Jump to content
TedderVision

Chris

Member - VIP
  • Content Count

    366
  • Joined

  • Last visited

  • Days Won

    4

Everything posted by Chris

  1. Mr. President, Point of Order: The motion to table was not calculated. Can the chair provide an update on the final results? I yield
  2. Sen. Berryhill of New York, for himself, offers A BILL To establish a baseline minimum for sick days. This bill may be cited as the National Sick Day Law. Section 1 Sick Hours 1) All employers, regardless of industry, shall grant 1 hour of paid time off per 30 hours worked. 2) The 1 hour acquired shall be known as sick time off (STO). 3) STO shall be in addition to employers established time off policies and shall not be in lieu of said policy. Section 2. Enactment 1) This law shall be enacted upon passage.
  3. To provide paid family and medical leave benefits to certain individuals, and for other purposes. IN THE SENATE Sen. Berryhill, for himself, with a special thanks to Ms. DeLauro (for herself, Ms. Hanabusa, Ms. Bonamici, Mr. Smith of Washington, Mr. Gene Green of Texas, Mr. Raskin, Mr. Rush, Ms. Jayapal, Mrs. Lowey, Mr. Evans, Mr. Kihuen, Mr.McGovern, Mr. Soto, Ms. Moore, Ms. Shea-Porter, Ms. Velázquez, Ms. Jackson Lee, Mr. Sean Patrick Maloney of New York, Mr. Danny K. Davis of Illinois, Mr. Pocan, Mr.Foster, Mr. Hastings, Mr. Cummings, Mr. Nolan, Ms. Meng, Ms. Pingree, Mr. Lewis of Georgia, Mr. Khanna, Mr. Walz, Mr. Polis, Mr. Vargas, Ms. Lee, Mr. Cárdenas, Mr.Johnson of Georgia, Mr. Gallego, Mr. Veasey, Mr. Crowley, Mr. Grijalva, Mr. Keating, Mr. Meeks, Mr. Swalwell of California, Mr. DeFazio, Mr. Butterfield, Mr. Lynch, Mr.Serrano, Mr. Gutiérrez, Ms. Slaughter, Mr. Bera, Ms. Gabbard, Ms. Matsui, Mr. Nadler, Ms. Wasserman Schultz, Mr. Doggett, Mr. Moulton, Miss Rice of New York, Mrs.Napolitano, Mr. Ryan of Ohio, Mr. Lowenthal, Ms. Norton, Ms. Michelle Lujan Grisham of New Mexico, Ms. Schakowsky, Mr. Sarbanes, Mr. David Scott of Georgia, Mr.Ellison, Mr. Aguilar, Mr. Kildee, Mr. Garamendi, Mr. Larsen of Washington, Ms. Kelly of Illinois, Mr. Carson of Indiana, Ms. Speier, Mr. Cicilline, Mr. Blumenauer, Mr. Beyer, Mr. Engel, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Capuano, Mr. Pascrell, Ms. McCollum, Mr. Brendan F. Boyle of Pennsylvania, Mr. Connolly, Mr.Langevin, Mr. Delaney, Mrs. Watson Coleman, Mr. Norcross, Mr. Cohen, Mr. Price of North Carolina, Mrs. Dingell, Mr. Tonko, Mr. Scott of Virginia, Ms. Kaptur, Mr. Takano, Mr. Courtney, Ms. Judy Chu of California, Mrs. Lawrence, Mrs. Torres, Ms. Lofgren, Mr. Payne, Ms. Castor of Florida, Mr. Jeffries, Mr. Perlmutter, Mr. Larson of Connecticut, Mrs. Carolyn B. Maloney of New York, Ms. Roybal-Allard, Mr. Thompson of California, Ms. Fudge, Mr. Krishnamoorthi, Ms. Adams, Mr. Huffman, Ms. Wilson of Florida, Mr.Higgins of New York, and Ms. Blunt Rochester) introduced the following bill A BILL To provide paid family and medical leave benefits to certain individuals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Family and Medical Insurance Leave Act” or the “FAMILY Act”. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.—Congress finds the following: (1) In more than two-thirds of families with children, all adults in the household work. Six in 10 family caregivers report working at jobs unrelated to their care responsibilities and more than half report working full time. Without paid family and medical leave, many workers are unable to take time away from work to care for newborn children, ill or aging parents and relatives, or themselves. (2) Both women and men need to be able to take time off work to participate in the care of their children, in the care of seriously ill family members, and to address their own serious health conditions. Yet, a mere 14 percent of workers in the United States have access to paid family leave through their employers, and fewer than 40 percent have access to short-term disability insurance provided by their employer to use for their own illnesses. (3) Many workers cannot afford to take unpaid time off work to provide care. According to the Department of Labor, nearly half of workers who qualified for leaveunder the Family and Medical Leave Act of 1993 (FMLA) in 2011 were unable to take the leave because they could not afford to take time off without pay. Six in 10 workers who took partially paid or unpaid leave reported difficulty making ends meet; half of these workers were forced to cut their leaves short due to financial constraints. (4) Only 14 percent of all workers had access to paid family leave in 2016 and it was available to only 4 percent of people working in the lowest paying jobs. Workers who lack paid family and medical leave face lost wages or even job loss when they miss work because of their own illness or to care for an ill child or parent. In this way, access to paid family and medical leave plays a critical role in families’ efforts to maintain employment and economic security. (5) Caregiving has a high value but also comes at a high cost for family caregivers. Working families in the United States lose an estimated $20.6 billion in wages each year due to lack of access to paid family and medical leave. (6) The estimated value of unpaid family care provided in 2013 was $470 billion. Family caregivers face financial, physical and emotional hardships, and in many cases their careers, incomes, and retirement security suffer because of their family responsibilities. (7) The average worker age 50 and older who leaves the workforce to care for an elderly parent loses more than $300,000 in earnings and retirement income. Working caregivers should not have to risk their family’s economic security to fulfill their caregiving obligations. (8) The population aged 65 and older is expected to double over the next few decades. The number of people with chronic conditions is expected to reach nearly 160 million by 2020. Many of these individuals will at some point require family care, and for older workers still in the workforce, many will need time off at some point to address serious health conditions. (9) Ensuring working family caregivers have paid family leave to care for ailing elders could drive down Medicare costs by decreasing recurrences of ailments and re-admittance into hospitals. (10) Many workers are forced to quickly return to work after the birth or arrival of a child because they have no access to paid family and medical leave. Only half of new mothers take paid leave of any duration after the birth of their first child, and among women with less than a high school education the figure is less than 20 percent—a rate that has not changed in half a century. (11) When new mothers have no choice but to return to work without taking leave, children can experience a variety of negative outcomes including higher rates of infant mortality, lower rates of breastfeeding, lower rates of immunization, and a higher incidence of maternal physical and mental health concerns. California’s paid familyleave insurance program, which has been in effect since 2004, has increased the number of weeks of leave that women take after childbirth, with larger effects among women in jobs that do not provide paid leave. (12) A nationwide paid family and medical leave program would address the persistent sex discrimination in the utilization of leave benefits and reduce the disparity between women and men regarding who takes time off from work to fulfill caregiving duties. This disparity is driven in part by the fact that men continue to be paid more than women, and, as a result, it often makes more economic sense for women in two-parent families to take unpaid leave and forgo their lower salary. (13) Many men would like to be more involved in caregiving and report greater work-family conflict than ever before. In California, men’s use of the State’s paidfamily leave insurance program to care for a new child has more than doubled since the program’s implementation. And in Rhode Island, the most recent State to implement a State paid leave program, men took leave at higher rates in the program’s first year than other State programs’ first year. (14) High-profile companies are increasingly recognizing the importance of providing paid leave to their workers, regardless of gender, and updating their leavepolicies to reflect the reality that both men and women need paid leave. (15) Paid family and medical leave promotes families’ financial security and independence, increases worker retention, and promotes savings for taxpayers. Women who take paid leave after a child’s birth are more likely to be in the labor force in the 9 to 12 months after a child’s birth and to earn higher wages in the year following their child’s birth. Both men and women who take paid leave after a child’s birth are less likely to receive food stamps and public assistance in the year following a child’s birth. (16) Without paid medical leave, workers who are ill or injured may return to work before being fully recovered, thus making them susceptible to a relapse or recurrence, and potentially placing additional burdens on the health care system. When a job requires physical stamina or ability, individuals who return to work too early may put themselves or others in jeopardy. (17) A social insurance model of providing paid family leave pioneered by the States of California, New Jersey, and Rhode Island has worked well for workers, their families, and employers. The overwhelming majority of employers in California report that the State’s program had a positive or neutral effect on their business. When workers can care for themselves and their loved ones, employers experience positive impacts. (18) According to the Department of Labor’s 2012 survey on the FMLA, more than four times as many worksites covered by the FMLA reported positive effects on employee productivity, absenteeism, turnover, career advancement and morale, as well as the business’ profitability, as reported negative effects. (19) Californians have filed more than 2.1 million claims to leave to care for a family member or bond with a new child over more than a decade. In New Jersey, more than 217,000 claims have been filed over the more than 6 years of the program’s existence, and in Rhode Island, nearly 13,000 claims were filed in the programs first two years. These claims represent valuable care for new children and seriously ill loved ones. (20) Social Security is the Nation’s primary social insurance system, with the most complete record of workers’ earnings history. It provides retirement assistance and disability benefits currently and, since its creation in 1934, the programs the Social Security Administration administers have been updated multiple times to reflect the changing needs of the population, families and the workforce. The system needs to be changed again now—with appropriate investments to meet the agency’s needs—to reflect today’s realities. (21) Researchers at Brandeis University estimate that, following the enactment of this Act, the share of families falling into financial hardship (earnings below 200 percent of the Federal poverty line) as a result of taking 12 weeks of unpaid leave would be reduced by more than three-fourths. (b) Purpose.—It is the purpose of this Act— (1) to help working families, including single working parents and dual-earner families, afford to take time away from work to provide care for a family member and be good workers; (2) to provide workers with a reasonable level of wage replacement during time away from work for a serious health condition, for the birth or adoption of a child, for the care of a child, spouse, or parent who has a serious health condition, for the care of an injured service member, or for qualifying exigencies arising from the deployment of a service member; (3) to address sex discrimination, promote the goal of equal employment opportunity for women and men, and to provide relief when employers violate the law; and (4) to accomplish the purposes described in paragraphs (1), (2), and (3) in a manner that accommodates the legitimate interests of employers. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) CAREGIVING DAY.—The term “caregiving day” means, with respect to an individual, a calendar day in which the individual engaged in qualified caregiving. (2) COMMISSIONER.—The term “Commissioner” means the Commissioner of Social Security. (3) DEPUTY COMMISSIONER.—The term “Deputy Commissioner” means the Deputy Commissioner who heads the Office of Paid Family and Medical Leaveestablished under section 4(a). (4) ELIGIBLE INDIVIDUAL.—The term “eligible individual” means an individual who is entitled to a benefit under section 5 for a particular month, upon filing an application for such benefit for such month. (5) INITIAL WAITING PERIOD.—The term “initial waiting period” means a period beginning with the first caregiving day of an individual occurring during the individual’s benefit period and ending after the earlier of— (A) the fifth caregiving day of the individual occurring during the benefit period; or (B) the month preceding the first month in the benefit period during which occur not less than 15 caregiving days of the individual. (6) QUALIFIED CAREGIVING.—The term “qualified caregiving” means any activity engaged in by an individual, other than regular employment, for a reason for which an eligible employee would be entitled to leave under subparagraphs (A) through (E) of paragraph (1) of section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)). (7) SELF-EMPLOYMENT INCOME.—The term “self-employment income” has the same meaning as such term in section 211(b) of such Act (42 U.S.C. 411(b)). (8) STATE.—The term “State” means any State of the United States or the District of Columbia or any territory or possession of the United States. (9) WAGES.—The term “wages”, except as such term is used in subsection (h)(2) of section 5, has the same meaning as such term in section 209 of the Social Security Act (42 U.S.C. 409). (10) 60-DAY LIMITATION PERIOD.—The term “60-day limitation period” means a period— (A) beginning with the first caregiving day of an individual occurring during the individual’s benefit period and after the expiration of the individual’s 5-day waiting period, if applicable; and (B) ending with the 60th caregiving day of the individual occurring during the benefit period and after the expiration of the 5-day waiting period, disregarding any caregiving day of the individual occurring during any month in the benefit period after the first 20 caregiving days of the individual occurring during such month. SEC. 4. OFFICE OF PAID FAMILY AND MEDICAL LEAVE. (a) Establishment Of Office.—There is established within the Social Security Administration an office to be known as the Office of Paid Family and Medical Leave. The Office shall be headed by a Deputy Commissioner who shall be appointed by the Commissioner. (b) Responsibilities Of Deputy Commissioner.—The Commissioner, acting through the Deputy Commissioner, shall be responsible for— (1) hiring personnel and making employment decisions with regard to such personnel; (2) issuing such regulations as may be necessary to carry out the purposes of this Act; (3) entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of the program; (4) determining eligibility for family and medical leave insurance benefits under section 5; (5) determining benefit amounts for each month of such eligibility and making timely payments of such benefits to entitled individuals in accordance with such section; (6) establishing and maintaining a system of records relating to the administration of such section; (7) preventing fraud and abuse relating to such benefits; (8) providing information on request regarding eligibility requirements, the claims process, benefit amounts, maximum benefits payable, notice requirements, nondiscrimination rights, confidentiality, coordination of leave under this Act and other laws, collective bargaining agreements, and employer policies; (9) annually providing employers a notice informing employees of the availability of such benefits; (10) annually making available to the public a report that includes the number of individuals who received such benefits, the purposes for which such benefits were received, and an analysis of utilization rates of such benefits by gender, race, ethnicity, and income levels; and (11) tailoring culturally and linguistically competent education and outreach toward increasing utilization rates of benefits under such section. (c) Availability Of Data.—The Commissioner shall make available to the Deputy Commissioner such data as the Commissioner determines necessary to enable the Deputy Commissioner to effectively carry out the responsibilities described in subsection (b). SEC. 5. FAMILY AND MEDICAL LEAVE INSURANCE BENEFIT PAYMENTS. (a) In General.—Every individual who— (1) is insured for disability insurance benefits (as determined under section 223(c) of the Social Security Act (42 U.S.C. 423(c))) at the time such individual’s application is filed; (2) has earned income from employment during the 12 months prior to the month in which the application is filed; (3) has filed an application for a family and medical leave insurance benefit in accordance with subsection (d); and (4) was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which such application is filed or within 30 days after such date, shall be entitled to such a benefit for each month in the benefit period specified in subsection (c), not to exceed 60 caregiving days per benefit period. (b) Benefit Amount.— (1) IN GENERAL.—Except as otherwise provided in this subsection, the benefit amount to which an individual is entitled under this section for a month shall be an amount equal to the greater of— (A) the lesser of 1⁄18 of the wages and self-employment income of the individual for the calendar year in which such wages and self-employment income are the highest among the most recent three calendar years, or the maximum benefit amount determined under paragraph (2); or (B) the minimum benefit amount determined under paragraph (2), multiplied by the quotient (not greater than 1) obtained by dividing the number of caregiving days of the individual in such month by 20. (2) ANNUAL INCREASE OF MAXIMUM AND MINIMUM BENEFIT AMOUNTS.— (A) For individuals who initially become eligible for family and medical leave insurance benefits in the first full calendar year after the date of enactment of this Act, the maximum monthly benefit amount and the minimum monthly benefit amount shall be $4,000 and $580, respectively. (B) For individuals who initially become eligible for family and medical leave insurance benefits in any calendar year after such first full calendar year the maximum benefit amount and the minimum benefit amount shall be, respectively, the product of the corresponding amount determined with respect to the first calendar year under subparagraph (A) and the quotient obtained by dividing— (i) the national average wage index (as defined in section 209(k)(1) of the Social Security Act (42 U.S.C. 409(k)(1))) for the second calendar year preceding the first calendar year for which the determination is made, by (ii) the national average wage index (as so defined) for 2017. (3) LIMITATIONS ON BENEFITS PAID.— (A) NONPAYABLE WAITING PERIOD.—Any calendar day during an individual’s benefit period which occurs before the expiration of an initial waiting period shall not be taken into account under this subsection as a caregiving day of the individual. (B) LIMITATION ON TOTAL BENEFITS PAID.—Any calendar day during an individual’s benefit period which occurs after the expiration of a 60-day limitation period shall not be taken into account under this subsection as a caregiving day of the individual. (4) REDUCTION IN BENEFIT AMOUNT ON ACCOUNT OF RECEIPT OF CERTAIN BENEFITS.—A benefit under this section for a month shall be reduced by the amount, if any, in certain benefits (as determined under regulations issued by the Commissioner) as may be otherwise received by an individual. For purposes of the preceding sentence, certain benefits include— (A) periodic benefits on account of such individual’s total or partial disability under a workmen’s compensation law or plan of the United States or a State; and (B) periodic benefits on account of an individual’s employment status under an unemployment law or plan of the United States or a State. (5) COORDINATION OF BENEFIT AMOUNT WITH CERTAIN STATE BENEFITS.—A benefit received under this section shall be coordinated, in a manner determined by regulations issued by the Commissioner, with the periodic benefits received from temporary disability insurance or family leave insurance programs under any law or plan of a State, a political subdivision (as that term is used in section 218(b)(2) of the Social Security Act (42 U.S.C. 418(b)(2))), or an instrumentality of two or more States (as that term is used in section 218(g) of such Act of the Social Security Act (42 U.S.C. 418(g))). (c) Benefit Period.— (1) IN GENERAL.—Except as provided in paragraph (2), the benefit period specified in this subsection shall begin on the 1st day of the 1st month in which the individual meets the criteria specified in paragraphs (1), (2), and (3) of subsection (a), and shall end on the date that is 365 days after the 1st day of the benefit period. (2) RETROACTIVE BENEFITS.—In the case of an application for benefits under this section for qualified caregiving in which the individual was engaged at any time during the 90-day period preceding the date on which such application is submitted, the benefit period specified in this subsection shall begin on the later of— (A) the 1st day of the 1st month in which the individual engaged in such qualified caregiving; or (B) the 1st day of the 1st month that begins during such 90-day period, and shall end on the date that is 365 days after the 1st day of the benefit period. (d) Application.—An application for a family and medical leave insurance benefit shall include— (1) a statement that the individual was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which the application is submitted or within 30 days after such date; (2) if the qualified caregiving described in the statement in paragraph (1) is engaged in by the individual because of a serious health condition of the individual or a relative of the individual, a certification, issued by the health care provider treating such serious health condition, that affirms the information specified in paragraph (1) and contains such information as the Commissioner shall specify in regulations, which shall be no more than the information that is required to be stated under section 103(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613(b)); (3) if such qualified caregiving is engaged in by the individual for any other authorized reason, a certification, issued by a relevant authority determined under regulations issued by the Commissioner, that affirms the circumstances giving rise to such reason; and (4) an attestation from the applicant that his or her employer has been provided with written notice of the individual’s intention to take family or medical leave, if the individual has an employer, or to the Commissioner in all other cases. (e) Ineligibility; Disqualification.— (1) INELIGIBILITY FOR BENEFIT.—An individual shall be ineligible for a benefit under this section for any month for which the individual is entitled to— (A) disability insurance benefits under section 223 of the Social Security Act (42 U.S.C. 423) or a similar permanent disability program under any law or plan of a State or political subdivision or instrumentality of a State (as such terms are used in section 218 of the Social Security Act (42 U.S.C. 418)); (B) monthly insurance benefits under section 202 of such Act (42 U.S.C. 402) based on such individual's disability (as defined in section 223(d) of such Act (42 U.S.C. 423(d))); or (C) benefits under title XVI of such Act (42 U.S.C. 1381 et seq.) based on such individual’s status as a disabled individual (as determined under section 1614 of such Act (42 U.S.C. 1382c)). (2) DISQUALIFICATION.—An individual who has been convicted of a violation under section 208 of the Social Security Act (42 U.S.C. 408) or who has been found to have used false statement to secure benefits under this section, shall be ineligible for benefits under this section for a 1-year period following the date of such conviction. (f) Review Of Eligibility And Benefit Payment Determinations.— (1) ELIGIBILITY DETERMINATIONS.— (A) IN GENERAL.—The Commissioner shall provide notice to an individual applying for benefits under this section of the initial determination of eligibility for such benefits, and the estimated benefit amount for a month in which one caregiving day of the individual occurs, as soon as practicable after the application is received. (B) REVIEW.—An individual may request review of an initial adverse determination with respect to such application at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. As soon as practicable after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of eligibility for benefits under this section. (2) BENEFIT PAYMENT DETERMINATIONS.— (A) IN GENERAL.—The Commissioner shall make any monthly benefit payment to an individual claiming benefits for a month under this section, or provide notice of the reason such payment will not be made if the Commissioner determines that the individual is not entitled to payment for such month, not later than 20 days after the individual’s monthly benefit claim report for such month is received. Such monthly report shall be filed with the Commissioner not later than 15 days after the end of each month. (B) REVIEW.—If the Commissioner determines that payment will not be made to an individual for a month, or if the Commissioner determines that payment shall be made based on a number of caregiving days in the month inconsistent with the number of caregiving days in the monthly benefit claim report of the individual for such month, the individual may request review of such determination at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. Not later than 20 days after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of payment for such month, and shall make payment to the individual of any additional amount not included in the initial payment to the individual for such month to which the Commissioner determines the individual is entitled. (3) BURDEN OF PROOF.—An application for benefits under this section and a monthly benefit claim report of an individual shall each be presumed to be true and accurate, unless the Commissioner demonstrates by a preponderance of the evidence that information contained in the application is false. (4) DEFINITION OF MONTHLY BENEFIT CLAIM REPORT.—For purposes of this subsection, the term “monthly benefit claim report” means, with respect to an individual for a month, the individual’s report to the Commissioner of the number of caregiving days of the individual in such month, which shall be filed no later than 15 days after the end of each month. (5) REVIEW.—All final determinations of the Commissioner under this subsection shall be reviewable according to the procedures set out in section 205 of the Social Security Act (42 U.S.C. 405). (g) Relationship With State Law; Employer Benefits.— (1) IN GENERAL.—This section does not preempt or supercede any provision of State or local law that authorizes a State or local municipality to provide paid familyand medical leave benefits similar to the benefits provided under this section. (2) GREATER BENEFITS ALLOWED.—Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this Act. (h) Prohibited Acts; Enforcement.— (1) IN GENERAL.—It shall be unlawful for any person to discharge or in any other manner discriminate against an individual because the individual has applied for, indicated an intent to apply for, or received family and medical leave insurance benefits. (2) CIVIL ACTION BY AN INDIVIDUAL.— (A) LIABILITY.—Any person who violates paragraph (1) shall be liable to any individual employed by such person who is affected by the violation— (i) for damages equal to the sum of— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation, such as the cost of providing care, up to a sum equal to 60 calendar days of wages or salary for the individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages equal to the sum of the amount described in subclause (I) and the interest described in subclause (II), except that if a person who has violated paragraph (1) proves to the satisfaction of the court that the act or omission which violated paragraph (1) was in good faith and that the person had reasonable grounds for believing that the act or omission was not a violation of paragraph (1), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses (I) and (II), respectively; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) RIGHT OF ACTION.—An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any person in any Federal or State court of competent jurisdiction by any individual for and on behalf of— (i) the individual; or (ii) the individual and other individuals similarly situated. (C) FEES AND COSTS.—The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (D) LIMITATIONS.—The right provided by subparagraph (B) to bring an action by or on behalf of any individual shall terminate— (i) on the filing of a complaint by the Commissioner in an action under paragraph (5) in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(I) to such individual by the person responsible under subparagraph (A) for the payment; or (ii) on the filing of a complaint by the Commissioner in an action under paragraph (3) in which a recovery is sought of the damages described in subparagraph (A)(I) owing to an individual by a person liable under subparagraph (A), unless the action described in clause (I) or (ii) is dismissed without prejudice on motion of the Commissioner. (3) ACTION BY THE COMMISSIONER.— (A) CIVIL ACTION.—The Commissioner may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (2)(A)(I). (B) SUMS RECOVERED.—Any sums recovered by the Commissioner pursuant to subparagraph (A) shall be held in a special deposit account and shall be paid, on order of the Commissioner, directly to each individual affected. Any such sums not paid to an individual because of inability to do so within a period of 3 years shall be deposited into the Federal Family and Medical Leave Insurance Trust Fund. (4) LIMITATION.— (A) IN GENERAL.—An action may be brought under this subsection not later than 3 years after the date of the last event constituting the alleged violation for which the action is brought. (B) COMMENCEMENT.—An action brought by the Commissioner under this subsection shall be considered to be commenced on the date when the complaint is filed. (5) ACTION FOR INJUNCTION BY COMMISSIONER.—The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Commissioner— (A) to restrain violations of paragraph (1), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to an individual; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (i) Special Rule For Railroad Employees.—For purposes of subsection (a)(1), an individual shall be deemed to be insured for disability insurance benefits if the individual would be so insured if the individual’s service as an employee (as defined in the section 1(b) of the Railroad Retirement Act of 1974) after December 31, 1936, were included within the meaning of the term “employment” for purposes of title II of the Social Security Act (42 U.S.C. 401 et seq.). (j) Determination Of Whether An Activity Constitutes Qualified Caregiving.— (1) IN GENERAL.—For purposes of determining whether an activity engaged in by an individual constitutes qualified caregiving under this section— (A) the term “spouse” (as used in section 102(a) of the Family and Medical Leave Act (29 U.S.C. 2612(a))) includes the individual’s domestic partner; and (B) the term “son or daughter” (as used in such section) includes a son or daughter (as defined in section 101 of such Act) of the individual’s domestic partner. (2) DOMESTIC PARTNER.— (A) IN GENERAL.—For purposes of paragraph (1), the term “domestic partner”, with respect to an individual, means another individual with whom the individual is in a committed relationship. (B) COMMITTED RELATIONSHIP DEFINED.—The term “committed relationship” means a relationship between two individuals (each at least 18 years of age) in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between two individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (k) Applicability Of Certain Social Security Act Provisions.—The provisions of sections 204, 205, 206, and 208 of the Social Security Act shall apply to benefit payments authorized by and paid out pursuant to this section in the same way that such provisions apply to benefit payments authorized by and paid out pursuant to title II of such Act. (l) Effective Date For Applications.—Applications described in this section may be filed beginning 18 months after the date of enactment of this Act. SEC. 6. ESTABLISHMENT OF FAMILY AND MEDICAL LEAVE INSURANCE TRUST FUND. (a) In General.—There is hereby created on the books of the Treasury of the United States a trust fund to be known as the “Federal Family and Medical Leave Insurance Trust Fund”. The Federal Family and Medical Leave Insurance Trust Fund shall consist of such gifts and bequests as may be made as provided in section 201(i)(1) of the Social Security Act (42 U.S.C. 401(i)(1)) and such amounts as may be appropriated to, or deposited in, the Federal Family and Medical Leave Insurance Trust Fund as provided in this section. (b) Authorization Of Appropriations.— (1) IN GENERAL.—There is authorized to be appropriated to the Federal Family and Medical Leave Insurance Trust Fund out of moneys in the Treasury not otherwise appropriated— (A) for the first three fiscal years beginning after the date of enactment of this Act, such sums as may be necessary for the Commissioner to administer the office established under section 4 and pay the benefits under section 5; (B) 100 percent of the taxes imposed by sections 3101(c) and 3111(c) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such wages; (C) 100 percent of the taxes imposed by section 1401(c) of such Code with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section to such self-employment income; and (D) 100 percent of the taxes imposed by sections 3201(c), 3211(c), and 3221(c) of such Code with respect to compensation (as defined in section 3231 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such compensation. (2) REPAYMENT OF INITIAL APPROPRIATION.—Amounts appropriated pursuant to subparagraph (A) of paragraph (1) shall be repaid to the Treasury of the United States not later than 10 years after the first appropriation is made pursuant to such subparagraph. (3) TRANSFER TO TRUST FUND.—The amounts described in paragraph (2) shall be transferred from time to time from the general fund in the Treasury to the Federal Family and Medical Leave Insurance Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in such paragraph, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were inconsistent with the taxes specified in such paragraph. (c) Management Of Trust Fund.—The provisions of subsections (c), (d), (e), (f), (i), and (m) of section 201 of the Social Security Act (42 U.S.C. 401) shall apply with respect to the Federal Family and Medical Leave Insurance Trust Fund in the same manner as such provisions apply to the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund. (d) Benefits Paid From Trust Fund.—Benefit payments required to be made under section 5 shall be made only from the Federal Family and Medical LeaveInsurance Trust Fund. (e) Administration.—There are authorized to be made available for expenditure, out of the Federal Family and Medical Leave Insurance Trust Fund, such sums as may be necessary to pay the costs of the administration of section 5, including start-up costs, technical assistance, outreach, education, evaluation, and reporting. (f) Prohibition.—No funds from the Social Security Trust Fund or appropriated to the Social Security Administration to administer Social Security programs may be used for Federal Family and Medical Leave Insurance benefits or administration set forth under this Act. SEC. 7. INTERNAL REVENUE CODE PROVISIONS. (a) In General.— (1) EMPLOYEE CONTRIBUTION.—Section 3101 of the Internal Revenue Code of 1986 is amended— (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following: “(c) Family And Medical Leave Insurance.— “(1) IN GENERAL.—In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the applicable percentage of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)). “(2) APPLICABLE PERCENTAGE.—For purposes of paragraph (1), the term ‘applicable percentage’ means 0.2 percent in the case of wages received in any calendar year.”. (2) EMPLOYER CONTRIBUTION.—Section 3111 of such Code is amended— (A) by redesignating subsections (c), (d) and (e) as subsections (d), (e), and (f) respectively, and (B) by inserting after subsection (b) the following: “(c) Family And Medical Leave Insurance.— “(1) IN GENERAL.—In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). “(2) APPLICABLE PERCENTAGE.—For purposes of paragraph (1), the term ‘applicable percentage’ means 0.2 percent in the case of wages paid in any calendar year.”. (3) SELF-EMPLOYMENT INCOME CONTRIBUTION.— (A) IN GENERAL.—Section 1401 of such Code is amended— (i) by redesignating subsection (c) as subsection (d), and (ii) by inserting after subsection (b) the following: “(c) Family And Medical Leave Insurance.— “(1) IN GENERAL.—In addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. “(2) APPLICABLE PERCENTAGE.—For purposes of paragraph (1), the term ‘applicable percentage’ means 0.4 percent in the case of self-employment income in any taxable year.”. (B) EXCLUSION OF CERTAIN NET EARNINGS FROM SELF-EMPLOYMENT.—Section 1402(b)(1) of such Code is amended by striking “tax imposed by section 1401(a)” and inserting “taxes imposed by subsections (a) and (c) of section 1401”. (b) Railroad Retirement Tax Act.— (1) EMPLOYEE CONTRIBUTION.—Section 3201 of such Code is amended— (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following: “(c) Family And Medical Leave Insurance.— “(1) IN GENERAL.—In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee. “(2) APPLICABLE PERCENTAGE.—For purposes of paragraph (1), the term ‘applicable percentage’ means 0.2 percent in the case of compensation received in any calendar year.”. (2) EMPLOYEE REPRESENTATIVE CONTRIBUTION.—Section 3211 of such Code is amended— (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following: “(c) Family And Medical Leave Insurance.— “(1) IN GENERAL.—In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the compensation received during any calendar year by such employee representative for services rendered by such employee representative. “(2) APPLICABLE PERCENTAGE.—For purposes of paragraph (1), the term ‘applicable percentage’ means 0.2 percent in the case of compensation received in any calendar year.”. (3) EMPLOYER CONTRIBUTION.—Section 3221 of such Code is amended— (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and (B) by inserting after subsection (b) the following: “(c) Family And Medical Leave Insurance.— “(1) IN GENERAL.—In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the compensation paid during any calendar year by such employer for services rendered to such employer. “(2) APPLICABLE PERCENTAGE.—For purposes of paragraph (1), the term ‘applicable percentage’ means 0.2 percent in the case of compensation paid in any calendar year.”. (c) Conforming Amendments.— (1) Section 6413(c) of the Internal Revenue Code of 1986 is amended— (A) in paragraph (1)— (i) by inserting “, section 3101(c),” after “by section 3101(a)”; and (ii) by striking “both” and inserting “each”; and (B) in paragraph (2), by inserting “or 3101(c)” after “3101(a)” each place it appears. (2) Section 15(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n(a)) is amended by inserting “(other than sections 3201(c), 3211(c), and 3221(c))” before the period at the end. (d) Effective Date.—The amendments made by this section shall take effect 120 days after the date of the enactment of this Act. SEC. 8. REGULATIONS. The Commissioner, in consultation with the Secretary of Labor, shall prescribe regulations necessary to carry out this Act. In developing such regulations, the Commissioner shall consider the input from a volunteer advisory body comprised of not more than 15 individuals, including experts in the relevant subject matter and officials charged with implementing State paid family and medical leave insurance programs. The Commissioner shall take such programs into account when proposing regulations. Such individuals shall be appointed as follows: (1) Five individuals to be appointed by the President. (2) Three individuals to be appointed by the majority leader of the Senate. (3) Two individuals to be appointed by the minority leader of the Senate. (4) Three individuals to be appointed by the Speaker of the House of Representatives. (5) Two individuals to be appointed by the minority leader of the House of Representatives. SEC. 9. GAO STUDY. Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on family and medical leave insurance benefits paidunder section 5 for any month during the 1-year period beginning on January 1, 2019. The report shall include the following: (1) An identification of the total number of applications for such benefits filed for any month during such 1-year period, and the average number of days occurring in the period beginning on the date on which such an application is received and ending on the date on which the initial determination of eligibility with respect to the application is made. (2) An identification of the total number of requests for review of an initial adverse determination of eligibility for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (3) An identification of the total number of monthly benefit claim reports for such benefits filed during such 1-year period, and the average number of days occurring in the period beginning on the date on which such a claim report is received and ending on the date on which the initial determination of eligibility with respect to the claim report is made. (4) An identification of the total number of requests for review of an initial adverse determination relating to a monthly benefit claim report for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (5) An identification of any excessive delay in any of the periods described in paragraphs (1) through (4), and a description of the causes for such delay. PES This bill establishes the Office of Paid Family and Medical Leave within the Social Security Administration (SSA). The bill entitles every individual to a family and medical leave insurance (FMLI) benefit payment for each month beginning on the first day of the month in which the individual meets the criteria specified below and ending 365 days later (benefit period), not to exceed 60 qualified caregiving days per period. An individual qualifies for such a benefit payment if such individual: is insured for disability insurance benefits under the Social Security Act at the time an application is filed; has earned income from employment during the 12 months before filing it; and was engaged in qualified caregiving (any activity for which the individual would be entitled to leave under the Family and Medical Leave Act of 1993), or anticipates being so engaged, during the 90-day period before the application is filed or within 30 days after. The bill prescribes a formula for determination of an individual's monthly benefit, as well as for the maximum and minimum amounts. An FMLI benefit payment shall be coordinated with any periodic benefits received under a state or local temporary disability insurance or family leave program. The bill prescribes criteria that make an individual ineligible for an FMLI benefit payment and specifies prohibited acts by an employer and penalties for violations. The bill establishes the Federal Family and Medical Leave Insurance Trust Fund. FMLI benefit payments shall be made only from this fund. No amounts from the Social Security Trust Funds or appropriated to the SSA to administer Social Security programs may be used for FMLI benefits or administration. The bill amends the Internal Revenue Code to impose a tax on every individual and employer, all self-employment income, and every railroad employee, employee representative, or railroad employer to finance the Federal Family and Medical Leave Insurance Trust Fund for FMLI benefits.
  4. Sen. Berryhill, for himself, introduces A bill to Repeal the Taft-Hartley Act of 1947. Section 1. Title 1) This bill shall be known as the Taft-Hartley Act of 1947 Repeal. Section 2. Repeal 1) The Taft-Hartley Act of 1947 is repealed in its' entirety. Section 3. Enactment 1) This bill shall be enacted upon passage.
  5. Sen. Berryhill, for himself, introduces A bill to increase the federal minimum wage. Section 1. Title 1) This bill shall be known as the “Minimum Wage Act of 2020” Section 2. Minimum Wage Increase 1) Upon passage federal minimum wage is set at $8.50 per hour. 2) Each year up to 5 years after passage the federal minimum wage will increase by the following: a) Minimum Wage will be set at $10.00 in 2021 b) Minimum Wage will be set at $11.50 in 2022 c) Minimum Wage will be set at $13.00 in 2023 d) Minimum Wage will be set at $14.00 in 2024 e) Minimum Wage will be set at $15.00 in 2025 Section 3. Enactment 1) This bill shall be enacted upon passage.
  6. IN THE SENATE Sen. Berryhill , for himself with a special thanks to Mr. Kaine (for himself, Mr. Portman, Ms. Baldwin, and Mr. Young) introduced the following bill: A BILL To amend the Carl D. Perkins Career and Technical Education Act of 2006 to raise the quality of career and technical education programs and to allow local eligible recipients to use funding to establish high-quality career academies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “Educating Tomorrow's Workforce Act of 2020”. SEC. 2. DEFINITIONS. Section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) is amended— (1) by redesignating paragraphs (6) through (9), (10) through (23), and (24) through (34), as paragraphs (7) through (10), (12) through (25), and (27) through (37), respectively; (2) by inserting after paragraph (5) the following: “(6) CAREER AND TECHNICAL EDUCATION PROGRAM OF STUDY.—The term ‘career and technical education program of study’ means a coordinated, non-duplicative sequence of secondary and postsecondary academic and technical courses that— “(A) incorporate rigorous, State-identified postsecondary education and workforce readiness standards, including State-identified career and technical education standards that address both academic and technical contents; “(B) support attainment of employability and career readiness skills; “(C) progress in content specificity (by beginning with all aspects of an industry or career cluster and leading to more occupationally specific instruction or by preparing students for ongoing postsecondary career preparation); “(D) incorporate multiple entry and exit points with portable demonstrations of technical or career competency, which may include credit-transfer agreements or industry-recognized certifications; and “(E) culminate in the attainment of— “(i) an industry-recognized certification, credential, or license; “(ii) a registered apprenticeship or credit-bearing postsecondary certificate; or “(iii) an associate or baccalaureate degree.”; (3) by inserting after paragraph (10), as redesignated by paragraph (1), the following: “(11) CREDIT-TRANSFER AGREEMENT.—The term ‘credit-transfer agreement’ means an opportunity for secondary students to be awarded transcripted postsecondary credit, supported with a formal agreement between secondary and postsecondary education systems, for— “(A) technical credit such as dual enrollment, dual credit, or articulated credit, which may include credit by examination or credit by performance on technical assessments; or “(B) academic credit such as dual enrollment, dual credit, or articulated credit, which may include credit by examination or credit by performance on academic assessments.”; and 4) by inserting after paragraph (25), as redesignated by paragraph (1), the following: “(26) REGISTERED APPRENTICESHIP PROGRAM.—The term ‘registered apprenticeship program’ means an apprenticeship program— “(A) registered under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); and “(B) that meets such other criteria as may be established by the Secretary under this section.”. SEC. 3. STATE PLAN. Section 122(c)(1) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)) is amended— (1) by striking subparagraph (A); (2) by redesignating subparagraphs (B) through (L) as subparagraphs (A) through (K), respectively; and (3) in subparagraph (A), as redesignated by paragraph (2), by striking “the career and technical programs of study described in subparagraph (A)” and inserting “career and technical education programs of study, including a description of how the eligible agency will ensure the quality of any program of study culminating in an industry-recognized certificate, credential, or license”. SEC. 4. STATE LEADERSHIP ACTIVITIES. Section 124 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344) is amended— (1) in subsection (b)(6), by striking “programs of study, as described in section 122(c)(1)(A)” and inserting “education programs of study”; and (2) in subsection (c)— (A) in paragraph (9), by striking “, career academies,”; (B) in paragraph (16)(B), by striking “and” after the semicolon; (C) in paragraph (17), by striking the period at the end and inserting “; and”; and (D) by adding at the end the following: “(18) support for career academies, which— “(A) implement a postsecondary education and workforce ready curriculum at the secondary education level that integrates rigorous academic, technical, and employability contents through career and technical education programs of study and high-quality elements, including those described in section 134(b)(7); “(B) include experiential or work-based learning for secondary school students, in collaboration with local and regional employers; “(C) include opportunities for secondary school students to earn postsecondary credit while in secondary school, such as through credit transfer agreements including dual enrollment; and “(D) establish and maintain ongoing partnerships— “(i) between the local educational agency, business and industry, and institutions of higher education or postsecondary vocational institutions (as defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c))); and “(ii) which may also include local government, such as workforce and economic development entities.”. SEC. 5. LOCAL PLAN FOR CAREER AND TECHNICAL EDUCATION PROGRAMS. Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2354(b)) is amended— (1) in paragraph (3)(A), by striking “programs of study described in section 122(c)(1)(A)” and inserting “education programs of study”; and (2) by striking paragraph (7) and inserting the following: “(7) describe how the eligible recipient will conduct an assessment of local needs related to career and technical education as part of the local plan development process and how such needs assessment will be updated annually in subsequent years of the local plan, including how the needs assessment includes an evaluation of progress toward specific elements leading to high-quality implementation of career and technical education programs of study, including— “(A) sustained, intensive, and focused professional development for teachers, principals, administrators, and school counselors on both content and pedagogy that— “(i) supports high-quality academic and career and technical education instruction; and “(ii) ensures local, regional, and State labor market information as applicable is utilized to make informed decisions about program offerings and to advise students of career opportunities and benefits; “(B) a curriculum aligned with the requirements for a career and technical education program of study; “(C) teaching and learning strategies focused on the integration of academic and career and technical education content, including supports necessary to implement such strategies; “(D) ongoing relationships between education, business and industry, and other community stakeholders; “(E) opportunities for secondary students to earn postsecondary credit while in secondary school, such as through credit transfer agreements including dual enrollment; “(F) career and technical student organizations or other activities that promote the development of leadership and employability skills; “(G) appropriate equipment and technology aligned with business and industry needs; “(H) a continuum of work-based learning opportunities, such as job shadowing, mentorships, internships, apprenticeships, clinical experiences, service learning experiences, and cooperative education; “(I) valid and reliable technical skills assessments to measure student achievement, which may include industry-recognized certifications or may lead to other credentials; “(J) support services to ensure equitable participation for all students; and “(K) recruitment and retention efforts to ensure highly effective educators, principals, and administrators.”. SEC. 6. LOCAL USES OF FUNDS. Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking “programs of study described in section 122(c)(1)(A)”; and inserting “education programs of study”; and (B) in paragraph (2), by striking “career and technical program of study described in section 122(c)(1)(A)” and inserting “career and technical education program of study”; and (2) in subsection (c)— (A) in paragraph (19)— (i) in subparagraph (C), by striking “programs of study described in section 122(c)(1)(A)” and inserting “education programs of study”; and (ii) in subparagraph (D), by striking “and” after the semicolon; (B) in paragraph (20), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(21) to provide support for career academies, as described in section 124(c)(18).”. SEC. 7. CONFORMING AMENDMENTS. Section 113 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323) is amended— (1) in subsection (b)(4)(C)(ii)(I), by striking “section 3(29)” and inserting “section 3(32)”; and (2) in subsection (c)(2)(A), by striking “section 3(29)” and inserting “section 3(32)”. PES: This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise the requirements for the plan of a state seeking federal assistance for career and technical education programs. The state plan must describe how the eligible state agency will ensure the quality of any program of study culminating in an industry-recognized certificate, credential, or license. State agency leadership activities must support career academies which: implement a college and career ready curriculum at the secondary education level integrating rigorous academic, technical, and employability contents; include experiential or work-based learning for secondary school students, in collaboration with local and regional employers; include opportunities for secondary school students to earn postsecondary credit while in secondary school; and establish and maintain ongoing partnerships between the local educational agency, business and industry, and institutions of higher education, or postsecondary vocational institutions, including local government. Local plans for career and technical education programs must describe: (1) how the eligible recipient of assistance will assess local needs related to career and technical educationas part of the local plan development process, and (2) how this needs assessment will be updated annually, especially on progress toward specific elements leading to high-quality implementation of career and technical education programs of study. The bill authorizes the local use of funds for improving such programs to support career academies.
  7. To amend the Higher Education Act to ensure College for All. IN THE SENATE OF THE UNITED STATES Sen. Berryhill with a special thanks to Mr. Sanders (for himself, Ms. Harris, Ms. Warren, Mr. Blumenthal, Mr. Murphy, and Mrs. Gillibrand) introduced the following bill A BILL To amend the Higher Education Act to ensure College for All. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the “College for All Act of 2020”. TITLE I—FEDERAL-STATE PARTNERSHIP TO ELIMINATE TUITION AND REQUIRED FEES SEC. 101. FEDERAL-STATE PARTNERSHIP TO ELIMINATE TUITION AND REQUIRED FEES. The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following: “TITLE IX—FEDERAL-STATE PARTNERSHIP TO ELIMINATE TUITION AND REQUIRED FEES “SEC. 901. GRANT PROGRAM TO ELIMINATE TUITION AND REQUIRED FEES AT PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND TRIBAL COLLEGES AND UNIVERSITIES. “(a) Definitions.—In this section: “(1) AWARD YEAR.—The term ‘award year’ has the meaning given the term in section 481(a). “(2) COMMUNITY COLLEGE.—The term ‘community college’ means— “(A) a public institution of higher education at which the credential that is predominantly awarded to students is at the sub-baccalaureate level; or “(B) a public postsecondary vocational institution, as defined under section 102(c). “(3) COST OF ATTENDANCE.—The term ‘cost of attendance’ has the meaning given the term in section 472. “(4) DUAL OR CONCURRENT ENROLLMENT PROGRAM.—The term ‘dual or concurrent enrollment program’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. “(5) EARLY COLLEGE HIGH SCHOOL.—The term ‘early college high school’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. “(6) ELIGIBLE INDIAN ENTITY.—The term ‘eligible Indian entity’ means the entity responsible for the governance, operation, or control of a Tribal College or University. “(7) ELIGIBLE STUDENT.—The term ‘eligible student’ means an individual, regardless of age, who has not obtained a baccalaureate degree or higher degree and— “(A) is enrolled, or plans to enroll, in a community college in the State in which the individual is a resident or in a 2-year Tribal College or University; or “(B) is a working class or middle class student, as described in subsection (d)(3), who is enrolled or plans to enroll in a 4-year public institution of higher education in the State in which the individual is a resident or in a 4-year Tribal College or University. “(8) FULL-TIME EQUIVALENT ELIGIBLE STUDENTS.—The term ‘full-time equivalent eligible students’, when used with respect to an institution of higher education, has the meaning given the term ‘full-time equivalent students’, except that the calculation shall be made based on the number of eligible students enrolled at such institution. “(9) FULL-TIME EQUIVALENT STUDENTS.—The term ‘full-time equivalent students’ means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution. “(10) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 101. “(11) PUBLIC 4-YEAR INSTITUTION OF HIGHER EDUCATION.—The term ‘public 4-year institution of higher education’ means a public institution of higher education that is not a community college. “(12) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal College or University’ has the meaning given the term in section 316(b)(3). “(13) 2-YEAR TRIBAL COLLEGE OR UNIVERSITY.—The term ‘2-year Tribal College or University’ means a Tribal College or University at which the credential that is predominantly awarded to students is at the sub-baccalaureate level. “(14) 4-YEAR TRIBAL COLLEGE OR UNIVERSITY.—The term ‘4-year Tribal College or University’ means a Tribal College or University that is not a 2-year Tribal College or University. “(b) Program Authorized.— “(1) GRANTS AUTHORIZED.—From amounts appropriated under subsection (g), the Secretary shall award grants, from allotments under subsection (c), to States and eligible Indian entities having applications approved under subsection (e), to enable the States and eligible Indian entities— “(A) to eliminate tuition and required fees for all eligible students at community colleges in the State or at 2-year Tribal Colleges and Universities of the eligible Indian entity; and “(B) to eliminate tuition and required fees for working class and middle class eligible students, as described in subsection (d)(3), at public 4-year institutions of higher education in the State or 4-year Tribal Colleges and Universities of the eligible Indian entity. “(2) NON-FEDERAL SHARE REQUIREMENT.— “(A) IN GENERAL.—Except as provided in subparagraph (B), each State or eligible Indian entity that receives a grant under this section shall provide a non-Federal share of funds for an award year from non-Federal sources in an amount that is equal to 33 percent of the amount required to eliminate tuition and required fees— “(i) in the case of a State, at community colleges in the State for all eligible students and at public 4-year institutions of higher education in the State for working class and middle class eligible students, as described in subsection (d)(3), for the award year; and “(ii) in the case of an eligible Indian entity, at 2-year Tribal Colleges and Universities of the eligible Indian entity for all eligible students and at 4-year Tribal Colleges and Universities of the eligible Indian entity for working class and middle class eligible students, as described in subsection (d)(3), for the award year. “(B) NON-FEDERAL SHARE REQUIREMENT FOR CERTAIN ELIGIBLE INDIAN ENTITIES.— “(i) IN GENERAL.—In the case of an eligible Indian entity that receives a grant under this section for an award year for which not less than 75 percent of the students enrolled in the 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity are low-income students, such eligible Indian entity shall provide a non-Federal share of funds from non-Federal sources in an amount that is equal to not more than 5 percent of the amount necessary to eliminate tuition and required fees at 2-year Tribal Colleges and Universities of the eligible Indian entity for all eligible students and at 4-year Tribal Colleges and Universities of the eligible Indian entity for working class and middle class eligible students, as described in subsection (d)(3), for the award year. “(ii) LOW-INCOME STUDENT.—In this subparagraph, the term ‘low-income student’ has the meaning given such term by the Secretary, except that such term shall not exclude any student eligible for a Federal Pell Grant under section 401. “(iii) DATA.—In calculating the number of enrolled students and low-income students for purposes of clause (i), the Secretary shall use— “(I) for the first award year of the program under this section, the number of students enrolled in award year 2015–2016; and “(II) for each subsequent award year, the projected student enrollment numbers for the award year for which the allotment is made. “(3) NO IN-KIND CONTRIBUTIONS.—No in-kind contribution shall count toward the non-Federal share requirement under paragraph (2). “(c) Determination Of Allotment.— “(1) FIRST AWARD YEAR OF PROGRAM.—The Secretary shall allot, to each eligible State or eligible Indian entity that submits an application under this section for a grant under subsection (b)(1) for the first award year of the program under this section, an amount that is equal to 67 percent (or not less than 95 percent in the case of an eligible Indian entity described in subsection (b)(2)(B)) of the total revenue received— “(A) in the case of a State, from all eligible students at community colleges in the State and from working class and middle class eligible students, as described in subsection (d)(3), at public 4-year institutions of higher education in the State in the form of tuition and required fees for— “(i) with respect to a State that did not eliminate tuition and required fees as described in paragraphs (2) and (3) of subsection (d) for the preceding award year, award year 2015–2016; or “(ii) with respect to a State that has eliminated tuition and required fees as described in such paragraphs, the last award year that the State charged tuition and required fees; and “(B) in the case of an eligible Indian entity, from all eligible students at 2-year Tribal Colleges and Universities of the eligible Indian entity and from working class and middle class eligible students, as described in subsection (d)(3), at 4-year Tribal Colleges and Universities of the eligible Indian entity, in the form of tuition and required fees for— “(i) with respect to an eligible Indian entity that did not eliminate tuition and required fees as described in paragraphs (2) and (3) of subsection (d) for the preceding award year, award year 2015–2016; or “(ii) with respect to an eligible Indian entity that has eliminated tuition and required fees as described in such paragraphs, the last award year for which the eligible Indian entity charged tuition and required fees. “(2) FIRST AWARD YEAR ALLOTMENT FOR STATES AND ELIGIBLE INDIAN ENTITIES APPLYING AFTER THE FIRST YEAR OF THE PROGRAM.— “(A) IN GENERAL.—The Secretary shall allot to each eligible State or eligible Indian entity that submits its first application for a grant under subsection (b)(1) for the second or a subsequent year of the program under this section, an amount equal to— “(i) the product of— “(I) the allotment the eligible State or eligible Indian entity would have received in the first award year of the program under this section if the State or eligible Indian entity had submitted an application for such year; “(II) the projected full-time equivalent eligible students figure for all community colleges and public 4-year institutions of higher education of the eligible State, or all 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity, for the award year for which the allotment is made; and “(III) the amount of additional expenditures per full-time equivalent eligible student by the eligible State or eligible Indian entity that will be necessary to eliminate tuition and required fees for each such student for the award year for which the allotment is made; divided by “(ii) the product of— “(I) the full-time equivalent eligible students figure for all community colleges and public 4-year institutions of higher education of the eligible State, or all 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity, for the first award year of the program for which the eligible State or eligible Indian entity was eligible to submit an application under this section; and “(II) the amount of expenditures per full-time equivalent eligible student by the eligible State or eligible Indian entity that would have been necessary to eliminate tuition and required fees for each such student for the first award year of the program for which the eligible State or eligible Indian entity was eligible to submit an application under this section. “(B) PROJECTED ENROLLMENT.—If the projected full-time equivalent eligible students figure of the State or eligible Indian entity under subparagraph (A) is more than 25 percent larger than the full-time equivalent eligible students figure for the preceding year, the Secretary may challenge such enrollment projection and offer an alternative enrollment projection which shall be used in the formula under subparagraph (A) for determining the allotment. “(3) SUBSEQUENT AWARD YEARS.— “(A) IN GENERAL.—The Secretary shall allot to an eligible State or eligible Indian entity submitting an application for a grant under subsection (b)(1) for a second or subsequent year after receiving a grant under paragraph (1) or (2), an amount equal to— “(i) the product of— “(I) the allotment received for the first award year for which the eligible State or eligible Indian entity submitted an application; “(II) the projected full-time equivalent eligible students figure for all community colleges and public 4-year institutions of higher education of the eligible State, or all 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity, for the award year for which the allotment is made; and “(III) the amount of additional expenditures per full-time equivalent eligible student by the eligible State or eligible Indian entity that will be necessary to eliminate tuition and required fees for each such student for the award year for which the allotment is made; divided by “(ii) the product of— “(I) the full-time equivalent eligible student figure for all community colleges and public 4-year institutions of higher education of the eligible State, or all 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity, for the first award year that the State or eligible Indian entity participates under paragraph (1) or (2), as the case may be; and “(II) the amount of expenditures per full-time equivalent eligible student by the eligible State or eligible Indian entity that was necessary to eliminate tuition and required fees for each such student for the first award year that the State or eligible Indian entity participates under paragraph (1) or (2), as the case may be. “(B) PROJECTED ENROLLMENT.—If the projected full-time equivalent eligible students figure of the State or eligible Indian entity under subparagraph (A) is more than 25 percent larger than the full-time equivalent eligible students figure for the preceding year, the Secretary may challenge such enrollment projection and offer an alternative enrollment projection which shall be used in the formula under subparagraph (A) for determining the allotment. “(4) ACTUAL ENROLLMENT FIGURES.— “(A) IN GENERAL.—By not later than November 1 of the second award year for which a State or eligible Indian entity receives an allotment under this section, and each succeeding November 1, such State or eligible Indian entity shall report to the Secretary its actual full-time equivalent eligible students figure for the preceding award year. “(B) ADJUSTMENTS.—If the actual full-time equivalent eligible students figure for the preceding award year reported under subparagraph (A)— “(i) exceeds the projected enrollment that was used for determining the allotment for the preceding award year, notwithstanding any other provision of this section, the allotment for the award year in which the November 1 date falls for the State or eligible Indian entity shall be increased to reflect such actual enrollment, which figure shall be increased by the State Gross Domestic Product Price Index, or the Gross Domestic Product Price Index of the State in which the eligible Indian entity operates; or “(ii) is below the projected enrollment that was used for determining the allotment for the preceding award year, notwithstanding any other provision of this section, the allotment for the award year in which the November 1 date falls for the State or eligible Indian entity shall be decreased to reflect such actual enrollment, which figure shall be increased by the average interest rate on 5-year United States Treasury securities issued during the preceding award year. “(5) ADDITIONAL FUNDS.—If a State or eligible Indian entity provides additional funds toward reducing the cost of attendance and improving instruction at institutions of higher education beyond the cost of eliminating tuition and required fees as described in paragraphs (2) and (3) of subsection (d) for any award year that is more than the non-Federal share requirement under subsection (b)(2) and the maintenance of expenditures requirement under paragraphs (4) and (5) of subsection (d), the Secretary shall provide to the State or eligible Indian entity an amount equal to such additional funding provided by the State or eligible Indian entity, which amount provided by the Secretary may be used for the activities described in subsection (f)(2). “(d) State And Eligible Indian Entity Eligibility Requirements.—In order to be eligible to receive an allotment under this section for an award year, a State or eligible Indian entity shall comply with the following: “(1) Ensure that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity maintain expenditures on instruction per full-time equivalent student at levels that are equal to or exceed the expenditures on instruction per full-time equivalent student for award year 2015–2016. “(2) Ensure that tuition and required fees for eligible students in the State's community college system or eligible students in the 2-year Tribal Colleges and Universities of the eligible Indian entity are eliminated. “(3) (A) Ensure that tuition and required fees for eligible students attending the State's public 4-year institutions of higher education or eligible students attending the 4-year Tribal Colleges and Universities of the eligible Indian entity are eliminated as follows: “(i) For the first award year of the program under this section, the State or eligible Indian entity shall eliminate tuition and required fees for such students— “(I) who are dependent students, whose parents' adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; and “(II) who are independent students, whose adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000. “(ii) For each award year after the first award year of the program under this section, the State or eligible Indian entity shall eliminate tuition and required fees for such students— “(I) who are dependent students, whose parents' adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount; and “(II) who are independent students, whose adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount. “(B) (i) In this paragraph, the term ‘applicable amount’ means an amount equal to, for any award year beginning after the calendar year that precedes the calendar year in which the first award year of the program under this section begins, the greater of— “(I) the amount determined under this subparagraph for the preceding award year, or “(II) an amount equal to the product of— “(aa) $125,000, and “(bb) the ratio of— “(AA) the national average wage index (as defined in section 209(k)(1) of the Social Security Act (42 U.S.C. 409(k)(1))) for the calendar year preceding the calendar year in which the applicable award year begins, to “(BB) the national average wage index (as so defined) for 2016. “(ii) If any amount determined under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. “(4) Maintain State operating expenditures per full-time equivalent student for public institutions of higher education in the State, or operating expenditures per full-time equivalent student for Tribal Colleges and Universities of the eligible Indian entity, excluding the amount of funds provided under this section, at a level that is equal to or exceeds the level of such support for award year 2015–2016. “(5) Maintain State expenditures on need-based financial aid programs for enrollment in public institutions of higher education in the State or expenditures on need-based financial aid programs for enrollment in Tribal Colleges and Universities of the eligible Indian entity at a level that is equal to or exceeds the level of such support for award year 2015–2016. “(6) Ensure public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity maintain funding for institutional need-based student financial aid in an amount that is equal to or exceeds the level of such support for award year 2015–2016. “(7) Provide an assurance that not later than 5 years after the first award year for which the grant is awarded, not less than 75 percent of instruction at public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity is provided by tenured or tenure-track faculty. “(8) Require that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity provide, for each student enrolled at the institution who receives the maximum Federal Pell Grant award under subpart 1 of part A of title IV, institutional student financial aid (excluding student loans) in an amount equal to 100 percent of the difference between— “(A) the cost of attendance at such institution; and “(B) the sum of— “(i) the amount of the maximum Federal Pell Grant award; and “(ii) the student's expected family contribution. “(9) Ensure that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity not adopt policies to reduce enrollment. “(10) Provide an assurance that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity will not charge out of State students an amount that exceeds the marginal cost of attending institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity. “(11) Provide an assurance that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity that charge non-eligible in-State students tuition and required fees, will not charge such students a rate that exceeds the rate for the last year that tuition and required fees were charged to eligible students, increased by the percentage change for subsequent years in the expenditures per full-time equivalent eligible student by the State or eligible entity that is necessary to continue to eliminate tuition and required fees for eligible students. “(e) Submission And Contents Of Application.—For each award year for which a State or eligible Indian entity desires a grant under this section, an application shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall be submitted by— “(1) in the case of a State, the State agency with jurisdiction over higher education or another agency designated by the Governor or chief executive of the State to administer the program under this section; and “(2) in the case of an eligible Indian entity, the eligible Indian entity or a Tribal College or University of the eligible Indian entity. “(f) Use Of Funds.— “(1) IN GENERAL.—A State or eligible Indian entity that receives a grant under this section shall use the grant funds and the non-Federal share funds required under this section— “(A) to eliminate tuition and required fees for all eligible students at community colleges in the State or at 2-year Tribal Colleges and Universities of the eligible Indian entity; and “(B) to eliminate tuition and required fees for working class and middle class eligible students, as described in subsection (d)(3), at public 4-year institutions of higher education in the State or 4-year Tribal Colleges and Universities of the eligible Indian entity. “(2) ADDITIONAL FUNDING.—Once tuition and required fees have been eliminated pursuant to paragraph (1), a State or eligible Indian entity that receives a grant under this section shall use any remaining grant funds and non-Federal share funds required under this section to reduce the cost of attendance and increase the quality of instruction and student support services at public institutions of higher education in the State or at Tribal Colleges and Universities of the eligible Indian entity by carrying out any of the following: “(A) Providing additional non-loan aid to students, which may include need-based student financial aid, to reduce or eliminate the cost of attendance for a public institution of higher education or a Tribal College or University beyond eliminating tuition and required fees. “(B) Expanding academic course offerings and high-quality occupational skills training programs to students. “(C) Increasing the number and percentage of full-time instructional faculty, including full-time tenure and tenure-track instructional faculty. “(D) Providing all faculty with professional supports to help students succeed, such as professional development opportunities, office space, and shared governance in the institution. “(E) Compensating part-time faculty for work done outside of the classroom relating to instruction, such as holding office hours. “(F) Strengthening and ensuring all students have access to student support services such as academic advising, counseling, and tutoring. “(G) Expanding access to dual or concurrent enrollment programs and early college high school programs. “(H) Any other additional activities that improve instructional quality and academic outcomes for students as approved by the Secretary through a peer review process. “(3) PROHIBITION.—A State or eligible Indian entity that receives a grant under this section may not use grant funds or non-Federal share funds required under this section— “(A) for the construction of a nonacademic facility, such as a student center or stadium; “(B) for merit-based student financial aid; “(C) for need-based student financial aid (except to the extent funds available under subsection (c)(5) are used to carry out paragraph (2)(A)); “(D) to pay the salaries or benefits of school administrators; “(E) for capital outlays or deferred maintenance; or “(F) for expenditures on athletics other than activities open to all members of the campus community. “(g) Authorization Of Appropriations.— “(1) IN GENERAL.—There are authorized to be appropriated, and there are appropriated, to carry out this section— “(A) such sums as may be necessary for the fourth quarter of fiscal year 2020; “(B) $41,000,000,000 for fiscal year 2021; and “(C) such sums as may be necessary for each of the fiscal years 2022 through 2029. “(2) AVAILABILITY OF FUNDS.—Funds made available pursuant to paragraph (1)(A) shall be available for obligation from October 1, 2020 to September 30, 2021. Funds made available pursuant to subparagraph (B) or (C) of paragraph (1) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated. “SEC. 902. GRANT PROGRAM FOR PRIVATE HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND PRIVATE MINORITY-SERVING INSTITUTIONS. “(a) Definitions.—Except as otherwise provided, in this section: “(1) COMMUNITY COLLEGE.—The term ‘community college’ has the meaning given the term in section 901. “(2) ELIGIBLE INSTITUTION.— “(A) IN GENERAL.—Except as provided in subparagraph (D), the term ‘eligible institution’ means a private, nonprofit 2-year institution or 4-year institution that— “(i) is— “(I) a part B institution (as defined in section 322); “(II) a Hispanic-serving institution (as defined in section 502); “(III) a Tribal College or University (as defined in section 316) whose entity responsible for the governance, operation, or control of the College or University has not received a grant under section 901; “(IV) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b)); “(V) a Predominantly Black institution (as defined in section 371(c)); “(VI) an Asian American and Native American Pacific Islander-serving institution (as defined in section 371(c)); or “(VII) a Native American-serving nontribal institution (as defined in section 371(c)); “(ii) has a student body of which not less than 35 percent are low-income students; “(iii) ensures that tuition and required fees for eligible students enrolled in the institution are eliminated or significantly reduced during any period for which the institution receives a grant under this section; “(iv) maintains expenditures on instruction per a full-time equivalent eligible student at levels that meet or exceed the expenditures on instruction per a full-time equivalent eligible student for award year 2015–2016; “(v) will invest institutional funds and seek additional funding to reduce or eliminate tuition and required fees for all students; “(vi) maintains expenditures on need-based financial aid programs for students enrolled at the institution at a level that meets or exceeds the level of such support for award year 2015–2016; “(vii) provides an assurance that the institution will increase the amount of instruction provided by tenured or tenure-track faculty; and “(viii) does not adopt policies to reduce enrollment. “(B) 2-YEAR INSTITUTION.—The term ‘2-year institution’ means an institution at which the credential that is predominantly awarded to students is at the sub-baccalaureate level. “(C) 4-YEAR INSTITUTION.—The term ‘4-year institution’ means an institution that is not a 2-year institution. “(D) EXCEPTION.— “(i) IN GENERAL.—An eligible institution as described in subparagraph (A) shall not be an eligible institution for purposes of this section for the period described in clause (ii) if such institution was a for-profit institution at any time that converted to a nonprofit institution. “(ii) PERIOD OF INELIGIBILITY.—An institution described under clause (i) shall not be an eligible institution for purposes of this section for a period of 25 years from the date the institution converted from a for-profit institution to a nonprofit institution or 25 years after the date of enactment of this Act, whichever period is longer. “(3) ELIGIBLE STUDENT.—The term ‘eligible student’ means a low-income student enrolled in an eligible institution who has not obtained a baccalaureate degree or a higher degree. “(4) FULL-TIME EQUIVALENT ELIGIBLE STUDENTS.—The term ‘full-time equivalent eligible students’ means the sum of the number of eligible students projected to enroll full time at an institution for an award year, plus the full-time equivalent of the number of eligible students projected to be enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time eligible students divided by 12) at such institution, for such award year. “(5) LOW-INCOME STUDENT.—The term ‘low-income student’ has the meaning given such term by the Secretary, except that such term shall not exclude any student eligible for a Federal Pell Grant under section 401. “(6) PUBLIC 4-YEAR INSTITUTION OF HIGHER EDUCATION.—The term ‘public 4-year institution of higher education’ has the meaning given the term in section 901. “(b) Authorization Of Grant Program.— “(1) IN GENERAL.—From amounts appropriated under subsection (e), the Secretary shall award grants, from allotments under paragraph (2), to eligible institutions having applications approved under subsection (c), to enable the eligible institutions to eliminate or significantly reduce tuition and required fees for eligible students. “(2) ALLOTMENTS.—Subject to paragraph (3), the Secretary shall allot, for each award year, to each eligible institution having an application approved under subsection (c), an amount that is equal to the product of— “(A) tuition and required fees for eligible students at the eligible institution for the award year, and “(B) the number of full-time equivalent eligible students projected to enroll in the eligible institution for the award year. “(3) LIMITATIONS.— “(A) LIMITATIONS ON INSTITUTIONAL ALLOTMENTS.—In making allotments under paragraph (2) for an award year, the Secretary shall not award an allotment that is— “(i) with respect to an eligible institution that operates in a State that has eliminated tuition and required fees as described in paragraphs (2) and (3) of section 901(d) for the preceding award year, more than the amount equal to the product of— “(I) the number of projected full-time equivalent eligible students for the award year; and “(II) the expenditures per full-time equivalent eligible student, including the Federal allotment and non-Federal share, under section 901 for the preceding award year for the State (or, in the case of a State that did not receive a grant under such section for the preceding award year, the amount needed to eliminate tuition and required fees for full-time equivalent eligible students in the State, calculated in the same manner as such amount is calculated under section 901(c) for the preceding award year for the State), at— “(aa) if the eligible institution is a 2-year institution, community colleges in the State in which the institution operates; or “(bb) if the eligible institution is a 4-year institution, public 4-year institutions of higher education in the State in which the institution operates; and “(ii) with respect to an eligible institution that operates in a State that has not eliminated tuition and required fees as described in paragraphs (2) and (3) of section 901(d) for the preceding award year, more than the amount equal to the product of— “(I) the number of projected full-time equivalent eligible students for the award year; and “(II) the average tuition and required fees for the preceding award year at— “(aa) if the eligible institution is a 2-year institution, public 2-year institutions of higher education in the State in which the institution operates; or “(bb) if the eligible institution is a 4-year institution, public 4-year institutions of higher education in the State in which the institution operates. “(B) LIMITATIONS ON TUITION HIKES.— “(i) FIRST AWARD YEAR.—For the first award year for which an eligible institution applies for a grant under this section, such eligible institution shall not increase tuition and required fees at a rate that is greater than any annual increase in tuition and required fees at the eligible institution for the 5 years preceding such first award year. “(ii) SUCCEEDING AWARD YEARS.— “(I) IN GENERAL.—For each award year after the first award year for which an eligible institution receives a grant under this section, such eligible institution shall not increase tuition and required fees for eligible students from the preceding award year at a rate that is greater than the percentage increase in the Employment Cost Index for the award year for which the grant is received, as compared to the Employment Cost Index for the award year preceding the award year for which the grant is received. “(II) EMPLOYMENT COST INDEX.—In this subparagraph, the term ‘Employment Cost Index’, when used with respect to an award year, means the Employment Cost Index for total compensation for private industry workers by bargaining status and census region and division (not seasonally adjusted) of the division in which the eligible entity is located, as provided by the Bureau of Labor Statistics of the Department of Labor, that is provided for the December that immediately precedes the start of the award year. “(4) ACTUAL ENROLLMENT FIGURES.— “(A) IN GENERAL.—By not later than November 1 of the second award year for which an eligible institution receives a grant under this section, such eligible institution shall report to the Secretary its actual full-time equivalent eligible students figure for the preceding award year. “(B) ADJUSTMENTS.—If the actual full-time equivalent eligible students figure for the preceding award year reported under subparagraph (A)— “(i) exceeds the projected enrollment that was used for determining the allotment under subparagraph (2)(B) for the preceding award year, notwithstanding any other provision of this Act, the allotment for the award year in which the November 1 date falls for the eligible institution shall be increased to reflect such actual enrollment, which figure shall be increased by the Gross Domestic Product Price Index of the State in which the eligible institution operates; or “(ii) is below the projected enrollment that was used for determining the allotment under subparagraph (2)(B) for the preceding award year, notwithstanding any other provision of this Act, the allotment for the award year in which the November 1 date falls for the eligible institution shall be decreased to reflect such actual enrollment, which figure shall be increased by the average interest rate on 5-year United States Treasury securities issued during the preceding award year. “(c) Application.—An eligible institution that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. “(d) Prohibition.—An eligible institution that receives a grant under this section may not use grant funds under this section— “(1) for the construction of a nonacademic facility, such as a student center or stadium; “(2) for merit-based or need-based student financial aid; “(3) to pay the salaries or benefits of school administrators; “(4) for capital outlays or deferred maintenance; or “(5) for expenditures on athletics other than activities open to all members of the campus community. “(e) Authorization Of Appropriations.—There are authorized to be appropriated, and there are appropriated, to carry out this section— “(1) such sums as may be necessary for the fourth quarter of fiscal year 2017; “(2) $1,340,000,000 for fiscal year 2018; and “(3) such sums as may be necessary for each of the fiscal years 2019 through 2027.”. SEC. 102. INCREASING SUCCESS FOR LOW-INCOME AND FIRST GENERATION STUDENTS. (a) Authorization Of Appropriations For Federal TRIO Programs.—Section 402A(g) of the Higher Education Act of 1965 (20 U.S.C. 1070a–11(g)) is amended by inserting after the first sentence the following: “For the purpose of making grants and contracts under this chapter, there are authorized to be appropriated $1,080,000,000 for fiscal year 2018, $1,260,000,000 for fiscal year 2019, $1,440,000,000 for fiscal year 2020, $1,620,000,000 for fiscal year 2021, $1,800,000,000 for fiscal year 2022, and such sums as may be necessary for each of fiscal years 2023 through 2027.”. (b) Authorization Of Appropriations For GEAR UP Programs.—Section 404H of the Higher Education Act of 1965 (20 U.S.C. 1070a–28) is amended by striking “$400,000,000” and all that follows through the period and inserting “$410,000,000 for fiscal year 2018 and such sums as may be necessary for each of fiscal years 2019 through 2027.”. TITLE II—EXPANSION OF WORK STUDY TO MEET THE NEEDS OF TODAY’S STUDENTS SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Section 441(b) of the Higher Education Act of 1965 (20 U.S.C. 1087–51(b)) is amended to read as follows: “(b) Authorization Of Appropriations.—There are authorized to be appropriated to carry out this part— “(1) $1,000,000,000 for fiscal year 2018; “(2) $1,500,000,000 for fiscal year 2019; “(3) $2,000,000,000 for fiscal year 2020; “(4) $2,500,000,000 for fiscal year 2021; “(5) $3,000,000,000 for fiscal year 2022; and “(6) such sums as may be necessary for each of fiscal years 2023–2027.”. SEC. 202. REFORM OF THE WORK STUDY FORMULA. Section 442 of the Higher Education Act of 1965 (20 U.S.C. 1087–52) is amended— (1) by striking subsection (a) and inserting the following: “(a) Revision To The Federal Work Study Allocation.—The Secretary shall allocate funds under this section solely on the basis of the self-help need determination described under subsection (c).”; (2) in subsection (c)— (A) in paragraph (2), by striking “To determine the self-help need of an institution's eligible undergraduate students,” and inserting “Until such time as the Secretary establishes a revised method to determine the self-help need of an institution's eligible undergraduate students, in accordance with paragraph (5),”; (B) in paragraph (3), by striking “To determine the self-help need of an institution's eligible graduate and professional students”, and inserting “Until such time as the Secretary establishes a revised method to determine the self-help need of an institution's eligible graduate and professional students, in accordance with paragraph (5),”; and (C) by adding at the end the following: “(5) Not later than 1 year after the date of enactment of the College for All Act of 2017, the Secretary shall establish revised methods for determining the self-help need of an institution's eligible undergraduate students, as described in paragraph (2), and eligible graduate and professional students, as described in paragraph (3), that shall take into account the number of Federal Pell Grant eligible low-income and moderate-income students that an eligible institution serves and provide considerations for eligible institutions that successfully demonstrate improved employment outcomes. The Secretary shall promulgate any regulations necessary to carry out the revised methods of determining an eligible institution's self-help need under this subsection.”; and (3) by adding at the end the following: “(f) Funds To Expand Job Location Development Programs.—Notwithstanding any other provision of this part, to promote career readiness and improve the employment skills of Federal Pell Grant-eligible students, the Secretary is authorized to enter into agreements with eligible institutions under which such institution may use not more than 20 percent or $150,000 of its allotment under this section, whichever amount is less, to expand job location development programs, which may be coordinated with State and local workforce development boards.”. TITLE III—STUDENT LOAN RELIEF FOR MILLIONS OF BORROWERS SEC. 301. RESTORATION OF CERTAIN INTEREST RATE PROVISIONS. Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended— (1) in paragraph (8)— (A) in the heading, by striking “ON OR AFTER JULY 1, 2013” and inserting “ON OR AFTER JULY 1, 2013, AND BEFORE JULY 1, 2017”; and (B) by striking “on or after July 1, 2013” and inserting “on or after July 1, 2013, and before July 1, 2017” each place the term appears; (2) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (3) by inserting after paragraph (8) the following: “(9) INTEREST RATE PROVISIONS FOR NEW LOANS ON OR AFTER JULY 1, 2017.— “(A) RATES FOR UNDERGRADUATE FDSL AND FDUSL.—Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students, for which the first disbursement is made on or after July 1, 2017, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to— “(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus “(ii) 1.09 percent, except that such rate shall not exceed 5 percent. “(B) IN SCHOOL AND GRACE PERIOD RULES FOR UNDERGRADUATES.—Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan issued to an undergraduate student for which the first disbursement is made on or after July 1, 2017, the applicable rate of interest for interest which accrues— “(i) prior to the beginning of the repayment period of the loan; or “(ii) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in subsection (f), shall be determined under subparagraph (A) by substituting ‘0.49 percent’ for ‘1.09 percent’. “(C) RATES FOR GRADUATE AND PROFESSIONAL FDUSL.—Notwithstanding the preceding paragraphs of this subsection, for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students, for which the first disbursement is made on or after July 1, 2017, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined under subparagraph (A)— “(i) by substituting ‘1.86 percent’ for ‘1.09 percent’; and “(ii) by substituting ‘8.25 percent’ for ‘5 percent’. “(D) IN SCHOOL AND GRACE PERIOD RULES FOR GRADUATE AND PROFESSIONAL STUDENTS.—Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct Unsubsidized Stafford Loan issued to a graduate student or professional student for which the first disbursement is made on or after July 1, 2017, the applicable rate of interest for interest which accrues— “(i) prior to the beginning of the repayment period of the loan; or “(ii) during the period in which principal need not be paid (whether or not such principal is in fact paid) by reason of a provision described in subsection (f), shall be determined under subparagraph (A) by substituting ‘1.26 percent’ for ‘1.09 percent’. “(E) PLUS LOANS.—Notwithstanding the preceding paragraphs of this subsection, with respect to Federal Direct PLUS Loan for which the first disbursement is made on or after July 1, 2017, the applicable rate of interest shall be determined under subparagraph (A)— “(i) by substituting ‘2.36 percent’ for ‘1.09 percent’; and “(ii) by substituting ‘8.25 percent’ for ‘5 percent’. “(F) CONSOLIDATION LOANS.—Notwithstanding the preceding paragraphs of this subsection, any Federal Direct Consolidation loan for which the application is received on or after July 1, 2017, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of— “(i) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher 1⁄8 of 1 percent; or “(ii) 8.25 percent.”. SEC. 302. BORROWER MODIFICATION OF INTEREST RATES UNDER TITLE IV. Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)), as amended by section 301, is further amended by adding at the end the following: “(12) BORROWER MODIFICATION OF INTEREST RATE.— “(A) MODIFICATION.—Notwithstanding any other provision of law, the borrower of a Federal Stafford Loan under section 428, a Federal Direct Stafford Loan, a Federal Unsubsidized Stafford Loan under section 428H, a Federal Direct Unsubsidized Stafford Loan, a Federal PLUS Loan under section 428B, a Federal Direct PLUS Loan, a Federal Consolidation Loan under section 428C, or a Federal Direct Consolidation Loan may elect to modify the interest rate of the loan to be equal to— “(i) in the case of a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan, the interest rate that would be applicable to such loan if such loan were first disbursed (or in the case of a Federal Direct Consolidation Loan, first applied for) on the date on which such borrower elects to modify the interest rate of such loan; and “(ii) in the case of a Federal Stafford Loan, a Federal Unsubsidized Stafford Loan, a Federal PLUS Loan, or a Federal Consolidation Loan, the weighted average of the interest rates applicable to loans under part B on the date the loan was first disbursed (or in the case of a Federal Consolidation Loan, first applied for). “(B) FIXED RATE.—Except as provided in subparagraph (C), an interest rate elected under subparagraph (A) for a loan shall be fixed for the life of the loan. “(C) CONTINUING AUTHORITY TO MODIFY.—A borrower may elect to modify the interest rate of a loan in accordance with subparagraph (A) at any time during the life of the loan.”. SEC. 303. EXCESS REVENUE IN THE FEDERAL DIRECT LOAN PROGRAM. (a) In General.—The Secretary of Education shall, for each fiscal year beginning with the first full fiscal year following the date of enactment of this Act, as soon as practicable after the end of such fiscal year, determine whether the amount of Federal funds expended to carry out the William D. Ford Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) during such fiscal year was less than the revenue received from such Program during such fiscal year. (b) Excess Revenue.—If the Secretary determines, for any fiscal year, that the amount of Federal funds expended to carry out such Federal Direct Loan Program, as described in subsection (a), during such fiscal year was less than the revenue received from such Program during such fiscal year, the Secretary shall use the revenue in excess of the funds expended to carry out the Federal Pell Grant Program under subpart 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for the succeeding fiscal year. TITLE IV—SNYDER ACT SEC. 401. RULE OF CONSTRUCTION REGARDING THE SNYDER ACT. Nothing in this Act, or an amendment made by this Act, shall be construed to change or abrogate the Federal Government’s responsibilities under the Act of November 2, 1921 (commonly known as the “Snyder Act”) (25 U.S.C. 13). PES: This bill amends the Higher Education Act of 1965 (HEA) to establish a grant program to eliminate tuition and required fees: (1) for all students at community colleges and two-year tribal colleges and universities, and (2) for working- and middle-class students at four-year public institutions of higher education (IHEs). Additionally, the bill amends title IV (Student Assistance) of the HEA to: reauthorize the Federal TRIO Programs, the Gaining Early Awareness and Readiness for Undergraduate Programs (i.e., GEAR UP), and the Federal Work Study Program for FY2020-FY202*; eliminate existing base guarantees of Federal Work Study funds to IHEs and require funds to be allocated based solely on the aggregate need of the institution's students; modify the interest rate formulas for federal student loans to revise applicable rates on new loans disbursed on or after July 1, 2020; and allow student loan borrowers to modify interest rates on outstanding federal student loans to current rates. Finally, it directs the Department of Education to use any excess revenue generated by the Federal Direct Loan program to carry out the Federal Pell Grant program. Edit
  8. Sen. Berryhill of New York, for himself, offersA BILLTo allow for equal opportunity employment.This bill may be cited as the National Ban the Box. Section 1) Ban the Box a) All employers shall remove all questions regarding prior criminal convictions from applications for employment. Section 2. Enactment a) This law shall be enacted upon passage. PES: All employers shall remove all questions regarding prior criminal convictions from applications for employment.
  9. Lewis Berryhill Midsession Fundraiser x2 New York (4 hours)
  10. Chris

    @SenBerryhill

    @SenBerryhill ”I applaud the President for calling for the elimination of the FICA Cap. We must protect social security and finally there is a Republican willing to work with proven progressive ideology and help us accomplish that goal.”
  11. Mr. Chair, I object to the approval by UC. I yield
  12. Mr. Chairman, I agree with my colleague and suggest that the majority convene a hearing on this matter so we can hear from the experts and examine the research. I yield
  13. Mr. Chair, I second the motion for UC. i yield
  14. Mr. Chair, I object. I support Israel same as everyone else in this chamber, however we should not solely base our foreign policy and defense policy on whether or not they are currently boycotting Israel. That should not be our litmus test. I yield
  15. Mr. Chair, We have a constitution in this country that clearly outlines each branch and their powers. This Senate should not give a blank check on trade to the executive bypassing Congress. We will not be supporting the passage of this bill. I yield
  16. Mr. Chair, I agree with the ranking member that both these pieces of legislation have benefits and are needed in light of the recent disaster. We should do our due diligence to ensure the legislation makes it to the Senate floor in an expedited fashion. I second the motion to suspend for both. I yield
  17. Lewis Berryhill Midsession Fundraiser x2 New York (4 hours)
×
×
  • Create New...