115 S1551 IS: Economic Freedom Zones Act of 2017
U.S. Senate
2017-07-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		 II
		115th CONGRESS1st Session
		S. 1551
		IN THE SENATE OF THE UNITED STATES

			July 13, 2017
			Mr. Paul (for himself and Mr. McConnell) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To provide for the establishment of free market enterprise zones in order to help facilitate the
			 creation of new jobs, entrepreneurial opportunities, enhanced and renewed
			 educational opportunities, and increased community involvement in bankrupt
			 or economically distressed areas.

		1.Short title; table of contents
			(a)Short title
 This Act may be cited as the Economic Freedom Zones Act of 2017.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Prohibition of Federal Government bailouts Sec. 101. Prohibition of Federal Government bailouts. TITLE II—Designation of Economic Freedom Zones (EFZ) Sec. 201. Eligibility requirements for Economic Freedom Zone status. Sec. 202. Application and duration of designation. TITLE III—Federal tax incentives Sec. 301. Tax incentives related to Economic Freedom Zones. TITLE IV—Federal regulatory reductions Sec. 401. Suspension of certain laws and regulations. TITLE V—Educational enhancements Sec. 501. Educational opportunity tax credit. Sec. 502. School choice through portability. Sec. 503. Special Economic Freedom Zone visas. Sec. 504. Economic Freedom Zone educational savings accounts. TITLE VI—Community assistance and rebuilding Sec. 601. Nonapplication of Davis-Bacon. Sec. 602. Economic Freedom Zone charitable tax credit.  2.DefinitionsIn this Act:
 (1)CityThe term city means any unit of general local government that is classified as a municipality by the United States Census Bureau, or is a town or township as determined jointly by the Director of the Office of Management and Budget and the Secretary.
 (2)CountyThe term county means any unit of local general government that is classified as a county by the United States Census Bureau.
 (3)Eligible entityThe term eligible entity means a municipality or a zip code. (4)MunicipalityThe term municipality has the meaning given that term in section 101(40) of title 11, United States Code.
 (5)SecretaryThe term Secretary means the Secretary of the Treasury. (6)Zip codeThe term zip code means any area or region associated with or covered by a United States Postal zip code of not less than 5 digits.
			IProhibition of Federal Government bailouts
			101.Prohibition of Federal Government bailouts
 (a)DefinitionsIn this section— (1)the term credit rating has the meaning given that term in section 3(a)(60) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(60));
 (2)the term credit rating agency has the meaning given that term in section 3(a)(61) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(61));
 (3)the term Federal assistance means the use of any advances from the Federal Reserve credit facility or discount window that is not part of a program or facility with broad-based eligibility under section 13(3)(A) of the Federal Reserve Act (12 U.S.C. 343(3)(A)), Federal Deposit Insurance Corporation insurance, or guarantees for the purpose of—
 (A)making a loan to, or purchasing any interest or debt obligation of, a municipality; (B)purchasing the assets of a municipality;
 (C)guaranteeing a loan or debt issuance of a municipality; or (D)entering into an assistance arrangement, including a grant program, with an eligible entity;
 (4)the term insolvent means, with respect to an eligible entity, a financial condition such that the eligible entity— (A)has any debt that has been given a credit rating lower than a B by a nationally recognized statistical rating organization or a credit rating agency;
 (B)is not paying its debts as they become due, unless such debts are the subject of a bona fide dispute; or
 (C)is unable to pay its debts as they become due; and (5)the term nationally recognized statistical rating organization has the meaning given that term in section 3(a)(62) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(62)).
					(b)Prohibition of Federal government bailouts
 (1)Prohibition of Federal assistanceNotwithstanding any other provision of law, no Federal assistance may be provided to an eligible entity (other than the assistance provided for in this Act for an area that is designated as an Economic Free Zone).
 (2)Prohibition of financial assistance to bankrupt or insolvent eligible entitiesExcept as provided in paragraph (1), the Federal Government may not provide financial assistance—
 (A)to a municipality that is a debtor under chapter 9 of title 11, United States Code; or (B)to a municipality that is insolvent.
						IIDesignation of Economic Freedom Zones (EFZ)
			201.Eligibility requirements for Economic Freedom Zone status
				(a)Designation of municipalities as Economic Freedom Zones
 (1)In generalAn eligible entity that is a municipality may be designated by the Secretary as an Economic Freedom Zone if the municipality—
 (A)meets the requirements under section 109(c) of title 11, United States Code; (B)is at risk of insolvency, as determined under paragraph (2);
 (C)has been subject to receivership by the State within the last 3 years; (D)has been a debtor under chapter 9 of title 11, United States Code, within the last 3 years;
 (E)has been subject to a financial advisory board, emergency manager, or similar entity that— (i)has arisen from the legislative or executive authority of the State; and
 (ii)exercises significant financial control over the finances of the entity within the last 3 years; or (F)is in receivership or is being overseen by the Federal Government.
 (2)At risk of insolvencyA municipality is at risk of insolvency if— (A)an independent actuarial firm that has been engaged by the municipality and that does not have a conflict of interest with the municipality, including any previous relationship with the municipality, as determined by the Secretary—
 (i)determines that the municipality is insolvent (as defined in section 101(a)(4) of title 11, United States Code); and
 (ii)submits its analysis regarding the insolvency of the municipality to the Secretary; and (B)the Secretary has reviewed and approved the determination of insolvency by the actuarial firm.
						(b)Designation of counties, cities, and zip codes as Economic Freedom Zones
 (1)In generalAn eligible entity may be designated by the Secretary as an Economic Freedom Zone if the eligible entity—
 (A)is a county or city that— (i)is located in a non-metropolitan statistical area (as defined by the Director of the Office of Management and Budget); and
 (ii)meets the requirements under paragraph (2); or (B)is a zip code that meets the requirements under paragraph (2).
						(2)Low economic and high poverty area
 (A)In generalAn eligible entity shall be eligible for designation as an Economic Freedom Zone under paragraph (1) if the eligible entity is designated by the Secretary as a low economic or high poverty area under subparagraph (B).
 (B)Designation as low economic and high poverty areaThe Secretary, after reviewing supporting data as determined appropriate, shall designate an eligible entity as a low economic or high poverty area if—
 (i)the State or local government with jurisdiction over the eligible entity certifies that— (I)the eligible entity is one of pervasive poverty, unemployment, and general distress;
 (II)the average rate of unemployment within such eligible entity during the most recent 3-month period for which data is available is at least 1.5 times the national unemployment rate for the period involved;
 (III)during the most recent 3-month period, at least 30 percent of the residents of the eligible entity have incomes below the national poverty level; or
 (IV)at least 70 percent of the residents of the eligible entity have incomes below 80 percent of the median income of households within the jurisdiction of the local government (as determined in the same manner as under section 119(b)(2) of the Housing and Community Development Act of 1974); and
 (ii)the Secretary determines that such a designation is appropriate. (c)Refusal To grant statusThe Secretary may refuse to designate an eligible entity as an Economic Freedom Zone if the Secretary determines that any requirement under this Act, including any requirement under subsection (a)(2), has not been satisfied.
				202.Application and duration of designation
 (a)ApplicationThe Secretary shall develop procedures to enable an eligible entity to submit to the Secretary an application for designation as an Economic Freedom Zone under this title.
 (b)DurationThe designation by the Secretary of an eligible entity as a Economic Freedom Zone shall be for a period of 10 years.
				IIIFederal tax incentives
			301.Tax incentives related to Economic Freedom Zones
 (a)In generalChapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter:

						ZEconomic Freedom ZonesPart I—Tax incentivesPart II—Definitions
							ITax incentivesSec. 1400V–1. Economic Freedom Zone individual flat tax.Sec. 1400V–2. Economic Freedom Zone corporate flat tax.Sec. 1400V–3. Zero percent capital gains rate.Sec. 1400V–4. Reduced payroll taxes.Sec. 1400V–5. Increase in expensing under section 179.
								1400V–1.Economic Freedom Zone individual flat tax
 (a)In generalIn the case of any individual whose principal residence (within the meaning of section 121) is located in an Economic Freedom Zone for the taxable year, in lieu of the tax imposed by section 1, there shall be imposed a tax equal to 5 percent of the taxable income of such taxpayer. For purposes of this title, the tax imposed by the preceding sentence shall be treated as a tax imposed by section 1.
 (b)Joint returnsIn the case of a joint return under section 6013, subsection (a) shall apply so long as either spouse has a principal residence (within the meaning of section 121) in an Economic Freedom Zone for the taxable year.
 (c)Alternative minimum tax not To applyThe tax imposed by section 55 shall not apply to any taxpayer to whom subsection (a) applies. 1400V–2.Economic Freedom Zone corporate flat tax (a)In generalIn the case of any corporation located in an Economic Freedom Zone for the taxable year, in lieu of the tax imposed by section 11, there shall be imposed a tax equal to 5 percent of the taxable income of such corporation. For purposes of this title, the tax imposed by the preceding sentence shall be treated as a tax imposed by section 11.
 (b)LimitationSubsection (a) shall not apply to any corporation for any taxable year if the adjusted gross income of such corporation for such taxable year exceeds $500,000,000.
 (c)LocatedFor purposes of this section, a corporation shall be considered to be located in an Economic Freedom Zone if—
 (1)not less than 10 percent of the total gross income of such corporation is derived from the active conduct of a trade or business within an Economic Freedom Zone, or
 (2)at least 25 percent of the employees of such corporation are residents of an Economic Freedom Zone. (d)Alternative minimum tax not To applyThe tax imposed by section 55 shall not apply to any taxpayer to whom subsection (a) applies.
									1400V–3.Zero percent capital gains rate
 (a)ExclusionGross income shall not include qualified capital gain from the sale or exchange of— (1)any Economic Freedom Zone asset held for more than 5 years, or
 (2)any real property located in an Economic Freedom Zone. (b)Economic freedom zone assetFor purposes of this section—
 (1)In generalThe term Economic Freedom Zone asset means— (A)any Economic Freedom Zone business stock,
 (B)any Economic Freedom Zone partnership interest, and (C)any Economic Freedom Zone business property.
											(2)Economic freedom zone business stock
 (A)In generalThe term Economic Freedom Zone business stock means any stock in a domestic corporation if— (i)such stock is acquired by the taxpayer, before the date on which such corporation no longer qualifies as an Economic Freedom Zone business due to the lapse of 1 or more Economic Freedom Zones, at its original issue (directly or through an underwriter) solely in exchange for cash,
 (ii)as of the time such stock was issued, such corporation was an Economic Freedom Zone business (or, in the case of a new corporation, such corporation was being organized for purposes of being an Economic Freedom Zone), and
 (iii)during substantially all of the taxpayer's holding period for such stock, such corporation qualified as an Economic Freedom Zone business.
 (B)RedemptionsA rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. (3)Economic freedom zone partnership interestThe term Economic Freedom Zone partnership interest means any capital or profits interest in a domestic partnership if—
 (A)such interest is acquired by the taxpayer, before the date on which such partnership no longer qualifies as an Economic Freedom Zone business due to the lapse of 1 or more Economic Freedom Zones, from the partnership solely in exchange for cash,
 (B)as of the time such interest was acquired, such partnership was an Economic Freedom Zone business (or, in the case of a new partnership, such partnership was being organized for purposes of being an Economic Freedom Zone), and
 (C)during substantially all of the taxpayer's holding period for such interest, such partnership qualified as an Economic Freedom Zone business. A rule similar to the rule of paragraph (2)(B) shall apply for purposes of this paragraph.
											(4)Economic freedom zone business property
 (A)In generalThe term Economic Freedom Zone business property means tangible property if— (i)such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after the date on such taxpayer qualifies as an Economic Freedom Zone business and before the date on which such taxpayer no longer qualifies as an Economic Freedom Zone business due to the lapse of 1 or more Economic Freedom Zones,
 (ii)the original use of such property in the Economic Freedom Zone commences with the taxpayer, and (iii)during substantially all of the taxpayer's holding period for such property, substantially all of the use of such property was in an Economic Freedom Zone business of the taxpayer.
												(B)Special rule for buildings which are substantially improved
 (i)In generalThe requirements of clauses (i) and (ii) of subparagraph (A) shall be treated as met with respect to—
 (I)property which is substantially improved by the taxpayer before the date on which such taxpayer no longer qualifies as an Economic Freedom Zone business due to the lapse of 1 or more Economic Freedom Zones, and
 (II)any land on which such property is located. (ii)Substantial improvementFor purposes of clause (i), property shall be treated as substantially improved by the taxpayer only if, during any 24-month period beginning after the date on which the taxpayer qualifies as an Economic Freedom Zone business additions to basis with respect to such property in the hands of the taxpayer exceed the greater of—
 (I)an amount equal to the adjusted basis of such property at the beginning of such 24-month period in the hands of the taxpayer, or
 (II)$5,000. (5)Treatment of economic freedom zone terminationExcept as otherwise provided in this subsection, the termination of the designation of the Economic Freedom Zone shall be disregarded for purposes of determining whether any property is an Economic Freedom Zone asset.
 (6)Treatment of subsequent purchasers, etcThe term Economic Freedom Zone asset includes any property which would be an Economic Freedom Zone asset but for paragraph (2)(A)(i), (3)(A), or (4)(A) (i) or (ii) in the hands of the taxpayer if such property was an Economic Freedom Zone asset in the hands of a prior holder.
 (7)5-year safe harborIf any property ceases to be an Economic Freedom Zone asset by reason of paragraph (2)(A)(iii), (3)(C), or (4)(A)(iii) after the 5-year period beginning on the date the taxpayer acquired such property, such property shall continue to be treated as meeting the requirements of such paragraph; except that the amount of gain to which subsection (a) applies on any sale or exchange of such property shall not exceed the amount which would be qualified capital gain had such property been sold on the date of such cessation.
 (c)Economic freedom zone businessFor purposes of this section, the term Economic Freedom Zone business means any enterprise zone business (as defined in section 1397C), determined— (1)after the application of section 1400(e),
 (2)by substituting 80 percent for 50 percent in subsections (b)(2) and (c)(1) of section 1397C, and (3)by treating only areas that are Economic Freedom Zones as an empowerment zone or enterprise community.
 (d)Other definitions and special rulesFor purposes of this section— (1)Qualified capital gainExcept as otherwise provided in this subsection, the term qualified capital gain means any gain recognized on the sale or exchange of—
 (A)a capital asset, or (B)property used in the trade or business (as defined in section 1231(b)).
 (2)Certain gain not qualifiedThe term qualified capital gain shall not include any gain attributable to periods before the date on which the a business qualifies as an Economic Freedom Zone business or after the date that is 4 years after the date on which such business no longer qualifies as an Economic Freedom Zone business due to the lapse of 1 or more Economic Freedom Zones.
 (3)Certain gain not qualifiedThe term qualified capital gain shall not include any gain which would be treated as ordinary income under section 1245 or under section 1250 if section 1250 applied to all depreciation rather than the additional depreciation.
 (4)Intangibles not integral part of economic freedom zone businessIn the case of gain described in subsection (a)(1), the term qualified capital gain shall not include any gain which is attributable to an intangible asset which is not an integral part of an Economic Freedom Zone business.
 (5)Related party transactionsThe term qualified capital gain shall not include any gain attributable, directly or indirectly, in whole or in part, to a transaction with a related person. For purposes of this paragraph, persons are related to each other if such persons are described in section 267(b) or 707(b)(1).
										(e)Sales and exchanges of interests in partnerships and S corporations which are Economic Freedom Zone
 businessesIn the case of the sale or exchange of an interest in a partnership, or of stock in an S corporation, which was an Economic Freedom Zone business during substantially all of the period the taxpayer held such interest or stock, the amount of qualified capital gain shall be determined without regard to—
 (1)any gain which is attributable to an intangible asset which is not an integral part of an Economic Freedom Zone business, and
 (2)any gain attributable to periods before the date on which the a business qualifies as an Economic Freedom Zone business or after the date that is 4 years after the date on which such business no longer qualifies as an Economic Freedom Zone business due to the lapse of 1 or more Economic Freedom Zones.
										1400V–4.Reduced payroll taxes
									(a)In general
 (1)EmployeesThe rate of tax under 3101(a) (including for purposes of determining the applicable percentage under sections 3201(a) and 3211(a)(1)) shall be 4.2 percent for any remuneration received during any period in which the individual's principal residence (within the meaning of section 121) is located in an Economic Freedom Zone.
										(2)Employers
 (A)In generalThe rate of tax under section 3111(a) (including for purposes of determining the applicable percentage under sections 3221(a)) shall be 4.2 percent with respect to remuneration paid for qualified services during any period in which the employer is located in an Economic Freedom Zone.
 (B)Qualified servicesFor purposes of this section, the term qualified services means services performed— (i)in a trade or business of a qualified employer, or
 (ii)in the case of a qualified employer exempt from tax under section 501(a) of the Internal Revenue Code of 1986, in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501 of such Code.
 (C)Location of employerFor purposes of this paragraph, the location of an employer shall be determined in the same manner as under section 1400V–2(c).
 (3)Self-employed individualsThe rate of tax under section 1401(a) shall be 8.40 percent any taxable year in which such individual was located (determined under section 1400V–2(c) as if such individual were a corporation) in an Economic Freedom Zone.
										(b)Transfers of funds
 (1)Transfers to Federal old-age and survivors insurance trust fundThere are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the application of subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.
 (2)Transfers to Social Security Equivalent Benefit AccountThere are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n–1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the application of paragraphs (1) and (2) of subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted.
 (3)Coordination with other federal lawsFor purposes of applying any provision of Federal law other than the provisions of the Internal Revenue Code of 1986, the rate of tax in effect under section 3101(a) shall be determined without regard to the reduction in such rate under this section.
										1400V–5.Increase in expensing under section 179
 (a)In generalIn the case of an Economic Freedom Zone business, for purposes of section 179— (1)the limitation under section 179(b)(1) shall be increased by the lesser of—
 (A)200 percent of the amount in effect under such section (determined without regard to this section), or
 (B)the cost of section 179 property which is Economic Freedom Zone business property placed in service during the taxable year, and
 (2)the amount taken into account under section 179(b)(2) with respect to any section 179 property which is Economic Freedom Zone business property shall be 50 percent of the cost thereof.
 (b)Economic freedom zone business propertyFor purposes of this section, the term Economic Freedom Zone business property has the meaning given such term under section 1400V–3(b)(4), except that for purposes of subparagraph (A)(ii) thereof, if property is sold and leased back by the taxpayer within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback.
 (c)RecaptureRules similar to the rules under section 179(d)(10) shall apply with respect to any qualified zone property which ceases to be used in an empowerment zone by an enterprise zone business.
									IIDefinitionsSec. 1400V–6. Economic Freedom Zone.
 1400V–6.Economic freedom zoneFor purposes of this subchapter, the term Economic Freedom Zone means any area which is an Economic Freedom Zone under title II of the Economic Freedom Zone Act..
 (b)Clerical amendmentThe table of subchapters for chapter 1 of such Code is amended by inserting after the item relating to subchapter Y the following new item:
					SUBCHAPTER Z—Economic Freedom Zones.
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				IVFederal regulatory reductions
			401.Suspension of certain laws and regulations
 (a)Environmental protection agencyFor each area designated as an Economic Freedom Zone under this Act, the Administrator of the Environmental Protection Agency shall not enforce, with respect to that Economic Freedom Zone, and the Economic Freedom Zone shall be exempt from compliance with—
 (1)part D of the Clean Air Act (42 U.S.C. 7501 et seq.) (including any regulations promulgated under that part);
 (2)section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); (3)sections 139, 168, 169, 326, and 327 of title 23, United States Code;
 (4)section 304 of title 49, United States Code; and (5)sections 1315 through 1320 of Public Law 112–141 (126 Stat. 549).
					(b)Department of the interior
 (1)Wild and scenic riversFor each area designated as an Economic Freedom Zone under this Act, the Secretary of the Interior shall not enforce, with respect to that Economic Freedom Zone, and the Economic Freedom Zone shall be exempt from compliance with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.).
 (2)National heritage areasFor the period beginning on the date of enactment of this Act and ending on the date on which an area is removed from designation as an Economic Freedom Zone, any National Heritage Area located within that Economic Freedom Zone shall not be considered to be a National Heritage Area and any applicable Federal law (including regulations) relating to that National Heritage Area shall not apply.
					VEducational enhancements
			501.Educational opportunity tax credit
 (a)In generalSubpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:

						25E.Credit for qualified elementary and secondary education expenses
 (a)In generalIn the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses of an eligible student.
 (b)LimitationThe amount taken into account under subsection (a) with respect to any student for any taxable year shall not exceed $5,000.
 (c)DefinitionsFor purposes of this section— (1)Qualified elementary and secondary education expensesThe term qualified elementary and secondary education expenses has the meaning given such term under section 530(b)(3).
 (2)Eligible studentThe term eligible student means any student who— (A)is enrolled in, or attends, any public, private, or religious school (as defined in section 530(b)(3)(B)), and
 (B)whose principal residence (within the meaning of section 123) is located in an Economic Freedom Zone.
 (3)Economic freedom zoneThe term Economic Freedom Zone means any area which is an Economic Freedom Zone under title II of the Economic Freedom Zone Act..
 (b)Clerical amendmentThe table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item:
					Sec. 25E. Credit for qualified elementary and secondary education expenses..
 (c)Effective dateThe amendments made by this section shall apply to expenditures made in taxable years beginning after the date of the enactment of this Act.
				502.School choice through portability
 (a)In generalSubpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) is amended by adding at the end the following:

						1128.School choice through portability
							(a)Authorization
 (1)In generalNotwithstanding sections 1124, 1124A, and 1125 and any other provision of law, and to the extent permitted under State law, a State educational agency may allocate grant funds under this subpart among the local educational agencies in the State based on the formula described in paragraph (2).
 (2)FormulaA State educational agency may allocate grant funds under this subpart for a fiscal year among the local educational agencies in the State in proportion to the number of eligible children enrolled in public schools served by the local educational agency and enrolled in State-accredited private schools within the local educational agency's geographic jurisdiction, for the most recent fiscal year for which satisfactory data are available, compared to the number of such children in all such local educational agencies for that fiscal year.
								(b)Eligible child
 (1)In generalIn this section, the term eligible child means a child— (A)from a family with an income below the poverty level, on the basis of the most recent satisfactory data published by the Department of Commerce; and
 (B)who resides in an Economic Freedom Zone as designated under title II of the Economic Freedom Zones Act of 2017. (2)Criteria of povertyIn determining the families with incomes below the poverty level for the purposes of paragraph (2), a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census.
 (3)Identification of eligible childrenOn an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency and enrolled in State-accredited private schools within the local educational agency's geographic jurisdiction.
 (c)Distribution to schoolsEach local educational agency that receives grant funding under subsection (a) shall distribute such funds to the public schools served by the local educational agency and State-accredited private schools with the local educational agency's geographic jurisdiction—
 (1)based on the number of eligible children enrolled in such schools; and (2)in the manner that would, in the absence of such Federal funds, supplement the funds made available from the non-Federal resources for the education of pupils participating in programs under this part, and not to supplant such funds..
 (b)Table of contentsThe table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1127 the following:
					Sec. 1128. School choice through portability..
				503.Special Economic Freedom Zone visas
 (a)DefinitionsIn this section: (1)Abandoned; dilapidatedThe terms abandoned and dilapidated shall be defined by the States in accordance with the provisions of this Act.
 (2)Full-time employmentThe term full-time employment means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
 (b)PurposeThe purpose of this section is to facilitate increased investment and enhanced human capital in Economic Freedom Zones through the issuance of special regional visas.
 (c)AuthorizationThe Secretary of Homeland Security, in collaboration with the Secretary of Labor, may issue Special Economic Freedom Zone Visas, in a number determined by the Governor of each State, in consultation with local officials in regions designated by the Secretary of the Treasury as Economic Freedom Zones, to authorize qualified aliens to enter the United States for the purpose of—
 (1)engaging in a new commercial enterprise (including a limited partnership)— (A)in which such alien has invested, or is actively in the process of investing, capital in an amount not less than the amount specified in subsection (d); and
 (B)which will benefit the region designated as an Economic Freedom Zone by creating full-time employment of not fewer than 5 United States citizens, aliens lawfully admitted for permanent residence, or other immigrants lawfully authorized to be employed in the United States (excluding the alien and the alien's immediate family);
 (2)engaging in the purchase and renovation of dilapidated or abandoned properties or residences (as determined by State and local officials) in which such alien has invested, or is actively in the process of investing, in the ownership of such properties or residences; or
 (3)residing and working in an Economic Freedom Zone. (d)Effective periodA visa issued to an alien under this section shall expire on the later of—
 (1)the date on which the relevant Economic Freedom Zone loses such designation; or (2)the date that is 5 years after the date on which such visa was issued to such alien.
					(e)Capital and educational requirements
 (1)New commercial enterprisesExcept as otherwise provided under this section, the minimum amount of capital required to comply with subsection (c)(1)(A) shall be $50,000.
 (2)Renovation of dilapidated or abandoned propertiesAn alien is not in compliance with subsection (c)(2) unless the alien— (A)purchases a dilapidated or abandoned property in an Economic Freedom Zone; and
 (B)not later than 18 months after such purchase, invests not less than $25,000 to rebuild, rehabilitate, or repurpose the property.
 (3)VerificationA visa issued under subsection (c) shall not remain in effect for more than 2 years unless the Secretary of Homeland Security has verified that the alien has complied with the requirements described in subsection (c).
 (4)Education and skill requirementsAn alien is not in compliance with subsection (c)(3) unless the alien possesses— (A)a bachelor's degree (or its equivalent) or an advanced degree;
 (B)a degree or specialty certification that— (i)is required for the job the alien will be performing; and
 (ii)is specific to an industry or job that is so complex or unique that it can be performed only by an individual with the specialty certification;
 (C)(i)the knowledge required to perform the duties of the job the alien will be performing; and (ii)the nature of the specific duties is so specialized and complex that such knowledge is usually associated with attainment of a bachelor's or higher degree; or
 (D)a skill or talent that would benefit the Economic Freedom Zone. (f)Additional provisions (1)Geographic limitationAn alien who has been issued a visa under this section is not permitted to live or work outside of an Economic Freedom Zone.
 (2)RescissionA visa issued under this section shall be rescinded if the visa holder resides or works outside of an Economic Freedom Zone or otherwise fails to comply with the provisions of this section.
 (3)Other visasAn alien who has been issued a visa under this section may apply for any other visa for which the alien is eligible in order to pursue employment outside of an Economic Freedom Zone.
 (g)Adjustment of statusThe Secretary of Homeland Security may adjust the status of an alien who has been issued a visa under this section to that of an alien lawfully admitted for permanent residence, without numerical limitation, if the alien—
 (1)has fully complied with the requirements set forth in this section for at least 5 years;
 (2)submits a completed application to the Secretary; and (3)is not inadmissible to the United States based on any of the factors set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)).
					504.Economic Freedom Zone educational savings accounts
 (a)In generalPart VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

						530A.Economic Freedom Zone educational savings accounts
 (a)In generalExcept as provided in this section, an Economic Freedom Zone educational savings account shall be treated for purposes of this title in the same manner as a Coverdell education savings account.
 (b)DefinitionsFor purposes of this section— (1)Economic freedom zone educational savings accountThe term Economic Freedom Zone educational savings account means a trust created or organized in the United States exclusively for the purpose of paying the qualified education expenses (as defined in section 530(b)(2)) of an individual who is the designated beneficiary of the trust (and designated as an Economic Freedom Zone educational saving account at the time created or organized) and who is a qualified individual at the time such trust is established, but only if the written governing instrument creating the trust meets the following requirements:
 (A)No contribution will be accepted— (i)unless it is in cash,
 (ii)after the date on which such beneficiary attains age 25, or (iii)except in the case of rollover contributions, if such contribution would result in aggregate contributions for the taxable year exceeding $10,000.
 (B)No contribution shall be accepted at any time in which the designated beneficiary is not a qualified individual.
 (C)The trust meets the requirements of subparagraphs (B), (C), (D), and (E) of section 530(b)(1). The age limitations in subparagraph (A)(ii), subparagraph (E) of section 530(b)(1), and paragraphs (5) and (6) of section 530(d), shall not apply to any designated beneficiary with special needs (as determined under regulations prescribed by the Secretary).(2)Qualified individualThe term qualified individual means any individual whose principal residence (within the meaning of section 121) is located in an Economic Freedom Zone (as defined in section 1400V–6).
								(c)Deduction for contributions
 (1)In generalThere shall be allowed as a deduction under part VII of subchapter B of this chapter an amount equal to the aggregate amount of contributions made by the taxpayer to any Economic Freedom Zone educational savings account during the taxable year.
 (2)LimitationThe amount of the deduction allowed under paragraph (1) for any taxpayer for any taxable year shall not exceed $40,000.
 (3)No deduction for rollover contributionsNo deduction shall be allowed under paragraph (1) for any rollover contribution described in section 530(d)(5).
								(d)Other rules
 (1)No income limitIn the case of an Economic Freedom Zone educational savings account, subsection (c) of section 530 shall not apply.
 (2)Change in beneficiariesNotwithstanding paragraph (6) of section 530(b), a change in the beneficiary of an Economic Freedom Zone education savings account shall be treated as a distribution unless the new beneficiary is a qualified individual..
 (b)Clerical amendmentThe table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by adding at the end the following new item:
					Sec. 530A. Economic Freedom Zone educational savings accounts..
				VICommunity assistance and rebuilding
 601.Nonapplication of Davis-BaconThe wage rate requirements of subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act), shall not apply with respect to any area designated as an Economic Freedom Zone under this Act.
			602.Economic Freedom Zone charitable tax credit
 (a)In generalSection 170 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection:

						(o)Election To treat contributions for Economic Freedom Zone charities as a credit
 (1)In generalIn the case of an individual, at the election of the taxpayer, so much of the deduction allowed under subsection (a) (determined without regard to this subsection) which is attributable to Economic Freedom Zone charitable contributions—
 (A)shall be allowed as a credit against the tax imposed by this chapter for the taxable year, and (B)shall not be allowed as a deduction for such taxable year under subsection (a). Any amount allowable as a credit under this subsection shall be treated as a credit allowed under subpart A of part IV of subchapter A for purposes of this title.
 (2)Amount attributable to economic freedom zone charitable contributionsFor purposes of paragraph (1)—
 (A)In generalIn any case in which the total charitable contributions of a taxpayer for a taxable year exceed the contribution base, the amount of Economic Freedom Zone charitable contributions taken into account under paragraph (1) shall be the amount which bears the same ratio to the total charitable contributions made by the taxpayer during such taxable year as the amount of the deduction allowed under subsection (a) (determined without regard to this subsection and after application of subsection (b)) bears to the total charitable contributions made by the taxpayer for such taxable year.
 (B)CarryoversIn the case of any contribution carried from a preceding taxable year under subsection (d), such amount shall be treated as attributable to an Economic Freedom Zone charitable contribution in the amount that bears the same ratio to the total amount carried from preceding taxable years under subsection (d) as the amount of Economic Freedom Zone charitable contributions not allowed as a deduction under subsection (a) (other than by reason of this subsection for the preceding 5 taxable years) bears to total amount carried from preceding taxable years under subsection (d).
 (3)Economic freedom zone charitable contributionThe term Economic Freedom Zone charitable contribution means any contribution to a corporation, trust, or community chest fund, or foundation described in subsection (c)(2), but only if—
 (A)such entity is created or organized exclusively for— (i)religious purposes,
 (ii)educational purposes, or (iii)any of the following charitable purposes: providing educational scholarships, providing shelters for homeless individuals, or setting up or maintaining food banks,
 (B)the primary mission of such entity is serving individuals in an Economic Freedom Zone, (C)the entity maintains accountability to residents of such Economic Freedom Zone through their representation on any governing board of the entity or any advisory board to the entity, and
 (D)the entity is certified by the Secretary for purposes of this subsection. Such term shall not include any contribution made to an entity described in the preceding sentence after the date in which the designation of the Economic Freedom Zone serviced by such entity lapses.(4)Economic freedom zoneThe term Economic Freedom Zone means any area which is an Economic Freedom Zone under title II of the Economic Freedom Zone Act..
 (b)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


116 HR 6478 IH: Public Transit Safety Program Improvement Act
U.S. House of Representatives
2020-04-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6478IN THE HOUSE OF REPRESENTATIVESApril 10, 2020Mr. Brown of Maryland (for himself, Mr. Malinowski, and Mr. Lynch) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 49, United States Code, to modify the requirements of approval of an agency safety plan, and for other purposes.1.Short titleThis Act may be cited as the Public Transit Safety Program Improvement Act.2.Public transportation safety programSection 5329(d)(1)(A) of title 49, United States Code, is amended by inserting within such recipient’s fiscal budget and after approval by a safety and health committee of the recipient consisting of frontline employee representatives (selected by the labor organization representing the majority of the frontline workforce employed by the recipient) and an equal number of employer or State representatives after to the agency safety plan.


115 SRES 558 ATS: Designating July 30, 2018, as “National Whistleblower Appreciation Day”.
U.S. Senate
2018-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III115th CONGRESS2d SessionS. RES. 558IN THE SENATE OF THE UNITED STATESJune 28, 2018Mr. Grassley (for himself, Mr. Wyden, Ms. Baldwin, Mr. Carper, Mr. Markey, Mr. Johnson, Mr. Tillis, Mrs. McCaskill, Mr. Peters, Mr. Boozman, Mrs. Ernst, and Mrs. Fischer) submitted the following resolution; which was referred to the Committee on the JudiciaryJuly 12, 2018Committee discharged; considered and agreed toRESOLUTIONDesignating July 30, 2018, as National Whistleblower Appreciation Day.

 Whereas, in 1777, before the passage of the Bill of Rights, 10 sailors and marines blew the whistle on fraud and misconduct that was harmful to the United States;
 Whereas the Founding Fathers unanimously supported the whistleblowers in words and deeds, including by releasing government records and providing monetary assistance for the reasonable legal expenses necessary to prevent retaliation against the whistleblowers;
 Whereas, on July 30, 1778, in demonstration of their full support for whistleblowers, the members of the Continental Congress unanimously enacted the first whistleblower legislation in the United States that read: Resolved, That it is the duty of all persons in the service of the United States, as well as all other the inhabitants thereof, to give the earliest information to Congress or other proper authority of any misconduct, frauds or misdemeanors committed by any officers or persons in the service of these states, which may come to their knowledge (legislation of July 30, 1778, reprinted in Journals of the Continental Congress, 1774–1789, ed. Worthington C. Ford et al. (Washington, DC, 1904–37), 11:732);
 Whereas whistleblowers risk their careers, jobs, and reputations by reporting waste, fraud, and abuse to the proper authorities;
 Whereas, in providing the proper authorities with lawful disclosures, whistleblowers save the taxpayers of the United States billions of dollars each year and serve the public interest by ensuring that the United States remains an ethical and safe place; and
 Whereas it is the public policy of the United States to encourage, in accordance with Federal law (including the Constitution of the United States, rules, and regulations) and consistent with the protection of classified information (including sources and methods of detection of classified information), honest and good faith reporting of misconduct, fraud, misdemeanors, and other crimes to the appropriate authority at the earliest time possible: Now, therefore, be it

 That the Senate— (1)designates July 30, 2018, as National Whistleblower Appreciation Day; and
 (2)ensures that the Federal Government implements the intent of the Founding Fathers, as reflected in the legislation enacted on July 30, 1778, by encouraging each executive agency to recognize National Whistleblower Appreciation Day by—
 (A)informing employees, contractors working on behalf of United States taxpayers, and members of the public about the legal right of a United States citizen to blow the whistle to the appropriate authority by honest and good faith reporting of misconduct, fraud, misdemeanors, or other crimes; and
 (B)acknowledging the contributions of whistleblowers to combating waste, fraud, abuse, and violations of laws and regulations of the United States.


113 HR 725 IH: Real Education for Healthy Youth Act of 2013
U.S. House of Representatives
2013-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 725
		IN THE HOUSE OF REPRESENTATIVES

			February 14, 2013
			Ms. Lee of California
			 (for herself, Ms. Moore,
			 Ms. Pingree of Maine,
			 Mr. McDermott,
			 Mrs. Davis of California,
			 Mr. Clay, Ms. Norton, Ms.
			 DeGette, Ms. Slaughter,
			 Mr. Moran,
			 Ms. Wasserman Schultz,
			 Ms. Roybal-Allard,
			 Mr. Grijalva,
			 Ms. Bonamici,
			 Ms. Clarke,
			 Ms. Speier,
			 Mr. Deutch,
			 Mr. Blumenauer,
			 Ms. Lofgren,
			 Mr. Lewis,
			 Ms. Chu, Mr. Rangel, Ms.
			 McCollum, Mr. Honda,
			 Mr. Nadler,
			 Mr. Conyers,
			 Mr. Holt, Ms. Waters, Mr.
			 Hastings of Florida, Ms.
			 Schakowsky, Mr. Larsen of
			 Washington, Mrs.
			 Christensen, and Mr.
			 Sires) introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Education and the
			 Workforce, 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 provide for the reduction of unintended pregnancy and
		  sexually transmitted infections, including HIV, and the promotion of healthy
		  relationships, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Real Education for Healthy Youth Act
			 of 2013.
		2.Purposes; Sense of
			 Congress
			(a)PurposesThe
			 purposes of this Act are—
				(1)to provide young
			 people with comprehensive sex education that—
					(A)provides the
			 information and skills young people need to make informed, responsible, and
			 healthy decisions in order to become sexually healthy adults and have healthy
			 relationships;
					(B)provides
			 information about the prevention of unintended pregnancy, sexually transmitted
			 infections, including HIV, sexual assault, dating violence, bullying, and
			 harassment; and
					(C)promotes and
			 upholds the rights of young people to information in order to make healthy and
			 responsible decisions about their sexual health; and
					(2)in order to
			 provide the comprehensive sex education described in paragraph (1), to provide
			 increased resources for sex education programs that—
					(A)are
			 evidence-based, having been proven through rigorous evaluation to change sexual
			 behavior or incorporate characteristics of effective programs;
					(B)cover a broad
			 range of topics, including medically accurate, complete, age and
			 developmentally appropriate information about all the aspects of sex needed for
			 a complete sex education program, including—
						(i)anatomy and
			 physiology;
						(ii)growth and
			 development;
						(iii)healthy
			 relationships;
						(iv)the
			 prevention of unintended pregnancy and sexually transmitted infections,
			 including HIV, through abstinence and contraception;
						(v)gender, gender
			 identity, and sexual orientation; and
						(vi)protection from
			 dating violence, sexual assault, bullying, and harassment;
						(C)are gender- and
			 gender identity-sensitive, emphasizing the importance of equality and the
			 social environment for achieving sexual and reproductive health and overall
			 well-being;
					(D)promote
			 educational achievement, critical thinking, decisionmaking, self-esteem, and
			 self-efficacy;
					(E)help develop
			 healthy attitudes and insights necessary for understanding relationships
			 between oneself and others and society;
					(F)foster leadership
			 skills and community engagement by—
						(i)promoting
			 principles of fairness, human dignity, and respect; and
						(ii)engaging young
			 people as partners in their communities; and
						(G)are culturally and
			 linguistically appropriate, reflecting the diverse circumstances and realities
			 of young people.
					(b)Sense of
			 CongressIt is the sense of Congress that—
				(1)federally funded
			 sex education programs should aim to—
					(A)reduce unintended
			 pregnancy and sexually transmitted infections, including HIV;
					(B)promote safe and
			 healthy relationships;
					(C)use, and be
			 informed by, the best scientific information available;
					(D)be built on
			 characteristics of effective programs;
					(E)expand the
			 existing body of evidence on comprehensive sex education programs through
			 program evaluation;
					(F)expand training
			 programs for teachers of comprehensive sex education;
					(G)build on the
			 personal responsibility education programs funded under section 513 of the
			 Social Security Act (42 U.S.C. 713) and the President’s Teen Pregnancy
			 Prevention program, funded under title II of the Consolidated Appropriations
			 Act, 2010 (Public Law 111–117; 123 Stat. 3253); and
					(H)promote and uphold
			 the rights of young people to information in order to make healthy and
			 responsible decisions about their sexual health; and
					(2)no Federal funds
			 should be used for health education programs that—
					(A)deliberately
			 withhold life-saving information about HIV;
					(B)are medically
			 inaccurate or have been scientifically shown to be ineffective;
					(C)promote gender
			 stereotypes;
					(D)are insensitive
			 and unresponsive to the needs of sexually active adolescents;
					(E)are insensitive
			 and unresponsive to the needs of lesbian, gay, bisexual, or transgender youth;
			 or
					(F)are inconsistent
			 with the ethical imperatives of medicine and public health.
					3.Grants for
			 comprehensive sex education for adolescents
			(a)Program
			 authorizedThe Secretary, in coordination with the Director of
			 the Office of Adolescent Health, shall award grants, on a competitive basis, to
			 eligible entities to enable such eligible entities to carry out programs that
			 provide adolescents with comprehensive sex education, as described in
			 subsection (f).
			(b)DurationGrants awarded under this section shall be
			 for a period of 5 years.
			(c)Eligible
			 EntityIn this section, the term eligible entity
			 means a public or private entity that focuses on adolescent health or education
			 or has experience working with adolescents, which may include—
				(1)a
			 State educational agency;
				(2)a
			 local educational agency;
				(3)a
			 tribe or tribal organization, as defined in section 4 of the Indian
			 Self-Determination and Education Assistance Act (25 U.S.C. 450b);
				(4)a
			 State or local department of health;
				(5)a State or local
			 department of education;
				(6)a
			 nonprofit organization;
				(7)a
			 nonprofit or public institution of higher education; or
				(8)a
			 hospital.
				(d)ApplicationsAn
			 eligible entity desiring a grant under this section shall submit an application
			 to the Secretary at such time, in such manner, and containing such information
			 as the Secretary may require, including the evaluation plan described in
			 subsection (g)(1).
			(e)PriorityIn
			 awarding grants under this section, the Secretary shall give priority to
			 eligible entities that—
				(1)are State or local
			 public entities, with an additional priority for State or local educational
			 agencies; and
				(2)address health
			 disparities among young people that are at highest risk for not less than 1 of
			 the following:
					(A)Unintended
			 pregnancies.
					(B)Sexually
			 transmitted infections, including HIV.
					(C)Dating violence
			 and sexual assault.
					(f)Use of
			 funds
				(1)In
			 GeneralEach eligible entity that receives a grant under this
			 section shall use grant funds to carry out a program that provides adolescents
			 with comprehensive sex education that—
					(A)replicates
			 evidence-based sex education programs;
					(B)substantially
			 incorporates elements of evidence-based sex education programs; or
					(C)creates a
			 demonstration project based on generally accepted characteristics of effective
			 sex education programs.
					(2)Contents of Sex
			 Education ProgramsThe sex education programs funded under this
			 section shall include curricula and program materials that address—
					(A)abstinence and
			 delaying sexual initiation;
					(B)the health
			 benefits and side effects of all contraceptive and barrier methods as a means
			 to prevent pregnancy and sexually transmitted infections, including HIV;
					(C)healthy
			 relationships, including the development of healthy attitudes and skills
			 necessary for understanding—
						(i)healthy
			 relationships between oneself and family, others, and society; and
						(ii)the
			 prevention of sexual abuse, teen dating violence, bullying, harassment, and
			 suicide;
						(D)healthy life
			 skills including goal-setting, decisionmaking, interpersonal skills (such as
			 communication, assertiveness, and peer refusal skills), critical thinking,
			 self-esteem and self-efficacy, and stress management;
					(E)how to make
			 responsible decisions about sex and sexuality, including—
						(i)how
			 to avoid, and how to avoid making, unwanted verbal, physical, and sexual
			 advances; and
						(ii)how
			 alcohol and drug use can affect responsible decisionmaking;
						(F)the development of
			 healthy attitudes and values about such topics as adolescent growth and
			 development, body image, gender roles and gender identity, racial and ethnic
			 diversity, and sexual orientation; and
					(G)referral services
			 for local health clinics and services where adolescents can obtain additional
			 information and services related to sexual and reproductive health, dating
			 violence and sexual assault, and suicide prevention.
					(g)Evaluation;
			 Report
				(1)Independent
			 EvaluationEach eligible entity applying for a grant under this
			 section shall develop and submit to the Secretary a plan for a rigorous
			 independent evaluation of such grant program. The plan shall describe an
			 independent evaluation that—
					(A)uses sound
			 statistical methods and techniques relating to the behavioral sciences,
			 including random assignment methodologies, whenever possible;
					(B)uses quantitative
			 data for assessments and impact evaluations, whenever possible; and
					(C)is carried out by
			 an entity independent from such eligible entity.
					(2)Selection of
			 evaluated programs; budget
					(A)Selection of
			 Evaluated ProgramsThe Secretary shall select, at random, a
			 subset of the eligible entities that the Secretary has selected to receive a
			 grant under this section to receive additional funding to carry out the
			 evaluation plan described in paragraph (1).
					(B)Budget for
			 Evaluation ActivitiesThe Secretary, in coordination with the
			 Director of the Office of Adolescent Health, shall establish a budget for each
			 eligible entity selected under subparagraph (A) for the costs of carrying out
			 the evaluation plan described in paragraph (1).
					(3)Funds for
			 evaluationThe Secretary shall provide eligible entities who are
			 selected under paragraph (2)(A) with additional funds, in accordance with the
			 budget described in paragraph (2)(B), to carry out and report to the Secretary
			 on the evaluation plan described in paragraph (1).
				(4)Performance
			 MeasuresThe Secretary, in coordination with the Director of the
			 Centers for Disease Control and Prevention, shall establish a common set of
			 performance measures to assess the implementation and impact of grant programs
			 funded under this section. Such performance measures shall include—
					(A)output measures,
			 such as the number of individuals served and the number of hours of service
			 delivery;
					(B)outcome measures,
			 including measures relating to—
						(i)the
			 knowledge that youth participating in the grant program have gained
			 about—
							(I)adolescent growth
			 and development;
							(II)relationship
			 dynamics;
							(III)ways to prevent
			 unintended pregnancy and sexually transmitted infections, including HIV;
			 and
							(IV)sexual
			 health;
							(ii)the
			 skills that adolescents participating in the grant program have gained
			 regarding—
							(I)negotiation and
			 communication;
							(II)decisionmaking
			 and goal-setting;
							(III)interpersonal
			 skills and healthy relationships; and
							(IV)condom use;
			 and
							(iii)the behaviors of
			 adolescents participating in the grant program, including data about—
							(I)age of first
			 intercourse;
							(II)number of sexual
			 partners;
							(III)condom and
			 contraceptive use at first intercourse;
							(IV)recent condom and
			 contraceptive use; and
							(V)dating abuse and
			 lifetime history of domestic violence, sexual assault, dating violence,
			 bullying, harassment, and stalking.
							(5)Report to the
			 SecretaryEligible entities receiving a grant under this section
			 who have been selected to receive funds to carry out the evaluation plan
			 described in paragraph (1), in accordance with paragraph (2)(A), shall collect
			 and report to the Secretary—
					(A)the results of the
			 independent evaluation described in paragraph (1); and
					(B)information about
			 the performance measures described in paragraph (2).
					(6)Effective
			 programsThe Secretary, in coordination with the Director of the
			 Centers for Disease Control and Prevention, shall publish on the website of the
			 Centers for Disease Control and Prevention, a list of programs funded under
			 this section that the Secretary has determined to be effective programs.
				4.Grants for
			 comprehensive sex education at institutions of higher education
			(a)Program
			 authorizedThe Secretary, in coordination with the Office of
			 Adolescent Health and the Secretary of Education, shall award grants, on a
			 competitive basis, to institutions of higher education to enable such
			 institutions to provide young people with comprehensive sex education,
			 described in subsection (e)(2), with an emphasis on reducing HIV, other
			 sexually transmitted infections, and unintended pregnancy through instruction
			 about—
				(1)abstinence and
			 contraception;
				(2)reducing dating
			 violence, sexual assault, bullying, and harassment;
				(3)increasing healthy
			 relationships; and
				(4)academic
			 achievement.
				(b)DurationGrants awarded under this section shall be
			 for a period of 5 years.
			(c)ApplicationsAn
			 institution of higher education desiring a grant under this section shall
			 submit an application to the Secretary at such time, in such manner, and
			 containing such information as the Secretary may require.
			(d)PriorityIn
			 awarding grants under this section, the Secretary shall give priority to an
			 institution of higher education that—
				(1)has an enrollment
			 of needy students as defined in section 318(b) of the Higher Education Act of
			 1965 (20 U.S.C. 1059e(b));
				(2)is a
			 Hispanic-serving institution, as defined in section 502(a) of such Act (20
			 U.S.C. 1101a(a));
				(3)is a Tribal
			 College or University, as defined in section 316(b) of such Act (20 U.S.C.
			 1059c(b));
				(4)is an Alaska
			 Native-serving institution, as defined in section 317(b) of such Act (20 U.S.C.
			 1059d(b));
				(5)is a Native
			 Hawaiian-serving institution, as defined in section 317(b) of such Act (20
			 U.S.C. 1059d(b));
				(6)is a Predominately
			 Black Institution, as defined in section 318(b) of such Act (20 U.S.C.
			 1059e(b));
				(7)is a Native
			 American-serving, nontribal institution, as defined in section 319(b) of such
			 Act (20 U.S.C. 1059f(b));
				(8)is an Asian
			 American and Native American Pacific Islander-serving institution, as defined
			 in section 320(b) of such Act (20 U.S.C. 1059g(b)); or
				(9)is a minority
			 institution, as defined in section 365 of such Act (20 U.S.C. 1067k), with an
			 enrollment of needy students, as defined in section 312 of such Act (20 U.S.C.
			 1058).
				(e)Uses of
			 funds
				(1)In
			 generalAn institution of higher education receiving a grant
			 under this section may use grant funds to integrate issues relating to
			 comprehensive sex education into the academic or support sectors of the
			 institution of higher education in order to reach a large number of students,
			 by carrying out 1 or more of the following activities:
					(A)Developing
			 educational content for issues relating to comprehensive sex education that
			 will be incorporated into first-year orientation or core courses.
					(B)Developing and
			 employing schoolwide educational programming outside of class that delivers
			 elements of comprehensive sex education programs to students, faculty, and
			 staff.
					(C)Creating
			 innovative technology-based approaches to deliver sex education to students,
			 faculty, and staff.
					(D)Developing and
			 employing peer-outreach and education programs to generate discussion, educate,
			 and raise awareness among students about issues relating to comprehensive sex
			 education.
					(2)Contents of sex
			 education programsEach institution of higher education's program
			 of comprehensive sex education funded under this section shall include
			 curricula and program materials that address information about—
					(A)safe and
			 responsible sexual behavior with respect to the prevention of pregnancy and
			 sexually transmitted infections, including HIV, including through—
						(i)abstinence;
						(ii)a
			 reduced number of sexual partners; and
						(iii)the use of
			 condoms and contraception;
						(B)healthy
			 relationships, including the development of healthy attitudes and insights
			 necessary for understanding—
						(i)relationships
			 between oneself, family, partners, others, and society; and
						(ii)the
			 prevention of sexual abuse, dating violence, bullying, harassment, and suicide;
			 and
						(C)referral services
			 to local health clinics where young people can obtain additional information
			 and services related to sexual and reproductive health, dating violence and
			 sexual assault, and suicide prevention.
					(3)Optional
			 components of sex educationEach institution of higher
			 education's program of comprehensive sex education may also include information
			 and skills development relating to—
					(A)how to make
			 responsible decisions about sex and sexuality, including—
						(i)how
			 to avoid, and avoid making, unwanted verbal, physical, and sexual advances;
			 and
						(ii)how
			 alcohol and drug use can affect responsible decisionmaking;
						(B)healthy life
			 skills, including—
						(i)goal-setting and
			 decisionmaking;
						(ii)interpersonal
			 skills, such as communication, assertiveness, and peer refusal skills;
						(iii)critical
			 thinking;
						(iv)self-esteem and
			 self-efficacy; and
						(v)stress
			 management;
						(C)the development of
			 healthy attitudes and values about such topics as body image, gender roles and
			 gender identity, racial and ethnic diversity, and sexual orientation;
			 and
					(D)the
			 responsibilities of parenting and the skills necessary to parent well.
					(f)Evaluation;
			 ReportThe requirements described in section 3(g) shall also
			 apply to eligible entities receiving a grant under this section in the same
			 manner as such requirements apply to eligible entities receiving grants under
			 section 3.
			5.Grants for
			 pre-service and in-service teacher training
			(a)Program
			 authorizedThe Secretary, in coordination with the Director of
			 the Centers for Disease Control and Prevention and the Secretary of Education,
			 shall award grants, on a competitive basis, to eligible entities to enable such
			 eligible entities to carry out the activities described in subsection
			 (e).
			(b)DurationGrants awarded under this section shall be
			 for a period of 5 years.
			(c)Eligible
			 EntityIn this section, the term eligible entity
			 means—
				(1)a
			 State educational agency;
				(2)a
			 local educational agency;
				(3)a
			 tribe or tribal organization, as defined in section 4 of the Indian
			 Self-Determination and Education Assistance Act (25 U.S.C. 450b);
				(4)a
			 State or local department of health;
				(5)a State or local
			 department of education;
				(6)a
			 nonprofit institution of higher education;
				(7)a
			 national or statewide nonprofit organization that has as its primary purpose
			 the improvement of provision of comprehensive sex education through effective
			 teaching of comprehensive sex education; or
				(8)a
			 consortium of nonprofit organizations that has as its primary purpose the
			 improvement of provision of comprehensive sex education through effective
			 teaching of comprehensive sex education.
				(d)ApplicationAn
			 eligible entity desiring a grant under this section shall submit an application
			 to the Secretary at such time, in such manner, and containing such information
			 as the Secretary may require.
			(e)Authorized
			 Activities
				(1)Required
			 ActivityEach eligible entity receiving a grant under this
			 section shall use grant funds to train targeted faculty and staff, in order to
			 increase effective teaching of comprehensive sex education for elementary
			 school and secondary school students.
				(2)Permissible
			 ActivitiesEach eligible entity receiving a grant under this
			 section may use grant funds to—
					(A)strengthen and
			 expand the eligible entity’s relationships with—
						(i)institutions of
			 higher education;
						(ii)State educational
			 agencies;
						(iii)local
			 educational agencies; or
						(iv)other public and
			 private organizations with a commitment to comprehensive sex education and the
			 benefits of comprehensive sex education;
						(B)support and
			 promote research-based training of teachers of comprehensive sex education and
			 related disciplines in elementary schools and secondary schools as a means of
			 broadening student knowledge about issues related to human development,
			 relationships, personal skills, sexual behavior, sexual health, and society and
			 culture;
					(C)support the
			 dissemination of information on effective practices and research findings
			 concerning the teaching of comprehensive sex education;
					(D)support research
			 on—
						(i)effective
			 comprehensive sex education teaching practices; and
						(ii)the
			 development of assessment instruments and strategies to document—
							(I)student
			 understanding of comprehensive sex education; and
							(II)the effects of
			 comprehensive sex education;
							(E)convene national
			 conferences on comprehensive sex education, in order to effectively train
			 teachers in the provision of comprehensive sex education; and
					(F)develop and
			 disseminate appropriate research-based materials to foster comprehensive sex
			 education.
					(3)SubgrantsEach
			 eligible entity receiving a grant under this section may award subgrants to
			 nonprofit organizations, State educational agencies, or local educational
			 agencies to enable such organizations or agencies to—
					(A)train teachers in
			 comprehensive sex education;
					(B)support Internet
			 or distance learning related to comprehensive sex education;
					(C)promote rigorous
			 academic standards and assessment techniques to guide and measure student
			 performance in comprehensive sex education;
					(D)encourage
			 replication of best practices and model programs to promote comprehensive sex
			 education;
					(E)develop and
			 disseminate effective, research-based comprehensive sex education learning
			 materials;
					(F)develop academic
			 courses on the pedagogy of sex education at institutions of higher education;
			 or
					(G)convene
			 State-based conferences to train teachers in comprehensive sex education and to
			 identify strategies for improvement.
					6.Report to
			 Congress
			(a)In
			 generalNot later than 1 year after the date of the enactment of
			 this Act, and annually thereafter for a period of 5 years, the Secretary shall
			 prepare and submit to the appropriate committees of Congress a report on the
			 activities to provide adolescents and young people with comprehensive sex
			 education funded under this Act.
			(b)Report
			 elementsThe report described in subsection (a) shall
			 include—
				(1)a
			 statement of whether the Secretary has met the purposes described in section
			 2(a); and
				(2)information
			 about—
					(A)the number of
			 eligible entities and institutions of higher education that are receiving grant
			 funds under sections 3 and 4 of this Act;
					(B)the specific
			 activities supported by grant funds awarded under sections 3 and 4 of this
			 Act;
					(C)the number of
			 adolescents served by grant programs funded under section 3;
					(D)the number of
			 young people served by grant programs funded under section 4; and
					(E)the status of
			 program evaluations described under sections 3 and 4 of this Act.
					7.NondiscriminationPrograms funded under this Act shall not
			 discriminate on the basis of actual or perceived sex, race, color, ethnicity,
			 national origin, disability, sexual orientation, gender identity, or religion.
			 Nothing in this Act shall be construed to invalidate or limit rights, remedies,
			 procedures, or legal standards available to victims of discrimination under any
			 other Federal law or any law of a State or a political subdivision of a State,
			 including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
			 title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section
			 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with
			 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), and section 1557 of the
			 Patient Protection and Affordable Care Act (42 U.S.C. 18116).
		8.LimitationNo Federal funds provided under this Act may
			 be used for health education programs that—
			(1)deliberately withhold life-saving
			 information about HIV;
			(2)are medically inaccurate or have been
			 scientifically shown to be ineffective;
			(3)promote gender stereotypes;
			(4)are insensitive and unresponsive to the
			 needs of sexually active youth or lesbian, gay, bisexual, or transgender youth;
			 or
			(5)are inconsistent with the ethical
			 imperatives of medicine and public health.
			9.Amendments to
			 other laws
			(a)Amendment to the
			 Public Health Service ActSection 2500 of the Public Health Service
			 Act (42 U.S.C. 300ee) is amended by striking subsections (b) through (d) and
			 inserting the following:

					(b)Contents of
				programsAll programs of education and information receiving
				funds under this title shall include information about the harmful effects of
				intravenous substance abuse and unsafe sexual activity, and the benefits of
				abstaining from such
				activities.
					.
			(b)Amendments to
			 the Elementary and Secondary Education Act of 1965Section
			 9526(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 7906(a)) is amended—
				(1)in paragraph (2), by inserting
			 or after the semicolon;
				(2)in paragraph (3), by striking ;
			 or and inserting a period; and
				(3)by striking
			 paragraph (4).
				10.DefinitionsIn this Act:
			(1)ESEA
			 DefinitionsThe terms elementary school,
			 local educational agency, secondary school, and
			 State educational agency have the meanings given the terms in
			 section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 7801).
			(2)Age and
			 developmentally appropriateThe term age and
			 developmentally appropriate means suitable for a particular age or age
			 group of children and adolescents, based on developing cognitive, emotional,
			 and behavioral capacity typical for that age or age group.
			(3)AdolescentsThe
			 term adolescents means individuals who are ages 10 through 19 at
			 the time of commencement of participation in a program supported under this
			 Act.
			(4)Characteristics
			 of effective programsThe term characteristics of
			 effective programs means the aspects of evidence-based programs,
			 including development, content, and implementation of such programs,
			 that—
				(A)have been shown to
			 be effective in terms of increasing knowledge, clarifying values and attitudes,
			 increasing skills, and impacting upon behavior; and
				(B)are widely
			 recognized by leading medical and public health agencies to be effective in
			 changing sexual behaviors that lead to sexually transmitted infections,
			 including HIV, unintended pregnancy, and dating violence and sexual assault
			 among young people.
				(5)Comprehensive
			 sex educationThe term comprehensive sex education
			 means a program that—
				(A)includes age- and
			 developmentally appropriate, culturally and linguistically relevant information
			 on a broad set of topics related to sexuality including human development,
			 relationships, decisionmaking, communication, abstinence, contraception, and
			 disease and pregnancy prevention;
				(B)provides students
			 with opportunities for developing skills as well as learning
			 information;
				(C)is inclusive of
			 lesbian, gay, bisexual, transgender, and heterosexual young people; and
				(D)aims to—
					(i)provide
			 scientifically accurate and realistic information about human sexuality;
					(ii)provide
			 opportunities for individuals to understand their own, their families’, and
			 their communities’ values, attitudes, and insights about sexuality;
					(iii)help individuals
			 develop healthy relationships and interpersonal skills; and
					(iv)help individuals
			 exercise responsibility regarding sexual relationships, which includes
			 addressing abstinence, pressures to become prematurely involved in sexual
			 intercourse, and the use of contraception and other sexual health
			 measures.
					(6)Evidence-based
			 programThe term evidence-based program means a
			 sex education program that has been proven through rigorous evaluation to be
			 effective in changing sexual behavior or incorporates elements of other sex
			 education programs that have been proven to be effective in changing sexual
			 behavior.
			(7)Institution of
			 higher educationThe term institution of higher
			 education has the meaning given the term in section 101 of the Higher
			 Education Act of 1965 (20 U.S.C. 1001).
			(8)Medically
			 accurate and completeThe term medically accurate and
			 complete, when used with respect to a sex education program, means
			 that—
				(A)the information
			 provided through the program is verified or supported by the weight of research
			 conducted in compliance with accepted scientific methods and is published in
			 peer-reviewed journals, where applicable; or
				(B)(i)the program contains
			 information that leading professional organizations and agencies with relevant
			 expertise in the field recognize as accurate, objective, and complete;
			 and
					(ii)the program does not withhold
			 information about the effectiveness and benefits of correct and consistent use
			 of condoms and other contraceptives.
					(9)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
			(10)Young
			 peopleThe term young people means individuals who
			 are ages 10 through 24 at the time of commencement of participation in a
			 program supported under this Act.
			11.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to carry out this Act such sums as may be
			 necessary.