after January 1, 2020. 

16 SEC. 8953. REQUIRING STATES TO ACCEPT STUDENT IDEN17 TIFICATIONS FOR PURPOSES OF MEETING 

18 VOTER IDENTIFICATION REQUIREMENTS. 

19 (a) ACCEPTANCE OF STUDENT IDENTIFICATIONS.— 

20 Title III of the Help America Vote Act of 2002 (42 U.S.C. 

21 15481 et seq.) is amended by inserting after section 303 

22 the following new section: 


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1 ‘‘SEC. 303A. REQUIRING ACCEPTANCE OF STUDENT PHOTO 

2 IDENTIFICATION AS CURRENT AND VALID 

3 PHOTO IDENTIFICATION. 

4 ‘‘(a) ACCEPTANCE OF STUDENT IDENTIFICATIONS.— 

5 A State or local election official shall accept a current and 

6 valid student photo identification issued by an institution 

7 of higher education to a student attending such institution 

8 of higher education as a current and valid photo identifica9 tion for purposes of section 303(b)(2) or of any State or 

10 local law which requires an individual to produce a current 

11 and valid photo identification to obtain a ballot or vote 

12 in an election for Federal office. 

13 ‘‘(b) DEFINITION.—In this section, the term ‘institu14 tion of higher education’ has the meaning given such term 

15 in section 101 of the Higher Education Act of 1965 (20 

16 U.S.C. 1001), except that such term includes a propri17 etary institution of higher education described in section 

18 102(b) of such Act (20 U.S.C. 1002(b)).’’. 

19 (b) ENFORCEMENT.—Section 401 of such Act (42 

20 U.S.C. 15511) is amended by striking ‘‘and 303’’ and in21 serting ‘‘303, and 303A’’. 

22 (c) CLERICAL AMENDMENT.—The table of contents 

23 of such Act is amended by inserting after the item relating 

24 to section 303 the following new item: 

‘‘Sec. 303A. Requiring acceptance of student photo identification as current 

and valid photo identification.’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to elections occurring 

3 on or after the date of the enactment of this Act. 

4 SEC. 8954. MINIMUM NOTIFICATION REQUIREMENTS FOR 

5 VOTERS AFFECTED BY POLLING PLACE 

6 CHANGES. 

7 (a) REQUIREMENTS.—Section 302 of the Help Amer8 ica Vote Act of 2002 (52 U.S.C. 21082), as amended by 

9 section 8701(a), is amended— 

10 (1) by redesignating subsection (f) as sub11 section (g); and 

12 (2) by inserting after subsection (e) the fol13 lowing new subsection: 

14 ‘‘(f) MINIMUM NOTIFICATION REQUIREMENTS FOR

15 VOTERS AFFECTED BY POLLING PLACE CHANGES.— 

16 ‘‘(1) IN GENERAL.—If a State assigns an indi17 vidual who is a registered voter in a State to a poll18 ing place with respect to an election for Federal of19 fice which is not the same polling place to which the 

20 individual was previously assigned with respect to 

21 the most recent election for Federal office in the 

22 State in which the individual was eligible to vote— 

23 ‘‘(A) the State shall notify the individual of 

24 the location of the polling place not later than 

25 7 days before the date of the election; or 


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1 ‘‘(B) if the State makes such an assign2 ment fewer than 7 days before the date of the 

3 election and the individual appears on the date 

4 of the election at the polling place to which the 

5 individual was previously assigned, the State 

6 shall make every reasonable effort to enable the 

7 individual to vote on the date of the election. 

8 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

9 apply with respect to elections held on or after Janu10 ary 1, 2020.’’. 

11 (b) CONFORMING AMENDMENT.—Section 302(f) of 

12 such Act (52 U.S.C. 21082(f)), as redesignated by sub13 section (a) and as amended by section 8701(b), is amend14 ed by striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), 

15 (e)(2), and (f)(2)’’. 

16 SEC. 8955. VOTER INFORMATION RESPONSE SYSTEMS AND 

17 HOTLINE. 

18 (a) ESTABLISHMENT AND OPERATION OF SYSTEMS

19 AND SERVICES.— 

20 (1) STATE-BASED RESPONSE SYSTEMS.—The 

21 Attorney General shall coordinate the establishment 

22 of a State-based response system for responding to 

23 questions and complaints from individuals voting or 

24 seeking to vote, or registering to vote or seeking to 


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1 register to vote, in elections for Federal office. Such 

2 system shall provide— 

3 (A) State-specific, same-day, and imme4 diate assistance to such individuals, including 

5 information on how to register to vote, the loca6 tion and hours of operation of polling places, 

7 and how to obtain absentee ballots; and 

8 (B) State-specific, same-day, and imme9 diate assistance to individuals encountering 

10 problems with registering to vote or voting, in11 cluding individuals encountering intimidation or 

12 deceptive practices. 

13 (2) HOTLINE.—The Attorney General, in con14 sultation with State election officials, shall establish 

15 and operate a toll-free telephone service, using a 

16 telephone number that is accessible throughout the 

17 United States and that uses easily identifiable nu18 merals, through which individuals throughout the 

19 United States— 

20 (A) may connect directly to the State21 based response system described in paragraph 

22 (1) with respect to the State involved; 

23 (B) may obtain information on voting in 

24 elections for Federal office, including informa25 tion on how to register to vote in such elections, 


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1 the locations and hours of operation of polling 

2 places, and how to obtain absentee ballots; and 

3 (C) may report information to the Attor4 ney General on problems encountered in reg5 istering to vote or voting, including incidences 

6 of voter intimidation or suppression. 

7 (3) COLLABORATION WITH STATE AND LOCAL

8 ELECTION OFFICIALS.— 

9 (A) COLLECTION OF INFORMATION FROM

10 STATES.—The Attorney General shall coordi11 nate the collection of information on State and 

12 local election laws and policies, including infor13 mation on the Statewide computerized voter 

14 registration lists maintained under title III of 

15 the Help America Vote Act of 2002, so that in16 dividuals who contact the free telephone service 

17 established under paragraph (2) on the date of 

18 an election for Federal office may receive an 

19 immediate response on that day. 

20 (B) FORWARDING QUESTIONS AND COM21 PLAINTS TO STATES.—If an individual contacts 

22 the free telephone service established under 

23 paragraph (2) on the date of an election for 

24 Federal office with a question or complaint with 

25 respect to a particular State or jurisdiction 


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1 within a State, the Attorney General shall for2 ward the question or complaint immediately to 

3 the appropriate election official of the State or 

4 jurisdiction so that the official may answer the 

5 question or remedy the complaint on that date. 

6 (4) CONSULTATION REQUIREMENTS FOR DE7 VELOPMENT OF SYSTEMS AND SERVICES.—The At8 torney General shall ensure that the State-based re9 sponse system under paragraph (1) and the free 

10 telephone service under paragraph (2) are each de11 veloped in consultation with civil rights organiza12 tions, voting rights groups, State and local election 

13 officials, voter protection groups, and other inter14 ested community organizations, especially those that 

15 have experience in the operation of similar systems 

16 and services. 

17 (b) USE OF SERVICE BY INDIVIDUALS WITH DIS18 ABILITIES AND INDIVIDUALS WITH LIMITED ENGLISH

19 LANGUAGE PROFICIENCY.—The Attorney General shall 

20 design and operate the telephone service established under 

21 this section in a manner that ensures that individuals with 

22 disabilities and individuals with limited proficiency in the 

23 English language are fully able to use the service. 

24 (c) VOTER HOTLINE TASK FORCE.— 


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1 (1) APPOINTMENT BY ATTORNEY GENERAL.— 

2 The Attorney General shall appoint individuals (in 

3 such number as the Attorney General considers ap4 propriate but in no event fewer than 3) to serve on 

5 a Voter Hotline Task Force to provide ongoing anal6 ysis and assessment of the operation of the tele7 phone service established under this section, and 

8 shall give special consideration in making appoint9 ments to the Task Force to individuals who rep10 resent civil rights organizations. At least one mem11 ber of the Task Force shall be a representative of 

12 an organization promoting voting rights or civil 

13 rights which has experience in the operation of simi14 lar telephone services or in protecting the rights of 

15 individuals to vote, especially individuals who are 

16 members or racial minorities or of communities who 

17 have been adversely affected by efforts to suppress 

18 voting rights. 

19 (2) ELIGIBILITY.—An individual shall be eligi20 ble to serve on the Task Force under this subsection 

21 if the individual meets such criteria as the Attorney 

22 General may establish, except that an individual may 

23 not serve on the task force if the individual has been 

24 convicted of any criminal offense relating to voter in25 timidation or voter suppression. 


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1 (3) TERM OF SERVICE.—An individual ap2 pointed to the Task Force shall serve a single term 

3 of 2 years, except that the initial terms of the mem4 bers first appointed to the Task Force shall be stag5 gered so that there are at least 3 individuals serving 

6 on the Task Force during each year. A vacancy in 

7 the membership of the Task Force shall be filled in 

8 the same manner as the original appointment. 

9 (4) NO COMPENSATION FOR SERVICE.—Mem10 bers of the Task Force shall serve without pay, but 

11 shall receive travel expenses, including per diem in 

12 lieu of subsistence, in accordance with applicable 

13 provisions under subchapter I of chapter 57 of title 

14 5, United States Code. 

15 (d) BI-ANNUAL REPORT TO CONGRESS.—Not later 

16 than March 1 of each odd-numbered year, the Attorney 

17 General shall submit a report to Congress on the operation 

18 of the telephone service established under this section dur19 ing the previous 2 years, and shall include in the report— 

20 (1) an enumeration of the number and type of 

21 calls that were received by the service; 

22 (2) a compilation and description of the reports 

23 made to the service by individuals citing instances of 

24 voter intimidation or suppression; 


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1 (3) an assessment of the effectiveness of the 

2 service in making information available to all house3 holds in the United States with telephone service; 

4 (4) any recommendations developed by the 

5 Task Force established under subsection (c) with re6 spect to how voting systems may be maintained or 

7 upgraded to better accommodate voters and better 

8 ensure the integrity of elections, including but not 

9 limited to identifying how to eliminate coordinated 

10 voter suppression efforts and how to establish effec11 tive mechanisms for distributing updates on changes 

12 to voting requirements; and 

13 (5) any recommendations on best practices for 

14 the State-based response systems established under 

15 subsection (a)(1). 

16 (e) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) AUTHORIZATION.—There are authorized to 

18 be appropriated to the Attorney General for fiscal 

19 year 2019 and each succeeding fiscal year such sums 

20 as may be necessary to carry out this section. 

21 (2) SET-ASIDE FOR OUTREACH.—Of the 

22 amounts appropriated to carry out this Act for a fis23 cal year pursuant to the authorization under para24 graph (1), not less than 15 percent shall be used for 

25 outreach activities to make the public aware of the 


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1 availability of the telephone service established under 

2 this section, with an emphasis on outreach to indi3 viduals with disabilities and individuals with limited 

4 proficiency in the English language. 

5 SEC. 8956. REAUTHORIZATION OF ELECTION ASSISTANCE 

6 COMMISSION. 

7 Section 210 of the Help America Vote Act of 2002 

8 (52 U.S.C. 20930) is amended by striking ‘‘for each of 

9 the fiscal years 2003 through 2005’’ and inserting ‘‘for 

10 each of the fiscal years 2019 through 2024’’. 

11 SEC. 8957. APPLICATION OF LAWS TO COMMONWEALTH OF 

12 NORTHERN MARIANA ISLANDS. 

13 (a) NATIONAL VOTER REGISTRATION ACT OF

14 1993.—Section 3(4) of the National Voter Registration 

15 Act of 1993 (52 U.S.C. 20502(4)) is amended by striking 

16 ‘‘States and the District of Columbia’’ and inserting 

17 ‘‘States, the District of Columbia, and the Commonwealth 

18 of the Northern Mariana Islands’’. 

19 (b) HELP AMERICA VOTE ACT OF 2002.— 

20 (1) IN GENERAL.—Section 901 of the Help 

21 America Vote Act of 2002 (52 U.S.C. 21141) is 

22 amended by striking ‘‘and the United States Virgin 

23 Islands’’ and inserting ‘‘the United States Virgin Is24 lands, and the Commonwealth of the Northern Mar25 iana Islands’’. 


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1 (2) CONFORMING AMENDMENT RELATING TO

2 MINIMUM AMOUNT OF REQUIREMENTS PAYMENT TO

3 TERRITORIES.—Section 252(c)(2) of such Act (52 

4 U.S.C. 21002(c)(2)) is amended by striking ‘‘or the 

5 United States Virgin Islands’’ and inserting ‘‘the 

6 United States Virgin Islands, or the Commonwealth 

7 of the Northern Mariana Islands’’. 

8 SEC. 8958. REPEAL OF EXEMPTION OF ELECTION ASSIST9 ANCE COMMISSION FROM CERTAIN GOVERN10 MENT CONTRACTING REQUIREMENTS. 

11 (a) IN GENERAL.—Section 205 of the Help America 

12 Vote Act of 2002 (52 U.S.C. 20925) is amended by strik13 ing subsection (e). 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall apply with respect to contracts entered 

16 into by the Election Assistance Commission on or after 

17 the date of the enactment of this Act. 

18 SEC. 8959. PERMITTING ELECTION ASSISTANCE COMMIS19 SION TO EXERCISE RULEMAKING AUTHOR20 ITY. 

21 (a) RULEMAKING AUTHORITY.—The Help America 

22 Vote Act of 2002 is amended by striking section 209 (52 

23 U.S.C. 20929). 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 of such Act is amended by striking the item relating to 

3 section 209. 

4 SEC. 8960. NO EFFECT ON OTHER LAWS. 

5 (a) IN GENERAL.—Except as specifically provided, 

6 nothing in this subtitle may be construed to authorize or 

7 require conduct prohibited under any of the following laws, 

8 or to supersede, restrict, or limit the application of such 

9 laws: 

10 (1) The Voting Rights Act of 1965 (52 U.S.C. 

11 10301 et seq.). 

12 (2) The Voting Accessibility for the Elderly and 

13 Handicapped Act (52 U.S.C. 20101 et seq.). 

14 (3) The Uniformed and Overseas Citizens Ab15 sentee Voting Act (52 U.S.C. 20301 et seq.). 

16 (4) The National Voter Registration Act of 

17 1993 (52 U.S.C. 20501 et seq.). 

18 (5) The Americans with Disabilities Act of 

19 1990 (42 U.S.C. 12101 et seq.). 

20 (6) The Rehabilitation Act of 1973 (29 U.S.C. 

21 701 et seq.). 

22 (b) NO EFFECT ON PRECLEARANCE OR OTHER RE23 QUIREMENTS UNDER VOTING RIGHTS ACT.—The ap24 proval by any person of a payment or grant application 

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1 son under this subtitle, shall not be considered to have 

2 any effect on requirements for preclearance under section 

3 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304) 

4 or any other requirements of such Act. 

5 TITLE IX—PRISON REFORM 

6 SEC. 9001. ELIMINATION OF FEDERAL CONTRACTS FOR 

7 PRIVATELY RUN PRISONS WITHIN 3 YEARS. 

8 (a) DEFINITION.—In this section, the term ‘‘facility 

9 housing adult prisoners or detainees in the custody of the 

10 Federal Government’’ does not include a community cor11 rectional facility or the residence of an individual on home 

12 confinement, as described in section 3624(c) of title 18, 

13 United States Code. 

14 (b) OPERATIONAL CONTROL.—Except as provided in 

15 subsection (c), not later than 2 years after the date of 

16 enactment of this Act— 

17 (1) each facility housing adult prisoners or de18 tainees in the custody of the Federal Government 

19 shall be under the direct, operational control of the 

20 Federal Government; and 

21 (2) core correctional services at each such facil22 ity shall be performed by employees of the Federal 

23 Government. 

24 (c) WAIVER AUTHORIZED.—If the Attorney General 

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1 ply with subsection (b) by the date that is 2 years after 

2 the date of enactment of this Act, the Attorney General 

3 may waive the application of subsection (b) for not more 

4 than 1 year. 

5 SEC. 9002. PROHIBITION ON PRIVATE ENTITIES RUNNING 

6 PRISONS HOUSING STATE AND LOCAL PRIS7 ONERS AFTER 3 YEARS. 

8 (a) DEFINITION.—In this section, the term ‘‘facility 

9 housing adult prisoners or detainees in the custody of a 

10 State or local government’’ does not include a community 

11 treatment center, halfway house, restitution center, men12 tal health facility, alcohol or drug rehabilitation center, or 

13 other community facility that is not within the confines 

14 of a jail or prison. 

15 (b) OPERATIONAL CONTROL.—Except as provided in 

16 subsection (c), on and after the date that is 2 years after 

17 the date of enactment of this Act— 

18 (1) no private entity engaged in or affecting 

19 interstate commerce shall own or have direct, oper20 ational control over a facility housing adult prisoners 

21 or detainees in the custody of the State or local gov22 ernment; and 

23 (2) no private entity engaged in or affecting 

24 interstate commerce shall perform core correctional 

25 services at such a facility. 


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1 (c) WAIVER AUTHORIZED.—If the Attorney General 

2 determines that a State or local government requires serv3 ices from a private entity that are described in subsection 

4 (b) after the date that is 2 years after the date of enact5 ment of this Act, the Attorney General may waive the ap6 plication of subsection (b) as to that private entity for not 

7 more than 1 year. 

8 (d) ENFORCEMENT.—The Attorney General may 

9 bring a civil action in an appropriate district court of the 

10 United States for such declaratory or injunctive relief as 

11 is necessary to carry out this section. 

12 SEC. 9003. FREEDOM OF INFORMATION ACT APPLICABLE 

13 FOR CONTRACT PRISONS. 

14 (a) IN GENERAL.—Records relating to the operation 

15 of a Contract Facility, and to prisoners held in Contract 

16 Facilities, that are in the possession of an applicable entity 

17 shall be subject to section 552 of title 5, United States 

18 Code (popularly known as the Freedom of Information 

19 Act), in the same manner as records maintained by a Fed20 eral agency operating a Federal prison or other Federal 

21 detention facility would be subject to such section of title 

22 5, including— 

23 (1) the duty to release information about the 

24 operation of the non-Federal prison or detention fa25 cility; and 


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1 (2) the applicability of the exceptions and ex2 emptions available under such section. 

3 (b) REGULATIONS.—A Federal agency that contracts 

4 with, or provides funds to, an applicable entity to incar5 cerate or detain Federal prisoners in a non-Federal prison 

6 or detention facility shall promulgate regulations or guid7 ance to ensure compliance by the applicable entity with 

8 subsection (a). 

9 (c) NO FEDERAL FUNDS FOR COMPLIANCE.—No 

10 Federal funds may be used to assist applicable entities 

11 with compliance with this section or section 552 of title 

12 5, United States Code. 

13 (d) CIVIL ACTION.—Any party aggrieved by a viola14 tion of section 552 of title 5, United States Code, by an 

15 applicable entity, as such section is applicable to such an 

16 entity in accordance with subsection (a), may, in a civil 

17 action, obtain appropriate relief, including an award under 

18 subsection (a)(4)(E) of section 552 of such title 5, against 

19 the applicable entity for the violation. 

20 (e) DEFINITIONS.—In this section: 

21 (1) APPLICABLE ENTITY.—The term ‘‘applica22 ble entity’’ means— 

23 (A) a nongovernmental entity that directly 

24 or indirectly contracts with or receives funds 

25 from the Federal Government to incarcerate or 


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1 detain Federal prisoners in a Contract Facility; 

2 or 

3 (B) a State or local governmental entity 

4 with a contract or intergovernmental service 

5 agreement with the Federal Government to in6 carcerate or detain Federal prisoners in a Con7 tract Facility. 

8 (2) CONTRACT FACILITY.—The term ‘‘Contract 

9 Facility’’ means a prison or other correctional or de10 tention facility that is— 

11 (A) owned or operated by a nongovern12 mental entity, a State, or a local government; 

13 and 

14 (B) incarcerates or detains Federal pris15 oners pursuant to a contract or intergovern16 mental agreement to which any Federal agency 

17 is a party. 

18 (3) FEDERAL PRISONER.—The term ‘‘Federal 

19 prisoner’’ means any person incarcerated, detained, 

20 or otherwise held under the custody, authority, or 

21 jurisdiction of any Federal agency or department. 


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1 SEC. 9004. RESTRICTIONS ON THE PROVISION OF INMATE 

2 TELEPHONE AND VIDEO SERVICE. 

3 (a) DEFINITIONS.—Section 226(a) of the Commu4 nications Act of 1934 (47 U.S.C. 226(a)) is amended by 

5 adding at the end the following: 

6 ‘‘(10) The term ‘ancillary fee’ includes any 

7 charge or fee that is imposed on a user of inmate 

8 telephone and video service in addition to the per9 minute rate and connection charge. 

10 ‘‘(11) The term ‘collect’ or ‘collect call’ means 

11 a telephone call or video call from a person incarcer12 ated in a correctional institution that is billed to the 

13 subscriber receiving the call. 

14 ‘‘(12) The term ‘commission’ means a fee or 

15 other payment by a provider of inmate telephone 

16 and video service to an administrator of a correc17 tional institution, department of correction, or simi18 lar entity, based upon, or partly upon, inmate tele19 phone and video service revenue. 

20 ‘‘(13) The term ‘debit account’ means the pay21 ment of inmate telephone and video service through 

22 a prepaid card or other account of a prisoner, which 

23 can be accessed only through an access code, per24 sonal identification number, or similar identifier. 

25 ‘‘(14) The term ‘inmate telephone and video 

26 service’ includes the provision of telephone and video 


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1 service enabling persons incarcerated in correctional 

2 institutions to originate calls at payphones, tele3 phones, or video kiosks that are designated for the 

4 personal use of prisoners, regardless of whether the 

5 calls are collect, paid through a debit account, or 

6 paid through any other means. 

7 ‘‘(15) The term ‘provider of inmate telephone 

8 and video service’ means any common carrier that 

9 provides inmate telephone and video service or any 

10 other person determined by the Commission to be 

11 providing inmate telephone and video service.’’. 

12 (b) REGULATIONS.—Section 226 of the Communica13 tions Act of 1934 (47 U.S.C. 226) is further amended— 

14 (1) by redesignating subsection (i) as subsection 

15 (k); and 

16 (2) by inserting after subsection (h) the fol17 lowing: 

18 ‘‘(i) REGULATION OF INMATE TELEPHONE AND

19 VIDEO SERVICE.— 

20 ‘‘(1) IN GENERAL.—In order to ensure that 

21 charges for inmate telephone and video service are 

22 just, reasonable, and nondiscriminatory, not later 

23 than 1 year after the date of enactment of the Jus24 tice is Not For Sale Act of 2017, the Commission 


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1 shall adopt regulations on the use of inmate tele2 phone and video service that— 

3 ‘‘(A) prescribe a maximum uniform per4 minute compensation rate; 

5 ‘‘(B) prescribe a maximum uniform service 

6 connection or other per-call compensation rate; 

7 ‘‘(C) prescribe variable maximum com8 pensation rates depending on such factors as 

9 carrier costs, the size of the correctional facility 

10 served, and other relevant factors identified by 

11 the Commission; 

12 ‘‘(D) require providers of inmate telephone 

13 and video service to offer both collect calling 

14 and debit account services; 

15 ‘‘(E) address the payment of commissions 

16 by providers of inmate telephone and video 

17 service to administrators of correctional institu18 tions, departments of correction, and similar 

19 entities by— 

20 ‘‘(i) prohibiting such payments; or 

21 ‘‘(ii) limiting commission payments; 

22 ‘‘(F) require administrators of correctional 

23 institutions, departments of correction, and 

24 similar entities to allow more than 1 provider of 

25 inmate telephone and video service to provide 


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1 inmate telephone and video service at a correc2 tional institution so that prisoners have a choice 

3 of such providers; and 

4 ‘‘(G) prohibit or substantially limit any an5 cillary fees imposed by a provider of inmate 

6 telephone and video service on a user of the 

7 service. 

8 ‘‘(2) SCOPE.— 

9 ‘‘(A) IN GENERAL.—The regulations 

10 adopted by the Commission under this sub11 section— 

12 ‘‘(i) shall be technologically neutral; 

13 and 

14 ‘‘(ii) shall not jeopardize legitimate se15 curity and penological interests. 

16 ‘‘(B) IMPACT ON REVENUE.—To the extent 

17 the regulations adopted by the Commission 

18 under this subsection reduce or eliminate the 

19 revenue derived by administrators of correc20 tional institutions, departments of correction, 

21 and similar entities from the receipt of commis22 sions, such effects of the regulations shall not 

23 be considered to be jeopardizing or otherwise 

24 affecting legitimate security or penological in25 terests. 


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1 ‘‘(3) PERIODIC REVIEW.—The Commission shall 

2 review, on a biennial basis, the regulations adopted 

3 under this subsection, including to determine wheth4 er any compensation rates established by the Com5 mission should be modified. 

6 ‘‘(4) STATE PREEMPTION.—To the extent that 

7 any State, local government, or private correctional 

8 facility requirements are inconsistent with the regu9 lations of the Commission affecting or pertaining to 

10 inmate telephone and video service, including restric11 tions on the payment of commissions based upon in12 mate telephone and video service revenues or earn13 ings, the regulations of the Commission on such 

14 matters shall preempt the State, local government, 

15 or private correctional facility requirements. 

16 ‘‘(j) INMATE TELEPHONE AND VIDEO SERVICE

17 FULLY SUBJECT TO SECTIONS 201, 205, 251, 252, AND

18 276.— 

19 ‘‘(1) IN GENERAL.—Inmate telephone and video 

20 service shall be fully subject to the requirements of 

21 sections 201, 205, 251, 252, and 276. 

22 ‘‘(2) RESTRICTION.—A provider of inmate tele23 phone and video service may not block or otherwise 

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1 tual or other arrangement with the local exchange 

2 carrier serving the intended recipient of the call or 

3 other common carrier involved in any portion of the 

4 transmission of the call.’’. 

5 SEC. 9005. FEDERAL PRISONER REENTRY INITIATIVE REAU6 THORIZATION; MODIFICATION OF IMPOSED 

7 TERM OF IMPRISONMENT. 

8 (a) FEDERAL PRISONER REENTRY INITIATIVE.— 

9 Section 231 of the Second Chance Act of 2007 (42 U.S.C. 

10 17541) is amended— 

11 (1) in subsection (g)— 

12 (A) in paragraph (1)(B) by inserting after 

13 ‘‘the Attorney General may’’ the following: ‘‘, 

14 upon written request from the Director of the 

15 Bureau of Prisons or an eligible elderly of16 fender,’’; 

17 (B) in paragraph (3), by striking ‘‘carried 

18 out during fiscal years 2009 and 2010’’ and in19 serting ‘‘carried out during fiscal years 2018 

20 through 2022’’; and 

21 (C) in paragraph (5)(A)— 

22 (i) in clause (i), by striking ‘‘65 

23 years’’ and inserting ‘‘60 years’’; and 

24 (ii) by amending clause (ii) to read as 

25 follows: 


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1 ‘‘(ii) who is serving a term of impris2 onment that is not based on a conviction 

3 for an offense described in section 

4 102(e)(2)(C) of the Prison Reform and Re5 demption Act, and has served not less than 

2 6 ⁄3 of the term of imprisonment to which 

7 the offender was sentenced;’’; 

8 (2) by striking subsection (h); 

9 (3) by redesignating subsection (i) as subsection 

10 (h); and 

11 (4) in subsection (h), as so redesignated, by 

12 striking ‘‘2009 and 2010’’ and inserting ‘‘2018 

13 through 2022’’. 

14 (b) MODIFICATION OF IMPOSED TERM OF IMPRISON15 MENT.—Section 3582(c)(1)(A) of title 18, United States 

16 Code, is amended— 

17 (1) in the matter preceding clause (i), by insert18 ing after ‘‘Director of the Bureau of Prisons’’ the 

19 following: ‘‘or, if the Director does not make such a 

20 motion 30 days after receiving a request to make 

21 such a motion from the defendant, of the defend22 ant’’; and 

23 (2) in clause (ii), by inserting after ‘‘the Direc24 tor of the Bureau of Prisons’’ the following: ‘‘, or 


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1 the court in the case that the court is considering 

2 a motion of the defendant’’. 

3 SEC. 9006. REINSTATEMENT OF PAROLE. 

4 (a) IN GENERAL.—Chapter 229 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

‘‘SUBCHAPTER D—PAROLE

‘‘Sec. 

‘‘3631. Definitions. 

‘‘3632. Powers and duties of the Commission. 

‘‘3633. Powers and duties of the Chairperson. 

‘‘3634. Time of eligibility for release on parole. 

‘‘3635. Parole determination criteria. 

‘‘3636. Information considered. 

‘‘3637. Parole determination proceeding; time. 

‘‘3638. Conditions of parole. 

‘‘3639. Jurisdiction of Commission. 

‘‘3640. Early termination of parole. 

‘‘3641. Aliens. 

‘‘3642. Summons to appear or warrant for retaking of parolee. 

‘‘3643. Revocation of parole. 

‘‘3644. Reconsideration and appeal. 

‘‘3645. Young adult offenders. 

‘‘3646. Applicability of Administrative Procedure Act. 

7 ‘‘Subchapter D—Parole 

8 ‘‘§ 3631. Definitions 

9 ‘‘In this subchapter— 

10 ‘‘(1) the term ‘Chairperson’ means the Chair11 person of the Commission; 

12 ‘‘(2) the term ‘Commission’ means the United 

13 States Parole Commission; 

14 ‘‘(3) the term ‘Commissioner’ means any mem15 ber of the Commission; 


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1 ‘‘(4) the term ‘Director’ means the Director of 

2 the Bureau of Prisons; 

3 ‘‘(5) the term ‘eligible prisoner’ means any Fed4 eral prisoner who is eligible for parole under this 

5 title or any other law, including any Federal pris6 oner whose parole has been revoked and who is not 

7 otherwise ineligible for parole; 

8 ‘‘(6) the term ‘parolee’ means any eligible pris9 oner who has been released on parole or deemed as 

10 if released on parole under section 3626(b)(5) or 

11 section 3634(a)(2); and 

12 ‘‘(7) the term ‘rules and regulations’ means 

13 rules and regulations promulgated by the Commis14 sion under section 3632 and section 553 of title 5. 

15 ‘‘§ 3632. Powers and duties of the Commission 

16 ‘‘(a) IN GENERAL.—The Commission shall meet at 

17 least quarterly, and by majority vote shall— 

18 ‘‘(1) promulgate rules and regulations estab19 lishing guidelines for the powers enumerated in sub20 section (b) and such other rules and regulations as 

21 are necessary to carry out a national parole policy 

22 and the purposes of this subchapter; 

23 ‘‘(2) create such regions as are necessary to 

24 carry out this subchapter, but in no event less than 

25 5; and 


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1 ‘‘(3) ratify, revise, or deny any request for reg2 ular, supplemental, or deficiency appropriations, be3 fore the submission of the requests to the Office of 

4 Management and Budget by the Chairperson, which 

5 requests shall be separate from those of any other 

6 agency in the Department of Justice. 

7 ‘‘(b) POWERS RELATING TO PAROLE.—The Commis8 sion, by majority vote, and in accordance with the proce9 dures set out in this subchapter, shall have the power to— 

10 ‘‘(1) grant or deny an application or rec11 ommendation to parole any eligible prisoner; 

12 ‘‘(2) impose reasonable conditions on an order 

13 granting parole; 

14 ‘‘(3) modify or revoke an order paroling any eli15 gible prisoner; and 

16 ‘‘(4) request probation officers and other indi17 viduals, organizations, and public or private agencies 

18 to perform such duties with respect to any parolee 

19 as the Commission determines necessary— 

20 ‘‘(A) for maintaining proper supervision of 

21 and assistance to such parolees; and 

22 ‘‘(B) so as to assure that no probation offi23 cers, individuals, organizations, or agencies 

24 shall bear excessive caseloads. 


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1 ‘‘(c) DELEGATION.—The Commission, by majority 

2 vote, and in accordance with rules and regulations— 

3 ‘‘(1) may delegate to one or more Commis4 sioners powers enumerated in subsection (b); 

5 ‘‘(2) may delegate to hearing examiners any 

6 powers necessary to conduct hearings and pro7 ceedings, take sworn testimony, obtain and make a 

8 record of pertinent information, make findings of 

9 probable cause and issue subpoenas for witnesses or 

10 evidence in parole revocation proceedings, and rec11 ommend disposition of any matters enumerated in 

12 subsection (b), except that any such findings or rec13 ommendations shall be based upon the concurrence 

14 of not less than 2 hearing examiners; 

15 ‘‘(3) may delegate authority to conduct hear16 ings held under section 3643 to any officer or em17 ployee of the executive or judicial branch of Federal 

18 or State government; 

19 ‘‘(4) may review, or may delegate to the Na20 tional Appeals Board the power to review, any deci21 sion made under paragraph (1), which shall be re22 affirmed, modified, or reversed not later than 30 

23 days after the date the decision is rendered; and 

24 ‘‘(5) shall provide written notice to the indi25 vidual to whom a decision described in paragraph 


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1 (4) applies of the Commission’s actions with respect 

2 thereto and the reasons for such actions. 

3 ‘‘(d) POLICYMAKING.—Except as otherwise provided 

4 by law, any action taken by the Commission under sub5 section (a) shall be taken by a majority vote of all individ6 uals currently holding office as members of the Commis7 sion which shall maintain and make available for public 

8 inspection a record of the final vote of each member on 

9 statements of policy and interpretations adopted by it. In 

10 so acting, each Commissioner shall have equal responsi11 bility and authority, shall have full access to all informa12 tion relating to the performance of such duties and respon13 sibilities, and shall have 1 vote. 

14 ‘‘§ 3633. Powers and duties of the Chairperson 

15 ‘‘(a) IN GENERAL.—The Chairperson shall— 

16 ‘‘(1) convene and preside at meetings of the 

17 Commission under section 3632 and such additional 

18 meetings of the Commission as the Chairperson may 

19 call or as may be requested in writing by at least 3 

20 Commissioners; 

21 ‘‘(2) appoint, fix the compensation of, assign, 

22 and supervise all personnel employed by the Com23 mission except that— 

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1 mission within the first year of such hearing ex2 aminer’s employment; and 

3 ‘‘(B) regional Commissioners shall appoint 

4 and supervise such personnel employed regu5 larly and full time in their respective regions as 

6 are compensated at a rate up to and including 

7 level GS–9 of the General Schedule; 

8 ‘‘(3) assign duties among officers and employ9 ees of the Commission, including Commissioners, so 

10 as to balance the workload and provide for orderly 

11 administration; 

12 ‘‘(4) direct the preparation of requests for ap13 propriations for the Commission, and the use of 

14 funds made available to the Commission; 

15 ‘‘(5) designate 3 Commissioners to serve on the 

16 National Appeals Board, 1 whom shall be designated 

17 to serve as Vice Chairperson of the Commission 

18 (who shall act as Chairperson of the Commission in 

19 the absence or disability of the Chairperson or in the 

20 event of a vacancy in the position of Chairperson); 

21 ‘‘(6) designate, for each region established 

22 under section 3632(a)(2), 1 Commissioner to serve 

23 as regional Commissioner in each such region, ex24 cept that— 


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1 ‘‘(A) in each such designation the Chair2 person shall consider years of service, personal 

3 preference, and fitness; and 

4 ‘‘(B) no such designation shall take effect 

5 unless concurred in by the President; 

6 ‘‘(7) serve as spokesperson for the Commission 

7 and report annually to each House of Congress on 

8 the activities of the Commission; and 

9 ‘‘(8) exercise such other powers and duties and 

10 perform such other functions as may be necessary to 

11 carry out the purposes of this subchapter or as may 

12 be provided under any other provision of law. 

13 ‘‘(b) OTHER AUTHORITIES.—The Chairperson shall 

14 have the power to— 

15 ‘‘(1) without regard to subsections (a) and (b) 

16 of section 3324 of title 31, enter into and perform 

17 such contracts, leases, cooperative agreements, and 

18 other transactions as may be necessary in the con19 duct of the functions of the Commission with any 

20 public agency or with any person, firm, association, 

21 corporation, educational institution, or nonprofit or22 ganization; 

23 ‘‘(2) accept voluntary and uncompensated serv24 ices, notwithstanding section 1342 of title 31; 


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1 ‘‘(3) procure for the Commission temporary and 

2 intermittent services to the same extent as is author3 ized by section 3109(b) of title 5; 

4 ‘‘(4) collect systematically the data obtained 

5 from studies, research, and the empirical experience 

6 of public and private agencies concerning the parole 

7 process; 

8 ‘‘(5) carry out programs of research concerning 

9 the parole process to develop classification systems 

10 which describe types of offenders, and to develop 

11 theories and practices which can be applied to the 

12 different types of offenders; 

13 ‘‘(6) publish data concerning the parole process; 

14 ‘‘(7) devise and conduct, in various geographical 

15 locations, seminars, workshops, and training pro16 grams providing continuing studies and instruction 

17 for personnel of Federal, State, and local agencies 

18 and private and public organizations working with 

19 parolees and connected with the parole process; and 

20 ‘‘(8) use the services, equipment, personnel, in21 formation, facilities, and instrumentalities with or 

22 without reimbursement therefor of other Federal, 

23 State, local, and private agencies with their consent. 

24 ‘‘(c) CONSISTENCY WITH NATIONAL PAROLE POLI25 CIES.—In carrying out the functions under this section, 


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1 the Chairperson shall be governed by the national parole 

2 policies promulgated by the Commission. 

3 ‘‘§ 3634. Time of eligibility for release on parole 

4 ‘‘(a) ELIGIBILITY.— 

5 ‘‘(1) IN GENERAL.—Except to the extent other6 wise provided by law— 

7 ‘‘(A) a prisoner confined and serving a 

8 definite term or terms of imprisonment of more 

9 than 1 year shall be eligible for release on pa10 role after serving 33.3 percent of such term or 

11 terms; and 

12 ‘‘(B) a prisoner confined and serving a life 

13 sentence shall be eligible for release on parole 

14 after serving 10 years. 

15 ‘‘(2) TERMS OF LESS THAN 1 YEAR.—Any pris16 oner sentenced to imprisonment for a term or terms 

17 of not less than 6 months, and not more than 1 

18 year, shall be released at the expiration of such sen19 tence, unless the court which imposed sentence shall, 

20 at the time of sentencing, provide for the prisoner’s 

21 release after service of 33.3 percent of such term or 

22 terms, which shall be deemed to be as if released on 

23 parole. This paragraph shall not prevent delivery of 

24 any person released on parole to the authorities of 


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1 any State otherwise entitled to custody of the per2 son. 

3 ‘‘(b) DETERMINATIONS BY COURT.—Upon entering 

4 a judgment of conviction, the court having jurisdiction to 

5 impose sentence, when in its opinion the ends of justice 

6 and best interest of the public require that the defendant 

7 be sentenced to imprisonment for a term exceeding 1 year, 

8 may— 

9 ‘‘(1) designate in the sentence of imprisonment 

10 imposed a minimum term at the expiration of which 

11 the defendant shall become eligible for parole, which 

12 term may not be more than 33.3 percent of the max13 imum sentence imposed by the court; or 

14 ‘‘(2) fix the maximum sentence of imprisonment 

15 to be served by the defendant, in which event the 

16 court may specify that the defendant may be re17 leased on parole at such time as the Commission 

18 may determine. 

19 ‘‘(c) ADDITIONAL INFORMATION.— 

20 ‘‘(1) IN GENERAL.—If the court desires more 

21 detailed information as a basis for determining the 

22 sentence to be imposed, the court may commit the 

23 defendant to the custody of the Attorney General, 

24 which commitment shall be deemed to be for the 


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1 maximum sentence of imprisonment prescribed by 

2 law, for a study as described in subsection (d). 

3 ‘‘(2) REPORT AND RECOMMENDATIONS OF DI4 RECTOR.—Not later than 3 months after a defend5 ant is committed under paragraph (1), unless the 

6 court grants additional time, not to exceed 3 

7 months, for further study, the results of the study 

8 described in subsection (d), together with any rec9 ommendations which the Director believes would be 

10 helpful in determining the disposition of the case, 

11 shall be furnished to the court. 

12 ‘‘(3) SENTENCING AFTER ADDITIONAL INFOR13 MATION.—After receiving a report and recommenda14 tions under paragraph (2), the court may in its dis15 cretion— 

16 ‘‘(A) place the offender on probation in ac17 cordance with subchapter A; or 

18 ‘‘(B)(i)(I) affirm the sentence of imprison19 ment originally deemed to be imposed; or 

20 ‘‘(II) reduce the sentence of imprisonment; 

21 and 

22 ‘‘(ii) commit the offender under any appli23 cable provision of law. 

24 ‘‘(4) RUNNING OF TERM.—The term of a sen25 tence imposed under paragraph (3) shall run from 


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1 the date of original commitment under this sub2 section. 

3 ‘‘(d) STUDY UPON COMMITMENT.— 

4 ‘‘(1) IN GENERAL.—Upon commitment of a 

5 prisoner sentenced to imprisonment under sub6 section (a) or (b), the Director, under such regula7 tions as the Attorney General may prescribe, shall 

8 cause a complete study to be made of the prisoner 

9 and shall furnish to the Commission a summary re10 port together with any recommendations which in 

11 the opinion of the Director would be helpful in deter12 mining the suitability of the prisoner for parole. 

13 ‘‘(2) CONTENTS.—A report under paragraph 

14 (1) may include— 

15 ‘‘(A) data regarding the prisoner’s previous 

16 delinquency or criminal experience; 

17 ‘‘(B) pertinent circumstances of the social 

18 background, capabilities, and mental and phys19 ical health of the prisoner; and 

20 ‘‘(C) consideration of such other factors as 

21 may be considered pertinent. 

22 ‘‘(3) STUDY BY COMMISSION.—The Commission 

23 may make such other investigation relating to a 

24 prisoner as it may determine necessary. 


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1 ‘‘(e) PROVISION OF INFORMATION.—Upon request of 

2 the Commission, it shall be the duty of the various proba3 tion officers and agencies of the Federal Government to 

4 furnish the Commission— 

5 ‘‘(1) information available to such officer or 

6 agency concerning any eligible prisoner or parolee; 

7 and 

8 ‘‘(2) whenever not incompatible with the public 

9 interest, their views and recommendation with re10 spect to any matter within the jurisdiction of the 

11 Commission. 

12 ‘‘(f) REDUCTION OF MINIMUM TERM.—At any time, 

13 upon motion of the Director, the court may reduce any 

14 minimum term before a prisoner may be released on pa15 role to the time the prisoner has served. The court shall 

16 have jurisdiction to act upon the application at any time 

17 and no hearing shall be required. 

18 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sub19 chapter shall be construed to provide that any prisoner 

20 shall be eligible for release on parole if such prisoner is 

21 ineligible for such release under any other provision of law. 

22 ‘‘§ 3635. Parole determination criteria 

23 ‘‘(a) IN GENERAL.—Subject to subsections (b) and 

24 (c), and in accordance with guidelines promulgated by the 


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1 Commission under section 3632, an eligible prisoner shall 

2 be released on parole if— 

3 ‘‘(1) the eligible prisoner has substantially ob4 served the rules of the institution or institutions to 

5 which the eligible prisoner has been confined; and 

6 ‘‘(2) the Commission, upon consideration of the 

7 nature and circumstances of the offense and the his8 tory and characteristics of the eligible prisoner, de9 termines that release would not— 

10 ‘‘(A) depreciate the seriousness of the of11 fense or promote disrespect for the law; or 

12 ‘‘(B) jeopardize the public welfare. 

13 ‘‘(b) EXCEPTION.—Notwithstanding the guidelines 

14 promulgated by the Commission under section 3632, the 

15 Commission may grant or deny release on parole if it de16 termines there is good cause for so doing. 

17 ‘‘(c) NOTICE.—The Commission shall furnish an eli18 gible prisoner with a written notice of its determination 

19 (including any determination described in subsection (b)) 

20 not later than 21 days, excluding holidays, after the date 

21 of the parole determination proceeding. If parole is denied, 

22 such notice shall state with particularity the reasons for 

23 such denial. 

24 ‘‘(d) CERTAIN PRISONERS.— 


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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 any prisoner serving a term or terms of imprison3 ment of 5 years or longer, who is not earlier released 

4 under this section or any other applicable provision 

5 of law, shall be released on parole— 

6 ‘‘(A) on the date on which the prisoner has 

7 served 66.6 percent of each consecutive term or 

8 terms; or 

9 ‘‘(B) for a prisoner serving consecutive 

10 term or terms of imprisonment of more than 45 

11 years (including any life term), the earlier of— 

12 ‘‘(i) the date described in subpara13 graph (A); or 

14 ‘‘(ii) the date on which the prisoner 

15 has served 30 years. 

16 ‘‘(2) EXCEPTION.—The Commission shall not 

17 release a prisoner under paragraph (1) if it deter18 mines that— 

19 ‘‘(A) the prisoner has seriously or fre20 quently violated institution rules and regula21 tions; or 

22 ‘‘(B) there is a reasonable probability that 

23 the prisoner will commit any Federal, State, or 

24 local crime. 


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1 ‘‘§ 3636. Information considered 

2 ‘‘In making a determination under this subchapter 

3 relating to release on parole of an eligible prisoner, the 

4 Commission shall consider, if available and relevant— 

5 ‘‘(1) reports and recommendations which the 

6 staff of the facility in which such eligible prisoner is 

7 confined may make; 

8 ‘‘(2) official reports of the eligible prisoner’s 

9 prior criminal record, including a report or record of 

10 earlier probation and parole experiences; 

11 ‘‘(3) presentence investigation reports; 

12 ‘‘(4) recommendations regarding the eligible 

13 prisoner’s parole made at the time of sentencing by 

14 the sentencing judge; 

15 ‘‘(5) reports of physical, mental, or psychiatric 

16 examination of the eligible prisoner; and 

17 ‘‘(6) such additional relevant information con18 cerning the eligible prisoner (including information 

19 submitted by the eligible prisoner) as may be reason20 ably available. 

21 ‘‘§ 3637. Parole determination proceeding; time 

22 ‘‘(a) PROCEEDINGS.— 

23 ‘‘(1) IN GENERAL.—In making a determination 

24 under this subchapter (relating to parole), the Com25 mission shall conduct a parole determination pro26 ceeding unless it determines on the basis of the eligiVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01186 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 ble prisoner’s record that the eligible prisoner will be 

2 released on parole. 

3 ‘‘(2) TIMING.— 

4 ‘‘(A) IN GENERAL.—Whenever feasible, the 

5 initial parole determination proceeding for a 

6 prisoner eligible for parole under subsection 

7 (a)(1) or (b)(1) of section 3634 shall be held 

8 not later than 30 days before the date of such 

9 eligibility for parole. 

10 ‘‘(B) OTHER PROCEEDINGS.—Whenever 

11 feasible, the initial parole determination pro12 ceeding for a prisoner eligible for parole under 

13 section 3634(b)(2) or who was released on pa14 role, and whose parole has been revoked, shall 

15 be held not later than 120 days following such 

16 prisoner’s imprisonment or reimprisonment in a 

17 Federal institution, as the case may be. 

18 ‘‘(3) WAIVER.—An eligible prisoner may know19 ingly and intelligently waive any parole determina20 tion proceeding. 

21 ‘‘(b) NOTICE.— 

22 ‘‘(1) IN GENERAL.—Not later than 30 days be23 fore a parole determination proceeding relating to an 

24 eligible prisoner, the eligible prisoner shall be pro25 vided with— 


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1 ‘‘(A) written notice of the time and place 

2 of the proceeding; and 

3 ‘‘(B) reasonable access to any reports or 

4 other documents to be used by the Commission 

5 in making its determination. 

6 ‘‘(2) WAIVER.—An eligible prisoner may waive 

7 notice of a parole determination proceeding, except 

8 that if notice is not waived, the proceeding shall be 

9 held during the next regularly scheduled proceedings 

10 by the Commission at the institution in which the el11 igible prisoner is confined. 

12 ‘‘(c) WITHHOLDING OF CERTAIN MATERIALS.— 

13 ‘‘(1) IN GENERAL.—Subsection (b)(1)(B) shall 

14 not apply to— 

15 ‘‘(A) diagnostic opinions which, if made 

16 known to the eligible prisoner, could lead to a 

17 serious disruption of the institutional program; 

18 ‘‘(B) any document which reveals sources 

19 of information obtained upon a promise of con20 fidentiality; or 

21 ‘‘(C) any other information which, if dis22 closed, might result in harm, physical or other23 wise, to any person. 

24 ‘‘(2) SUMMARIES.—If access to a report or 

25 other document is not provided by the Commission, 


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1 the Bureau of Prisons, or any other agency under 

2 paragraph (1), the Commission, the Bureau, or such 

3 other agency, respectively, shall provide to the eligi4 ble prisoner a summary of the basic contents of the 

5 material withheld, bearing in mind the need for con6 fidentiality and the impact on the eligible prisoner. 

7 ‘‘(d) CONSULTATION AND REPRESENTATION.— 

8 ‘‘(1) IN GENERAL.—During the period before a 

9 parole determination proceeding described in sub10 section (b)(1), an eligible prisoner may consult, as 

11 provided by the Director, with a representative as 

12 referred to in paragraph (2), and by mail or other13 wise with any person concerning such proceeding. 

14 ‘‘(2) REPRESENTATION AT PROCEEDING.—An 

15 eligible prisoner shall, if the eligible prisoner choos16 es, be represented at the parole determination pro17 ceeding by a representative who qualifies under rules 

18 promulgated by the Commission. Such rules shall 

19 not exclude attorneys as a class. 

20 ‘‘(e) TESTIMONY BY ELIGIBLE PRISONER.—An eligi21 ble prisoner shall be allowed to appear and testify on his 

22 or her own behalf at the parole determination proceeding. 

23 ‘‘(f) RECORDS.—A full and complete record of every 

24 parole determination proceeding shall be retained by the 

25 Commission. Upon request, the Commission shall make 


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1 available to any eligible prisoner such record as the Com2 mission may retain of the parole determination pro3 ceeding. 

4 ‘‘(g) CONFERENCE IF DENIED.—If parole is denied, 

5 and if feasible— 

6 ‘‘(1) a personal conference to explain the rea7 sons for the denial shall be held between the eligible 

8 prisoner and the Commissioners or examiners con9 ducting the proceeding at the conclusion of the pro10 ceeding; and 

11 ‘‘(2) the conference shall include advice to the 

12 eligible prisoner as to what steps may be taken to 

13 enhance the chance of being released at a subse14 quent proceeding. 

15 ‘‘(h) SUBSEQUENT PROCEEDINGS IF DENIED.—In 

16 any case in which release on parole is not granted, subse17 quent parole determination proceedings shall be held not 

18 less frequently than every— 

19 ‘‘(1) 18 months in the case of an eligible pris20 oner serving a term or terms of imprisonment of 

21 more than 1 year and less than 7 years; and 

22 ‘‘(2) 24 months in the case of an eligible pris23 oner serving a term or terms of imprisonment of not 

24 less than 7 years. 


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1 ‘‘§ 3638. Conditions of parole 

2 ‘‘(a) CONDITIONS.— 

3 ‘‘(1) NO OTHER CRIMES.—In every case, the 

4 Commission shall impose as a condition of parole 

5 that the parolee not commit another Federal, State, 

6 or local crime. 

7 ‘‘(2) OTHER CONDITIONS.—The Commission— 

8 ‘‘(A) may impose or modify other condi9 tions of parole to the extent that such condi10 tions are reasonably related to— 

11 ‘‘(i) the nature and circumstances of 

12 the offense; and 

13 ‘‘(ii) the history and characteristics of 

14 the parolee; and 

15 ‘‘(B) may provide for such supervision and 

16 other limitations as are reasonable to protect 

17 the public welfare. 

18 ‘‘(b) SCOPE OF CONDITIONS.— 

19 ‘‘(1) IN GENERAL.—The conditions of parole 

20 should be sufficiently specific to serve as a guide to 

21 supervision and conduct. 

22 ‘‘(2) CERTIFICATE.—Upon release on parole, a 

23 parolee shall be given a certificate setting forth the 

24 conditions of parole. An effort shall be made to 

25 make certain that the parolee understands the condi26 tions of parole. 


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1 ‘‘(c) TREATMENT.— 

2 ‘‘(1) IN GENERAL.—Release on parole or re3 lease as if on parole may as a condition of such re4 lease require— 

5 ‘‘(A) a parolee to reside in or participate in 

6 the program of a residential community treat7 ment center, or both, for all or part of the pe8 riod of such parole; and 

9 ‘‘(B) a parolee who is an addict (as defined 

10 under section 102 of the Controlled Substances 

11 Act (21 U.S.C. 802)) or a drug dependent per12 son (as defined in section 2 of the Public 

13 Health Service Act (42 U.S.C. 201)) to undergo 

14 available medical, psychiatric, or psychological 

15 treatment for drug or alcohol dependency for all 

16 or part of the period of parole. 

17 ‘‘(2) COSTS.—A parolee residing in a residen18 tial community treatment center pursuant to para19 graph (1) may be required to pay such costs incident 

20 to residence as the Commission determines appro21 priate. 

22 ‘‘(d) MODIFICATION OF CONDITIONS.— 

23 ‘‘(1) IN GENERAL.—The Commission may mod24 ify conditions of parole under this section on its own 


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1 motion, or on the motion of a United States proba2 tion officer supervising a parolee. 

3 ‘‘(2) NOTICE REQUIRED.—A parolee shall re4 ceive notice of a proposed modification of conditions 

5 of parol and a period of not less than 10 days after 

6 receipt of such notice to express the views of the pa7 rolee on the proposed modification. 

8 ‘‘(3) PERIOD FOR DETERMINATION.—Not later 

9 than 21 days after the end of the 10-day period de10 scribed in paragraph (2), the Commission shall act 

11 upon a motion or application to modify conditions of 

12 parole. 

13 ‘‘(4) PETITION BY PAROLEE.—A parolee may 

14 petition the Commission for a modification of condi15 tions under this section. 

16 ‘‘(5) RELATION TO REVOCATION PRO17 CEEDINGS.—This subsection shall not apply to modi18 fications of parole conditions under a revocation pro19 ceeding under section 3643. 

20 ‘‘§ 3639. Jurisdiction of Commission 

21 ‘‘(a) ATTORNEY GENERAL JURISDICTION.—A pa22 rolee shall remain in the legal custody and under the con23 trol of the Attorney General, until the expiration of the 

24 maximum term or terms of imprisonment to which such 

25 parolee was sentenced. 


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1 ‘‘(b) JURISDICTION OF COMMISSION GENERALLY.— 

2 Except as otherwise provided in this section, the jurisdic3 tion of the Commission over the parolee shall terminate 

4 not later than the date of the expiration of the maximum 

5 term or terms for which the parolee was sentenced, except 

6 that— 

7 ‘‘(1) such jurisdiction shall terminate at an ear8 lier date to the extent provided under section 

9 3624(b)(5) or section 3640; and 

10 ‘‘(2) in the case of a parolee who has been con11 victed of a Federal, State, or local crime committed 

12 subsequent to release on parole that is punishable by 

13 a term of imprisonment, detention, or incarceration 

14 in any penal facility, the Commission shall deter15 mine, in accordance with subsection (b) or (c) of sec16 tion 3643, whether all or any part of the unexpired 

17 term being served at the time of parole shall run 

18 concurrently or consecutively with the sentence im19 posed for the new offense, but in no case shall such 

20 service together with such time as the parolee has 

21 previously served in connection with the offense for 

22 which the parolee was paroled, be longer than the 

23 maximum term for which the parolee was sentenced 

24 in connection with such offense. 


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1 ‘‘(c) INTENTIONAL FAILURE OR REFUSAL.—If a pa2 rolee intentionally refuses or fails to respond to any rea3 sonable request, order, summons, or warrant of the Com4 mission or any member or agent thereof, the jurisdiction 

5 of the Commission may be extended for the period during 

6 which the parolee so refuses or fails to respond. 

7 ‘‘(d) OTHER SENTENCES.—The parole of any parolee 

8 shall run concurrently with the period of parole or proba9 tion under any other Federal, State, or local sentence. 

10 Upon the termination of the jurisdiction of the Commis11 sion over any parolee, the Commission shall issue a certifi12 cate of discharge to the parolee and to such other agencies 

13 as it may determine. 

14 ‘‘§ 3640. Early termination of parole 

15 ‘‘(a) IN GENERAL.—Upon its own motion or upon re16 quest of the parolee, the Commission may terminate su17 pervision over a parolee prior to the termination of juris18 diction under section 3639. 

19 ‘‘(b) STATUS REVIEWS.— 

20 ‘‘(1) IN GENERAL.—Not later than 2 years 

21 after a parolee is released on parole, and every year 

22 thereafter, the Commission shall review the status of 

23 the parolee to determine the need for continued su24 pervision. 


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1 ‘‘(2) EXCLUSION OF CERTAIN PERIODS.—In 

2 calculating the 2-year period described in paragraph 

3 (1), there shall not be included any period of release 

4 on parole prior to the most recent such release, nor 

5 any period served in confinement on any other sen6 tence. 

7 ‘‘(c) TERMINATION AFTER 5 YEARS.— 

8 ‘‘(1) IN GENERAL.—Five years after a parolee 

9 is released on parole, the Commission shall termi10 nate supervision over the parolee unless the Commis11 sion determines, after a hearing conducted in ac12 cordance with the procedures prescribed in section 

13 3643(a)(2), that such supervision should not be ter14 minated because there is a likelihood that the pa15 rolee will engaged in conduct violating any criminal 

16 law. 

17 ‘‘(2) CONTINUATION OF PAROLE.—If super18 vision is not terminated under paragraph (1), the 

19 parolee may request a hearing annually thereafter, 

20 and a hearing, with procedures in accordance with 

21 paragraph (1), shall be conducted with respect to 

22 such termination of supervision not less frequently 

23 than every 2 years. 

24 ‘‘(3) EXCLUSION OF CERTAIN PERIODS.—In 

25 calculating the 5-year period described in paragraph 


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1 (1), there shall not be included any period of release 

2 on parole prior to the most recent such release, nor 

3 any period served in confinement on any other sen4 tence. 

5 ‘‘§ 3641. Aliens 

6 ‘‘(a) ELIGIBILITY OF PAROLE FOR ALIENS.—Not7 withstanding any other provision of law, aliens shall be 

8 eligible for parole under this title. 

9 ‘‘(b) ALIENS WITH FINAL ORDERS OF REMOVAL.— 

10 When an alien prisoner subject to a final order of removal 

11 becomes eligible for parole, the Commission may authorize 

12 the release of such prisoner and, when parole becomes ef13 fective, may deliver such prisoner to a duly authorized im14 migration official for removal. 

15 ‘‘§ 3642. Summons to appear or warrant for retaking 

16 of parolee 

17 ‘‘(a) IN GENERAL.—If a parolee is alleged to have 

18 violated the conditions of parole, the Commission may— 

19 ‘‘(1) summon such parolee to appear at a hear20 ing conducted under section 3643; or 

21 ‘‘(2) issue a warrant and retake the parolee as 

22 provided in this section. 

23 ‘‘(b) ISSUANCE OF SUMMONS OR WARRANT.— 

24 ‘‘(1) IN GENERAL.—A summons or warrant 

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1 mission as soon as practicable after discovery of the 

2 alleged violation, except when delay is determined 

3 necessary. 

4 ‘‘(2) IMPRISONMENT.—Imprisonment in an in5 stitution shall not constitute grounds for delay of 

6 such issuance, except that, in the case of any parolee 

7 charged with a criminal offense, issuance of a sum8 mons or warrant may be suspended pending disposi9 tion of the charge. 

10 ‘‘(c) NOTICE.—A summons or warrant issued under 

11 this section shall provide the parolee with written notice 

12 of— 

13 ‘‘(1) the conditions of parole imposed under 

14 section 3638 that the parolee is alleged to have vio15 lated; 

16 ‘‘(2) the rights of the parolee under this sub17 chapter; and 

18 ‘‘(3) the possible action which may be taken by 

19 the Commission. 

20 ‘‘(d) EXECUTION OF WARRANTS.—An officer of a 

21 Federal penal or correctional institution, or a Federal offi22 cer authorized to serve criminal process within the United 

23 States, to whom a warrant issued under this section is 

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1 gional commissioner, or to the custody of the Attorney 

2 General, if the Commission shall so direct. 

3 ‘‘§ 3643. Revocation of parole 

4 ‘‘(a) REVOCATION GENERALLY.— 

5 ‘‘(1) IN GENERAL.—Except as provided in sub6 sections (b) and (c)— 

7 ‘‘(A) an alleged parole violator summoned 

8 or retaken under section 3642 shall be afforded 

9 the opportunity to have a preliminary hearing 

10 at or reasonably near the place of the alleged 

11 parole violation or arrest, without unnecessary 

12 delay, to determine if there is probable cause to 

13 believe that the parolee has violated a condition 

14 of parole; 

15 ‘‘(B) upon a finding of probable cause, and 

16 except as provided in subparagraph (C)— 

17 ‘‘(i) a digest shall be prepared by the 

18 Commission setting forth in writing the 

19 factors considered and the reasons for the 

20 decision; and 

21 ‘‘(ii) a copy of the digest shall be 

22 given to the parolee within a reasonable 

23 period of time; 

24 ‘‘(C) the Commission may restore any pa25 rolee to parole supervision if— 


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1 ‘‘(i) continuation of revocation pro2 ceedings is not warranted; 

3 ‘‘(ii) incarceration of the parolee 

4 pending further revocation proceedings is 

5 not warranted by the alleged frequency or 

6 seriousness of such violation or violations; 

7 ‘‘(iii) the parolee is not likely to fail to 

8 appear for further proceedings; and 

9 ‘‘(iv) the parolee does not constitute a 

10 danger to himself, herself, or others; and 

11 ‘‘(D) not later than 60 days after a finding 

12 of probable cause, a revocation hearing shall be 

13 held at or reasonably near the place of the al14 leged parole violation or arrest, except that a 

15 revocation hearing may be held at the same 

16 time and place set for the preliminary hearing. 

17 ‘‘(2) HEARING PROCEDURES.—For a hearing 

18 held under paragraph (1)— 

19 ‘‘(A) notice shall be given to the parolee of 

20 the conditions of parole alleged to have been 

21 violated, and the time, place, and purposes of 

22 the scheduled hearing; 

23 ‘‘(B) the parolee shall have an opportunity 

24 to be represented by an attorney (retained by 

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1 able to retain counsel, counsel shall be provided 

2 under section 3006A) or, if the parolee so 

3 chooses, a representative as provided by rules 

4 and regulations, unless the parolee knowingly 

5 and intelligently waives such representation; 

6 ‘‘(C) the parolee shall have an opportunity 

7 to appear and testify, and present witnesses 

8 and relevant evidence on his or her own behalf; 

9 and 

10 ‘‘(D) the parolee shall have an opportunity 

11 to be apprised of the evidence against the pa12 rolee and, if the parolee so requests, to confront 

13 and cross-examine adverse witnesses, unless the 

14 Commission specifically finds substantial reason 

15 for not so allowing. 

16 ‘‘(3) SUBPOENAS.—For purposes of paragraph 

17 (1), the Commission may subpoena witnesses and 

18 evidence, and pay witness fees as established for the 

19 courts of the United States. If a person refuses to 

20 obey such a subpoena, the Commission may petition 

21 a court of the United States for the judicial district 

22 in which such parole proceeding is being conducted, 

23 or in which such person may be found, to request 

24 such person to attend, testify, and produce evidence. 

25 The court may issue an order requiring such person 


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1 to appear before the Commission, when the court 

2 finds such information, thing, or testimony directly 

3 related to a matter with respect to which the Com4 mission is empowered to make a determination 

5 under this section. Failure to obey such an order is 

6 punishable by such court as a contempt. All process 

7 in such a case may be served in the judicial district 

8 in which such a parole proceeding is being con9 ducted, or in which such person may be found. 

10 ‘‘(b) CONVICTION OF CRIMES WHILE ON PAROLE.— 

11 ‘‘(1) IN GENERAL.—Conviction for a Federal, 

12 State, or local crime committed subsequent to re13 lease on parole shall constitute probable cause for 

14 purposes of subsection (a). 

15 ‘‘(2) PAROLEES INCARCERATED.—If a parolee 

16 has been convicted of a Federal, State, or local 

17 crime and is serving a new sentence in an institu18 tion, a parole revocation warrant or summons issued 

19 under section 3642 may be placed against the pa20 rolee as a detainer. Not later than 180 days after 

21 the Commission receives notice of the placement of 

22 a detainer, the detainer shall be reviewed by the 

23 Commission. The parolee shall receive notice of the 

24 pending review, have an opportunity to submit a 

25 written application containing information relative to 


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1 the disposition of the detainer, and, unless waived, 

2 shall have counsel as provided in subsection 

3 (a)(2)(B) to assist in the preparation of such appli4 cation. 

5 ‘‘(3) HEARING.—If the Commission determines 

6 that additional information is needed to review a de7 tainer under paragraph (2), a dispositional hearing 

8 may be held at the institution in which the parolee 

9 is confined. The parolee shall receive notice of such 

10 hearing, be allowed to appear and testify on his or 

11 her own behalf, and, unless waived, shall have coun12 sel as provided in subsection (a)(2)(B). 

13 ‘‘(4) RESOLUTION.—Following the review relat14 ing to the disposition of a detainer, the Commission 

15 may— 

16 ‘‘(A) let the detainer stand; or 

17 ‘‘(B) withdraw the detainer. 

18 ‘‘(c) CERTAIN ALLEGED PAROLE VIOLATORS.— 

19 ‘‘(1) REVOCATION HEARING.— 

20 ‘‘(A) IN GENERAL.—An alleged parole vio21 lator described in subparagraph (B) shall re22 ceive a revocation hearing within 90 days of the 

23 date of retaking. 

24 ‘‘(B) COVERED ALLEGED PAROLE VIOLA25 TORS.—An alleged parole violator described in 


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1 this subparagraph is an alleged parole violator 

2 who— 

3 ‘‘(i) is summoned or retaken by war4 rant under section 3642 and knowingly 

5 and intelligently waives the right to a hear6 ing under subsection (a); 

7 ‘‘(ii) knowingly and intelligently ad8 mits violation at a preliminary hearing 

9 held under subsection (a)(1)(A); or 

10 ‘‘(iii) is retaken under subsection (b). 

11 ‘‘(C) CONDUCT OF HEARING.—The Com12 mission may conduct a hearing under subpara13 graph (A) at the institution to which the pa14 rolee has been returned, and the alleged parole 

15 violator shall receive notice of the hearing, be 

16 allowed to appear and testify on his or her own 

17 behalf, and, unless waived, shall have counsel or 

18 another representative as provided in subsection 

19 (a)(2)(B). 

20 ‘‘(d) DISPOSITION.— 

21 ‘‘(1) IN GENERAL.—If a parolee is summoned 

22 or retaken under section 3642, and the Commission 

23 finds, in accordance with this section (including 

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1 derance of the evidence, that the parolee has violated 

2 a condition of parole, the Commission may— 

3 ‘‘(A) restore the parolee to supervision; 

4 ‘‘(B) reprimand the parolee; 

5 ‘‘(C) modify the conditions of the parole of 

6 the parolee; 

7 ‘‘(D) refer the parolee to a residential com8 munity treatment center for all or part of the 

9 remainder of the original sentence; or 

10 ‘‘(E) formally revoke parole or release as if 

11 on parole under this title. 

12 ‘‘(2) REQUIREMENTS.—The Commission may 

13 take an action under paragraph (1) if it has taken 

14 into consideration— 

15 ‘‘(A) whether the parolee has been con16 victed of any Federal, State, or local crime sub17 sequent to release on parole, and the serious18 ness thereof; and 

19 ‘‘(B) whether the action is warranted by 

20 the frequency or seriousness of the violation by 

21 the parolee of any other condition or conditions 

22 of parole. 

23 ‘‘(e) NOTICE.—Not later than 21 days, excluding 

24 holidays, after a revocation hearing under this section, the 

25 Commission shall furnish the parolee with a written notice 


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1 of its determination. If parole is revoked, a digest shall 

2 be prepared by the Commission setting forth in writing 

3 the factors considered and reasons for such action, a copy 

4 of which shall be given to the parolee. 

5 ‘‘§ 3644. Reconsideration and appeal 

6 ‘‘(a) IN GENERAL.—If parole release is denied under 

7 section 3635, parole conditions are imposed or modified 

8 under section 3638, parole discharge is denied under sec9 tion 3640(c), or parole is modified or revoked under sec10 tion 3643, the individual to whom such decision applies 

11 may have the decision reconsidered by submitting a writ12 ten application to the regional Commissioner not later 

13 than 30 days after the date on which the decision is ren14 dered. 

15 ‘‘(b) REVIEW BY REGIONAL COMMISSIONER.—Not 

16 later than 30 days after receipt of an application under 

17 subsection (a), a regional Commissioner shall— 

18 ‘‘(1) acting in accordance with rules and regula19 tions, reaffirm, modify, or reverse the original deci20 sion; and 

21 ‘‘(2) inform the applicant in writing of the deci22 sion and the reasons therefor. 

23 ‘‘(c) APPEAL TO NATIONAL APPEALS BOARD.— 

24 ‘‘(1) IN GENERAL.—Any decision made under 

25 subsection (b) which is adverse to the applicant for 


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1 reconsideration may be appealed by the individual to 

2 the National Appeals Board by submitting a written 

3 notice of appeal not later than 30 days following the 

4 date on which such decision is rendered. 

5 ‘‘(2) REVIEW.—In accordance with rules and 

6 regulations, the National Appeals Board— 

7 ‘‘(A) not later than 60 days after receipt 

8 of an appellant’s papers, shall reaffirm, modify, 

9 or reverse the decision; and 

10 ‘‘(B) shall inform the appellant in writing 

11 of the decision and the reasons therefor. 

12 ‘‘§ 3645. Young adult offenders 

13 ‘‘(a) DEFINITION.—In this section, the term ‘young 

14 adult offender’ means an individual— 

15 ‘‘(1) who has been convicted of a Federal of16 fense; and 

17 ‘‘(2) on the date of the conviction, is not less 

18 than 22 years of age and is less than 26 years of 

19 age. 

20 ‘‘(b) TREATMENT AS A JUVENILE.—A young adult 

21 offender may be deemed a juvenile for purposes of chapter 

22 403 if, after taking into consideration the previous record 

23 of the young adult offender as to delinquency or criminal 

24 experience, the social background, capabilities, mental and 

25 physical health of the young adult offender, and such 


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1 other factors as may be considered pertinent, the court 

2 finds that there are reasonable grounds to believe that the 

3 young adult offender will benefit from being treated as a 

4 juvenile under chapter 403. 

5 ‘‘§ 3646. Applicability of Administrative Procedure 

6 Act 

7 ‘‘(a) IN GENERAL.—The Commission shall be an 

8 agency for purposes of chapter 5 of title 5, except for sec9 tions 554, 555, 556, and 557. 

10 ‘‘(b) RULEMAKING.—For purposes of subsection (a), 

11 section 553(b)(3)(A) of title 5 shall be applied as though 

12 ‘, general statements of policy,’ were struck. 

13 ‘‘(c) JUDICIAL REVIEW.—To the extent that actions 

14 of the Commission under section 3632(a)(1) are not in 

15 accord with section 553 of title 5, they shall be reviewable 

16 in accordance with chapter 7 of title 5. 

17 ‘‘(d) EXCLUSION OF CERTAIN ACTIONS.—Actions of 

18 the Commission under paragraphs (1), (2), and (3) of sec19 tion 3632(b) shall be considered actions committed to 

20 agency discretion for purposes of section 701(a)(2) of title 

21 5.’’. 

22 (b) PERMANENT CONTINUATION OF PAROLE COM23 MISSION.—Notwithstanding section 235(b) of the Sen24 tencing Reform Act of 1984 (18 U.S.C. 3551 note), the 

25 United States Parole Commission shall not be terminated 


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1 under such section and appointments to the United States 

2 Parole Commission shall be made in accordance with sec3 tion 4202 of title 18, United States Code, as in effect on 

4 the day before the effective date of the Sentencing Reform 

5 Act of 1984 under section 235(a) of such Act (18 U.S.C. 

6 3551 note). 

7 (c) CREDIT TOWARD SERVICE OF SENTENCE FOR

8 SATISFACTORY BEHAVIOR.—Section 3624(b) of title 18, 

9 United States Code, is amended by adding at the end the 

10 following: 

11 ‘‘(5) A prisoner having served the term or 

12 terms of imprisonment of the prisoner, less credit to13 ward the service of the prisoner’s sentence under 

14 this subsection, shall, upon release, be deemed as if 

15 released on parole until the expiration of the max16 imum term or terms for which the prisoner was sen17 tenced less 180 days. This paragraph shall not pre18 vent delivery of a prisoner to the authorities of any 

19 State otherwise entitled to custody of the prisoner.’’. 

20 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 (1) Section 3553 of title 18, United States 

22 Code, is amended— 

23 (A) in subsection (b), by inserting ‘‘max24 imum’’ before ‘‘sentence of the kind’’ each place 

25 it appears; and 


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1 (B) in subsection (c), in the matter pre2 ceding paragraph (1), by inserting ‘‘maximum’’ 

3 before ‘‘sentence—’’. 

4 (2) Section 3621(a) of title 18, United States 

5 Code, is amended by inserting ‘‘on parole’’ before 

6 ‘‘for satisfactory behavior’’. 

7 (3) Section 3624 of title 18, United States 

8 Code, is amended— 

9 (A) in subsection (a), by striking ‘‘A pris10 oner’’ and inserting ‘‘Subject to release on pa11 role under subchapter D, a prisoner’’; 

12 (B) in subsection (b)(2), by inserting ‘‘, 

13 which shall not include a release on parole 

14 under subchapter D’’ after ‘‘released from cus15 tody’’; and 

16 (C) in subsection (d), by inserting ‘‘or on 

17 parole under subchapter D’’ after ‘‘Upon the 

18 release of a prisoner’’. 

19 (4) Section 4321 of title 18, United States 

20 Code, is amended by inserting ‘‘or parole’’ before the 

21 period at the end. 

22 (5) Chapter 403 of title 18, United States 

23 Code, is amended— 

24 (A) by inserting after section 5040 the fol25 lowing: 


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1 ‘‘§ 5041. Parole 

2 ‘‘A juvenile delinquent who has been committed may 

3 be released on parole at any time under such conditions 

4 and regulations as the United States Parole Commission 

5 determines proper in accordance with section 3635.’’; and 

6 (B) by striking the item relating to section 

7 5041 and inserting the following: 

‘‘5041. Parole.’’. 

8 (6) The table of subchapters for chapter 229 of 

9 title 18, United States Code, is amended by insert10 ing after the item relating to subchapter C the fol11 lowing: 

‘‘D. Parole ............................................................................................ 3631’’. 

12 (7) The Controlled Substances Act (21 U.S.C. 

13 801 et seq.) is amended— 

14 (A) in section 401(b)(1) (21 U.S.C. 

15 841(b)(1))— 

16 (i) in subparagraph (A), in the matter 

17 following clause (viii), by striking the last 

18 sentence; 

19 (ii) in subparagraph (B), in the mat20 ter following clause (viii), by striking the 

21 last sentence; and 

22 (iii) in subparagraph (C), in the last 

23 sentence, by striking ‘‘, nor shall a person 


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1 so sentenced be eligible for parole during 

2 the term of such a sentence’’; 

3 (B) in section 419(d) (21 U.S.C. 860(d)), 

4 by striking the second sentence; and 

5 (C) in section 420(e) (21 U.S.C. 861(e)), 

6 by striking the second sentence. 

7 (8) Section 1010(b) of the Controlled Sub8 stances Import and Export Act (21 U.S.C. 960(b)) 

9 is amended— 

10 (A) in paragraph (1), in the matter fol11 lowing subparagraph (H), by striking the last 

12 sentence; and 

13 (B) in paragraph (2), in the matter fol14 lowing subparagraph (H), by striking the last 

15 sentence. 

16 (e) APPLICABILITY.—The amendments made by this 

17 section shall apply with respect to any sentence imposed 

18 on or after January 1, 2019. 

19 SEC. 9007. TERMINATION OF DETENTION BED QUOTA. 

20 (a) IN GENERAL.—The matter under the heading 

21 ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘UNITED

22 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT’’ 

23 under title II of the Department of Homeland Security 

24 Appropriations Act, 2016 (division F of Public Law 114– 

25 113; 129 Stat. 2497) is amended by striking ‘‘Provided 


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1 further, That funding made available under this heading 

2 shall maintain a level of not less than 34,000 detention 

3 beds through September 30, 2016:’’. 

4 (b) DETENTION CAPACITY.—Notwithstanding any 

5 other provision of law, the number of detention beds main6 tained by U.S. Immigration and Customs Enforcement 

7 shall be determined by the Secretary of Homeland Secu8 rity and shall be based solely on detention needs. 

9 (c) ALTERNATIVES TO DETENTION.— 

10 (1) IN GENERAL.—The Secretary of Homeland 

11 Security shall establish nationwide alternatives to 

12 detention programs that incorporate case manage13 ment services in each field office of the Department 

14 of Homeland Security to ensure appearances at im15 migration proceedings and public safety. 

16 (2) CONTRACT AUTHORITY.—The Secretary 

17 may contract with nongovernmental community18 based organizations— 

19 (A) to conduct screening of detainees; 

20 (B) to operate community-based super21 vision programs; and 

22 (C) to implement secure alternatives that 

23 allow U.S. Immigration and Customs Enforce24 ment to maintain custody over the alien. 


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1 (3) ASSESSMENTS.—The Secretary shall regu2 larly assess the demand for alternative to detention 

3 programs and make available sufficient alternative 

4 to detention slots regardless of proximity to available 

5 detention beds. Alternative programs shall offer a 

6 continuum of supervision mechanisms and options, 

7 including community support, depending on an as8 sessment of each individual’s circumstances. Infor9 mation regarding the amount of slots available in 

10 each area shall be made public. 

11 (4) INDIVIDUALIZED DETERMINATIONS.—In de12 termining whether to use alternatives to detention 

13 programs, the Secretary shall make an individualized 

14 determination, and for each individual placed in an 

15 alternatives to detention program, shall review the 

16 level of supervision on a monthly basis. Alternatives 

17 to detention programs shall not be used when release 

18 on bond or recognizance is determined to be a suffi19 cient measure to ensure appearances at immigration 

20 proceedings and public safety. Detention shall not be 

21 used when alternatives to detention programs are 

22 determined to be a sufficient measure to ensure ap23 pearances at immigration proceedings and public 

24 safety. 


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1 (5) CUSTODY.—The Secretary may use alter2 natives to detention programs to maintain custody 

3 over any alien detained under the Immigration and 

4 Nationality Act, except for aliens detained under 

5 section 236A of such Act (8 U.S.C. 1226a). If an 

6 individual is not eligible for release from custody or 

7 detention, the Secretary shall consider the alien for 

8 placement in alternative programs that maintain 

9 custody over the alien. 

10 (6) VULNERABLE POPULATIONS.— 

11 (A) DEFINED TERM.—In this paragraph, 

12 the term ‘‘vulnerable population’’ includes, but 

13 is not limited to, asylum seekers, victims of tor14 ture or trafficking, families with minor children, 

15 pregnant women, nursing mothers, individuals 

16 who are gay, lesbian, bisexual, or transgender, 

17 individuals with a mental or physical disability, 

18 and individuals who are older than 65 years of 

19 age. 

20 (B) CONSIDERATIONS FOR PLACEMENT.— 

21 In determining whether to place a detainee in 

22 an alternatives to detention program, the Sec23 retary shall consider whether the detainee is a 

24 member of a vulnerable population. Notwith25 standing section 236 of the Immigration and 


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1 Nationality Act (8 U.S.C. 1226), a member of 

2 a vulnerable population whose needs cannot be 

3 adequately met by a detention facility may not 

4 be held in a detention facility unless the Sec5 retary determines such placement is in the in6 terest of national security. 

7 SEC. 9008. OVERSIGHT OF DETENTION FACILITIES. 

8 (a) DEFINITIONS.—In this section: 

9 (1) APPLICABLE STANDARDS.—The term ‘‘ap10 plicable standards’’ means the most recent version of 

11 detention standards and detention-related policies 

12 issued by the Secretary or the Director of U.S. Im13 migration and Customs Enforcement. 

14 (2) DETENTION FACILITY.—The term ‘‘deten15 tion facility’’ means a Federal, State, or local gov16 ernment facility, or a privately owned and operated 

17 facility, that is used, in whole or in part, to hold in18 dividuals under the authority of the Director of U.S. 

19 Immigration and Customs Enforcement, including 

20 facilities that hold such individuals under a contract 

21 or agreement with the Department of Homeland Se22 curity. 

23 (b) DETENTION REQUIREMENTS.—The Secretary of 

24 Homeland Security shall ensure that all persons detained 

25 pursuant to the Immigration and Nationality Act (8 


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1 U.S.C. 1101 et seq.) are treated humanely and benefit 

2 from the protections set forth in this section. 

3 (c) OVERSIGHT REQUIREMENTS.— 

4 (1) ANNUAL INSPECTION.—All detention facili5 ties housing aliens in the custody of the Department 

6 of Homeland Security shall be inspected, for compli7 ance with applicable detention standards issued by 

8 the Secretary and other applicable regulations, by— 

9 (A) the Secretary of Homeland Security at 

10 least annually; and 

11 (B) an independent, third-party auditor at 

12 least biannually. 

13 (2) ROUTINE OVERSIGHT.—In addition to the 

14 inspections required under paragraph (1), the Sec15 retary shall conduct routine oversight of the deten16 tion facilities described in paragraph (1), including 

17 unannounced inspections. 

18 (3) AVAILABILITY OF RECORDS.—All detention 

19 facility contracts, memoranda of agreement, audits, 

20 inspections, evaluations and reviews, include those 

21 conducted by the Office for Civil Rights and Civil 

22 Liberties and the Office of Inspector General of the 

23 Department of Homeland Security, shall be consid24 ered records for purposes of section 552(f)(2) of title 

25 5, United States Code. 


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1 (4) CONSULTATION.—The Secretary shall seek 

2 input from nongovernmental organizations regarding 

3 their independent opinion of specific facilities. 

4 (d) COMPLIANCE MECHANISMS.— 

5 (1) AGREEMENTS.— 

6 (A) NEW AGREEMENTS.—Compliance with 

7 applicable standards of the Secretary of Home8 land Security and all applicable regulations, and 

9 meaningful financial penalties for failure to 

10 comply, shall be a material term in any new 

11 contract, memorandum of agreement, or any re12 negotiation, modification, or renewal of an ex13 isting contract or agreement, including fee ne14 gotiations, executed with detention facilities. 

15 (B) EXISTING AGREEMENTS.—Not later 

16 than 180 days after the date of the enactment 

17 of this Act, the Secretary shall secure a modi18 fication incorporating these terms for any exist19 ing contracts or agreements that will not be re20 negotiated, renewed, or otherwise modified. 

21 (C) CANCELLATION OF AGREEMENTS.— 

22 Unless the Secretary provides a reasonable ex23 tension to a specific detention facility that is 

24 negotiating in good faith, contracts or agree25 ments with detention facilities that are not 


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1 modified within 1 year of the date of the enact2 ment of this Act will be cancelled. 

3 (D) PROVISION OF INFORMATION.—In 

4 making modifications under this paragraph, the 

5 Secretary shall require that detention facilities 

6 provide to the Secretary all contracts, memo7 randa of agreement, evaluations, and reviews 

8 regarding the facility on a regular basis. The 

9 Secretary shall make these materials publicly 

10 available on a timely and regular basis. 

11 (2) FINANCIAL PENALTIES.— 

12 (A) REQUIREMENT TO IMPOSE.—Subject 

13 to subparagraph (C), the Secretary shall impose 

14 meaningful financial penalties upon facilities 

15 that fail to comply with applicable detention 

16 standards issued by the Secretary and other ap17 plicable regulations. 

18 (B) TIMING OF IMPOSITION.—Financial 

19 penalties imposed under subparagraph (A) shall 

20 be imposed immediately after a facility fails to 

21 achieve an adequate or the equivalent median 

22 score in any performance evaluation. 

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1 rects the noted deficiencies and receives an ade2 quate score in not more than 90 days. 

3 (D) MULTIPLE OFFENDERS.—If the Sec4 retary determines that a facility has been per5 sistently and substantially violating the deten6 tion standards issued by the Secretary, includ7 ing by scoring less than adequate or the equiva8 lent median score in 2 consecutive inspections— 

9 (i) the Secretary shall terminate con10 tracts or agreements with such facilities 

11 within 60 days; or 

12 (ii) in the case of facilities operated by 

13 the Secretary, the Secretary shall close 

14 such facilities within 90 days. 

15 (e) REPORTING REQUIREMENTS.— 

16 (1) OBJECTIVES.—Not later than June 30 of 

17 each year, the Secretary of Homeland Security shall 

18 submit a report to the Committee on the Judiciary 

19 of the Senate and the Committee on the Judiciary 

20 of the House of Representatives that describes the 

21 inspection and oversight activities at detention facili22 ties. 

23 (2) CONTENTS.—Each report submitted under 

24 paragraph (1) shall include— 


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1 (A) a description of each detention facility 

2 found to be in noncompliance with applicable 

3 detention standards issued by the Department 

4 of Homeland Security and other applicable reg5 ulations; 

6 (B) a description of the actions taken by 

7 the Department to remedy any findings of non8 compliance or other identified problems, includ9 ing financial penalties, contract or agreement 

10 termination, or facility closure; and 

11 (C) information regarding whether the ac12 tions described in subparagraph (B) resulted in 

13 compliance with applicable detention standards 

14 and regulations. 

15 SEC. 9009. PRERELEASE CUSTODY. 

16 Section 3624(c)(1) of title 18, United States Code, 

17 is amended by adding at the end the following: ‘‘Subject 

18 to the availability of appropriations and of bed space avail19 ability, the Director shall place a prisoner in a residential 

20 reentry center that is within 50 miles of the prisoner’s 

21 previous or anticipated permanent legal address.’’. 

22 SEC. 9010. PURPOSES. 

23 The purposes of this Act are to— 

24 (1) develop and implement national standards 

25 for the use of solitary confinement to ensure that it 


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1 is used infrequently and only under extreme cir2 cumstances; 

3 (2) establish a more humane and constitu4 tionally sound practice of segregated detention or 

5 solitary confinement in correctional facilities; 

6 (3) accelerate the development of best practices 

7 and make reforming solitary confinement a top pri8 ority in each correctional facility at the Federal and 

9 State levels; 

10 (4) increase the available data and information 

11 on the incidence of solitary confinement, con12 sequently improving the management and adminis13 tration of correctional facilities; 

14 (5) standardize the definitions used for col15 lecting data on the incidence of solitary confinement; 

16 (6) increase the accountability of correctional 

17 facility officials who fail to design and implement 

18 humane and constitutionally sound solitary confine19 ment practices; 

20 (7) protect the Eighth Amendment rights of in21 mates at correctional facilities; and 

22 (8) reduce the costs that solitary confinement 

23 imposes on interstate commerce. 


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1 SEC. 9011. NATIONAL SOLITARY CONFINEMENT STUDY AND 

2 REFORM COMMISSION. 

3 (a) ESTABLISHMENT.—There is established a com4 mission to be known as the National Solitary Confinement 

5 Study and Reform Commission. 

6 (b) MEMBERS.— 

7 (1) IN GENERAL.—The Commission shall be 

8 composed of 9 members, of whom— 

9 (A) 3 shall be appointed by the President; 

10 (B) 2 shall be appointed by the Speaker of 

11 the House of Representatives, unless the Speak12 er is of the same party as the President, in 

13 which case 1 shall be appointed by the Speaker 

14 of the House of Representatives and 1 shall be 

15 appointed by the minority leader of the House 

16 of Representatives; 

17 (C) 1 shall be appointed by the minority 

18 leader of the House of Representatives (in addi19 tion to any appointment made under subpara20 graph (B)); 

21 (D) 2 shall be appointed by the majority 

22 leader of the Senate, unless the majority leader 

23 is of the same party as the President, in which 

24 case 1 shall be appointed by the majority leader 

25 of the Senate and 1 shall be appointed by the 

26 minority leader of the Senate; and 


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1 (E) 1 shall be appointed by the minority 

2 leader of the Senate (in addition to any ap3 pointment made under subparagraph (D)). 

4 (2) PERSONS ELIGIBLE.—Each member of the 

5 Commission shall be an individual who has knowl6 edge or expertise in matters to be studied by the 

7 Commission. 

8 (3) CONSULTATION REQUIRED.—The President, 

9 the Speaker and minority leader of the House of 

10 Representatives, and the majority leader and minor11 ity leader of the Senate shall consult with one an12 other prior to the appointment of the members of 

13 the Commission to achieve, to the maximum extent 

14 possible, fair and equitable representation of various 

15 points of view with respect to the matters to be 

16 studied by the Commission. 

17 (4) TERM.—Each member shall be appointed 

18 for the life of the Commission. 

19 (5) TIME FOR INITIAL APPOINTMENTS.—The 

20 appointment of the members shall be made not later 

21 than 180 days after the date of enactment of this 

22 Act. 

23 (6) VACANCIES.—A vacancy in the Commission 

24 shall be filled in the manner in which the original 

25 appointment was made, and shall be made not later 


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1 than 60 days after the date on which the vacancy 

2 occurred. 

3 (c) OPERATION.— 

4 (1) CHAIRPERSON.—Not later than 15 days 

5 after appointments of all the members are made, the 

6 President shall appoint a chairperson for the Com7 mission from among its members. 

8 (2) MEETINGS.—The Commission shall meet at 

9 the call of the chairperson. The initial meeting of the 

10 Commission shall take place not later than 30 days 

11 after the initial appointment of the members is com12 pleted. 

13 (3) QUORUM.—A majority of the members of 

14 the Commission shall constitute a quorum to con15 duct business, but the Commission may establish a 

16 lesser quorum for conducting hearings scheduled by 

17 the Commission. 

18 (4) RULES.—The Commission may establish by 

19 majority vote any other rules for the conduct of 

20 Commission business, if such rules are not incon21 sistent with this Act or other applicable law. 

22 (d) COMPREHENSIVE STUDY OF THE IMPACTS OF

23 SOLITARY CONFINEMENT.— 

24 (1) IN GENERAL.—The Commission shall carry 

25 out a comprehensive legal and factual study of the 


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1 penological, physical, mental, medical, social, fiscal, 

2 and economic impacts of solitary confinement in the 

3 United States on— 

4 (A) Federal, State, and local governments; 

5 and 

6 (B) communities and social institutions 

7 generally, including individuals, families, and 

8 businesses within such communities and social 

9 institutions. 

10 (2) MATTERS INCLUDED.—The study under 

11 paragraph (1) shall include— 

12 (A) a review of existing Federal, State, 

13 and local government policies and practices with 

14 respect to the extent and duration of the use of 

15 solitary confinement; 

16 (B) an assessment of the relationship be17 tween solitary confinement and correctional fa18 cility conditions, and existing monitoring, regu19 latory, and enforcement practices; 

20 (C) an assessment of the characteristics of 

21 prisoners and juvenile detainees most likely to 

22 be referred to solitary confinement and the ef23 fectiveness of various types of treatment or pro24 grams to reduce such likelihood; 


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1 (D) an assessment of the impacts of soli2 tary confinement on individuals, families, social 

3 institutions, and the economy generally; 

4 (E) an identification of additional scientific 

5 and social science research needed on the preva6 lence of solitary confinement in correctional fa7 cilities as well as a full assessment of existing 

8 literature; 

9 (F) an assessment of the general relation10 ship between solitary confinement and mental 

11 illness; 

12 (G) an assessment of the relationship be13 tween solitary confinement and levels of train14 ing, supervision, and discipline of the staff of 

15 correctional facilities; and 

16 (H) an assessment of existing Federal and 

17 State systems for collecting and reporting the 

18 number and duration of solitary confinement 

19 incidents in correctional facilities nationwide. 

20 (3) REPORT.— 

21 (A) DISTRIBUTION.—Not later than two 

22 years after the date of the initial meeting of the 

23 Commission, the Commission shall submit a re24 port on the study carried out under this sub25 section to— 


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1 (i) the President; 

2 (ii) the Congress; 

3 (iii) the Attorney General of the 

4 United States; 

5 (iv) the Secretary of Health and 

6 Human Services; 

7 (v) the Director of the Federal Bu8 reau of Prisons; 

9 (vi) the Administrator of the Office of 

10 Juvenile Justice and Delinquency Preven11 tion; 

12 (vii) the chief executive of each State; 

13 and 

14 (viii) the head of the department of 

15 corrections of each State. 

16 (B) CONTENTS.—The report under sub17 paragraph (A) shall include— 

18 (i) the findings and conclusions of the 

19 Commission; 

20 (ii) the recommended national stand21 ards for reducing the use of solitary con22 finement described in subsection (e); and 

23 (iii) a summary of the materials relied 

24 on by the Commission in the preparation 

25 of the report. 


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1 (e) RECOMMENDATIONS.— 

2 (1) IN GENERAL.—As part of the report sub3 mitted under subsection (d)(3), the Commission 

4 shall provide the Attorney General and the Secretary 

5 of Health and Human Services with recommended 

6 national standards for significantly reducing the use 

7 of solitary confinement in correctional facilities. 

8 (2) MATTERS INCLUDED.—The information 

9 provided under paragraph (1) shall include rec10 ommended national standards relating to— 

11 (A) how authorities can progress toward 

12 significantly limiting the utilization of solitary 

13 confinement so that a prisoner or juvenile de14 tainee may be placed in solitary confinement 

15 only when the safety or security of the facility 

16 or another person is at imminent risk, during 

17 an ongoing disciplinary investigation concerning 

18 an adult prisoner, or to punish an adult pris19 oner for an extremely serious disciplinary in20 fraction; 

21 (B) methods that can be employed to en22 sure that the duration of solitary confinement 

23 of a prisoner or juvenile detainee at an institu24 tion can be limited to fewer than 30 days in 

25 any 45-day period, except in a case in which the 


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1 head of a correctional facility makes an individ2 ualized determination that prolonged solitary 

3 confinement of the prisoner or detainee for a 

4 serious disciplinary infraction is necessary for 

5 the order or security of the institution, or a 

6 prisoner or detainee requests such placement; 

7 (C) ensuring that prior to being classified, 

8 assigned, or subject to long-term solitary con9 finement, an adult prisoner shall be entitled to 

10 a meaningful hearing on the reason for and du11 ration of the confinement and have access to 

12 legal counsel for such hearings; 

13 (D) ensuring that indefinite sentencing of 

14 an adult prisoner to long-term solitary confine15 ment will not be allowed and that the prisoner 

16 will be afforded a meaningful review of the con17 finement at least once every 30 days that the 

18 prisoner remains in solitary confinement and 

19 that correctional facility officials must record 

20 and provide a transcript of the review pro21 ceedings for the prisoner under review to the 

22 prisoner or the prisoner’s designee; 

23 (E) ensuring that correctional facility offi24 cials design and implement programming that 

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1 tary confinement to earn placement in less re2 strictive housing through positive behavior; 

3 (F) limiting the use of involuntary solitary 

4 confinement for the purpose of protective cus5 tody solely because of a personal characteristic 

6 that makes the prisoner or juvenile detainee 

7 particularly vulnerable to harm, including age, 

8 gender identity, race, or religion; 

9 (G) ensuring that correctional facility offi10 cials improve access to mental health treatment 

11 for prisoners and juvenile detainees in solitary 

12 confinement; 

13 (H) ensuring that correctional facility offi14 cials work toward systems wherein prisoners 

15 and juvenile detainees diagnosed by a qualified 

16 mental health professional with a serious men17 tal illness are not held in long-term solitary 

18 confinement; 

19 (I) ensuring that correctional facility offi20 cials do all that is feasible to make certain that 

21 prisoners and juvenile detainees are not held in 

22 solitary confinement for any duration, except 

23 under extreme emergency circumstances; 

24 (J) ensuring that correctional facility offi25 cials develop alternative methods to manage 


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1 issues with prisoners and juvenile detainees 

2 other than solitary confinement; and 

3 (K) such other matters as may reasonably 

4 be related to the goal of reducing solitary con5 finement in correctional facilities. 

6 (3) LIMITATION.—The Commission shall not 

7 propose a recommended standard that would impose 

8 substantial additional costs compared to the costs 

9 presently expended by correctional facilities, and 

10 shall seek to propose standards that reduce the costs 

11 of incarceration at such facilities. 

12 (f) CONSULTATION WITH ACCREDITATION ORGANI13 ZATIONS.—In developing recommended national standards 

14 for the reduction of solitary confinement under subsection 

15 (e), the Commission shall consider any standards that 

16 have already been developed, or are being developed simul17 taneously to the deliberations of the Commission. The 

18 Commission shall consult with accreditation organizations 

19 responsible for the accreditation of correctional facilities 

20 that have developed or are developing standards related 

21 to solitary confinement. The Commission shall also consult 

22 with national associations representing the corrections 

23 profession, the legal profession, the medical profession, or 

24 any other pertinent professional body that has developed 

25 or is developing standards related to solitary confinement. 


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1 (g) HEARINGS.— 

2 (1) IN GENERAL.—The Commission shall hold 

3 public hearings. The Commission may hold such 

4 hearings, sit and act at such times and places, take 

5 such testimony, and receive such evidence as the 

6 Commission considers advisable to carry out its du7 ties under this section. 

8 (2) WITNESS EXPENSES.—Witnesses requested 

9 to appear before the Commission shall be paid the 

10 same fees as are paid to witnesses under section 

11 1821 of title 28, United States Code. The per diem 

12 and mileage allowances for witnesses shall be paid 

13 from funds appropriated to the Commission. 

14 (h) INFORMATION FROM FEDERAL OR STATE AGEN15 CIES.—The Commission may secure directly from any 

16 Federal department or agency such information as the 

17 Commission considers necessary to carry out its duties 

18 under this section. The Commission may request the head 

19 of any State or local department or agency to furnish such 

20 information to the Commission. 

21 (i) PERSONNEL MATTERS.— 

22 (1) TRAVEL EXPENSES.—The members of the 

23 Commission shall be allowed travel expenses, includ24 ing per diem in lieu of subsistence, at rates author25 ized for employees of agencies under subchapter I of 


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1 chapter 57 of title 5, United States Code, while 

2 away from their homes or regular places of business 

3 in the performance of service for the Commission. 

4 (2) DETAIL OF FEDERAL EMPLOYEES.—With 

the affirmative vote of 2 5 ⁄3 of the Commission, any 

6 Federal Government employee, with the approval of 

7 the head of the appropriate Federal agency, may be 

8 detailed to the Commission without reimbursement, 

9 and such detail shall be without interruption or loss 

10 of civil service status, benefits, or privileges. 

11 (3) PROCUREMENT OF TEMPORARY AND INTER12 MITTENT SERVICES.—Upon the request of the Com13 mission, the Attorney General shall provide reason14 able and appropriate office space, supplies, and ad15 ministrative assistance. 

16 (j) CONTRACTS FOR RESEARCH.— 

17 (1) NATIONAL INSTITUTE OF JUSTICE.—With a 

2 18 ⁄3 affirmative vote, the Commission may select non19 governmental researchers and experts to assist the 

20 Commission in carrying out its duties under this 

21 Act. The National Institute of Justice shall contract 

22 with the researchers and experts selected by the 

23 Commission to provide funding in exchange for their 

24 services. 


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1 (2) OTHER ORGANIZATIONS.—Nothing in this 

2 subsection shall be construed to limit the ability of 

3 the Commission to enter into contracts with other 

4 entities or organizations for research necessary to 

5 carry out the duties of the Commission under this 

6 section. 

7 (k) TERMINATION.—The Commission shall terminate 

8 on the date that is 60 days after the date on which the 

9 Commission submits the reports required by this section. 

10 (l) EXEMPTION.—The Commission shall be exempt 

11 from the Federal Advisory Committee Act. 

12 SEC. 9012. ADOPTION AND EFFECT OF NATIONAL STAND13 ARDS. 

14 (a) PUBLICATION OF STANDARDS.— 

15 (1) FINAL RULE.—Not later than two years 

16 after receiving the report specified in section 

17 (3)(d)(3), the Attorney General shall publish a final 

18 rule adopting national standards for the reduction of 

19 solitary confinement in correctional facilities. 

20 (2) INDEPENDENT JUDGMENT.—The standards 

21 referred to in paragraph (1) shall be based upon the 

22 independent judgment of the Attorney General, after 

23 giving consideration to the recommended national 

24 standards provided by the Commission under section 

25 3(e), and being informed by such data, opinions, and 


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1 proposals that the Attorney General determines to 

2 be appropriate to consider. 

3 (3) LIMITATION.—The Attorney General shall 

4 not establish a national standard under this section 

5 that would impose substantial additional costs com6 pared to the costs presently expended by Federal 

7 and State correctional systems. The Attorney Gen8 eral may, however, provide a list of improvements 

9 for consideration by correctional facilities. 

10 (4) TRANSMISSION TO STATES.—Not later than 

11 90 days after publishing the final rule under para12 graph (1), the Attorney General shall transmit the 

13 national standards adopted under that paragraph to 

14 the chief executive of each State, the head of the de15 partment of corrections of each State, the head of 

16 the department of juvenile justice of each State, and 

17 to the appropriate authorities in those units of local 

18 government who oversee operations in one or more 

19 correctional facilities. 

20 (b) APPLICABILITY TO FEDERAL BUREAU OF PRIS21 ONS.—The national standards referred to in subsection 

22 (a) shall apply to the Federal Bureau of Prisons imme23 diately upon adoption of the final rule under subsection 

24 (a)(1). 

25 (c) ELIGIBILITY FOR FEDERAL FUNDS.— 


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1 (1) IN GENERAL.—Beginning in the second fis2 cal year that begins after the date on which the At3 torney General issues a the final rule under sub4 section (a)(1), in order to be eligible to receive a 

5 grant under a program identified by the Attorney 

6 General under paragraph (2), the chief executive of 

7 a State or unit of local government seeking such a 

8 grant shall submit to the Attorney general a certifi9 cation that the State or local government has adopt10 ed, and is in full compliance with the national stand11 ards described in subsection (a)(1). 

12 (2) COVERED GRANT PROGRAMS.—The Attor13 ney General shall identify grant programs carried 

14 out by the Department of Justice which provide 

15 funding to States and units of local government for 

16 the construction, maintenance, or operation of cor17 rectional facilities, and make a list of such programs 

18 publicly available. 

19 SEC. 9013. DEFINITIONS. 

20 For purposes of this Act, the following definitions 

21 shall apply: 

22 (1) ATTORNEY GENERAL.—The term ‘‘Attorney 

23 General’’ means the Attorney General of the United 

24 States. 


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1 (2) COMMISSION.—The term ‘‘Commission’’ 

2 means the National Solitary Confinement Study and 

3 Reform Commission established under section 3 of 

4 this Act. 

5 (3) LONG-TERM.—The term ‘‘long-term’’ means 

6 any period lasting more than 30 days, consecutive or 

7 nonconsecutive, in any 45-day period. 

8 (4) QUALIFIED MENTAL HEALTH PROFES9 SIONAL.—The term ‘‘qualified mental health profes10 sional’’ means a psychiatrist, psychologist, psy11 chiatric social worker, licensed professional coun12 selor, psychiatric nurse, or another individual who, 

13 by virtue of education, credentials, and experience, is 

14 permitted by law to evaluate and provide mental 

15 health care. 

16 (5) SERIOUS MENTAL ILLNESS.—The term ‘‘se17 rious mental illness’’ means a substantial disorder 

18 that— 

19 (A) significantly impairs judgment, behav20 ior, or capacity to recognize reality or cope with 

21 the ordinary demands of life; and 

22 (B) is manifested by substantial pain or 

23 disability, the status of being actively suicidal, 

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1 sonality disorder that results in significant 

2 functional impairment. 

3 (6) SOLITARY CONFINEMENT.—The term ‘‘soli4 tary confinement’’ means confinement of a prisoner 

5 or juvenile detainee in a cell or other place, alone or 

6 with other persons, for approximately 22 hours or 

7 more per day with severely restricted activity, move8 ment, and social interaction, which is separate from 

9 the general population of that correctional facility. 

10 (7) CORRECTIONAL FACILITY.—The term ‘‘cor11 rectional facility’’ means a Federal, State, local, or 

12 privately run prison, jail, or juvenile detention facil13 ity. 

14 TITLE X—COLLATERAL 

15 CONSEQUENCES 

16 SEC. 10001. REPEAL OF SUSPENSION OF ELIGIBILITY 

17 UNDER THE HIGHER EDUCATION ACT OF 1965 

18 FOR GRANTS, LOANS, AND WORK ASSISTANCE 

19 FOR DRUG-RELATED OFFENSES. 

20 (a) REPEAL.—Subsection (r) of section 484 (20 

21 U.S.C. 1091(r)) is repealed. 

22 (b) REVISION OF FAFSA FORM.—Section 483 of the 

23 Higher Education Act of 1965 (20 U.S.C. 1090) is 

24 amended by adding at the end the following: 


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1 ‘‘(i) CONVICTIONS.—The Secretary 

2 shall not include any question about the 

3 conviction of an applicant for the posses4 sion or sale of illegal drugs on the FAFSA 

5 (or any other form developed under sub6 section (a)).’’. 

7 (c) CONFORMING AMENDMENTS.—The Act (20 

8 U.S.C. 1001 et seq.) is amended— 

9 (1) in section 428(b)(3) (20 U.S.C. 

10 1078(b)(3))— 

11 (A) in subparagraph (C), by striking 

12 ‘‘485(l)’’ and inserting ‘‘485(k)’’; and 

13 (B) in subparagraph (D), by striking 

14 ‘‘485(l)’’ and inserting ‘‘485(k)’’; 

15 (2) in section 435(d)(5) (20 U.S.C. 

16 1085(d)(5))— 

17 (A) in subparagraph (E), by striking 

18 ‘‘485(l)’’ and inserting ‘‘485(k)’’; and 

19 (B) in subparagraph (F), by striking 

20 ‘‘485(l)’’ and inserting ‘‘485(k)’’; 

21 (3) in section 484 (20 U.S.C. 1091), as amend22 ed by section 6, by redesignating subsections (s), (t), 

23 and (u) as subsections (r), (s), and (t), respectively; 

24 (4) in section 485 (20 U.S.C. 1092)— 

25 (A) by striking subsection (k); and 


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1 (B) by redesignating subsections (l) and 

2 (m) as subsections (k) and (l), respectively; and 

3 (5) in section 487(e)(2)(B)(ii)(IV) (20 U.S.C. 

4 1094(e)(2)(B)(ii)(IV)), by striking ‘‘(l) of section 

5 485’’ and inserting ‘‘(k) of section 485’’. 

6 SEC. 10002. REPEAL OF DENIAL OF ASSISTANCE AND BENE7 FITS FOR CERTAIN DRUG-RELATED CONVIC8 TIONS. 

9 The Personal Responsibility and Work Opportunity 

10 Reconciliation Act of 1996 is amended by striking section 

11 115 (21 U.S.C. 862). 

12 SEC. 10003. PROHIBITION ON CRIMINAL HISTORY INQUIR13 IES PRIOR TO CONDITIONAL OFFER FOR FED14 ERAL EMPLOYMENT. 

15 (a) IN GENERAL.—Subpart H of part III of title 5, 

16 United States Code, is amended by adding at the end the 

17 following: 

18 ‘‘CHAPTER 92—PROHIBITION ON CRIMI19 NAL HISTORY INQUIRIES PRIOR TO 

20 CONDITIONAL OFFER 

‘‘Sec. 

‘‘9201. Definitions. 

‘‘9202. Limitations on requests for criminal history record information. 

‘‘9203. Agency policies; complaint procedures. 

‘‘9204. Adverse action. 

‘‘9205. Procedures. 

‘‘9206. Rules of construction. 

21 ‘‘§ 9201. Definitions 

22 ‘‘In this chapter— 


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1 ‘‘(1) the term ‘agency’ means ‘Executive agen2 cy’ as such term is defined in section 105 and in3 cludes— 

4 ‘‘(A) the United States Postal Service and 

5 the Postal Regulatory Commission; and 

6 ‘‘(B) the Executive Office of the President; 

7 ‘‘(2) the term ‘appointing authority’ means an 

8 employee in the executive branch of the Government 

9 of the United States that has authority to make ap10 pointments to positions in the civil service; 

11 ‘‘(3) the term ‘conditional offer’ means an offer 

12 of employment in a position in the civil service that 

13 is conditioned upon the results of a criminal history 

14 inquiry; 

15 ‘‘(4) the term ‘criminal history record informa16 tion’— 

17 ‘‘(A) except as provided in subparagraph 

18 (B), has the meaning given the term in section 

19 9101(a); 

20 ‘‘(B) includes any information described in 

21 the first sentence of section 9101(a)(2) that has 

22 been sealed or expunged pursuant to law; and 

23 ‘‘(C) includes information collected by a 

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1 gous to criminal history record information (in2 cluding such information that has been sealed 

3 or expunged pursuant to law); and 

4 ‘‘(5) the term ‘suspension’ has the meaning 

5 given the term in section 7501. 

6 ‘‘§ 9202. Limitations on requests for criminal history 

7 record information 

8 ‘‘(a) INQUIRIES PRIOR TO CONDITIONAL OFFER.— 

9 Except as provided in subsections (b) and (c), an employee 

10 of an agency may not request, in oral or written form (in11 cluding through the Declaration for Federal Employment 

12 (Office of Personnel Management Optional Form 306), or 

13 any similar successor form), including through the 

14 USAJOBS internet website or any other electronic means, 

15 that an applicant for an appointment to a position in the 

16 civil service disclose criminal history record information 

17 regarding the applicant before the appointing authority 

18 extends a conditional offer to the applicant. 

19 ‘‘(b) OTHERWISE REQUIRED BY LAW.—The prohibi20 tion under subsection (a) shall not apply with respect to 

21 an applicant for a position in the civil service if consider22 ation of criminal history record information prior to a con23 ditional offer with respect to the position is otherwise re24 quired by law. 


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1 ‘‘(c) EXCEPTION FOR CERTAIN POSITIONS.—The 

2 prohibition under subsection (a) shall not apply with re3 spect to an applicant for an appointment to a position— 

4 ‘‘(1) that requires a determination of eligibility 

5 described in clause (i), (ii), or (iii) of section 

6 9101(b)(1)(A); or 

7 ‘‘(2) as a Federal law enforcement officer (as 

8 defined in section 115(c) of title 18). 

9 ‘‘§ 9203. Agency policies; complaint procedures 

10 ‘‘The Director of the Office of Personnel Manage11 ment shall— 

12 ‘‘(1) develop, implement, and publish a policy to 

13 assist employees of agencies in complying with sec14 tion 9202 and the regulations issued pursuant to 

15 such section; and 

16 ‘‘(2) establish and publish procedures under 

17 which an applicant for an appointment to a position 

18 in the civil service may submit a complaint, or any 

19 other information, relating to compliance by an em20 ployee of an agency with section 9202. 

21 ‘‘§ 9204. Adverse action 

22 ‘‘(a) FIRST VIOLATION.—If the Director of the Office 

23 of Personnel Management determines, after notice and an 

24 opportunity for a hearing on the record, that an employee 


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1 of an agency has violated section 9202, the Director 

2 shall— 

3 ‘‘(1) issue to the employee a written warning 

4 that includes a description of the violation and the 

5 additional penalties that may apply for subsequent 

6 violations; and 

7 ‘‘(2) file such warning in the employee’s official 

8 personnel record file. 

9 ‘‘(b) SUBSEQUENT VIOLATIONS.—If the Director of 

10 the Office of Personnel Management determines, after no11 tice and an opportunity for a hearing on the record, that 

12 an employee that was subject to subsection (a) has com13 mitted a subsequent violation of section 9202, the Director 

14 may take the following action: 

15 ‘‘(1) For a second violation, suspension of the 

16 employee for a period of not more than 7 days. 

17 ‘‘(2) For a third violation, suspension of the 

18 employee for a period of more than 7 days. 

19 ‘‘(3) For a fourth violation— 

20 ‘‘(A) suspension of the employee for a pe21 riod of more than 7 days; and 

22 ‘‘(B) a civil penalty against the employee 

23 in an amount that is not more than $250. 

24 ‘‘(4) For a fifth violation— 


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1 ‘‘(A) suspension of the employee for a pe2 riod of more than 7 days; and 

3 ‘‘(B) a civil penalty against the employee 

4 in an amount that is not more than $500. 

5 ‘‘(5) For any subsequent violation— 

6 ‘‘(A) suspension of the employee for a pe7 riod of more than 7 days; and 

8 ‘‘(B) a civil penalty against the employee 

9 in an amount that is not more than $1,000. 

10 ‘‘§ 9205. Procedures 

11 ‘‘(a) APPEALS.—The Director of the Office of Per12 sonnel Management shall by rule establish procedures pro13 viding for an appeal from any adverse action taken under 

14 section 9204 by not later than 30 days after the date of 

15 the action. 

16 ‘‘(b) APPLICABILITY OF OTHER LAWS.—An adverse 

17 action taken under section 9204 (including a determina18 tion in an appeal from such an action under subsection 

19 (a) of this section) shall not be subject to— 

20 ‘‘(1) the procedures under chapter 75; or 

21 ‘‘(2) except as provided in subsection (a) of this 

22 section, appeal or judicial review. 

23 ‘‘§ 9206. Rules of construction 

24 ‘‘Nothing in this chapter may be construed to— 


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1 ‘‘(1) authorize any officer or employee of an 

2 agency to request the disclosure of information de3 scribed under subparagraphs (B) and (C) of section 

4 9201(4); or 

5 ‘‘(2) create a private right of action for any 

6 person.’’. 

7 (b) REGULATIONS; EFFECTIVE DATE.— 

8 (1) REGULATIONS.—Not later than 1 year after 

9 the date of enactment of this Act, the Director of 

10 the Office of Personnel Management shall issue such 

11 regulations as are necessary to carry out chapter 92 

12 of title 5, United States Code (as added by this 

13 Act). 

14 (2) EFFECTIVE DATE.—Section 9202 of title 5, 

15 United States Code (as added by this Act), shall 

16 take effect on the date that is 2 years after the date 

17 of enactment of this Act. 

18 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of chapters for part III of title 5, United States 

20 Code, is amended by inserting after the item relating to 

21 chapter 91 the following: 

‘‘92. Prohibition on criminal history inquiries prior to 

conditional offer .................................................... 9201’’. 

22 (d) APPLICATION TO LEGISLATIVE BRANCH.— 


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1 (1) IN GENERAL.—The Congressional Account2 ability Act of 1995 (2 U.S.C. 1301 et seq.) is 

3 amended— 

4 (A) in section 102(a) (2 U.S.C. 1302(a)), 

5 by adding at the end the following: 

6 ‘‘(12) Section 9202 of title 5, United States 

7 Code.’’; 

8 (B) by redesignating section 207 (2 U.S.C. 

9 1317) as section 208; and 

10 (C) by inserting after section 206 (2 

11 U.S.C. 1316) the following new section: 

12 ‘‘SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMI13 NAL HISTORY INQUIRIES. 

14 ‘‘(a) DEFINITIONS.—In this section, the terms ‘agen15 cy’, ‘criminal history record information’, and ‘suspension’ 

16 have the meanings given the terms in section 9201 of title 

17 5, United States Code, except as otherwise modified by 

18 this section. 

19 ‘‘(b) RESTRICTIONS ON CRIMINAL HISTORY INQUIR20 IES.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) IN GENERAL.—Except as provided in 

23 subparagraph (B), an employee of an employing 

24 office may not request that an applicant for em25 ployment as a covered employee disclose crimiVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01248 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 nal history record information if the request 

2 would be prohibited under section 9202 of title 

3 5, United States Code, if made by an employee 

4 of an agency. 

5 ‘‘(B) CONDITIONAL OFFER.—For purposes 

6 of applying section 9202 of title 5, United 

7 States Code, under subparagraph (A), a ref8 erence in such section to a conditional offer in 

9 such section shall be considered to be an offer 

10 of employment to a covered employee that is 

11 conditioned upon the results of a criminal his12 tory inquiry. 

13 ‘‘(2) RULES OF CONSTRUCTION.—The provi14 sions of section 9206 of title 5, United States Code, 

15 shall apply to employing offices, consistent with reg16 ulations issued under subsection (d). 

17 ‘‘(c) REMEDY.— 

18 ‘‘(1) IN GENERAL.—The remedy for a violation 

19 of subsection (b)(1) shall be such remedy as would 

20 be appropriate if awarded under section 9204 of title 

21 5, United States Code, if the violation had been 

22 committed by an employee of an agency, consistent 

23 with regulations issued under subsection (d), except 

24 that the reference in that section to a suspension 

25 shall be considered to be a suspension with the level 


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1 of compensation provided for a covered employee 

2 who is taking unpaid leave under section 202. 

3 ‘‘(2) PROCESS FOR OBTAINING RELIEF.—An 

4 applicant for employment as a covered employee who 

5 alleges a violation of subsection (b)(1) may rely on 

6 the provisions of title IV (other than sections 

7 404(2), 407, and 408), consistent with regulations 

8 issued under subsection (d). 

9 ‘‘(d) REGULATIONS TO IMPLEMENT SECTION.— 

10 ‘‘(1) IN GENERAL.—Not later than 18 months 

11 after the date of enactment of the Fair Chance to 

12 Compete for Jobs Act of 2017, the Board shall, pur13 suant to section 304, issue regulations to implement 

14 this section. 

15 ‘‘(2) PARALLEL WITH AGENCY REGULATIONS.— 

16 The regulations issued under paragraph (1) shall be 

17 the same as substantive regulations issued by the 

18 Director of the Office of Personnel Management 

19 under section 2(b)(1) of the Fair Chance to Com20 pete for Jobs Act of 2017 to implement the statu21 tory provisions referred to in subsections (a) through 

22 (c) except to the extent that the Board may deter23 mine, for good cause shown and stated together with 

24 the regulation, that a modification of such regulaVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01250 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 tions would be more effective for the implementation 

2 of the rights and protections under this section. 

3 ‘‘(e) EFFECTIVE DATE.—Section 102(a)(12) and 

4 subsections (a) through (c) shall take effect on the date 

5 on which section 9202 of title 5, United States Code, ap6 plies with respect to agencies.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents of such Act is amended— 

9 (A) by redesignating the item relating to 

10 section 207 as the item relating to section 208; 

11 and 

12 (B) by inserting after the item relating to 

13 section 206 the following new item: 

‘‘Sec. 207. Rights and protections relating to criminal history inquiries.’’. 

14 (e) APPLICATION TO JUDICIAL BRANCH.— 

15 (1) IN GENERAL.—Section 604 of title 28, 

16 United States Code, is amended by adding at the 

17 end the following: 

18 ‘‘(i) RESTRICTIONS ON CRIMINAL HISTORY INQUIR19 IES.— 

20 ‘‘(1) DEFINITIONS.—In this subsection— 

21 ‘‘(A) the terms ‘agency’ and ‘criminal his22 tory record information’ have the meanings 

23 given those terms in section 9201 of title 5; 


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1 ‘‘(B) the term ‘covered employee’ means an 

2 employee of the judicial branch of the United 

3 States Government, other than— 

4 ‘‘(i) any judge or justice who is enti5 tled to hold office during good behavior; 

6 ‘‘(ii) a United States magistrate 

7 judge; or 

8 ‘‘(iii) a bankruptcy judge; and 

9 ‘‘(C) the term ‘employing office’ means any 

10 office or entity of the judicial branch of the 

11 United States Government that employs covered 

12 employees. 

13 ‘‘(2) RESTRICTION.—A covered employee may 

14 not request that an applicant for employment as a 

15 covered employee disclose criminal history record in16 formation if the request would be prohibited under 

17 section 9202 of title 5 if made by an employee of an 

18 agency. 

19 ‘‘(3) EMPLOYING OFFICE POLICIES; COMPLAINT

20 PROCEDURE.—The provisions of sections 9203 and 

21 9206 of title 5 shall apply to employing offices and 

22 to applicants for employment as covered employees, 

23 consistent with regulations issued by the Director to 

24 implement this subsection. 

25 ‘‘(4) ADVERSE ACTION.— 


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1 ‘‘(A) ADVERSE ACTION.—The Director 

2 may take such adverse action with respect to a 

3 covered employee who violates paragraph (2) as 

4 would be appropriate under section 9204 of 

5 title 5 if the violation had been committed by 

6 an employee of an agency. 

7 ‘‘(B) APPEALS.—The Director shall by 

8 rule establish procedures providing for an ap9 peal from any adverse action taken under sub10 paragraph (A) by not later than 30 days after 

11 the date of the action. 

12 ‘‘(C) APPLICABILITY OF OTHER LAWS.— 

13 Except as provided in subparagraph (B), an ad14 verse action taken under subparagraph (A) (in15 cluding a determination in an appeal from such 

16 an action under subparagraph (B)) shall not be 

17 subject to appeal or judicial review. 

18 ‘‘(5) REGULATIONS TO BE ISSUED.— 

19 ‘‘(A) IN GENERAL.—Not later than 18 

20 months after the date of enactment of the Fair 

21 Chance to Compete for Jobs Act of 2017, the 

22 Director shall issue regulations to implement 

23 this subsection. 

24 ‘‘(B) PARALLEL WITH AGENCY REGULA25 TIONS.—The regulations issued under subparaVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01253 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 graph (A) shall be the same as substantive reg2 ulations promulgated by the Director of the Of3 fice of Personnel Management under section 

4 2(b)(1) of the Fair Chance to Compete for Jobs 

5 Act of 2017 except to the extent that the Direc6 tor of the Administrative Office of the United 

7 States Courts may determine, for good cause 

8 shown and stated together with the regulation, 

9 that a modification of such regulations would be 

10 more effective for the implementation of the 

11 rights and protections under this subsection. 

12 ‘‘(6) EFFECTIVE DATE.—Paragraphs (1) 

13 through (4) shall take effect on the date on which 

14 section 9202 of title 5 applies with respect to agen15 cies.’’. 

16 SEC. 10004. PROHIBITION ON CRIMINAL HISTORY INQUIR17 IES BY CONTRACTORS PRIOR TO CONDI18 TIONAL OFFER. 

19 (a) CIVILIAN AGENCY CONTRACTS.— 

20 (1) IN GENERAL.—Division C of subtitle I of 

21 title 41, United States Code, is amended by adding 

22 at the end the following new section: 


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1 ‘‘§ 4713. Prohibition on criminal history inquiries by 

2 contractors prior to conditional offer 

3 ‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR4 IES.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), an executive agency— 

7 ‘‘(A) may not require that an individual or 

8 sole proprietor who submits a bid for a contract 

9 to disclose criminal history record information 

10 regarding that individual or sole proprietor be11 fore determining the apparent awardee; and 

12 ‘‘(B) shall require as a condition of receiv13 ing a Federal contract and receiving payments 

14 under such contract that the contractor may 

15 not verbally, or through written form, request 

16 the disclosure of criminal history record infor17 mation regarding an applicant for a position re18 lated to work under such contract before the 

19 contractor extends a conditional offer to the ap20 plicant. 

21 ‘‘(2) OTHERWISE REQUIRED BY LAW.—The 

22 prohibition under paragraph (1) does not apply with 

23 respect to a contract if consideration of criminal his24 tory record information prior to a conditional offer 

25 with respect to the position is otherwise required by 

26 law. 


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1 ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 

2 The prohibition under paragraph (1) does not apply 

3 with respect to a contract that requires an individual 

4 hired under the contract to access classified informa5 tion or to have sensitive law enforcement or national 

6 security duties. 

7 ‘‘(b) COMPLAINT PROCEDURES.—The Administrator 

8 of General Services shall establish and publish procedures 

9 under which an applicant for a position with a Federal 

10 contractor may submit to the Administrator a complaint, 

11 or any other information, relating to compliance by the 

12 contractor with subsection (a)(1)(B). 

13 ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON

14 CRIMINAL HISTORY INQUIRIES.— 

15 ‘‘(1) FIRST VIOLATION.—If the head of an exec16 utive agency determines that a contractor has vio17 lated subsection (a)(1)(B), such head shall— 

18 ‘‘(A) notify the contractor; 

19 ‘‘(B) provide 30 days after such notifica20 tion for the contractor to appeal the determina21 tion; and 

22 ‘‘(C) issue a written warning to the con23 tractor that includes a description of the viola24 tion and the additional remedies that may apply 

25 for subsequent violations. 


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1 ‘‘(2) SUBSEQUENT VIOLATION.—If the head of 

2 an executive agency determines that a contractor 

3 that was subject to paragraph (1) has committed a 

4 subsequent violation of subsection (a)(1)(B), such 

5 head shall notify the contractor, shall provide 30 

6 days after such notification for the contractor to ap7 peal the determination, and, in consultation with the 

8 relevant Federal agencies, may take actions, depend9 ing on the severity of the infraction and the contrac10 tor’s history of violations, including— 

11 ‘‘(A) providing written guidance to the 

12 contractor that the contractor’s eligibility for 

13 contracts requires compliance with this section; 

14 ‘‘(B) requiring that the contractor respond 

15 within 30 days affirming that the contractor is 

16 taking steps to comply with this section; 

17 ‘‘(C) suspending payment under the con18 tract for which the applicant was being consid19 ered; 

20 ‘‘(D) terminating the contract under which 

21 the applicant was being considered; and 

22 ‘‘(E) referring the contractor to the sus23 pension and debarment office of the agency for 

24 consideration of actions pursuant to section 9.4 

25 of the Federal Acquisition Regulation. 


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1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) CONDITIONAL OFFER.—The term ‘condi3 tional offer’ means an offer of employment for a po4 sition related to work under a contract that is condi5 tioned upon the results of a criminal history inquiry. 

6 ‘‘(2) CRIMINAL HISTORY RECORD INFORMA7 TION.—The term ‘criminal history record informa8 tion’ has the meaning given that term in section 

9 9201 of title 5.’’. 

10 (2) CLERICAL AMENDMENT.—The table of sec11 tions for division C of subtitle I of title 41, United 

12 States Code, is amended by inserting after the item 

13 relating to section 4712 the following new item: 

‘‘4713. Prohibition on criminal history inquiries by contractors prior to conditional offer.’’. 

14 (3) EFFECTIVE DATE.—Section 4713(a) of title 

15 41, United States Code, as added by paragraph (1), 

16 shall apply with respect to contracts awarded pursu17 ant to solicitations issued after the effective date de18 scribed in section 2(b)(2) of this Act. 

19 (b) DEFENSE CONTRACTS.— 

20 (1) IN GENERAL.—Chapter 137 of title 10, 

21 United States Code, is amended by adding at the 

22 end the following new section: 


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1 ‘‘§ 2338. Prohibition on criminal history inquiries by 

2 contractors prior to conditional offer 

3 ‘‘(a) LIMITATION ON CRIMINAL HISTORY INQUIR4 IES.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graphs (2) and (3), the head of an agency— 

7 ‘‘(A) may not require that an individual or 

8 sole proprietor who submits a bid for a contract 

9 to disclose criminal history record information 

10 regarding that individual or sole proprietor be11 fore determining the apparent awardee; and 

12 ‘‘(B) shall require as a condition of receiv13 ing a Federal contract and receiving payments 

14 under such contract that the contractor may 

15 not verbally or through written form request 

16 the disclosure of criminal history record infor17 mation regarding an applicant for a position re18 lated to work under such contract before such 

19 contractor extends a conditional offer to the ap20 plicant. 

21 ‘‘(2) OTHERWISE REQUIRED BY LAW.—The 

22 prohibition under paragraph (1) does not apply with 

23 respect to a contract if consideration of criminal his24 tory record information prior to a conditional offer 

25 with respect to the position is otherwise required by 

26 law. 


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1 ‘‘(3) EXCEPTION FOR CERTAIN POSITIONS.— 

2 The prohibition under paragraph (1) does not apply 

3 with respect to a contract that requires an individual 

4 hired under the contract to access classified informa5 tion or to have sensitive law enforcement or national 

6 security duties. 

7 ‘‘(b) COMPLAINT PROCEDURES.—The Secretary of 

8 Defense shall establish and publish procedures under 

9 which an applicant for a position with a Department of 

10 Defense contractor may submit a complaint, or any other 

11 information, relating to compliance by the contractor with 

12 subsection (a)(1)(B). 

13 ‘‘(c) ACTION FOR VIOLATIONS OF PROHIBITION ON

14 CRIMINAL HISTORY INQUIRIES.— 

15 ‘‘(1) FIRST VIOLATION.—If the Secretary of 

16 Defense determines that a contractor has violated 

17 subsection (a)(1)(B), the Secretary shall— 

18 ‘‘(A) notify the contractor; 

19 ‘‘(B) provide 30 days after such notifica20 tion for the contractor to appeal the determina21 tion; and 

22 ‘‘(C) issue a written warning to the con23 tractor that includes a description of the viola24 tion and the additional penalties that may apply 

25 for subsequent violations. 


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1 ‘‘(2) SUBSEQUENT VIOLATIONS.—If the Sec2 retary of Defense determines that a contractor that 

3 was subject to paragraph (1) has committed a sub4 sequent violation of subsection (a)(1)(B), the Sec5 retary shall notify the contractor, shall provide 30 

6 days after such notification for the contractor to ap7 peal the determination, and, in consultation with the 

8 relevant Federal agencies, may take actions, depend9 ing on the severity of the infraction and the contrac10 tor’s history of violations, including— 

11 ‘‘(A) providing written guidance to the 

12 contractor that the contractor’s eligibility for 

13 contracts requires compliance with this section; 

14 ‘‘(B) requiring that the contractor respond 

15 within 30 days affirming that the contractor is 

16 taking steps to comply with this section; 

17 ‘‘(C) suspending payment under the con18 tract for which the applicant was being consid19 ered; 

20 ‘‘(D) terminating the contract under which 

21 the applicant was being considered; and 

22 ‘‘(E) referring the contractor to the sus23 pension and debarment office of the agency for 

24 consideration of actions pursuant to section 9.4 

25 of the Federal Acquisition Regulation. 


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1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) CONDITIONAL OFFER.—The term ‘condi3 tional offer’ means an offer of employment for a po4 sition related to work under a contract that is condi5 tioned upon the results of a criminal history inquiry. 

6 ‘‘(2) CRIMINAL HISTORY RECORD INFORMA7 TION.—The term ‘criminal history record informa8 tion’ has the meaning given that term in section 

9 9201 of title 5.’’. 

10 (2) EFFECTIVE DATE.—Section 2338(a) of title 

11 10, United States Code, as added by paragraph (1), 

12 shall apply with respect to contracts awarded pursu13 ant to solicitations issued after the effective date de14 scribed in section 2(b)(2) of this Act. 

15 (3) CLERICAL AMENDMENT.—The table of sec16 tions for chapter 137 of title 10, United States 

17 Code, is amended by inserting after the item relating 

18 to section 2337 the following new item: 

‘‘2338. Prohibition on criminal history inquiries by contractors prior to conditional offer.’’. 

19 (c) REVISIONS TO FEDERAL ACQUISITION REGULA20 TION.— 

21 (1) IN GENERAL.—Not later than 18 months 

22 after the date of enactment of this Act, the Federal 

23 Acquisition Regulatory Council shall revise the Fed24 eral Acquisition Regulation to implement section 


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1 4713 of title 41, United States Code, and section 

2 2338 of title 10, United States Code, as added by 

3 this section. 

4 (2) CONSISTENCY WITH OFFICE OF PERSONNEL

5 MANAGEMENT REGULATIONS.—The Federal Acquisi6 tion Regulatory Council shall revise the Federal Ac7 quisition Regulation under paragraph (1) to be con8 sistent with the regulations issued by the Director of 

9 the Office of Personnel Management under section 

10 2(b)(1) to the maximum extent practicable. The 

11 Council shall include together with such revision an 

12 explanation of any substantive modification of the 

13 Office of Personnel Management regulations, includ14 ing an explanation of how such modification will 

15 more effectively implement the rights and protec16 tions under this section. 

17 SEC. 10005. REPORT ON EMPLOYMENT OF INDIVIDUALS 

18 FORMERLY INCARCERATED IN FEDERAL 

19 PRISONS. 

20 (a) DEFINITION.—In this section, the term ‘‘covered 

21 individual’’— 

22 (1) means an individual who has completed a 

23 term of imprisonment in a Federal prison for a Fed24 eral criminal offense; and 


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1 (2) does not include an alien who is or will be 

2 removed from the United States for a violation of 

3 the immigration laws (as such term is defined in sec4 tion 101 of the Immigration and Nationality Act (8 

5 U.S.C. 1101)). 

6 (b) STUDY AND REPORT REQUIRED.—The Director 

7 of the Bureau of Justice Statistics, in coordination with 

8 the Director of the Bureau of the Census, shall— 

9 (1) not later than 6 months after the date of 

10 enactment of this Act, design and initiate a study on 

11 the employment of covered individuals after their re12 lease from Federal prison, including by collecting— 

13 (A) demographic data on covered individ14 uals, including race, age, and sex; and 

15 (B) data on employment and earnings of 

16 covered individuals who have been denied em17 ployment, including the reasons for the denials; 

18 and 

19 (2) not later than 2 years after the date of en20 actment of this Act, and every 5 years thereafter, 

21 submit a report that does not include any personally 

22 identifiable information on the study conducted 

23 under paragraph (1) to— 

24 (A) the Committee on Homeland Security 

25 and Governmental Affairs of the Senate; 


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1 (B) the Committee on Health, Education, 

2 Labor, and Pensions of the Senate; 

3 (C) the Committee on Oversight and Gov4 ernment Reform of the House of Representa5 tives; and 

6 (D) the Committee on Education and the 

7 Workforce of the House of Representatives. 

8 SEC. 10006. PENALTY FOR UNAUTHORIZED PARTICIPATION 

9 BY CONVICTED INDIVIDUAL. 

10 (a) PROHIBITION.— 

11 (1) IN GENERAL.—Except with the prior writ12 ten consent of the Corporation— 

13 (A) any person who has been convicted of 

14 any criminal offense involving dishonesty or a 

15 breach of trust or money laundering, or has 

16 agreed to enter into a pretrial diversion or simi17 lar program in connection with a prosecution 

18 for such offense, may not— 

19 (i) become, or continue as, an institu20 tion-affiliated party with respect to any in21 sured depository institution; 

22 (ii) own or control, directly or indi23 rectly, any insured depository institution; 

24 or 


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1 (iii) otherwise participate, directly or 

2 indirectly, in the conduct of the affairs of 

3 any insured depository institution; and 

4 (B) any insured depository institution may 

5 not permit any person referred to in subpara6 graph (A) to engage in any conduct or continue 

7 any relationship prohibited under such subpara8 graph. 

9 (2) MINIMUM 10-YEAR PROHIBITION PERIOD

10 FOR CERTAIN OFFENSES.— 

11 (A) IN GENERAL.—If the offense referred 

12 to in paragraph (1)(A) in connection with any 

13 person referred to in such paragraph is— 

14 (i) an offense under— 

15 (I) section 215, 656, 657, 1005, 

16 1006, 1007, 1008,1 1014, 1032, 

17 1344, 1517, 1956, or 1957 of title 18; 

18 or 

19 (II) section 1341 or 1343 of such 

20 title which affects any financial insti21 tution (as defined in section 20 of 

22 such title); or 

23 (ii) the offense of conspiring to com24 mit any such offense, the Corporation may 

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1 cation of paragraph (1) to such person 

2 during the 10-year period beginning on the 

3 date the conviction or the agreement of the 

4 person becomes final. 

5 (B) EXCEPTION BY ORDER OF SEN6 TENCING COURT.— 

7 (i) IN GENERAL.—On motion of the 

8 Corporation, the court in which the convic9 tion or the agreement of a person referred 

10 to in subparagraph (A) has been entered 

11 may grant an exception to the application 

12 of paragraph (1) to such person if granting 

13 the exception is in the interest of justice. 

14 (ii) PERIOD FOR FILING.—A motion 

15 may be filed under clause (i) at any time 

16 during the 10-year period described in sub17 paragraph (A) with regard to the person 

18 on whose behalf such motion is made. 

19 (b) PENALTY.—Whoever knowingly violates sub20 section (a) of this section shall be fined not more than 

21 $1,000,000 for each day such prohibition is violated or 

22 imprisoned for not more than 5 years, or both. 

23 (d) 2 BANK HOLDING COMPANIES.— 

24 (1) IN GENERAL.—Subsections (a) and (b) shall 

25 apply to any company (other than a foreign bank) 


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1 that is a bank holding company and any organiza2 tion organized and operated under section 25A of 

3 the Federal Reserve Act (12 U.S.C. 611 et seq.) or 

4 operating under section 25 of the Federal Reserve 

5 Act (12 U.S.C. 601 et seq.), as if such bank holding 

6 company or organization were an insured depository 

7 institution, except that such subsections shall be ap8 plied for purposes of this subsection by substituting 

9 ‘‘Board of Governors of the Federal Reserve Sys10 tem’’ for ‘‘Corporation’’ each place that term ap11 pears in such subsections. 

12 (2) AUTHORITY OF BOARD.—The Board of 

13 Governors of the Federal Reserve System may pro14 vide exemptions, by regulation or order, from the ap15 plication of paragraph (1) if the exemption is con16 sistent with the purposes of this subsection. 

17 (e) SAVINGS AND LOAN HOLDING COMPANIES.— 

18 (1) IN GENERAL.—Subsections (a) and (b) shall 

19 apply to any savings and loan holding company as 

20 if such savings and loan holding company were an 

21 insured depository institution, except that such sub22 sections shall be applied for purposes of this sub23 section by substituting ‘‘Board of Governors of the 

24 Federal Reserve System’’ for ‘‘Corporation’’ each 

25 place that term appears in such subsections. 


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1 (2) AUTHORITY OF DIRECTOR.—The Board of 

2 Governors of the Federal Reserve System may pro3 vide exemptions, by regulation or order, from the ap4 plication of paragraph (1) if the exemption is con5 sistent with the purposes of this subsection. 

6 SEC. 10007. LOWERING THE AGE FOR EXPUNGEMENT OF 

7 CERTAIN CONVICTIONS FOR SIMPLE POSSES8 SION OF CONTROLLED SUBSTANCES BY NON9 VIOLENT YOUNG OFFENDERS. 

10 Section 3607(c) of title 18, United States Code, is 

11 amended by striking ‘‘less than twenty-one’’ and inserting 

12 ‘‘less than twenty-five’’. 

13 SEC. 10008. RESIDENCE OF INCARCERATED INDIVIDUALS. 

14 Section 141 of title 13, United States Code, is 

15 amended— 

16 (1) by redesignating subsection (g) as sub17 section (h); and 

18 (2) by inserting after subsection (f) the fol19 lowing: 

20 ‘‘(g)(1) Effective beginning with the 2020 decennial 

21 census of population, in taking any tabulation of total pop22 ulation by States under subsection (a) for purposes of the 

23 apportionment of Representatives in Congress among the 

24 several States, the Secretary shall, with respect to an indi25 vidual incarcerated in a State, Federal, county, or municVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01269 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 ipal correctional center as of the date on which such cen2 sus is taken, attribute such individual to such individual’s 

3 last place of residence before incarceration. 

4 ‘‘(2) In carrying out this subsection, the Secretary 

5 shall consult with each State department of corrections to 

6 collect the information necessary to make the determina7 tion required under paragraph (1).’’. 

8 TITLE XI—GUN VIOLENCE 

9 SEC. 11001. DEFINITIONS OF ‘‘INTIMATE PARTNER’’ AND 

10 ‘‘MISDEMEANOR CRIME OF DOMESTIC VIO11 LENCE’’ EXPANDED. 

12 Section 921(a) of title 18, United States Code, is 

13 amended— 

14 (1) in paragraph (32)— 

15 (A) by striking ‘‘and an individual’’ and in16 serting ‘‘an individual’’; and 

17 (B) by inserting ‘‘, or a dating partner (as 

18 defined in section 2266) or former dating part19 ner’’ before the period at the end; and 

20 (2) in paragraph (33)(A)(ii)— 

21 (A) by striking ‘‘or by’’ and inserting 

22 ‘‘by’’; and 

23 (B) by inserting ‘‘, or by a dating partner 

24 (as defined in section 2266) or former dating 


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1 partner of the victim’’ before the period at the 

2 end. 

3 SEC. 11002. UNLAWFUL SALE OF FIREARM TO A PERSON 

4 SUBJECT TO COURT ORDER. 

5 Section 922(d)(8) of title 18, United States Code, is 

6 amended to read as follows: 

7 ‘‘(8) is subject to a court order described in 

8 subsection (g)(8); or’’. 

9 SEC. 11003. LIST OF PERSONS SUBJECT TO A RESTRAINING 

10 OR SIMILAR ORDER PROHIBITED FROM POS11 SESSING OR RECEIVING A FIREARM EX12 PANDED. 

13 Section 922(g)(8) of title 18, United States Code, is 

14 amended— 

15 (1) in the matter preceding subparagraph (A), 

16 by striking ‘‘that’’; 

17 (2) by striking subparagraphs (A) and (B) and 

18 inserting the following: 

19 ‘‘(A)(i) that was issued after a hearing of 

20 which such person received actual notice, and at 

21 which such person had an opportunity to par22 ticipate; or 

23 ‘‘(ii) in the case of an ex parte order, relat24 ing to which notice and opportunity to be heard 

25 are provided— 


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1 ‘‘(I) within the time required by 

2 State, tribal, or territorial law; and 

3 ‘‘(II) in any event within a reasonable 

4 time after the order is issued, sufficient to 

5 protect the person’s right to due process; 

6 ‘‘(B) that restrains such person from— 

7 ‘‘(i) harassing, stalking, threatening, 

8 or engaging in other conduct that would 

9 put an individual in reasonable fear of bod10 ily injury to such individual, including an 

11 order that was issued at the request of an 

12 employer on behalf of its employee or at 

13 the request of an institution of higher edu14 cation on behalf of its student; or 

15 ‘‘(ii) intimidating or dissuading a wit16 ness from testifying in court; and’’; and 

17 (3) in subparagraph (C)— 

18 (A) by striking ‘‘intimate partner or child’’ 

19 each place it appears and inserting ‘‘individual 

20 described in subparagraph (B)’’; 

21 (B) in clause (i), by inserting ‘‘that’’ be22 fore ‘‘includes’’; and 

23 (C) in clause (ii), by inserting ‘‘that’’ be24 fore ‘‘by its’’. 


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1 SEC. 11004. STALKING PROHIBITIONS. 

2 (a) SALES OR OTHER DISPOSITIONS OF FIREARMS

3 OR AMMUNITION.—Section 922(d) of title 18, United 

4 States Code, as amended by section 3 of this Act, is 

5 amended— 

6 (1) by striking ‘‘or’’ at the end of paragraph 

7 (8); 

8 (2) by striking the period at the end of para9 graph (9) and inserting ‘‘; or’’; and 

10 (3) by inserting after paragraph (9) the fol11 lowing: 

12 ‘‘(10) has been convicted in any court of— 

13 ‘‘(A) a misdemeanor crime of stalking 

14 under Federal, State, territorial, or tribal law; 

15 or 

16 ‘‘(B) a crime that involves conduct which 

17 would be prohibited by section 2261A if com18 mitted within the special maritime and terri19 torial jurisdiction of the United States.’’. 

20 (b) POSSESSION, ETC., OF FIREARMS OR AMMUNI21 TION.—Section 922(g) of such title, as amended by section 

22 4 of this Act, is amended— 

23 (1) by striking ‘‘or’’ at the end of paragraph 

24 (8); 

25 (2) by striking the comma at the end of para26 graph (9) and inserting ‘‘; or’’; and 


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1 (3) by inserting after paragraph (9) the fol2 lowing: 

3 ‘‘(10) has been convicted in any court of— 

4 ‘‘(A) a misdemeanor crime of stalking 

5 under Federal, State, territorial, or tribal law; 

6 or 

7 ‘‘(B) a crime that involves conduct which 

8 would be prohibited by section 2261A if com9 mitted within the special maritime and terri10 torial jurisdiction of the United States,’’. 

11 SEC. 11005. FINDINGS. 

12 The Congress finds as follows: 

13 (1) As of December 4, 2017, there have been 

14 56,825 incidents of gun violence in the United 

15 States in 2017. 

16 (2) As of December 4, 2017, there have been 

17 14,319 deaths related to gun violence in the United 

18 States in 2017. 

19 (3) Defining a mass shooting as an incident of 

20 violence during which four or more people are shot, 

21 not including the shooter— 

22 (A) there have been 327 mass shootings in 

23 the United States in 2017; 


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1 (B) on average, there is more than one 

2 mass shooting each day in the United States; 

3 and 

4 (C) there have been more than 1,500 mass 

5 shootings in the United States since the shoot6 ing at Sandy Hook Elementary in 2012. 

7 SEC. 11006. RESEARCH ON MENTAL HEALTH, GUN VIO8 LENCE, AND HOW THEY INTERSECT. 

9 Effective on the date of enactment of the Consoli10 dated Appropriations Act, 2016 (Public Law 114–113), 

11 section 210 (prohibiting the availability of funds to advo12 cate or promote gun control) of title II of division H of 

13 such Act (relating to the Department of Health and 

14 Human Services) is amended to read as follows: 

15 ‘‘SEC. 210. None of the funds made available in this 

16 title may be used, in whole or in part, to advocate or pro17 mote gun control. Nothing in this section shall be con18 strued to limit funding for the conduct or support of re19 search on mental health, gun violence, and how they inter20 sect.’’. 

21 SEC. 11007. REPORT ON EFFECTS OF GUN VIOLENCE ON 

22 PUBLIC HEALTH. 

23 Not later than one year after the date of the enact24 ment of this Act, and annually thereafter, the Surgeon 

25 General of the Public Health Service shall submit to ConVerDate Sep 11 2014 20:18 Jun 18, 2018 Jkt 079200 PO 00000 Frm 01275 Fmt 6652 Sfmt 6201 E:\BILLS\H5785.IH H5785

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1 gress a report on the effects on public health, including 

2 mental health, of gun violence in the United States during 

3 the preceding year, and the status of actions taken to ad4 dress such effects. 

5 SEC. 11008. REPORT ON EFFECTS OF GUN VIOLENCE ON 

6 MENTAL HEALTH IN MINORITY COMMU7 NITIES. 

8 Not later than one year after the date of the enact9 ment of this Act, the Deputy Assistant Secretary for Mi10 nority Health in the Office of the Secretary of Health and 

11 Human Services shall submit to Congress a report on the 

12 effects of gun violence on public health, including mental 

13 health, in minority communities in the United States, and 

14 the status of actions taken to address such effects. 

Æ 


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