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H.R.968

Government Operations and Politics

Lessening Regulatory Costs and Establishing a Federal Regulatory Budget Act of 2021 This bill establishes procedures and provides statutory authority to reduce the number of federal regulations. Specifically, it requires each agency to establish a regulatory reform task force chaired by a designated regulatory reform officer. Each task force must, among other duties (1) review each existing agency regulation; (2) estimate the potential cost savings of repealing or modifying each regulation; and (3) identify regulations that are appropriate for repeal, replacement, or modification based on cost, effectiveness, and impact on employment. The bill further provides statutory authority for the executive order prohibiting agencies from issuing a new regulation with an economic impact of at least $100 million without identifying two regulations for repeal that will offset the cost of the proposed new regulation. Agencies also must submit a list of all planned regulatory actions for inclusion in the semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions, including (1) the estimated economic effect of each action, and (2) proposed deregulatory actions to offset the cost of each proposed new regulation. Additionally, the Office of Management and Budget must establish an annual regulatory budget for each federal agency that specifies the net allowable increase in regulatory costs for each agency during the next fiscal year.

To provide for a method by which the economic costs of significant regulatory actions may be offset by the repeal of other regulatory actions, 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Lessening Regulatory Costs and Establishing a Federal Regulatory Budget Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress; purpose. Sec. 3. Establishing regulatory reform capacity. Sec. 4. Accountability. Sec. 5. Regulatory planning and budget. Sec. 6. Waiver. Sec. 7. Definitions. SEC. 2. SENSE OF CONGRESS; PURPOSE. (a) Sense of Congress.--It is the sense of Congress that the Federal Government should be prudent and financially responsible in the expenditure of funds, from both public and private sources. In addition to the management of the direct expenditure of taxpayer dollars through the budgeting process, it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations. (b) Purpose.--The purpose of this Act is-- (1) to remove unnecessary or outdated regulations when a new significant regulation is issued; and (2) to prudently manage and control the cost of planned regulations through an annual budgeting process. SEC. 3. ESTABLISHING REGULATORY REFORM CAPACITY. (a) Regulatory Reform Officers.-- (1) In general.--Except as provided for under section 6, not later than 60 days after the date of the enactment of this Act, the head of each agency shall designate an employee or officer of the agency as the Regulatory Reform Officer (in this Act referred to as the ``agency RRO''). (2) Duties.--In accordance with applicable law and in consultation with relevant senior agency officials, each agency RRO shall oversee-- (A) the implementation of regulatory reform initiatives and policies for the agency to ensure that the agency effectively carries out regulatory reforms; and (B) the termination of programs and activities that derive from or implement statutes, Executive orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been repealed or rescinded. (b) Regulatory Reform Task Forces.-- (1) Establishment of agency task force; membership.--Except as provided under section 6, not later than 60 days after the date of the enactment of this Act, the head of each agency shall appoint and may remove members to the regulatory reform task force (in this section referred to as the ``Task Force'') of the agency, which shall be composed of the following members: (A) The agency RRO. (B) A senior agency official from each relevant component or office of the agency with significant authority for issuing or repealing regulatory actions. (C) Additional senior agency officials involved in the development of rulemaking or other regulatory action at the agency, as determined by the head of the agency. (2) Chair.--Unless otherwise designated by the head of the agency, the agency RRO shall chair the Task Force of the agency. (3) Joint task forces.--For the consideration of a joint rulemaking, the Director may form a joint regulatory reform task force composed of at least one member from the Task Force of each relevant agency. Any joint regulatory reform task force formed under this paragraph shall consult with each relevant Task Force. (4) Duties.--Each Task Force shall conduct ongoing evaluations of regulations and other regulatory actions and make recommendations that are consistent with and that could be implemented in accordance with applicable law to the head of the agency regarding repeal, replacement, or modification of regulations and regulatory actions. To the extent practicable, each Task Force shall-- (A) not later than 5 years after the date of the enactment of this Act, complete a review of each regulation issued by the agency; (B) for each regulation or regulatory action reviewed and identified for repeal, replacement, or modification, estimate the cost savings of such repeal, replacement, or modification, as applicable; and (C) identify regulations that are appropriate for repeal, replacement, or modification, and prioritize the evaluation of regulations that-- (i) eliminate or have eliminated jobs or inhibit or have inhibited job creation; (ii) are outdated, unnecessary, or ineffective; (iii) impose costs that exceed benefits; (iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (v) were issued or are maintained in a manner that is inconsistent with the requirements of section 515 of the Treasury and General Government Appropriations Act, 2001 (Public Law 106-554; 44 U.S.C. 3516 note), or the guidance issued pursuant to that section, including any rule that relies in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard for reproducibility; or (vi) were made pursuant to or to implement statutes, Executive orders, or other Presidential directives that have been subsequently rescinded or substantially modified. (c) Consultation With Stakeholders.--In performing the tasks under this section, each agency RRO and Task Force shall seek input and other assistance from the public and from entities significantly affected by regulations, including State, local, and Tribal governments, small businesses, consumers, non-governmental organizations, and trade associations. Each agency RRO and Task Force may-- (1) incorporate specific suggestions from stakeholders in identifying the list of deregulatory actions to recommend to the head of the agency; and (2) accept or solicit input from the public in any manner, if-- (A) the process is transparent to the public and Congress; (B) a list of each meeting, a list of each stakeholder that submitted a comment, and a copy of each written comment are made publicly available online; and (C) the Task Force issues a public notice of any public meeting to solicit input not less than 7 days before the public meeting and makes detailed minutes of the meeting available online not less than 7 days after the date of the meeting. (d) Transparent Regulatory Reform.-- (1) Website.--To the extent practicable, the head of each agency shall publish information about the Task Force of the agency and other regulatory reform initiatives on the website of the agency-- (A) which shall include-- (i) a list of the members of the Task Force of the agency; (ii) a copy of each report issued under this subsection; and (iii) a link to or copy of each notice of a meeting or solicitation of public comments issued by the Task Force of the agency; and (B) which may include-- (i) an online forum to receive comments from the public; and (ii) any other information about the Task Force or other regulatory reform initiatives at the agency. (2) Report.--Not less than twice a year, each agency RRO shall submit to the head of the agency a report on the activities performed under this section and any recommendations resulting from such activities (which shall be posted by the head of the agency on a publicly accessible website), and shall include the following: (A) A description of any improvement made toward implementation of regulatory reform initiatives and policies. (B) For each regulation or other regulatory action reviewed by the Task Force, a detailed description of the review. (C) An inventory of each regulation or regulatory action the Task Force recommends the agency consider for repeal, replacement, or modification. (D) A list of all activities conducted under subsection (c), a summary of all comments received, and a hyperlink to copies of each public comment received. SEC. 4. ACCOUNTABILITY. (a) Incorporation in Performance Plans.-- (1) In general.--Each agency listed in section 901(b)(1) of title 31, United States Code, shall incorporate in the annual performance plan of the agency (required under section 1115(b) of title 31, United States Code) performance indicators that measure progress implementing this Act. (2) OMB guidance.--The Director shall issue, and update as necessary, guidance regarding the implementation of this subsection. (b) Performance Assessment.--The head of each agency shall consider the progress implementing this Act in assessing the performance of the Task Force of the agency and those individuals responsible for developing and issuing agency rules. SEC. 5. REGULATORY PLANNING AND BUDGET. (a) Unified Agenda and Annual Regulatory Plan.-- (1) Unified regulatory agenda.--During the months of April and October of each year, the Director shall publish a unified regulatory agenda, which shall include-- (A) regulatory and deregulatory actions under development or review at agencies; (B) a Federal regulatory plan of all significant regulatory actions and associated deregulatory actions that agencies reasonably expect to issue in proposed or final form in the current and following fiscal year; and (C) all information required to be included in the regulatory flexibility agenda under section 602 of title 5, United States Code. (2) Agency submissions.--In accordance with guidance issued by the Director and not less than 60 days before each date of publication for the unified regulatory agenda under paragraph (1), the head of each agency shall submit to the Director an agenda of all regulatory actions and deregulatory actions under development at the agency, including the following: (A) For each regulatory action and deregulatory action: (i) A regulation identifier number. (ii) A brief summary of the action. (iii) The legal authority for the action. (iv) Any legal deadline for the action. (v) The name and contact information for a knowledgeable agency official. (vi) Any other information as required by the Director. (B) An annual regulatory plan, which shall include a list of each significant regulatory action the agency reasonably expects to issue in proposed or final form in the current and following fiscal year, including for each significant regulatory action: (i) A summary, including the following: (I) A statement of the regulatory objectives. (II) The legal authority for the action. (III) A statement of the need for the action. (IV) The agency's schedule for the action. (ii) The estimated cost. (iii) The estimated benefits. (iv) Any deregulatory action identified to offset the estimated cost of such significant regulatory action and an explanation of how the agency will continue to achieve regulatory objectives if the deregulatory action is taken. (v) A best approximation of the total cost or savings and any cost or savings associated with a deregulatory action. (vi) An estimate of the economic effects, including any estimate of the net effect that such action will have on the number of jobs in the United States, that was considered in drafting the action, or, if such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the action has been considered. (C) Information required under section 602 of title 5, United States Code. (D) Information required under any other law to be reported by agencies about significant regulatory actions, as determined by the Director. (b) Federal Regulatory Budget.-- (1) Establishment.--In the April unified regulatory agenda described under subsection (a), the Director shall establish the annual Federal Regulatory Budget, which specifies the net amount of incremental regulatory costs allowed by the Federal Government and at each agency for the next fiscal year. The Director may set the incremental regulatory cost allowance to allow an increase, prohibit an increase, or require a decrease of incremental regulatory costs. (2) Default net incremental regulatory cost.--If the Director does not set a net amount of incremental regulatory costs allowed for an agency, the net incremental regulatory cost allowed shall be zero. (3) Balance rollover of incremental regulatory cost allowance.--If an agency does not exhaust all of the incremental regulatory cost allowance for a fiscal year, the balance may be added to the incremental regulatory cost allowance for the subsequent fiscal year, without increasing the incremental regulatory costs allowed for the Federal Government for the subsequent fiscal year. The Director must identify the total carryover incremental regulatory cost allowance available to an agency in the Federal Regulatory Budget. (c) Significant Regulatory Action Requirements.--Except as otherwise required by law, a significant regulatory action shall have no effect unless-- (1) the-- (A) head of the agency identifies not less than 2 deregulatory actions to offset the costs of such significant regulatory action, and to the extent feasible, issues such deregulatory actions before or on the same schedule as the significant regulatory action; (B) incremental costs of such significant regulatory action as offset by any deregulatory action issued before or on the same schedule as the significant regulatory action do not cause the agency to exceed or contribute to the agency exceeding the incremental regulatory cost allowance of the agency for that fiscal year; and (C) significant regulatory action was included on the most recent version or update of the published unified regulatory agenda; or (2) the issuance of the significant regulatory action was approved in advance in writing by the Director and the written approval is publicly available online prior to the issuance of such significant regulatory action. (d) Guidance by OMB.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Director shall establish and issue guidance on how agencies should comply with the requirements of this section. Such guidance shall include the following: (A) A process for standardizing the measurement and estimation of regulatory costs, including cost savings associated with deregulatory actions. (B) Standards for determining what qualifies as a deregulatory action. (C) Standards for determining the costs of existing regulatory actions that are considered for repeal, replacement, or modification. (D) A process for accounting for costs in different fiscal years. (E) Methods to oversee the issuance of significant regulatory actions offset by cost savings achieved at different times or by different agencies. (F) Emergencies and other circumstances that may justify individual waivers of the requirements of this section. (G) Standards by which the Director will determine whether a regulatory action or a collection of regulatory actions qualifies as a significant regulatory action. (2) Updates to guidance.--The Director shall update the guidance issued pursuant to this section as necessary. SEC. 6. WAIVER. (a) Waiver Authority.--Upon the written request of the head of an agency, the Director may issue a written waiver of the requirements of section 3 if the Director determines that the agency generally issues very few or no rules. (b) Revocation of Waiver.--The Director may revoke at any time a waiver issued under this section. (c) Public Availability of Waivers.--The Director shall maintain a publicly available list of each agency that is operating under a waiver issued under this section. (d) Requirement for Waiver.--A waiver shall not be effective unless the written waiver and the written request of the agency are publicly available on the website of the Office of Management and Budget. SEC. 7. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Costs.--The term ``costs'' means opportunity cost to society. (3) Cost savings.--The term ``cost savings'' means the cost imposed by a regulatory action that is eliminated by the repeal, replacement, or modification of such regulatory action. (4) Deregulatory action.--The term ``deregulatory action'' means the repeal, replacement, or modification of an existing regulatory action. (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (6) Incremental regulatory cost.--The term ``incremental regulatory cost'' means the difference between the estimated cost of issuing a significant regulatory action and the estimated cost saved by issuing any deregulatory action. (7) Regulation; rule.--The term ``regulation'' or ``rule'' has the meaning given the term ``rule'' in section 551 of title 5, United States Code. (8) Regulatory action.--The term ``regulatory action'' means-- (A) any regulation; and (B) any other regulatory guidance, statement of policy, information collection request, form, or reporting, recordkeeping, or disclosure requirements that imposes a burden on the public or governs agency operations. (9) Significant regulatory action.--The term ``significant regulatory action'' means any regulatory action, other than monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee, that is likely to-- (A) have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (B) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (D) raise a novel legal or policy issue. (10) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States. <all>

Lessening Regulatory Costs and Establishing a Federal Regulatory Budget Act of 2021

To provide for a method by which the economic costs of significant regulatory actions may be offset by the repeal of other regulatory actions, and for other purposes.

Lessening Regulatory Costs and Establishing a Federal Regulatory Budget Act of 2021

Rep. Budd, Ted

R

NC

This bill establishes procedures and provides statutory authority to reduce the number of federal regulations. Specifically, it requires each agency to establish a regulatory reform task force chaired by a designated regulatory reform officer. Each task force must, among other duties (1) review each existing agency regulation; (2) estimate the potential cost savings of repealing or modifying each regulation; and (3) identify regulations that are appropriate for repeal, replacement, or modification based on cost, effectiveness, and impact on employment. The bill further provides statutory authority for the executive order prohibiting agencies from issuing a new regulation with an economic impact of at least $100 million without identifying two regulations for repeal that will offset the cost of the proposed new regulation. Agencies also must submit a list of all planned regulatory actions for inclusion in the semiannual Unified Agenda of Federal Regulatory and Deregulatory Actions, including (1) the estimated economic effect of each action, and (2) proposed deregulatory actions to offset the cost of each proposed new regulation. Additionally, the Office of Management and Budget must establish an annual regulatory budget for each federal agency that specifies the net allowable increase in regulatory costs for each agency during the next fiscal year.

SHORT TITLE; TABLE OF CONTENTS. 1. Sense of Congress; purpose. Establishing regulatory reform capacity. Accountability. Regulatory planning and budget. Waiver. Sec. Definitions. (b) Purpose.--The purpose of this Act is-- (1) to remove unnecessary or outdated regulations when a new significant regulation is issued; and (2) to prudently manage and control the cost of planned regulations through an annual budgeting process. 3. (2) Duties.--In accordance with applicable law and in consultation with relevant senior agency officials, each agency RRO shall oversee-- (A) the implementation of regulatory reform initiatives and policies for the agency to ensure that the agency effectively carries out regulatory reforms; and (B) the termination of programs and activities that derive from or implement statutes, Executive orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been repealed or rescinded. (2) Chair.--Unless otherwise designated by the head of the agency, the agency RRO shall chair the Task Force of the agency. (D) A list of all activities conducted under subsection (c), a summary of all comments received, and a hyperlink to copies of each public comment received. 4. (2) OMB guidance.--The Director shall issue, and update as necessary, guidance regarding the implementation of this subsection. (II) The legal authority for the action. (IV) The agency's schedule for the action. (iii) The estimated benefits. (vi) An estimate of the economic effects, including any estimate of the net effect that such action will have on the number of jobs in the United States, that was considered in drafting the action, or, if such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the action has been considered. (C) Information required under section 602 of title 5, United States Code. (3) Balance rollover of incremental regulatory cost allowance.--If an agency does not exhaust all of the incremental regulatory cost allowance for a fiscal year, the balance may be added to the incremental regulatory cost allowance for the subsequent fiscal year, without increasing the incremental regulatory costs allowed for the Federal Government for the subsequent fiscal year. (B) Standards for determining what qualifies as a deregulatory action. (G) Standards by which the Director will determine whether a regulatory action or a collection of regulatory actions qualifies as a significant regulatory action. 6. (d) Requirement for Waiver.--A waiver shall not be effective unless the written waiver and the written request of the agency are publicly available on the website of the Office of Management and Budget. 7. (2) Costs.--The term ``costs'' means opportunity cost to society. (3) Cost savings.--The term ``cost savings'' means the cost imposed by a regulatory action that is eliminated by the repeal, replacement, or modification of such regulatory action.

SHORT TITLE; TABLE OF CONTENTS. 1. Sense of Congress; purpose. Establishing regulatory reform capacity. Regulatory planning and budget. Waiver. Sec. (b) Purpose.--The purpose of this Act is-- (1) to remove unnecessary or outdated regulations when a new significant regulation is issued; and (2) to prudently manage and control the cost of planned regulations through an annual budgeting process. 3. (2) Chair.--Unless otherwise designated by the head of the agency, the agency RRO shall chair the Task Force of the agency. (D) A list of all activities conducted under subsection (c), a summary of all comments received, and a hyperlink to copies of each public comment received. 4. (2) OMB guidance.--The Director shall issue, and update as necessary, guidance regarding the implementation of this subsection. (II) The legal authority for the action. (iii) The estimated benefits. (vi) An estimate of the economic effects, including any estimate of the net effect that such action will have on the number of jobs in the United States, that was considered in drafting the action, or, if such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the action has been considered. (C) Information required under section 602 of title 5, United States Code. (3) Balance rollover of incremental regulatory cost allowance.--If an agency does not exhaust all of the incremental regulatory cost allowance for a fiscal year, the balance may be added to the incremental regulatory cost allowance for the subsequent fiscal year, without increasing the incremental regulatory costs allowed for the Federal Government for the subsequent fiscal year. (B) Standards for determining what qualifies as a deregulatory action. (G) Standards by which the Director will determine whether a regulatory action or a collection of regulatory actions qualifies as a significant regulatory action. 6. 7. (2) Costs.--The term ``costs'' means opportunity cost to society. (3) Cost savings.--The term ``cost savings'' means the cost imposed by a regulatory action that is eliminated by the repeal, replacement, or modification of such regulatory action.

SHORT TITLE; TABLE OF CONTENTS. 1. Sense of Congress; purpose. Establishing regulatory reform capacity. Accountability. Regulatory planning and budget. Waiver. Sec. Definitions. (b) Purpose.--The purpose of this Act is-- (1) to remove unnecessary or outdated regulations when a new significant regulation is issued; and (2) to prudently manage and control the cost of planned regulations through an annual budgeting process. 3. (2) Duties.--In accordance with applicable law and in consultation with relevant senior agency officials, each agency RRO shall oversee-- (A) the implementation of regulatory reform initiatives and policies for the agency to ensure that the agency effectively carries out regulatory reforms; and (B) the termination of programs and activities that derive from or implement statutes, Executive orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been repealed or rescinded. (2) Chair.--Unless otherwise designated by the head of the agency, the agency RRO shall chair the Task Force of the agency. Each agency RRO and Task Force may-- (1) incorporate specific suggestions from stakeholders in identifying the list of deregulatory actions to recommend to the head of the agency; and (2) accept or solicit input from the public in any manner, if-- (A) the process is transparent to the public and Congress; (B) a list of each meeting, a list of each stakeholder that submitted a comment, and a copy of each written comment are made publicly available online; and (C) the Task Force issues a public notice of any public meeting to solicit input not less than 7 days before the public meeting and makes detailed minutes of the meeting available online not less than 7 days after the date of the meeting. (D) A list of all activities conducted under subsection (c), a summary of all comments received, and a hyperlink to copies of each public comment received. 4. (2) OMB guidance.--The Director shall issue, and update as necessary, guidance regarding the implementation of this subsection. (b) Performance Assessment.--The head of each agency shall consider the progress implementing this Act in assessing the performance of the Task Force of the agency and those individuals responsible for developing and issuing agency rules. (a) Unified Agenda and Annual Regulatory Plan.-- (1) Unified regulatory agenda.--During the months of April and October of each year, the Director shall publish a unified regulatory agenda, which shall include-- (A) regulatory and deregulatory actions under development or review at agencies; (B) a Federal regulatory plan of all significant regulatory actions and associated deregulatory actions that agencies reasonably expect to issue in proposed or final form in the current and following fiscal year; and (C) all information required to be included in the regulatory flexibility agenda under section 602 of title 5, United States Code. (II) The legal authority for the action. (IV) The agency's schedule for the action. (iii) The estimated benefits. (vi) An estimate of the economic effects, including any estimate of the net effect that such action will have on the number of jobs in the United States, that was considered in drafting the action, or, if such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the action has been considered. (C) Information required under section 602 of title 5, United States Code. (3) Balance rollover of incremental regulatory cost allowance.--If an agency does not exhaust all of the incremental regulatory cost allowance for a fiscal year, the balance may be added to the incremental regulatory cost allowance for the subsequent fiscal year, without increasing the incremental regulatory costs allowed for the Federal Government for the subsequent fiscal year. (B) Standards for determining what qualifies as a deregulatory action. (E) Methods to oversee the issuance of significant regulatory actions offset by cost savings achieved at different times or by different agencies. (G) Standards by which the Director will determine whether a regulatory action or a collection of regulatory actions qualifies as a significant regulatory action. 6. (d) Requirement for Waiver.--A waiver shall not be effective unless the written waiver and the written request of the agency are publicly available on the website of the Office of Management and Budget. 7. (2) Costs.--The term ``costs'' means opportunity cost to society. (3) Cost savings.--The term ``cost savings'' means the cost imposed by a regulatory action that is eliminated by the repeal, replacement, or modification of such regulatory action.

SHORT TITLE; TABLE OF CONTENTS. 1. Sense of Congress; purpose. Establishing regulatory reform capacity. Accountability. Regulatory planning and budget. Waiver. Sec. Definitions. In addition to the management of the direct expenditure of taxpayer dollars through the budgeting process, it is essential to manage the costs associated with the governmental imposition of private expenditures required to comply with Federal regulations. (b) Purpose.--The purpose of this Act is-- (1) to remove unnecessary or outdated regulations when a new significant regulation is issued; and (2) to prudently manage and control the cost of planned regulations through an annual budgeting process. 3. (a) Regulatory Reform Officers.-- (1) In general.--Except as provided for under section 6, not later than 60 days after the date of the enactment of this Act, the head of each agency shall designate an employee or officer of the agency as the Regulatory Reform Officer (in this Act referred to as the ``agency RRO''). (2) Duties.--In accordance with applicable law and in consultation with relevant senior agency officials, each agency RRO shall oversee-- (A) the implementation of regulatory reform initiatives and policies for the agency to ensure that the agency effectively carries out regulatory reforms; and (B) the termination of programs and activities that derive from or implement statutes, Executive orders, guidance documents, policy memoranda, rule interpretations, and similar documents, or relevant portions thereof, that have been repealed or rescinded. (2) Chair.--Unless otherwise designated by the head of the agency, the agency RRO shall chair the Task Force of the agency. (3) Joint task forces.--For the consideration of a joint rulemaking, the Director may form a joint regulatory reform task force composed of at least one member from the Task Force of each relevant agency. Each agency RRO and Task Force may-- (1) incorporate specific suggestions from stakeholders in identifying the list of deregulatory actions to recommend to the head of the agency; and (2) accept or solicit input from the public in any manner, if-- (A) the process is transparent to the public and Congress; (B) a list of each meeting, a list of each stakeholder that submitted a comment, and a copy of each written comment are made publicly available online; and (C) the Task Force issues a public notice of any public meeting to solicit input not less than 7 days before the public meeting and makes detailed minutes of the meeting available online not less than 7 days after the date of the meeting. (D) A list of all activities conducted under subsection (c), a summary of all comments received, and a hyperlink to copies of each public comment received. 4. (2) OMB guidance.--The Director shall issue, and update as necessary, guidance regarding the implementation of this subsection. (b) Performance Assessment.--The head of each agency shall consider the progress implementing this Act in assessing the performance of the Task Force of the agency and those individuals responsible for developing and issuing agency rules. (a) Unified Agenda and Annual Regulatory Plan.-- (1) Unified regulatory agenda.--During the months of April and October of each year, the Director shall publish a unified regulatory agenda, which shall include-- (A) regulatory and deregulatory actions under development or review at agencies; (B) a Federal regulatory plan of all significant regulatory actions and associated deregulatory actions that agencies reasonably expect to issue in proposed or final form in the current and following fiscal year; and (C) all information required to be included in the regulatory flexibility agenda under section 602 of title 5, United States Code. (v) The name and contact information for a knowledgeable agency official. (II) The legal authority for the action. (IV) The agency's schedule for the action. (iii) The estimated benefits. (vi) An estimate of the economic effects, including any estimate of the net effect that such action will have on the number of jobs in the United States, that was considered in drafting the action, or, if such estimate is not available, a statement affirming that no information on the economic effects, including the effect on the number of jobs, of the action has been considered. (C) Information required under section 602 of title 5, United States Code. (3) Balance rollover of incremental regulatory cost allowance.--If an agency does not exhaust all of the incremental regulatory cost allowance for a fiscal year, the balance may be added to the incremental regulatory cost allowance for the subsequent fiscal year, without increasing the incremental regulatory costs allowed for the Federal Government for the subsequent fiscal year. (B) Standards for determining what qualifies as a deregulatory action. (E) Methods to oversee the issuance of significant regulatory actions offset by cost savings achieved at different times or by different agencies. (G) Standards by which the Director will determine whether a regulatory action or a collection of regulatory actions qualifies as a significant regulatory action. 6. (d) Requirement for Waiver.--A waiver shall not be effective unless the written waiver and the written request of the agency are publicly available on the website of the Office of Management and Budget. 7. (2) Costs.--The term ``costs'' means opportunity cost to society. (3) Cost savings.--The term ``cost savings'' means the cost imposed by a regulatory action that is eliminated by the repeal, replacement, or modification of such regulatory action.

H.R.502

Health

Medicare Dental Benefit Act of 2021 This bill provides for Medicare coverage of dental and oral health services, including routine diagnostic and preventive services, basic and major dental services, and emergency care; dental prostheses are also covered. Currently, such services are excluded from Medicare coverage.

To amend title XVIII of the Social Security Act to provide for coverage of dental services under the Medicare program. 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 ``Medicare Dental Benefit Act of 2021''. SEC. 2. COVERAGE OF DENTAL SERVICES UNDER THE MEDICARE PROGRAM. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' at the end; (2) in subparagraph (HH), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) dental and oral health services (as defined in subsection (lll));''. (b) Dental and Oral Health Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Dental and Oral Health Services ``(lll) The term `dental and oral health services' means services (as defined by the Secretary) that are necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions, including-- ``(1) routine diagnostic and preventive care such as dental cleanings, exams, and x-rays; ``(2) basic dental services such as fillings and extractions; ``(3) major dental services such as root canals, crowns, and dentures; ``(4) emergency dental care; and ``(5) other necessary services related to dental and oral health (as defined by the Secretary).''. (c) Coverage of Routine Diagnostic and Preventive Care as a Preventive Service.--Section 1861(ddd)(3) of the Social Security Act (42 U.S.C. 1395x(ddd)(3)) is amended by adding at the end the following new subparagraph: ``(D) Dental and oral health services described in paragraph (1) of subsection (lll), relating to routine diagnostic and preventive care.''. (d) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``and (EE) with respect to dental and oral health services (as defined in section 1861(lll), other than those services described in paragraph (1) of such section), the amount paid shall be the payment amount specified under section 1834(z).''. (2) Payment and limits specified.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Payment and Limits for Dental and Oral Health Services.-- ``(1) In general.--The payment amount under this part for dental and oral health services (as defined in section 1861(lll), other than those services described in paragraph (1) of such section) shall be, subject to paragraph (3), the applicable percentage (specified in paragraph (2)) of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848. ``(2) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), subject to subparagraph (B), the applicable percentage specified in this paragraph is-- ``(i) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; ``(ii) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and ``(iii) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. ``(B) Special rule for certain low-income individuals.--For purposes of paragraph (1), with respect to dental and oral health services described in such paragraph that are furnished to an individual who is a subsidy eligible individual (as defined in section 1860D-14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA-PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this subsection and each subsequent year, the applicable percent specified in this paragraph is 80 percent. ``(3) Limitations and secretarial authority.-- ``(A) Frequency.--With respect to dental and oral health services that are-- ``(i) routine dental cleanings, payment may be made under this part for only two such cleanings during a 12-month period; and ``(ii) routine exams, payment may be made under this part for only two such exams during a 12-month period. ``(B) Secretarial authority.-- ``(i) Authority to apply additional limitations.--The Secretary may apply such other reasonable limitations on the extent to which dental and oral services are covered under this part, including through application of a prior authorization requirement. ``(ii) Authority to modify coverage.-- Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental and oral health services to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. ``(iii) Authority to waive frequency limitations.--The Secretary may waive any frequency limitation or other limitation as described in this paragraph for an individual (or category of individuals) as determined appropriate by the Secretary.''. (e) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by striking ``risk assessment) ,'' and inserting ``risk assessment), (2)(II),''. (f) Dental Prostheses.-- (1) In general.--Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended-- (A) by striking ``(other than dental)'' and inserting ``(including dental)''; and (B) by striking ``internal body''. (2) Special payment rules.--Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is amended by adding at the end the following new paragraph: ``(23) Payment and limits for dental prostheses.-- ``(A) In general.--The payment amount under this part for dental prostheses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dental prostheses under this section. ``(B) Applicable percent.-- ``(i) In general.--For purposes of subparagraph (A), subject to clause (ii), the applicable percent specified in this subparagraph is-- ``(I) for the first year beginning at least 6 months after the date of the enactment of this paragraph, 0 percent; ``(II) for the year following the year specified in clause (i) and each subsequent year through the seventh year following the year specified in clause (i), the applicable percent specified in this subparagraph for the previous year increased by 10 percentage points; and ``(III) for the eighth year following the year specified in clause (i) and each subsequent year, 80 percent. ``(ii) Special rule for certain low-income individuals.--For purposes of subparagraph (A), with respect to dental prostheses furnished to an individual who is a subsidy eligible individual (as defined in section 1860D- 14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA-PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this paragraph and each subsequent year, the applicable percent specified in this subparagraph is 80 percent. ``(C) Limitations and secretarial authority.-- ``(i) In general.--Payment may be made under this part for an individual for-- ``(I) not more than one full upper and one full lower dental prostheses once every five years; and ``(II) not more than one partial upper dental prostheses and one partial lower dental prostheses once every five years. ``(ii) Secretarial authority.-- ``(I) Authority to apply additional limitations.--The Secretary may apply such other reasonable limitations on the extent to which dental prostheses are covered under this part, including through application of a prior authorization requirement. ``(II) Authority to modify coverage.--Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental prostheses to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. ``(III) Authority to waive frequency limitations.--The Secretary may waive any frequency limitation or other limitation as described in this subparagraph for an individual (or category of individuals) as determined appropriate by the Secretary''. (g) Repeal of Ground for Exclusion.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y) is amended by striking paragraph (12). (h) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2022. SEC. 3. INCREASED FMAP FOR ADDITIONAL EXPENDITURES FOR MEDICARE COST- SHARING FOR DENTAL AND ORAL HEALTH SERVICES. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by striking ``and (ff)'' and inserting ``(ff), and (ii)''; and (2) by adding at the end the following new subsection: ``(ii) Increased FMAP for Additional Expenditures for Medicare Cost-Sharing for Dental and Oral Health Services.--Notwithstanding subsection (b), with respect to the portion of the amounts expended by a State for medical assistance for medicare cost-sharing (as defined in subsection (p)(3)) for qualified medicare beneficiaries described in subsection (p)(1) that is attributable to the coverage under part B of title XVIII of dental and oral health services (as defined in section 1861(lll)), as determined by the Secretary, the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 percent.''. SEC. 4. PREVENTIVE SERVICES TASKFORCE. (a) In General.--Section 915(a)(1) of the Public Health Service Act (42 U.S.C. 299b-4(a)(1)) is amended, in the first sentence, by inserting ``, including at least 1 oral health professional'' after ``expertise''. (b) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2022. <all>

Medicare Dental Benefit Act of 2021

To amend title XVIII of the Social Security Act to provide for coverage of dental services under the Medicare program.

Medicare Dental Benefit Act of 2021

Rep. Barragan, Nanette Diaz

D

CA

This bill provides for Medicare coverage of dental and oral health services, including routine diagnostic and preventive services, basic and major dental services, and emergency care; dental prostheses are also covered. Currently, such services are excluded from Medicare coverage.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. COVERAGE OF DENTAL SERVICES UNDER THE MEDICARE PROGRAM. (b) Dental and Oral Health Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. ``(2) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), subject to subparagraph (B), the applicable percentage specified in this paragraph is-- ``(i) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; ``(ii) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and ``(iii) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. ``(3) Limitations and secretarial authority.-- ``(A) Frequency.--With respect to dental and oral health services that are-- ``(i) routine dental cleanings, payment may be made under this part for only two such cleanings during a 12-month period; and ``(ii) routine exams, payment may be made under this part for only two such exams during a 12-month period. ``(iii) Authority to waive frequency limitations.--The Secretary may waive any frequency limitation or other limitation as described in this paragraph for an individual (or category of individuals) as determined appropriate by the Secretary.''. 1395x(s)(8)) is amended-- (A) by striking ``(other than dental)'' and inserting ``(including dental)''; and (B) by striking ``internal body''. 1395m(a)) is amended by adding at the end the following new paragraph: ``(23) Payment and limits for dental prostheses.-- ``(A) In general.--The payment amount under this part for dental prostheses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dental prostheses under this section. ``(C) Limitations and secretarial authority.-- ``(i) In general.--Payment may be made under this part for an individual for-- ``(I) not more than one full upper and one full lower dental prostheses once every five years; and ``(II) not more than one partial upper dental prostheses and one partial lower dental prostheses once every five years. ``(II) Authority to modify coverage.--Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental prostheses to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. 1395y) is amended by striking paragraph (12). (h) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2022. 3. INCREASED FMAP FOR ADDITIONAL EXPENDITURES FOR MEDICARE COST- SHARING FOR DENTAL AND ORAL HEALTH SERVICES. Section 1905 of the Social Security Act (42 U.S.C. SEC. 4. PREVENTIVE SERVICES TASKFORCE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. COVERAGE OF DENTAL SERVICES UNDER THE MEDICARE PROGRAM. ``(2) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), subject to subparagraph (B), the applicable percentage specified in this paragraph is-- ``(i) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; ``(ii) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and ``(iii) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. ``(iii) Authority to waive frequency limitations.--The Secretary may waive any frequency limitation or other limitation as described in this paragraph for an individual (or category of individuals) as determined appropriate by the Secretary.''. 1395x(s)(8)) is amended-- (A) by striking ``(other than dental)'' and inserting ``(including dental)''; and (B) by striking ``internal body''. 1395m(a)) is amended by adding at the end the following new paragraph: ``(23) Payment and limits for dental prostheses.-- ``(A) In general.--The payment amount under this part for dental prostheses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dental prostheses under this section. ``(C) Limitations and secretarial authority.-- ``(i) In general.--Payment may be made under this part for an individual for-- ``(I) not more than one full upper and one full lower dental prostheses once every five years; and ``(II) not more than one partial upper dental prostheses and one partial lower dental prostheses once every five years. 1395y) is amended by striking paragraph (12). (h) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2022. 3. INCREASED FMAP FOR ADDITIONAL EXPENDITURES FOR MEDICARE COST- SHARING FOR DENTAL AND ORAL HEALTH SERVICES. Section 1905 of the Social Security Act (42 U.S.C. SEC. 4. PREVENTIVE SERVICES TASKFORCE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. COVERAGE OF DENTAL SERVICES UNDER THE MEDICARE PROGRAM. (b) Dental and Oral Health Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x(ddd)(3)) is amended by adding at the end the following new subparagraph: ``(D) Dental and oral health services described in paragraph (1) of subsection (lll), relating to routine diagnostic and preventive care.''. ``(2) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), subject to subparagraph (B), the applicable percentage specified in this paragraph is-- ``(i) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; ``(ii) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and ``(iii) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. ``(3) Limitations and secretarial authority.-- ``(A) Frequency.--With respect to dental and oral health services that are-- ``(i) routine dental cleanings, payment may be made under this part for only two such cleanings during a 12-month period; and ``(ii) routine exams, payment may be made under this part for only two such exams during a 12-month period. ``(iii) Authority to waive frequency limitations.--The Secretary may waive any frequency limitation or other limitation as described in this paragraph for an individual (or category of individuals) as determined appropriate by the Secretary.''. 1395w-4(j)(3)) is amended by striking ``risk assessment) ,'' and inserting ``risk assessment), (2)(II),''. 1395x(s)(8)) is amended-- (A) by striking ``(other than dental)'' and inserting ``(including dental)''; and (B) by striking ``internal body''. 1395m(a)) is amended by adding at the end the following new paragraph: ``(23) Payment and limits for dental prostheses.-- ``(A) In general.--The payment amount under this part for dental prostheses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dental prostheses under this section. ``(ii) Special rule for certain low-income individuals.--For purposes of subparagraph (A), with respect to dental prostheses furnished to an individual who is a subsidy eligible individual (as defined in section 1860D- 14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA-PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this paragraph and each subsequent year, the applicable percent specified in this subparagraph is 80 percent. ``(C) Limitations and secretarial authority.-- ``(i) In general.--Payment may be made under this part for an individual for-- ``(I) not more than one full upper and one full lower dental prostheses once every five years; and ``(II) not more than one partial upper dental prostheses and one partial lower dental prostheses once every five years. ``(ii) Secretarial authority.-- ``(I) Authority to apply additional limitations.--The Secretary may apply such other reasonable limitations on the extent to which dental prostheses are covered under this part, including through application of a prior authorization requirement. ``(II) Authority to modify coverage.--Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental prostheses to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. (g) Repeal of Ground for Exclusion.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y) is amended by striking paragraph (12). (h) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2022. 3. INCREASED FMAP FOR ADDITIONAL EXPENDITURES FOR MEDICARE COST- SHARING FOR DENTAL AND ORAL HEALTH SERVICES. Section 1905 of the Social Security Act (42 U.S.C. SEC. 4. PREVENTIVE SERVICES TASKFORCE.

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 ``Medicare Dental Benefit Act of 2021''. COVERAGE OF DENTAL SERVICES UNDER THE MEDICARE PROGRAM. (b) Dental and Oral Health Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Dental and Oral Health Services ``(lll) The term `dental and oral health services' means services (as defined by the Secretary) that are necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions, including-- ``(1) routine diagnostic and preventive care such as dental cleanings, exams, and x-rays; ``(2) basic dental services such as fillings and extractions; ``(3) major dental services such as root canals, crowns, and dentures; ``(4) emergency dental care; and ``(5) other necessary services related to dental and oral health (as defined by the Secretary).''. 1395x(ddd)(3)) is amended by adding at the end the following new subparagraph: ``(D) Dental and oral health services described in paragraph (1) of subsection (lll), relating to routine diagnostic and preventive care.''. ``(2) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), subject to subparagraph (B), the applicable percentage specified in this paragraph is-- ``(i) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; ``(ii) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and ``(iii) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. ``(3) Limitations and secretarial authority.-- ``(A) Frequency.--With respect to dental and oral health services that are-- ``(i) routine dental cleanings, payment may be made under this part for only two such cleanings during a 12-month period; and ``(ii) routine exams, payment may be made under this part for only two such exams during a 12-month period. ``(iii) Authority to waive frequency limitations.--The Secretary may waive any frequency limitation or other limitation as described in this paragraph for an individual (or category of individuals) as determined appropriate by the Secretary.''. (e) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by striking ``risk assessment) ,'' and inserting ``risk assessment), (2)(II),''. 1395x(s)(8)) is amended-- (A) by striking ``(other than dental)'' and inserting ``(including dental)''; and (B) by striking ``internal body''. 1395m(a)) is amended by adding at the end the following new paragraph: ``(23) Payment and limits for dental prostheses.-- ``(A) In general.--The payment amount under this part for dental prostheses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dental prostheses under this section. ``(ii) Special rule for certain low-income individuals.--For purposes of subparagraph (A), with respect to dental prostheses furnished to an individual who is a subsidy eligible individual (as defined in section 1860D- 14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA-PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this paragraph and each subsequent year, the applicable percent specified in this subparagraph is 80 percent. ``(C) Limitations and secretarial authority.-- ``(i) In general.--Payment may be made under this part for an individual for-- ``(I) not more than one full upper and one full lower dental prostheses once every five years; and ``(II) not more than one partial upper dental prostheses and one partial lower dental prostheses once every five years. ``(ii) Secretarial authority.-- ``(I) Authority to apply additional limitations.--The Secretary may apply such other reasonable limitations on the extent to which dental prostheses are covered under this part, including through application of a prior authorization requirement. ``(II) Authority to modify coverage.--Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental prostheses to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. (g) Repeal of Ground for Exclusion.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y) is amended by striking paragraph (12). (h) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2022. 3. INCREASED FMAP FOR ADDITIONAL EXPENDITURES FOR MEDICARE COST- SHARING FOR DENTAL AND ORAL HEALTH SERVICES. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by striking ``and (ff)'' and inserting ``(ff), and (ii)''; and (2) by adding at the end the following new subsection: ``(ii) Increased FMAP for Additional Expenditures for Medicare Cost-Sharing for Dental and Oral Health Services.--Notwithstanding subsection (b), with respect to the portion of the amounts expended by a State for medical assistance for medicare cost-sharing (as defined in subsection (p)(3)) for qualified medicare beneficiaries described in subsection (p)(1) that is attributable to the coverage under part B of title XVIII of dental and oral health services (as defined in section 1861(lll)), as determined by the Secretary, the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 percent.''. SEC. 4. PREVENTIVE SERVICES TASKFORCE.

H.R.8257

Emergency Management

Department of Homeland Security Appropriations Act, 2023 This bill provides FY2023 appropriations for the Department of Homeland Security (DHS). Specifically, the bill provides appropriations to DHS for Departmental Management, Intelligence, Situational Awareness, and Oversight, including In addition, the bill provides appropriations for Security, Enforcement, and Investigations, including The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including The bill provides appropriations for Research, Development, Training, and Services, including The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2023, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2023, and for other purposes, namely: TITLE I DEPARTMENTAL MANAGEMENT, INTELLIGENCE, SITUATIONAL AWARENESS, AND OVERSIGHT Office of the Secretary and Executive Management operations and support For necessary expenses of the Office of the Secretary and for executive management for operations and support, $346,717,000; of which $28,570,000 shall be for the Office of the Ombudsman for Immigration Detention, of which $5,000,000 shall remain available until September 30, 2024: Provided, That not to exceed $30,000 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Office of the Secretary and for executive management for procurement, construction, and improvements, $8,048,000, which shall remain available until September 30, 2025. federal assistance (including transfer of funds) For necessary expenses of the Office of the Secretary and for executive management for Federal assistance through grants, contracts, cooperative agreements, and other activities, $40,000,000, which shall be transferred to ``Federal Emergency Management Agency--Federal Assistance'', of which $20,000,000 shall be for targeted violence and terrorism prevention grants and of which $20,000,000 shall be for the Alternatives to Detention Case Management program, to remain available until September 30, 2024. Management Directorate operations and support For necessary expenses of the Management Directorate for operations and support, including vehicle fleet modernization, $1,787,000,000, of which $76,000,000 shall remain available until September 30, 2024: Provided, That not to exceed $2,000 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Management Directorate for procurement, construction, and improvements, $597,378,000, of which $182,378,000 shall remain available until September 30, 2025, and of which $415,000,000 shall remain available until September 30, 2027. federal protective service The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and for the operations of the Federal Protective Service. Intelligence, Analysis, and Situational Awareness operations and support For necessary expenses of the Office of Intelligence and Analysis and the Office of Homeland Security Situational Awareness for operations and support, $341,159,000, of which $119,792,000 shall remain available until September 30, 2024: Provided, That not to exceed $3,825 shall be for official reception and representation expenses and not to exceed $2,000,000 is available for facility needs associated with secure space at fusion centers, including improvements to buildings. Office of the Inspector General operations and support For necessary expenses of the Office of the Inspector General for operations and support, $218,379,000: Provided, That not to exceed $300,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. Administrative Provisions (including transfer of funds) Sec. 101. (a) The Secretary of Homeland Security shall submit a report not later than October 15, 2023, to the Inspector General of the Department of Homeland Security listing all grants and contracts awarded by any means other than full and open competition during fiscal years 2022 or 2023. (b) The Inspector General shall review the report required by subsection (a) to assess departmental compliance with applicable laws and regulations and report the results of that review to the Committees on Appropriations of the Senate and the House of Representatives not later than February 15, 2024. Sec. 102. Not later than 30 days after the last day of each month, the Chief Financial Officer of the Department of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a monthly budget and staffing report that includes total obligations of the Department for that month and for the fiscal year at the appropriation and program, project, and activity levels, by the source year of the appropriation. Sec. 103. The Secretary of Homeland Security shall require that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes, which shall be specified in terms of cost, schedule, and performance. Sec. 104. (a) The Secretary of Homeland Security, in consultation with the Secretary of the Treasury, shall notify the Committees on Appropriations of the Senate and the House of Representatives of any proposed transfers of funds available under section 9705(g)(4)(B) of title 31, United States Code, from the Department of the Treasury Forfeiture Fund to any agency within the Department of Homeland Security. (b) None of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the House of Representatives are notified of the proposed transfer. Sec. 105. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Office of the Secretary. Sec. 106. (a) The Under Secretary for Management shall brief the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days after the end of each fiscal quarter on all Level 1 and Level 2 acquisition programs on the Master Acquisition Oversight list between Acquisition Decision Event 1 and Full Operational Capability, including programs that have been removed from such list during the preceding quarter. (b) For each such program, the briefing described in subsection (a) shall include-- (1) a description of the purpose of the program, including the capabilities being acquired and the component(s) sponsoring the acquisition; (2) the total number of units, as appropriate, to be acquired annually until procurement is complete under the current acquisition program baseline; (3) the Acquisition Review Board status, including-- (A) the current acquisition phase by increment, as applicable; (B) the date of the most recent review; and (C) whether the program has been paused or is in breach status; (4) a comparison between the initial Department-approved acquisition program baseline cost, schedule, and performance thresholds and objectives and the program's current such thresholds and objectives, if applicable; (5) the lifecycle cost estimate, including-- (A) the confidence level for the estimate; (B) the fiscal years included in the estimate; (C) a breakout of the estimate for the prior five years, the current year, and the budget year; (D) a breakout of the estimate by appropriation account or other funding source; and (E) a description of and rationale for any changes to the estimate as compared to the previously approved baseline, as applicable, and during the prior fiscal year; (6) a summary of the findings of any independent verification and validation of the items to be acquired or an explanation for why no such verification and validation has been performed; (7) a table displaying the obligation of all program funds by prior fiscal year, the estimated obligation of funds for the current fiscal year, and an estimate for the planned carryover of funds into the subsequent fiscal year; (8) a listing of prime contractors and major subcontractors; and (9) narrative descriptions of risks to cost, schedule, or performance that could result in a program breach if not successfully mitigated. (c) The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the Senate and the House of Representatives not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary. Sec. 107. (a) None of the funds made available to the Department of Homeland Security in this Act or prior appropriations Acts may be obligated for any new pilot or demonstration program unless the component or office carrying out such pilot or program has documented the information described in subsection (c). (b) Prior to the obligation of any such funds made available for ``Operations and Support'' for a new operational pilot or demonstration program, the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives on the information described in subsection (c). (c) The information required under subsections (a) and (b) for a new pilot or program shall include the following-- (1) documented objectives that are well-defined and measurable; (2) an assessment methodology that details-- (A) the type and source of assessment data; (B) the methods for and frequency of collecting such data; and (C) how such data will be analyzed; and (3) an implementation plan, including milestones, a cost estimate, and schedule, including an end date. (d) Not later than 90 days after the date of completion of a pilot or program described in subsection (e), the Under Secretary for Management shall provide a report to the Committees on Appropriations of the Senate and the House of Representatives detailing lessons learned, actual costs, any planned expansion or continuation of the pilot or program, and any planned transition of such pilot or program into an enduring program or operation. (e) For the purposes of this section, a pilot or demonstration program is a policy implementation, study, demonstration, experimental program, or trial that-- (1) is a small-scale, short-term experiment conducted in order to evaluate feasibility, duration, costs, or adverse events, and improve upon the design of an effort prior to implementation of a larger scale effort; and (2) uses more than 5 full-time equivalents or obligates more than $1,000,000. Sec. 108. Of the amount made available by section 4005 of the American Rescue Plan Act of 2021 (Public Law 117-2), $14,000,000 shall be transferred to ``Office of Inspector General--Operations and Support'' for oversight of the use of funds made available under such section 4005. TITLE II SECURITY, ENFORCEMENT, AND INVESTIGATIONS U.S. Customs and Border Protection operations and support (including transfer of funds) For necessary expenses of U.S. Customs and Border Protection for operations and support, including the transportation of unaccompanied alien minors; the provision of air and marine support to Federal, State, local, and international agencies in the enforcement or administration of laws enforced by the Department of Homeland Security; at the discretion of the Secretary of Homeland Security, the provision of such support to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts; the purchase and lease of up to 7,500 (6,500 for replacement only) police-type vehicles; the purchase, maintenance, or operation of marine vessels, aircraft, and unmanned aerial systems; and contracting with individuals for personal services abroad; $14,690,501,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which $200,000,000 shall be available until September 30, 2024; and of which such sums as become available in the Customs User Fee Account, except sums subject to section 13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account: Provided, That not to exceed $34,425 shall be for official reception and representation expenses: Provided further, That not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations: Provided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That not to exceed $5,000,000 may be transferred to the Bureau of Indian Affairs for the maintenance and repair of roads on Native American reservations used by the U.S. Border Patrol. procurement, construction, and improvements For necessary expenses of U.S. Customs and Border Protection for procurement, construction, and improvements, including procurement of marine vessels, aircraft, and unmanned aerial systems, $547,539,000, of which $402,180,000 shall remain available until September 30, 2025; and of which $145,359,000 shall remain available until September 30, 2027. U.S. Immigration and Customs Enforcement operations and support For necessary expenses of U.S. Immigration and Customs Enforcement for operations and support, including the purchase and lease of up to 3,790 (2,350 for replacement only) police-type vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities; $8,298,567,000; of which not less than $6,000,000 shall remain available until expended for efforts to enforce laws against forced child labor; of which $46,696,000 shall remain available until September 30, 2024; of which not less than $1,500,000 is for paid apprenticeships for participants in the Human Exploitation Rescue Operative Child-Rescue Corps; of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation of the National Intellectual Property Rights Coordination Center; of which not less than $13,500,000 shall be used for providing financial assistance for operational, administrative, salary reimbursement, and technology costs associated with participation of Federal, State, local, tribal, and territorial law enforcement officers on the Homeland Security Investigations Border Enforcement Security Task Force; and of which $3,923,433,000 shall be for enforcement, detention, and removal operations, including support for joint processing centers and transportation of unaccompanied alien minors: Provided, That not to exceed $11,475 shall be for official reception and representation expenses: Provided further, That not to exceed $10,000,000 shall be available until expended for conducting special operations under section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081): Provided further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That not to exceed $11,216,000 shall be available to fund or reimburse other Federal agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United States: Provided further, That of the amounts made available under this heading for Executive Leadership and Oversight, $5,000,000 shall not be available for obligation until the reports directed under this heading in the explanatory statements accompanying Public Laws 116-6, 116-93, and 117-103 have been submitted to the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That the amount made available under this heading for Executive Leadership and Oversight shall be reduced each month by $25,000 for each day after the required date that the briefing described in section 219 has not been provided to the Committees on Appropriations of the Senate and the House of Representatives. procurement, construction, and improvements For necessary expenses of U.S. Immigration and Customs Enforcement for procurement, construction, and improvements, $97,762,000, of which $22,997,000 shall remain available until September 30, 2025, and of which $74,765,000 shall remain available until September 30, 2027. Transportation Security Administration operations and support For necessary expenses of the Transportation Security Administration for operations and support, $9,244,863,000, to remain available until September 30, 2024: Provided, That not to exceed $7,650 shall be for official reception and representation expenses: Provided further, That security service fees authorized under section 44940 of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: Provided further, That the sum appropriated under this heading from the general fund shall be reduced on a dollar-for- dollar basis as such offsetting collections are received during fiscal year 2023 so as to result in a final fiscal year appropriation from the general fund estimated at not more than $6,754,863,000. procurement, construction, and improvements For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements, $141,689,000, to remain available until September 30, 2025. research and development For necessary expenses of the Transportation Security Administration for research and development, $33,532,000, to remain available until September 30, 2024. Coast Guard operations and support For necessary expenses of the Coast Guard for operations and support including the Coast Guard Reserve; purchase or lease of not to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of not more than $700,000) and repairs and service-life replacements, not to exceed a total of $31,000,000; purchase, lease, or improvements of boats necessary for overseas deployments and activities; payments pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; $9,751,469,000, of which $530,000,000 shall be for defense- related activities; of which $24,500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which $6,000,000 shall remain available until September 30, 2025; of which $28,386,000 shall remain available until September 30, 2027, for environmental compliance and restoration; and of which $70,000,000 shall remain available until September 30, 2024, which shall only be available for vessel depot level maintenance: Provided, That not to exceed $23,000 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Coast Guard for procurement, construction, and improvements, including aids to navigation, shore facilities (including facilities at Department of Defense installations used by the Coast Guard), and vessels and aircraft, including equipment related thereto, $2,301,050,000, to remain available until September 30, 2027; of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)). research and development For necessary expenses of the Coast Guard for research and development; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; $7,476,000, to remain available until September 30, 2025, of which $500,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation. retired pay For retired pay, including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose, payments under the Retired Serviceman's Family Protection and Survivor Benefits Plans, payment for career status bonuses, payment of continuation pay under section 356 of title 37, United States Code, concurrent receipts, combat-related special compensation, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $2,044,414,000, to remain available until expended. United States Secret Service operations and support For necessary expenses of the United States Secret Service for operations and support, including purchase of not to exceed 652 vehicles for police-type use; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; rental of buildings in the District of Columbia; fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control, as may be necessary to perform protective functions; conduct of and participation in firearms matches; presentation of awards; conduct of behavioral research in support of protective intelligence and operations; payment in advance for commercial accommodations as may be necessary to perform protective functions; and payment, without regard to section 5702 of title 5, United States Code, of subsistence expenses of employees who are on protective missions, whether at or away from their duty stations; $2,645,596,000; of which $52,296,000 shall remain available until September 30, 2024, and of which $6,000,000 shall be for a grant for activities related to investigations of missing and exploited children; and of which up to $17,000,000 may be for calendar year 2022 premium pay in excess of the annual equivalent of the limitation on the rate of pay contained in section 5547(a) of title 5, United States Code, pursuant to section 2 of the Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547 note), as last amended by Public Law 116-269: Provided, That not to exceed $19,125 shall be for official reception and representation expenses: Provided further, That not to exceed $100,000 shall be to provide technical assistance and equipment to foreign law enforcement organizations in criminal investigations within the jurisdiction of the United States Secret Service. procurement, construction, and improvements For necessary expenses of the United States Secret Service for procurement, construction, and improvements, $77,888,000, to remain available until September 30, 2025. research and development For necessary expenses of the United States Secret Service for research and development, $4,025,000, to remain available until September 30, 2024. Administrative Provisions (including transfer of funds) Sec. 201. Section 201 of the Department of Homeland Security Appropriations Act, 2018 (division F of Public Law 115-141), related to overtime compensation limitations, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act, except that ``fiscal year 2023'' shall be substituted for ``fiscal year 2018''. Sec. 202. Funding made available under the headings ``U.S. Customs and Border Protection--Operations and Support'' and ``U.S. Customs and Border Protection--Procurement, Construction, and Improvements'' shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin Islands, in addition to funding provided by sections 740 and 1406i of title 48, United States Code. Sec. 203. As authorized by section 601(b) of the United States- Colombia Trade Promotion Agreement Implementation Act (Public Law 112- 42), fees collected from passengers arriving from Canada, Mexico, or an adjacent island pursuant to section 13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be available until expended. Sec. 204. (a) For an additional amount for ``U.S. Customs and Border Protection--Operations and Support'', $31,000,000, to remain available until expended, to be reduced by amounts collected and credited to this appropriation in fiscal year 2023 from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114-25), or other such authorizing language. (b) To the extent that amounts realized from such collections exceed $31,000,000, those amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended. Sec. 205. None of the funds made available in this Act for U.S. Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that complies with the Federal Food, Drug, and Cosmetic Act: Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription drug, not to exceed a 90-day supply: Provided further, That the prescription drug may not be-- (1) a controlled substance, as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or (2) a biological product, as defined in section 351 of the Public Health Service Act (42 U.S.C. 262). Sec. 206. (a) Notwithstanding any other provision of law, none of the funds provided in this or any other Act shall be used to approve a waiver of the navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, for the transportation of crude oil distributed from and to the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes adequate measures to ensure the use of United States flag vessels. (b) The Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives within 2 business days of any request for waivers of navigation and vessel-inspection laws pursuant to section 501(b) of title 46, United States Code, with respect to such transportation, and the disposition of such requests. Sec. 207. (a) Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall not-- (1) establish, collect, or otherwise impose any new border crossing fee on individuals crossing the Southern border or the Northern border at a land port of entry; or (2) conduct any study relating to the imposition of a border crossing fee. (b) In this section, the term ``border crossing fee'' means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry. Sec. 208. (a) Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit an expenditure plan for any amounts made available for ``U.S. Customs and Border Protection--Procurement, Construction, and Improvements'' in this Act and prior Acts to the Committees on Appropriations of the Senate and the House of Representatives. (b) No such amounts may be obligated prior to the submission of such plan. Sec. 209. Federal funds may not be made available for the construction of fencing-- (1) within the Santa Ana Wildlife Refuge; (2) within the Bentsen-Rio Grande Valley State Park; (3) within La Lomita Historical park; (4) within the National Butterfly Center; (5) within or east of the Vista del Mar Ranch tract of the Lower Rio Grande Valley National Wildlife Refuge; (6) within any cemetery designated as a historic cemetery under State law or regulation; (7) within the San Ygnacio Bird Sanctuary & Riverfront; or (8) within the Salineno Wildlife Preserve. Sec. 210. (a) The unobligated balances of amounts specified in paragraphs (1) through (5) of section 230(a) of division F of the Consolidated Appropriations Act, 2018 (Public Law 115-141), section 230(a)(1) of division A of the Consolidated Appropriations Act, 2019 (Public Law 116-6), section 209(a)(1) of division D of the Consolidated Appropriations Act, 2020 (Public Law 116-93), and section 210 of division F of the Consolidated Appropriations Act, 2021 (Public Law 116-260) shall, in addition to the purposes for which they were originally appropriated, be available for-- (1) the construction and improvement of roads along the southwest border; (2) control of vegetation along the southwest border that creates obstacles to the detection of illegal entry; (3) remediation and environmental mitigation, including scientific studies, related to border barrier construction, including barrier construction undertaken by the Department of Defense; and (4) the acquisition and deployment of border security technology at and between ports of entry along the southwest border. (b) Amounts repurposed by this section shall be in addition to any other amounts made available for such purposes. Sec. 211. The Secretary of Homeland Security may transfer up to $100,000,000 in unobligated balances available from prior appropriations Acts under the heading ``U.S. Customs and Border Protection--Procurement, Construction, and Improvements'' to the Department of the Interior (including any agency or bureau within the Department of the Interior) or the Forest Service within the Department of Agriculture for the execution of environmental and other mitigation projects or activities, including the acquisition of land and scientific studies, related to the construction of border barriers on the southwest border during fiscal years 2017 through 2021 by U.S. Customs and Border Protection and the Department of Defense. Sec. 212. Section 230(b) of division F of the Consolidated Appropriations Act, 2018 (Public Law 115-141), section 230(b) of division A of the Consolidated Appropriations Act, 2019 (Public Law 116-6), section 209(b) of division D of the Consolidated Appropriations Act, 2020 (Public Law 116-93) (including with respect to section 210 of division F of the Consolidated Appropriations Act, 2021 (Public Law 116-260)) shall no longer apply. Sec. 213. None of the funds provided under the heading ``U.S. Immigration and Customs Enforcement--Operations and Support'' may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated. Sec. 214. (a) None of the funds provided under the heading ``U.S. Immigration and Customs Enforcement--Operations and Support'' may be used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than ``adequate'' or the equivalent median score in any subsequent performance evaluation system. (b) The performance evaluations referenced in subsection (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Responsibility. Sec. 215. Without regard to the limitation as to time and condition of section 503(d) of this Act, the Secretary may reprogram within and transfer funds to ``U.S. Immigration and Customs Enforcement--Operations and Support'' as necessary to ensure the detention of aliens prioritized for removal. Sec. 216. The reports required to be submitted by U.S. Immigration and Customs Enforcement, related to immigration enforcement, under section 216 of the Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116-260), and section 218 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116-260) shall continue to be submitted semimonthly and each matter required to be included in each such report by such section 216 shall apply in the same manner and to the same extent. Sec. 217. No Federal funds may be used to place in detention, remove, refer for a decision whether to initiate removal proceedings, or initiate removal proceedings against any individual-- (1) based on information provided to a Federal employee or contractor related to facilitating the sponsorship of an unaccompanied alien child (as defined in section 462(g) of the Homeland Security Act of 2002 (6 U.S.C. 279(g))) or the reunification of such child with a family member; or (2) based on information gathered in therapy sessions conducted while in the care of the Office of Refugee Resettlement of the Department of Health and Human Services. Sec. 218. The terms and conditions of section 217 of the Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116--93), related to reporting on the U.S. Customs and Immigration Enforcement 287(g) program, shall apply to this Act. Sec. 219. Beginning not later than 30 calendar days after the date of enactment of this Act and not later than the 21st day of each month thereafter, the Director of Immigration and Customs Enforcement (or the Director's designee) shall provide a briefing to the Committees on Appropriations of the Senate and the House of Representatives on obligations and on-board staffing levels at both the account and the program, project, and activity level for the prior two fiscal years and the current fiscal year, to-date, and projected obligations and staffing levels by month for the remainder of the current fiscal year. Sec. 220. (a) None of the funds provided under the heading ``U.S. Immigration and Customs Enforcement--Operations and Support'' may be used to engage in civil immigration enforcement activities, such as arrests, expulsions, custodial detentions, removals, or referrals, processing, or issuance of charging documents, using Homeland Security Investigations personnel, resources, or capabilities, absent probable cause that the individual facing such enforcement action has committed a criminal offense, excluding state, local, or Federal offenses for which an essential element was the noncitizen's immigration status. (b) For the purposes of this section, criminal offenses for which an essential element was the noncitizen's immigration status includes, but is not limited to, offenses identified in sections 264, 266(a), 266(b), 275, or 276 of the Immigration and Nationality Act and state and local offenses for which an essential element was the noncitizen's immigration status. Sec. 221. (a) No Federal funds may be used for the purposes of section 6(d) of Public Law 81-626 (8 U.S.C. 1555(d)). (b) Subsection (a) shall not apply if the rate described such section for work performed is not less than the rates established under paragraph (1) of section 6703 of title 41, United States Code. Sec. 222. Members of the United States House of Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office of Management and Budget, shall not be exempt from Federal passenger and baggage screening. Sec. 223. Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness. Sec. 224. Notwithstanding section 44923 of title 49, United States Code, for fiscal year 2023, any funds in the Aviation Security Capital Fund established by section 44923(h) of title 49, United States Code, may be used for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described in section 44923(a) of such title. Sec. 225. Not later than 45 days after the submission of the President's budget proposal, the Administrator of the Transportation Security Administration shall submit to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate and the Committees on Appropriations and Homeland Security in the House of Representatives a single report that fulfills the following requirements: (1) a Capital Investment Plan, both constrained and unconstrained, that includes a plan for continuous and sustained capital investment in new, and the replacement of aged, transportation security equipment; (2) the 5-year technology investment plan as required by section 1611 of title XVI of the Homeland Security Act of 2002, as amended by section 3 of the Transportation Security Acquisition Reform Act (Public Law 113-245); and (3) the Advanced Integrated Passenger Screening Technologies report as required by the Senate Report accompanying the Department of Homeland Security Appropriations Act, 2019 (Senate Report 115-283). Sec. 226. Section 225 of division A of Public Law 116-6 (49 U.S.C. 44901 note), relating to a pilot program for screening outside of an existing primary passenger terminal screening area, is amended in subsection (e) by striking ``2023'' and inserting ``2025''. Sec. 227. (a) None of the funds made available by this Act under the heading ``Coast Guard--Operations and Support'' shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading ``Coast Guard--Operations and Support''. (b) To the extent such fees are insufficient to pay expenses of recreational vessel documentation under such section 12114, and there is a backlog of recreational vessel applications, personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United States Code, may perform documentation under section 12114. Sec. 228. Without regard to the limitation as to time and condition of section 503(d) of this Act, after June 30, in accordance with the notification requirement described in subsection (b) of such section, up to the following amounts may be reprogrammed within ``Coast Guard--Operations and Support''-- (1) $10,000,000 to or from the ``Military Personnel'' funding category; and (2) $10,000,000 between the ``Field Operations'' funding subcategories. Sec. 229. Notwithstanding any other provision of law, the Commandant of the Coast Guard shall submit to the Committees on Appropriations of the Senate and the House of Representatives a future- years capital investment plan as described in the second proviso under the heading ``Coast Guard--Acquisition, Construction, and Improvements'' in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114-4), which shall be subject to the requirements in the third and fourth provisos under such heading. Sec. 230. Of the funds made available for defense-related activities under the heading ``Coast Guard--Operations and Support'', up to $190,000,000 that are used for enduring overseas missions in support of the global fight against terrorism may be reallocated by program, project, and activity, notwithstanding section 503 of this Act. Sec. 231. Amounts deposited into the Coast Guard Housing Fund in fiscal year 2023 shall be available until expended to carry out the purposes of section 2946 of title 14, United States Code, and shall be in addition to funds otherwise available for such purposes. Sec. 232. (a) Notwithstanding section 2110 of title 46, United States Code, none of the funds made available in this Act may be used to charge a fee for an inspection of a towing vessel, as defined in 46 CFR Section 136.110, that utilizes the Towing Safety Management System option for a Certificate of Inspection issued under subchapter M of title 46, Code of Federal Regulations. (b) Subsection (a) shall not apply after the date the Commandant of the Coast Guard makes a determination under section 815(a) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (Public Law 115-282) and, as necessary based on such determination, carries out the requirements of subsection 815(b) of such Act. Sec. 233. The United States Secret Service is authorized to obligate funds in anticipation of reimbursements from executive agencies, as defined in section 105 of title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year shall not exceed total budgetary resources available under the heading ``United States Secret Service--Operations and Support'' at the end of the fiscal year. Sec. 234. (a) None of the funds made available to the United States Secret Service by this Act or by previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary of Homeland Security. (b) The Director of the United States Secret Service may enter into agreements to provide such protection on a fully reimbursable basis. Sec. 235. For purposes of section 503(a)(3) of this Act, up to $15,000,000 may be reprogrammed within ``United States Secret Service-- Operations and Support''. Sec. 236. Funding made available in this Act for ``United States Secret Service--Operations and Support'' is available for travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures in this or any other Act if the Director of the United States Secret Service or a designee notifies the Committees on Appropriations of the Senate and the House of Representatives 10 or more days in advance, or as early as practicable, prior to such expenditures. Sec. 237. Subject to any legal limitations on continued detention, none of the funds made available by this Act may be used to release removable aliens into the United States until the Secretary of Homeland Security has determined whether that person is included in the terrorist screening database and whether the National Crime Information Center includes any active wants or warrants in the jurisdiction where such alien is to be released. Sec. 238. None of the funds made available in this Act may be used to pay the salaries or expenses of personnel to process aliens encountered at the United States border under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), if such alien would have been processed under section 362 and section 365 of the Public Health Service Act (42 U.S.C. 265 and 268) as of January 19, 2021, until 180 days after date on which the public health emergency relating to the Coronavirus Disease 2019 pandemic, declared under section 319 of such Act (42 U.S.C. 247d) on January 31, 2020, and any continuation of such declaration (including the continuation described in Proclamation 9994 on February 24, 2021) has been terminated. TITLE III PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY Cybersecurity and Infrastructure Security Agency operations and support For necessary expenses of the Cybersecurity and Infrastructure Security Agency for operations and support, $2,373,213,000, of which $28,293,000, shall remain available until September 30, 2024: Provided, That not to exceed $5,500 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Cybersecurity and Infrastructure Security Agency for procurement, construction, and improvements, $547,148,000, of which $520,048,000 shall remain available until September 30, 2025, and of which $27,100,000 shall remain available until September 30, 2027. research and development For necessary expenses of the Cybersecurity and Infrastructure Security Agency for research and development, $7,431,000, to remain available until September 30, 2024. Federal Emergency Management Agency operations and support For necessary expenses of the Federal Emergency Management Agency for operations and support, $1,414,461,000: Provided, That not to exceed $2,250 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Federal Emergency Management Agency for procurement, construction, and improvements, $203,730,000, of which $126,425,000 shall remain available until September 30, 2025, and of which $77,305,000 shall remain available until September 30, 2027. federal assistance For activities of the Federal Emergency Management Agency for Federal assistance through grants, contracts, cooperative agreements, and other activities, $4,051,619,000, which shall be allocated as follows: (1) $520,000,000 for the State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605), of which $90,000,000 shall be for Operation Stonegarden, $15,000,000 shall be for Tribal Homeland Security Grants under section 2005 of the Homeland Security Act of 2002 (6 U.S.C. 606). Provided, That notwithstanding subsection (c)(4) of such section 2004, for fiscal year 2023, the Commonwealth of Puerto Rico shall make available to local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. (2) $615,000,000 for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604). (3) $360,000,000 for the Nonprofit Security Grant Program under sections 2003 and 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605), of which $180,000,000 is for eligible recipients located in high-risk urban areas that receive funding under section 2003 of such Act and $180,000,000 is for eligible recipients that are located outside such areas: Provided, That eligible recipients are those described in section 2009(b) of such Act (6 U.S.C. 609a(b)) or are an otherwise eligible recipient at risk of a terrorist or other extremist attack. (4) $105,000,000 for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus Security Assistance under sections 1406, 1513, and 1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be for Amtrak security and $2,000,000 shall be for Over-the-Road Bus Security: Provided, That such public transportation security assistance shall be provided directly to public transportation agencies. (5) $100,000,000 for Port Security Grants in accordance with section 70107 of title 46, United States Code. (6) $740,000,000, to remain available until September 30, 2024, of which $370,000,000 shall be for Assistance to Firefighter Grants and $370,000,000 shall be for Staffing for Adequate Fire and Emergency Response Grants under sections 33 and 34 respectively of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a). (7) $370,000,000 for emergency management performance grants under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6, United States Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.). (8) $350,000,000 for necessary expenses for Flood Hazard Mapping and Risk Analysis, in addition to and to supplement any other sums appropriated under the National Flood Insurance Fund, and such additional sums as may be provided by States or other political subdivisions for cost-shared mapping activities under section 1360(f)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain available until expended. (9) $12,000,000 for Regional Catastrophic Preparedness Grants. (10) $280,000,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331), to remain available until September 30, 2024, of which $150,000,000 is for the purposes of providing humanitarian relief to families and individuals encountered by the Department of Homeland Security: Provided, That not to exceed 3.5 percent shall be for total administrative costs. (11) $40,000,000 for the Next Generation Warning System. (12) $247,500,000, to remain available until September 30, 2024, for the purposes, and in the amounts, specified in the table entitled ``Community Project Funding'' under this heading in the report accompanying this Act, in addition to amounts otherwise made available for such purposes; of which $51,856,713 is for emergency operations center grants under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c); of which $173,118,908 is for pre-disaster mitigation grants under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(e), notwithstanding subsections (f), (g), and (l) of that section (42 U.S.C. 5133(f), (g), and (l)); and of which up to $22,524,379 is for management and administration costs of recipients. (13) $312,119,000 to sustain current operations for training, exercises, technical assistance, and other programs. disaster relief fund For necessary expenses in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $19,945,000,000 to remain available until expended, shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is designated by the Congress as being for disaster relief pursuant to section 1(f) of H. Res. 1151 (117th Congress), as engrossed in the House of Representatives on June 8, 2022. national flood insurance fund For activities under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020), $225,000,000, to remain available until September 30, 2024, which shall be derived from offsetting amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which $18,500,000 shall be available for mission support associated with flood management; and of which $206,500,000 shall be available for flood plain management and flood mapping: Provided, That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting collections to this account, to be available for flood plain management and flood mapping: Provided further, That in fiscal year 2023, no funds shall be available from the National Flood Insurance Fund under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of-- (1) $233,700,000 for operating expenses and salaries and expenses associated with flood insurance operations; (2) $960,647,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and (4) $175,000,000, which shall remain available until expended, for flood mitigation actions and for flood mitigation assistance under section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): Provided further, That the amounts collected under section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the National Flood Insurance Act of 1968, notwithstanding section 102(f)(8), section 1366(e) of the National Flood Insurance Act of 1968, and paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total administrative costs shall not exceed 4 percent of the total appropriation: Provided further, That up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033). Administrative Provisions Sec. 301. (a) Notwithstanding section 2008(a)(12) of the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other provision of law, not more than 5 percent of the amount of a grant made available in paragraphs (1) through (5) under ``Federal Emergency Management Agency--Federal Assistance'', may be used by the recipient for expenses directly related to administration of the grant. (b) The authority provided in subsection (a) shall also apply to a state recipient for the administration of a grant under paragraph (3) under such heading for the Nonprofit Security Grant Program. Sec. 302. Notwithstanding clauses (i) through (v) of section 204(e)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C. 605(e)(1)(A)(i) through (v)), for fiscal year 2023, the meaning of ``total funds appropriated for grants under this section and section 2003'' shall not include any funds appropriated for the Nonprofit Security Grant Program under paragraph (3) under the heading ``Federal Emergency Management Agency--Federal Assistance''. Sec. 303. Applications for grants under the heading ``Federal Emergency Management Agency--Federal Assistance'', for paragraphs (1) through (4), shall be made available to eligible applicants not later than 60 days after the date of enactment of this Act, eligible applicants shall submit applications not later than 80 days after the grant announcement, and the Administrator of the Federal Emergency Management Agency shall act within 65 days after the receipt of an application. Sec. 304. (a) Under the heading ``Federal Emergency Management Agency--Federal Assistance'', for grants under paragraphs (1) through (5) and (9), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the Senate and the House of Representatives 5 full business days in advance of announcing publicly the intention of making an award. (b) If any such public announcement is made before 5 full business days have elapsed following such briefing, $1,000,000 of amounts appropriated by this Act for ``Federal Emergency Management Agency-- Operations and Support'' shall be rescinded. Sec. 305. Under the heading ``Federal Emergency Management Agency--Federal Assistance'', for grants under paragraphs (1) and (2), the installation of communications towers is not considered construction of a building or other physical facility. Sec. 306. The reporting requirements in paragraphs (1) and (2) under the heading ``Federal Emergency Management Agency--Disaster Relief Fund'' in the Department of Homeland Security Appropriations Act, 2015 (Public Law 114-4), related to reporting on the Disaster Relief Fund, shall be applied in fiscal year 2023 with respect to budget year 2024 and current fiscal year 2023, respectively-- (1) in paragraph (1) by substituting ``fiscal year 2024'' for ``fiscal year 2016''; and (2) in paragraph (2) by inserting ``business'' after ``fifth''. Sec. 307. In making grants under the heading ``Federal Emergency Management Agency--Federal Assistance'', for Staffing for Adequate Fire and Emergency Response grants, the Administrator of the Federal Emergency Management Agency may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229a). Sec. 308. (a) The aggregate charges assessed during fiscal year 2023, as authorized in title III of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological Emergency Preparedness Program for the next fiscal year. (b) The methodology for assessment and collection of fees shall be fair and equitable and shall reflect costs of providing such services, including administrative costs of collecting such fees. (c) Such fees shall be deposited in a Radiological Emergency Preparedness Program account as offsetting collections and will become available for authorized purposes on October 1, 2023, and remain available until expended. Sec. 309. In making grants under the heading ``Federal Emergency Management Agency--Federal Assistance'', for Assistance to Firefighter Grants, the Administrator of the Federal Emergency Management Agency may waive subsection (k) of section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229). TITLE IV RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES U.S. Citizenship and Immigration Services operations and support For necessary expenses of U.S. Citizenship and Immigration Services for operations and support, including for the E-Verify Program, application processing, the reduction of backlogs within asylum, field, and service center offices, and for the Refugee, Asylum, and International Operations Programs, $653,293,000: Provided, That such amounts shall be in addition to any other amounts made available for such purposes, and shall not be construed to require any reduction of any fee described in section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)): Provided further, That not to exceed $2,500 shall be for official reception and representation expenses: Provided further, That, notwithstanding any other provision of law, not to exceed $20,000,000, to remain available until September 30, 2024, shall be for implementation of the Deferred Action for Childhood Arrivals Program of the Secretary of Homeland Security, established pursuant to the memorandum from the Secretary of Homeland Security entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children', dated June 15, 2012, including for the processing of applications for such program and for work authorization under such program. federal assistance For necessary expenses of U.S. Citizenship and Immigration Services for Federal assistance for the Citizenship and Integration Grant Program, $30,000,000, to remain available until September 30, 2024. Federal Law Enforcement Training Centers operations and support For necessary expenses of the Federal Law Enforcement Training Centers for operations and support, including the purchase of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, $355,247,000, of which $66,665,000 shall remain available until September 30, 2024: Provided, That not to exceed $7,180 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Federal Law Enforcement Training Centers for procurement, construction, and improvements, $41,300,000, to remain available until September 30, 2027, for acquisition of necessary additional real property and facilities, construction and ongoing maintenance, facility improvements and related expenses of the Federal Law Enforcement Training Centers. Science and Technology Directorate operations and support For necessary expenses of the Science and Technology Directorate for operations and support, including the purchase or lease of not to exceed 5 vehicles, $369,107,000, of which $215,397,000 shall remain available until September 30, 2024: Provided, That not to exceed $10,000 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Science and Technology Directorate for procurement, construction, and improvements, $63,716,000, to remain available until September 30, 2027. research and development For necessary expenses of the Science and Technology Directorate for research and development, $530,954,000, to remain available until September 30, 2025. Countering Weapons of Mass Destruction Office operations and support For necessary expenses of the Countering Weapons of Mass Destruction Office for operations and support, $151,970,000, of which $50,446,000 shall remain available until September 30, 2024: Provided, That not to exceed $2,250 shall be for official reception and representation expenses. procurement, construction, and improvements For necessary expenses of the Countering Weapons of Mass Destruction Office for procurement, construction, and improvements, $55,304,000, to remain available until September 30, 2025. research and development For necessary expenses of the Countering Weapons of Mass Destruction Office for research and development, $82,515,000, to remain available until September 30, 2025. federal assistance For necessary expenses of the Countering Weapons of Mass Destruction Office for Federal assistance through grants, contracts, cooperative agreements, and other activities, $139,183,000, to remain available until September 30, 2025. Administrative Provisions Sec. 401. (a) Notwithstanding any other provision of law, funds otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease. (b) The Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas to use such vehicles to travel between the employees' residences and places of employment. Sec. 402. None of the funds appropriated by this Act may be used to process or approve a competition under Office of Management and Budget Circular A-76 for services provided by employees (including employees serving on a temporary or term basis) of U.S. Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers. Sec. 403. Notwithstanding any other provision of law, any Federal funds made available to U.S. Citizenship and Immigration Services may be used for the collection and use of biometrics taken at a U.S. Citizenship and Immigration Services Application Support Center that is overseen virtually by U.S. Citizenship and Immigration Services personnel using appropriate technology. Sec. 404. (a) The numerical limitations in sections 201, 202, and 203 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, and 1153) shall not apply during fiscal year 2023 or during any subsequent fiscal year to an alien described in section 101(a)(27)(J) of that Act (8 U.S.C. 1101(a)(27)(J)) for whom a petition for classification under section 203(b)(4) of that Act (8 U.S.C. 1153(b)(4)) was filed before October 1, 2023. (b) This section shall take effect on June 1, 2023. Sec. 405. (a)(1) Notwithstanding any other provision of law, beginning in fiscal year 2023, the number of family-sponsored immigrant visas that may be issued under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) shall be increased by the number computed under paragraph (2). Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) shall not apply to the additional family-sponsored immigrant visas made available under this paragraph. (2) The number computed under this paragraph is the difference, if any, between-- (A) the difference, if any, between-- (i) the number of visas that were originally made available to family-sponsored immigrants under section 201(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(1)) for fiscal years 1992 through 2021, reduced by any unused visas made available to such immigrants in such fiscal years under section 201(c)(3) of such Act (8 U.S.C. 1151(c)(3)); and (ii) the number of visas described in clause (i) that were issued under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)), or, in accordance with section 201(d)(2)(C) of such Act (8 U.S.C. 1151(d)(2)(C)), under section 203(b) of such Act (8 U.S.C. 1153(b)); and (B) the number of visas resulting from the calculation under subparagraph (A) issued under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) after fiscal year 2022. (3) The number of family-sponsored immigrant visas computed under paragraph (2) that may be issued under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) shall be allotted between the family-sponsored categories at the start of every fiscal year as follows: (A) 10.4 percent to family-sponsored immigrants under section 203(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(1)), plus any visa available under this paragraph not required for subparagraph (E); (B) 38.9 percent to family-sponsored immigrants under section 203(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(A)), plus any visa available under this paragraph not required for subparagraph (A); (C) 11.6 percent to family-sponsored immigrants under section 203(a)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(B)), plus any visa available under this paragraph not required for subparagraphs (A) and (B); (D) 10.4 percent to family-sponsored immigrants under section 203(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(3)), plus any visa available under this paragraph not required for subparagraphs (A) through (C); and (E) 28.7 percent to family-sponsored immigrants under section 203(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(a)(4)), plus any visa available under this paragraph not required for subparagraphs (A) through (D). (b)(1) Notwithstanding any other provision of law, beginning in fiscal year 2023, the number of employment-based immigrant visas that may be issued under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall be increased by the number computed under paragraph (2). Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) shall not apply to the additional employment- based immigrant visas made available under this paragraph. (2) The number computed under this paragraph is the difference, if any, between-- (A) the difference, if any, between-- (i) the number of visas that were originally made available to employment-based immigrants under section 201(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(d)(1)) for fiscal years 1992 through 2022, reduced by any unused visas made available to such immigrants in such fiscal years under section 201(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1151(d)(2)); and (ii) the number of visas described in clause (i) that were issued under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)), or, in accordance with section 201(c)(3)(C) of the immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)), under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); and (B) the number of visas resulting from the calculation under subparagraph (A) issued under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) after fiscal year 2022. (3) The number of employment-based immigrant visas computed under paragraph (2) that may be issued under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall be allotted between the employment-based categories at the start of every fiscal year as follows: (A) 28.6 percent to employment-based immigrants under section 203(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(1)), plus any visa available under this paragraph not required for subparagraph (F); (B) 28.6 percent to employment-based immigrants under section 203(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(2)), plus any visa available under this paragraph not required for subparagraph (A); (C) 21.5 percent to employment-based immigrants under section 203(b)(3)(A)(i) and (ii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(3)(A)(i) and (ii)), plus any visa available under this paragraph not required for subparagraphs (A) and (B); (D) 7.1 percent to employment-based immigrants under section 203(b)(3)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(3)(A)(iii)), plus any visa available under this paragraph not required for subparagraphs (A) through (C); (E) 7.1 percent to employment-based immigrants under section 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(4)), plus any visa available under this paragraph not required for subparagraphs (A) through (D); and (F) 7.1 percent to employment-based immigrants under section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)), plus any visa available under this paragraph not required for subparagraphs (A) through (E). (c) Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to read as follows: ``(c) Worldwide Level of Family-Sponsored Immigrants.--The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to-- ``(1) 226,000, plus ``(2) the difference (if any) between the maximum number of visas which may be issued under section 203(a) (relating to family-sponsored immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year.''. (d) Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to-- ``(1) 140,000, plus ``(2) the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year.''. Sec. 406. (a) Notwithstanding section 204(a)(1)(I)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(I)(ii)(II)), and subject to subsection (d) of this section, an immigrant visa for those selected in accordance with section 203(e)(2) of the Immigration and Nationality Act (8 U.S.C. 1153(e)(2)) in any of fiscal years 2017, 2018, 2019, 2020, or 2021 shall remain available to such alien if the alien was refused a visa, prevented from seeking admission, or denied admission to the United States solely because of-- (1) Executive Order 13769 (82 Fed. Reg. 8977; relating to ``Protecting the Nation from Foreign Terrorist Entry into The United States''); (2) Executive Order 13780 (82 Fed. Reg. 13209; relating ``Protecting the Nation from Foreign Terrorist Entry into the United States''); (3) Proclamation 9645 (82 Fed. Reg. 45161; relating to ``Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats''); or (4) Proclamation 9983 (85 Fed. Reg. 6699; relating to ``Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats''). (b) Not later than 90 days after the date of the enactment of this section, the Secretary of State shall-- (1) provide written notice, consistent with subsection (c), to each alien described in subsection (a) (and such alien's representative, if applicable) of the alien's continuing eligibility to apply for a visa under section 203(c) of the Immigration and Nationality Act (8 U.S.C. 1153(c)); and (2) publish on the Department of State website, information and procedures implementing this section. (c) The notice described in subsection (b)(1) shall include procedures for the alien to inform the Secretary of State of the alien's intent to proceed with or abandon the application, and shall include an advisal that such application shall be deemed abandoned if the alien fails to notify the Secretary of the alien's intent to proceed within one year after the date on which the notice was issued. (d) An alien described in subsection (a) shall remain eligible to receive a visa described in such subsection until the earliest of the date that-- (1) the alien-- (A) notifies the Secretary of the alien's intent to abandon the application; or (B) fails to respond to the notice described in subsection (b)(1); or (2) the Secretary of State makes a final determination of the alien's ineligibility for such visa under section 203(c)(2), 204(a)(1)(I)(iii), or 212(a) of the Immigration and Nationality Act (8 U.S.C. 1153(c)(2), 1154(a)(1)(I)(iii), or 1182(a)). (e) A determination of whether an alien is the child of a visa recipient described in subsection (a), pursuant to section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d)) shall be made using the age of the child when an applicant was initially selected for a visa in accordance with section 203(e)(2) of such Act. Sec. 407. (a) Notwithstanding the numerical limitation set forth in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after consultation with the Secretary of Labor and upon the determination that the needs of American businesses cannot be satisfied in fiscal year 2023 with United States workers who are willing, qualified, and able to perform temporary nonagricultural labor, may increase the total number of aliens who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by not more than the highest number of H-2B nonimmigrants who participated in the H-2B returning worker program in any fiscal year in which returning workers were exempt from such numerical limitation. (b) The Secretary of Homeland Security shall issue guidance implementing this section not later than 60 days after the date of enactment of this Act. (c) Notwithstanding section 553 of title 5, United States Code, such guidance may be published on the internet website of the Department of Homeland Security, and shall be effective immediately upon such publication. Sec. 408. In fiscal year 2023, nonimmigrants shall be admitted to the United States under section 101(a)(l5)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) to perform agricultural labor or services, without regard to whether such labor is, or services are, of a temporary or seasonal nature. Sec. 409. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation. Sec. 410. The Federal Law Enforcement Training Accreditation Board, including representatives from the Federal law enforcement community and non-Federal accreditation experts involved in law enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. Sec. 411. (a) The Director of the Federal Law Enforcement Training Centers may accept transfers to its ``Procurement, Construction, and Improvements'' account from Government agencies requesting the construction of special use facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)). (b) The Federal Law Enforcement Training Centers shall maintain administrative control and ownership upon completion of such facilities. Sec. 412. The functions of the Federal Law Enforcement Training Centers instructor staff shall be classified as inherently governmental for purposes of the Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note). TITLE V GENERAL PROVISIONS (including transfers and rescissions of funds) Sec. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 502. Subject to the requirements of section 503 of this Act, the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this Act, may be merged with funds in the applicable established accounts, and thereafter may be accounted for as one fund for the same time period as originally enacted. Sec. 503. (a) None of the funds provided to the Department of Homeland Security by this Act, by prior Acts, or from any accounts in the Treasury of the United States derived from the collection of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that-- (1) creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) augments funding for any program, project, or activity in excess of $5,000,000 or 10 percent, whichever is less; or (4) reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more. (b) Subsection (a) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 15 days in advance of such reprogramming by the Under Secretary for Management of the Department of Homeland Security. (c) Up to 5 percent of any appropriation made available to the Department of Homeland Security by this Act or provided by previous appropriations Acts may be transferred between appropriations to address exigent requirements or circumstances if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 30 days in advance of such transfer, except that-- (1) no such appropriation shall be augmented by more than 10 percent by such transfers unless otherwise specifically provided in this Act; and (2) no funding may be transferred from an appropriation that is designated by the Congress as being for-- (A) an emergency requirement pursuant to a concurrent resolution on the budget; or (B) disaster relief pursuant to a concurrent resolution on the budget. (d) Notwithstanding subsections (b) and (c), no funds shall be obligated for any purpose described in subsection (a) and no funds shall be transferred between appropriations based upon an initial notification provided after June 30, except-- (1) as otherwise provided in this Act; or (2) when the Under Secretary for Management provides a written justification and certifies in writing to the Committees on Appropriations of the Senate and the House of Representatives that such action is necessary due to extraordinary circumstances that imminently threaten the safety of human life or the protection of property. (e) Notwithstanding subsection (c), the Secretary of Homeland Security may transfer to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 from appropriations available to the Department of Homeland Security if the Secretary notifies the Committees on Appropriations of the Senate and the House of Representatives at least 5 days in advance of such transfer. (f) For purposes of this section-- (1) The term ``program, project, or activity'' means-- (A) each item listed under an appropriation account or fee funded program account for which an amount is specified in the detailed funding table located at the end of the explanatory statement accompanying the applicable appropriations Act; (B) each item for which the explanatory statement accompanying the applicable appropriations Act specifies a funding amount, except for references to increases or reductions below the budget request; or (C) in the case of subsection (a)(1), any allowable use of funds that is not within the scope of an item described in subparagraph (A) or (B) of this paragraph, except for such accounts or programs for which there are no such items; (2) The term ``reprogramming of funds'' means a reduction to or augmentation of a funding amount specified in the explanatory statement accompanying the applicable appropriations Act for a program, project, or activity; and (3) The term ``exigent requirements or circumstances'' means those requirements or circumstances for which an inability to increase budgetary resources through a transfer of funds during the current fiscal year would result in a significant increase in costs to the Federal government in the current or a subsequent fiscal year or would seriously compromise needed departmental capabilities. Sec. 504. (a) None of the funds provided by this Act, by prior Acts, or from any accounts in the Treasury of the United States derived from the collection of fees available to the components funded by this Act, shall be available for an obligation that contracts out any function presently performed by Federal personnel or any new function proposed to be performed by Federal personnel in the President's budget, submitted pursuant to section 1105(a) of title 31, United States Code, and accompanying justification materials for the fiscal year funded by this Act or prior Department of Homeland Security appropriations Acts. (b) None of the funds provided by this Act or prior Department of Homeland Security Appropriations Acts for ``Procurement, Construction, and Improvements'' may be available for an obligation for any purpose that was not-- (1) proposed in the President's budget, submitted pursuant to section 1105(a) of title 31, United States Code, and accompanying justification materials, for the applicable fiscal year; or (2) explicitly described in the applicable appropriations Act or the explanatory statement accompanying such Act. (c) None of the funds provided by this Act or prior Department of Homeland Security Appropriations Acts for ``Operations and Support'' may be available for an obligation to establish or eliminate any office or other functional unit affecting more than 10 full-time personnel equivalents unless such establishment or elimination was-- (1) proposed in the President's budget, submitted pursuant to section 1105(a) of title 31, United States Code, and accompanying justification materials, for the applicable fiscal year; or (2) explicitly described in the applicable appropriations Act or the explanatory statement accompanying such Act. (d) Subsections (a), (b), and (c) shall not apply if the Committees on Appropriations of the Senate and the House of Representatives are notified at least 15 days in advance of such obligation by the Under Secretary for Management of the Department of Homeland Security. Sec. 505. (a) Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2023, as recorded in the financial records at the time of a reprogramming notification, but not later than June 30, 2024, from appropriations for ``Operations and Support'' for fiscal year 2023 in this Act shall remain available through September 30, 2024, in the account and for the purposes for which the appropriations were provided. (b) Prior to the obligation of such funds, a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance with section 503 of this Act. Sec. 506. (a) Section 504 of the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115-31), related to the operations of a working capital fund, shall apply with respect to funds made available in this Act in the same manner as such section applied to funds made available in that Act. (b) Funds from such working capital fund may be obligated and expended in anticipation of reimbursements from components of the Department of Homeland Security. Sec. 507. (a) Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2023 until the enactment of an Act authorizing intelligence activities for fiscal year 2023. (b) Amounts described in subsection (a) made available for ``Intelligence, Analysis, and Situational Awareness--Operations and Support'' that exceed the amounts in such authorization for such account shall be transferred to and merged with amounts made available under the heading ``Management Directorate--Operations and Support''. (c) Prior to the obligation of any funds transferred under subsection (b), the Management Directorate shall brief the Committees on Appropriations of the Senate and the House of Representatives on a plan for the use of such funds. Sec. 508. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least 3 full business days in advance of-- (1) making or awarding a grant allocation or grant in excess of $1,000,000; (2) making or awarding a contract, other transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $4,000,000; (3) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Department of Homeland Security funds; (4) making a sole-source grant award; or (5) announcing publicly the intention to make or award items under paragraph (1), (2), (3), or (4), including a contract covered by the Federal Acquisition Regulation. (b) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human life, health, or safety, an award may be made without notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 5 full business days after such an award is made or letter issued. (c) A notification under this section-- (1) may not involve funds that are not available for obligation; and (2) shall include the amount of the award; the fiscal year for which the funds for the award were appropriated; the type of contract; and the account from which the funds are being drawn. Sec. 509. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without advance notification to the Committees on Appropriations of the Senate and the House of Representatives, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training that cannot be accommodated in existing Centers' facilities. Sec. 510. None of the funds appropriated or otherwise made available by this Act may be used for expenses for any construction, repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus. Sec. 511. No Federal funds may be available to pay the salary of any employee serving as a contracting officer's representative, or anyone acting in a similar capacity, who has not received contracting officer's representative training. Sec. 512. (a) None of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act. (b) For purposes of subsection (a), the term ``Buy American Act'' means chapter 83 of title 41, United States Code. Sec. 513. None of the funds made available in this Act may be used to amend the oath of allegiance required by section 337 of the Immigration and Nationality Act (8 U.S.C. 1448). Sec. 514. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly authorized by the Congress. Sec. 515. None of the funds made available in this Act may be used for planning, testing, piloting, or developing a national identification card. Sec. 516. Any official that is required by this Act to report or to certify to the Committees on Appropriations of the Senate and the House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. Sec. 517. None of the funds made available in this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301-10.122 through 301-10.124 of title 41, Code of Federal Regulations. Sec. 518. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements of a contract. Sec. 519. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, territorial, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Sec. 520. None of the funds made available in this Act may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. Sec. 521. (a) None of the funds made available in this Act may be used to pay for the travel to or attendance of more than 50 employees of a single component of the Department of Homeland Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, or a designee, determines that such attendance is in the national interest and notifies the Committees on Appropriations of the Senate and the House of Representatives within at least 10 days of that determination and the basis for that determination. (b) For purposes of this section the term ``international conference'' shall mean a conference occurring outside of the United States attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. (c) The total cost to the Department of Homeland Security of any such conference shall not exceed $500,000. (d) Employees who attend a conference virtually without travel away from their permanent duty station within the United States shall not be counted for purposes of this section, and the prohibition contained in this section shall not apply to payments for the costs of attendance for such employees. Sec. 522. None of the funds made available in this Act may be used to reimburse any Federal department or agency for its participation in a National Special Security Event. Sec. 523. (a) None of the funds made available to the Department of Homeland Security by this or any other Act may be obligated for the implementation of any structural pay reform or the introduction of any new position classification that will affect more than 100 full-time positions or costs more than $5,000,000 in a single year before the end of the 30-day period beginning on the date on which the Secretary of Homeland Security submits to Congress a notification that includes-- (1) the number of full-time positions affected by such change; (2) funding required for such change for the current fiscal year and through the Future Years Homeland Security Program; (3) justification for such change; and (4) for a structural pay reform, an analysis of compensation alternatives to such change that were considered by the Department. (b) Subsection (a) shall not apply to such change if-- (1) it was proposed in the President's budget proposal for the fiscal year funded by this Act; and (2) funds for such change have not been explicitly denied or restricted in this Act. Sec. 524. (a) Any agency receiving funds made available in this Act shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Committees on Appropriations of the Senate and the House of Representatives in this Act. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the Committees on Appropriations of the Senate and the House of Representatives for not less than 45 days except as otherwise specified in law. Sec. 525. (a) Funding provided in this Act for ``Operations and Support'' may be used for minor procurement, construction, and improvements. (b) For purposes of subsection (a), ``minor'' refers to end items with a unit cost of $250,000 or less for personal property, and $2,000,000 or less for real property. Sec. 526. The authority provided by section 532 of the Department of Homeland Security Appropriations Act, 2018 (Public Law 115-141) regarding primary and secondary schooling of dependents shall continue in effect during fiscal year 2023. Sec. 527. (a) Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall be applied-- (1) in subsection (a), by substituting ``September 30, 2023,'' for ``September 30, 2017,''; and (2) in subsection (c)(1), by substituting ``September 30, 2023,'' for ``September 30, 2017''. (b) The Secretary of Homeland Security, under the authority of section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may carry out prototype projects under section 2371b of title 10, United States Code, and the Secretary shall perform the functions of the Secretary of Defense as prescribed. (c) The Secretary of Homeland Security under section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use the definition of nontraditional government contractor as defined in section 2371b(e) of title 10, United States Code. Sec. 528. (a) None of the funds appropriated or otherwise made available to the Department of Homeland Security by this Act may be used to prevent any of the following persons from entering, for the purpose of conducting oversight, any facility operated by or for the Department of Homeland Security used to detain or otherwise house aliens, or to make any temporary modification at any such facility that in any way alters what is observed by a visiting Member of Congress or such designated employee, compared to what would be observed in the absence of such modification: (1) A Member of Congress. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. (b) Nothing in this section may be construed to require a Member of Congress to provide prior notice of the intent to enter a facility described in subsection (a) for the purpose of conducting oversight. (c) With respect to individuals described in subsection (a)(2), the Department of Homeland Security may require that a request be made at least 24 hours in advance of an intent to enter a facility described in subsection (a). Sec. 529. (a) Except as provided in subsection (b), none of the funds made available in this Act may be used to place restraints on a woman in the custody of the Department of Homeland Security (including during transport, in a detention facility, or at an outside medical facility) who is pregnant or in post-delivery recuperation. (b) Subsection (a) shall not apply with respect to a pregnant woman if-- (1) an appropriate official of the Department of Homeland Security makes an individualized determination that the woman-- (A) is a serious flight risk, and such risk cannot be prevented by other means; or (B) poses an immediate and serious threat to harm herself or others that cannot be prevented by other means; or (2) a medical professional responsible for the care of the pregnant woman determines that the use of therapeutic restraints is appropriate for the medical safety of the woman. (c) If a pregnant woman is restrained pursuant to subsection (b), only the safest and least restrictive restraints, as determined by the appropriate medical professional treating the woman, may be used. In no case may restraints be used on a woman who is in active labor or delivery, and in no case may a pregnant woman be restrained in a face- down position with four-point restraints, on her back, or in a restraint belt that constricts the area of the pregnancy. A pregnant woman who is immobilized by restraints shall be positioned, to the maximum extent feasible, on her left side. Sec. 530. (a) None of the funds made available by this Act may be used to destroy any document, recording, or other record pertaining to any-- (1) death of, (2) potential sexual assault or abuse perpetrated against, or (3) allegation of abuse, criminal activity, or disruption committed by an individual held in the custody of the Department of Homeland Security. (b) The records referred to in subsection (a) shall be made available, in accordance with applicable laws and regulations, and Federal rules governing disclosure in litigation, to an individual who has been charged with a crime, been placed into segregation, or otherwise punished as a result of an allegation described in paragraph (3), upon the request of such individual. Sec. 531. Section 519 of division F of Public Law 114-113, regarding a prohibition on funding for any position designated as a Principal Federal Official, shall apply with respect to any Federal funds in the same manner as such section applied to funds made available in that Act. Sec. 532. (a) Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Under Secretary for Management of Homeland Security shall submit to the Committees on Appropriations of the Senate and the House of Representatives a report on the unfunded priorities, for the Department of Homeland Security and separately for each departmental component, for which discretionary funding would be classified as budget function 050. (b) Each report under this section shall specify, for each such unfunded priority-- (1) a summary description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (2) the description, including the objectives to be achieved if such priority is funded (whether in whole or in part); (3) account information, including the following (as applicable): (A) appropriation account; and (B) program, project, or activity name; and (4) the additional number of full-time or part-time positions to be funded as part of such priority. (c) In this section, the term ``unfunded priority'', in the case of a fiscal year, means a requirement that-- (1) is not funded in the budget referred to in subsection (a); (2) is necessary to fulfill a requirement associated with an operational or contingency plan for the Department; and (3) would have been recommended for funding through the budget referred to in subsection (a) if-- (A) additional resources had been available for the budget to fund the requirement; (B) the requirement has emerged since the budget was formulated; or (C) the requirement is necessary to sustain prior- year investments. Sec. 533. (a) Not later than 10 days after a determination is made by the President to evaluate and initiate protection under any authority for a former or retired Government official or employee, or for an individual who, during the duration of the directed protection, will become a former or retired Government official or employee (referred to in this section as a ``covered individual''), the Secretary of Homeland Security shall submit a notification to congressional leadership and the Committees on Appropriations of the Senate and the House of Representatives, the Committees on the Judiciary of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives (referred to in this section as the ``appropriate congressional committees''). (b) Such notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, as appropriate, and shall include the threat assessment, scope of the protection, and the anticipated cost and duration of such protection. (c) Not later than 15 days before extending, or 30 days before terminating, protection for a covered individual, the Secretary of Homeland Security shall submit a notification regarding the extension or termination and any change to the threat assessment to the congressional leadership and the appropriate congressional committees. (d) Not later than 45 days after the date of enactment of this Act, and quarterly thereafter, the Secretary shall submit a report to the congressional leadership and the appropriate congressional committees, which may be submitted in classified form, if necessary, detailing each covered individual, and the scope and associated cost of protection. Sec. 534. (a) None of the funds provided to the Department of Homeland Security in this or any prior Act may be used by an agency to submit an initial project proposal to the Technology Modernization Fund (as authorized by section 1078 of subtitle G of Title X of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91)) unless, concurrent with the submission of an initial project proposal to the Technology Modernization Board, the head of the agency-- (1) notifies the Committees on Appropriations of the Senate and the House of Representatives of the proposed submission of the project proposal; (2) submits to the Committees on Appropriations a copy of the project proposal; and (3) provides a detailed analysis of how the proposed project funding would supplement or supplant funding requested as part of the Department's most recent budget submission. (b) None of the funds provided to the Department of Homeland Security by the Technology Modernization Fund shall be available for obligation until 15 days after a report on such funds has been transmitted to the Committees on Appropriations of the Senate and the House of Representatives. (c) The report described in subsection (b) shall include-- (1) the full project proposal submitted to and approved by the Fund's Technology Modernization Board; (2) the finalized interagency agreement between the Department and the Fund including the project's deliverables and repayment terms, as applicable; (3) a detailed analysis of how the project will supplement or supplant existing funding available to the Department for similar activities; (4) a plan for how the Department will repay the Fund, including specific planned funding sources, as applicable; and (5) other information as determined by the Secretary. Sec. 535. (a) For an additional amount for border management requirements of the U.S. Border Patrol, non-detention border management requirements of U.S. Customs and Immigration Enforcement, and the emergency food and shelter program for the purposes of providing shelter and other services to families and individuals encountered by the Department of Homeland Security, in addition to amounts otherwise made available for such purposes, $200,000,000. (b) The amount made available by subsection (a) may be transferred by the Secretary of Homeland Security between appropriations for the same purposes, notwithstanding section 503(c) of this Act. (c) Not later than 90 days after the date of enactment of this Act, the Under Secretary for Management shall provide an expenditure plan for the use of the funds made available in subsection (a). Sec. 536. No Federal funds may be used by the Department of Homeland Security to deny any benefit application for admission, or protection available to an individual under the Immigration and Nationality Act (8 U.S.C. 1101 et. seq.) on the sole basis of any event, conduct, finding, admission, history of substance use disorder, arrest, or juvenile adjudication related to cannabis possession, consumption, or use, or to a conviction solely based on such possession, consumption, or use. Sec. 537. No Federal funds made available to the Department of Homeland Security may be used to enter into a procurement contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or guarantee to, any entity identified under Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) or any subsidiary of such entity. Sec. 538. Section 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5135) is amended-- (1) in subsection (d)-- (A) in paragraph (2)-- (i) by striking subparagraph (C); (ii) at the end of subparagraph (A), by adding ``and''; and (iii) at the end of subparagraph (B), by striking ``; and'' and inserting a period; (B) in paragraph (3)(D), by striking ``local governments, insular areas, and Indian tribal governments'' and inserting ``local governments and Tribal governments''; and (C) by striking paragraph (4); and (2) in subsection (m)-- (A) by striking paragraph (3) and inserting the following: ``(3) Eligible entity.--The term `eligible entity' means a State or an Indian tribal government that has received a major disaster declaration pursuant to section 401.''; (B) by striking paragraphs (5) and (10); (C) by redesignating paragraphs (6) through (9) as paragraphs (5) through (8), respectively; and (D) by redesignating paragraph (11) as paragraph (9). Sec. 539. (a) The remaining unobligated balances of funds from amounts provided under the heading ``Federal Emergency Management Agency--Federal Assistance'' in division F of Public Law 117-103 for the project identified as the ``Vermilion Safe Room'' in the table entitled ``Homeland Incorporation of Community Project Funding Items/ Congressionally Directed Spending Items'' under the heading ``Federal Emergency Management Agency--Federal Assistance'' in the explanatory statement described in section 4 in the matter preceding division A of Public Law 117-103 are hereby rescinded. (b) In addition to amounts otherwise available, there is appropriated for an additional amount for fiscal year 2022 for "Federal Emergency Management Agency--Federal Assistance", $3,000,000, to remain available until September 30, 2024, for an Emergency Operations Center grant under section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) for the project identified as the ``Vermilion Safe Room'' in the table entitled ``Homeland Incorporation of Community Project Funding Items/Congressionally Directed Spending Items'' under the heading ``Federal Emergency Management Agency--Federal Assistance'' in the explanatory statement described in section 4 in the matter preceding division A of Public Law 117-103. (c) -- (1) Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2022, this section shall be applied as if it were in effect on September 30, 2022. (rescissions of funds) Sec. 540. Of the funds appropriated to the Department of Homeland Security, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985: (1) $30,000,000 from Public Law 117-103 under the heading ``U.S. Customs and Border Protection--Procurement, Construction, and Improvements''. (2) $100,097,000 from Public Law 117-103 under the heading ``Transportation Security Administration--Operations and Support''. (3) $87,619,000 from Public Law 117-103 under the heading ``U.S. Citizenship and Immigration Services--Operations Support''. This Act may be cited as the ``Department of Homeland Security Appropriations Act, 2023''. Union Calendar No. 304 117th CONGRESS 2d Session H. R. 8257 [Report No. 117-396] _______________________________________________________________________

Department of Homeland Security Appropriations Act, 2023

Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2023, and for other purposes.

Department of Homeland Security Appropriations Act, 2023 Department of Homeland Security Appropriations Act, 2023

Rep. Roybal-Allard, Lucille

D

CA

This bill provides FY2023 appropriations for the Department of Homeland Security (DHS). Specifically, the bill provides appropriations to DHS for Departmental Management, Intelligence, Situational Awareness, and Oversight, including In addition, the bill provides appropriations for Security, Enforcement, and Investigations, including The bill provides appropriations for Protection, Preparedness, Response, and Recovery, including The bill provides appropriations for Research, Development, Training, and Services, including The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

(c) The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the Senate and the House of Representatives not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary. 2712(a)(5)). 203. (b) In this section, the term ``border crossing fee'' means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry. (b) No such amounts may be obligated prior to the submission of such plan. 1135, 1163, and 1182), of which $10,000,000 shall be for Amtrak security and $2,000,000 shall be for Over-the-Road Bus Security: Provided, That such public transportation security assistance shall be provided directly to public transportation agencies. (7) $370,000,000 for emergency management performance grants under the National Flood Insurance Act of 1968 (42 U.S.C. 3 of 1978 (5 U.S.C. 4101(f)(2)), to remain available until expended. Citizenship and Immigration Services operations and support For necessary expenses of U.S. Notwithstanding any other provision of law, any Federal funds made available to U.S. 1153(a)(4)), plus any visa available under this paragraph not required for subparagraphs (A) through (D). 1153(b)) after fiscal year 2022. (c) Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to-- ``(1) 140,000, plus ``(2) the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year.''. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation. TITLE V GENERAL PROVISIONS (including transfers and rescissions of funds) Sec. (a) Funding provided in this Act for ``Operations and Support'' may be used for minor procurement, construction, and improvements. 391) shall be applied-- (1) in subsection (a), by substituting ``September 30, 2023,'' for ``September 30, 2017,''; and (2) in subsection (c)(1), by substituting ``September 30, 2023,'' for ``September 30, 2017''. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. Sec. This Act may be cited as the ``Department of Homeland Security Appropriations Act, 2023''.

(c) The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the Senate and the House of Representatives not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary. 2712(a)(5)). 203. (b) No such amounts may be obligated prior to the submission of such plan. 1135, 1163, and 1182), of which $10,000,000 shall be for Amtrak security and $2,000,000 shall be for Over-the-Road Bus Security: Provided, That such public transportation security assistance shall be provided directly to public transportation agencies. (7) $370,000,000 for emergency management performance grants under the National Flood Insurance Act of 1968 (42 U.S.C. 3 of 1978 (5 U.S.C. 4101(f)(2)), to remain available until expended. Citizenship and Immigration Services operations and support For necessary expenses of U.S. Notwithstanding any other provision of law, any Federal funds made available to U.S. 1153(a)(4)), plus any visa available under this paragraph not required for subparagraphs (A) through (D). 1153(b)) after fiscal year 2022. (c) Section 201(c) of the Immigration and Nationality Act (8 U.S.C. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation. TITLE V GENERAL PROVISIONS (including transfers and rescissions of funds) Sec. (a) Funding provided in this Act for ``Operations and Support'' may be used for minor procurement, construction, and improvements. 391) shall be applied-- (1) in subsection (a), by substituting ``September 30, 2023,'' for ``September 30, 2017,''; and (2) in subsection (c)(1), by substituting ``September 30, 2023,'' for ``September 30, 2017''. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. Sec. This Act may be cited as the ``Department of Homeland Security Appropriations Act, 2023''.

103. (c) The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the Senate and the House of Representatives not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary. 2712(a)(5)). 203. (b) In this section, the term ``border crossing fee'' means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry. (b) No such amounts may be obligated prior to the submission of such plan. Section 225 of division A of Public Law 116-6 (49 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be for Amtrak security and $2,000,000 shall be for Over-the-Road Bus Security: Provided, That such public transportation security assistance shall be provided directly to public transportation agencies. (7) $370,000,000 for emergency management performance grants under the National Flood Insurance Act of 1968 (42 U.S.C. 3 of 1978 (5 U.S.C. 4101(f)(2)), to remain available until expended. and is designated by the Congress as being for disaster relief pursuant to section 1(f) of H. Res. Citizenship and Immigration Services operations and support For necessary expenses of U.S. Notwithstanding any other provision of law, any Federal funds made available to U.S. 1153(a)(4)), plus any visa available under this paragraph not required for subparagraphs (A) through (D). 1153(b)) after fiscal year 2022. (c) Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to-- ``(1) 140,000, plus ``(2) the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year.''. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation. TITLE V GENERAL PROVISIONS (including transfers and rescissions of funds) Sec. 503. (a) None of the funds provided to the Department of Homeland Security by this Act, by prior Acts, or from any accounts in the Treasury of the United States derived from the collection of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that-- (1) creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) augments funding for any program, project, or activity in excess of $5,000,000 or 10 percent, whichever is less; or (4) reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more. (c) The total cost to the Department of Homeland Security of any such conference shall not exceed $500,000. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (a) Funding provided in this Act for ``Operations and Support'' may be used for minor procurement, construction, and improvements. 391) shall be applied-- (1) in subsection (a), by substituting ``September 30, 2023,'' for ``September 30, 2017,''; and (2) in subsection (c)(1), by substituting ``September 30, 2023,'' for ``September 30, 2017''. 391(d)) may use the definition of nontraditional government contractor as defined in section 2371b(e) of title 10, United States Code. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. 1101 et. seq.) Sec. This Act may be cited as the ``Department of Homeland Security Appropriations Act, 2023''.

101. 103. (c) The Under Secretary for Management shall submit each approved Acquisition Decision Memorandum for programs described in this section to the Committees on Appropriations of the Senate and the House of Representatives not later than five business days after the date of approval of such memorandum by the Under Secretary for Management or the designee of the Under Secretary. 2712(a)(5)). 203. (b) In this section, the term ``border crossing fee'' means a fee that every pedestrian, cyclist, and driver and passenger of a private motor vehicle is required to pay for the privilege of crossing the Southern border or the Northern border at a land port of entry. (b) No such amounts may be obligated prior to the submission of such plan. Section 225 of division A of Public Law 116-6 (49 U.S.C. (a) None of the funds made available by this Act under the heading ``Coast Guard--Operations and Support'' shall be for expenses incurred for recreational vessels under section 12114 of title 46, United States Code, except to the extent fees are collected from owners of yachts and credited to the appropriation made available by this Act under the heading ``Coast Guard--Operations and Support''. 230. 1135, 1163, and 1182), of which $10,000,000 shall be for Amtrak security and $2,000,000 shall be for Over-the-Road Bus Security: Provided, That such public transportation security assistance shall be provided directly to public transportation agencies. (7) $370,000,000 for emergency management performance grants under the National Flood Insurance Act of 1968 (42 U.S.C. 3 of 1978 (5 U.S.C. 4101(f)(2)), to remain available until expended. and is designated by the Congress as being for disaster relief pursuant to section 1(f) of H. Res. Citizenship and Immigration Services operations and support For necessary expenses of U.S. Notwithstanding any other provision of law, any Federal funds made available to U.S. 1153(a)(4)), plus any visa available under this paragraph not required for subparagraphs (A) through (D). 1153(b)) after fiscal year 2022. (c) Section 201(c) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read as follows: ``(d) Worldwide Level of Employment-Based Immigrants.--The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to-- ``(1) 140,000, plus ``(2) the difference (if any) between the maximum number of visas which may be issued under section 203(b) (relating to employment-based immigrants) during the previous fiscal year and the number of aliens who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under that section during that year.''. 1101(a)(15)(H)(ii)(a)) to perform agricultural labor or services, without regard to whether such labor is, or services are, of a temporary or seasonal nature. The Director of the Federal Law Enforcement Training Centers is authorized to distribute funds to Federal law enforcement agencies for expenses incurred participating in training accreditation. 501 note). TITLE V GENERAL PROVISIONS (including transfers and rescissions of funds) Sec. 503. (a) None of the funds provided to the Department of Homeland Security by this Act, by prior Acts, or from any accounts in the Treasury of the United States derived from the collection of fees available to the components funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that-- (1) creates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) augments funding for any program, project, or activity in excess of $5,000,000 or 10 percent, whichever is less; or (4) reduces funding for any program, project, or activity, or numbers of personnel, by 10 percent or more. (c) The total cost to the Department of Homeland Security of any such conference shall not exceed $500,000. (b) Subsection (a) shall not apply to a report if-- (1) the public posting of the report compromises homeland or national security; or (2) the report contains proprietary information. (a) Funding provided in this Act for ``Operations and Support'' may be used for minor procurement, construction, and improvements. 391) shall be applied-- (1) in subsection (a), by substituting ``September 30, 2023,'' for ``September 30, 2017,''; and (2) in subsection (c)(1), by substituting ``September 30, 2023,'' for ``September 30, 2017''. 391(d)) may use the definition of nontraditional government contractor as defined in section 2371b(e) of title 10, United States Code. (2) An employee of the United States House of Representatives or the United States Senate designated by such a Member for the purposes of this section. (c) In this section, the term ``unfunded priority'', in the case of a fiscal year, means a requirement that-- (1) is not funded in the budget referred to in subsection (a); (2) is necessary to fulfill a requirement associated with an operational or contingency plan for the Department; and (3) would have been recommended for funding through the budget referred to in subsection (a) if-- (A) additional resources had been available for the budget to fund the requirement; (B) the requirement has emerged since the budget was formulated; or (C) the requirement is necessary to sustain prior- year investments. (b) Such notification may be submitted in classified form, if necessary, and in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, as appropriate, and shall include the threat assessment, scope of the protection, and the anticipated cost and duration of such protection. 1101 et. seq.) Sec. This Act may be cited as the ``Department of Homeland Security Appropriations Act, 2023''.

S.748

Health

Medicare Sequester Relief Act This bill continues to exempt Medicare from sequestration until the end of the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019). (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.)

To provide for an extension of the temporary suspension of Medicare sequestration during the COVID-19 public health emergency. 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 ``Medicare Sequester Relief Act''. SEC. 2. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION. (a) In General.--Section 3709(a) of division A of the CARES Act (2 U.S.C. 901a note), as amended by section 102 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-136), is amended by striking ``March 31, 2021'' and inserting ``the last day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))''. (b) Extension of Direct Spending Reductions Through Fiscal Year 2031.--Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``through 2030'' and inserting ``through 2031''; and (2) in subparagraph (C), in the matter preceding clause (i), by striking ``fiscal year 2030'' and inserting ``fiscal year 2031''. (c) Effective Date.--The amendments made by this section shall take effect as if enacted as part of the CARES Act (Public Law 116-136). <all>

Medicare Sequester Relief Act

A bill to provide for an extension of the temporary suspension of Medicare sequestration during the COVID-19 public health emergency.

Medicare Sequester Relief Act

Sen. Shaheen, Jeanne

D

NH

This bill continues to exempt Medicare from sequestration until the end of the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019). (Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals.)

To provide for an extension of the temporary suspension of Medicare sequestration during the COVID-19 public health emergency. 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 ``Medicare Sequester Relief Act''. SEC. 2. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION. (a) In General.--Section 3709(a) of division A of the CARES Act (2 U.S.C. 901a note), as amended by section 102 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-136), is amended by striking ``March 31, 2021'' and inserting ``the last day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))''. (b) Extension of Direct Spending Reductions Through Fiscal Year 2031.--Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``through 2030'' and inserting ``through 2031''; and (2) in subparagraph (C), in the matter preceding clause (i), by striking ``fiscal year 2030'' and inserting ``fiscal year 2031''. (c) Effective Date.--The amendments made by this section shall take effect as if enacted as part of the CARES Act (Public Law 116-136). <all>

To provide for an extension of the temporary suspension of Medicare sequestration during the COVID-19 public health emergency. 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 ``Medicare Sequester Relief Act''. SEC. 2. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION. (a) In General.--Section 3709(a) of division A of the CARES Act (2 U.S.C. 901a note), as amended by section 102 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-136), is amended by striking ``March 31, 2021'' and inserting ``the last day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))''. (b) Extension of Direct Spending Reductions Through Fiscal Year 2031.--Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``through 2030'' and inserting ``through 2031''; and (2) in subparagraph (C), in the matter preceding clause (i), by striking ``fiscal year 2030'' and inserting ``fiscal year 2031''. (c) Effective Date.--The amendments made by this section shall take effect as if enacted as part of the CARES Act (Public Law 116-136). <all>

To provide for an extension of the temporary suspension of Medicare sequestration during the COVID-19 public health emergency. 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 ``Medicare Sequester Relief Act''. SEC. 2. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION. (a) In General.--Section 3709(a) of division A of the CARES Act (2 U.S.C. 901a note), as amended by section 102 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-136), is amended by striking ``March 31, 2021'' and inserting ``the last day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))''. (b) Extension of Direct Spending Reductions Through Fiscal Year 2031.--Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``through 2030'' and inserting ``through 2031''; and (2) in subparagraph (C), in the matter preceding clause (i), by striking ``fiscal year 2030'' and inserting ``fiscal year 2031''. (c) Effective Date.--The amendments made by this section shall take effect as if enacted as part of the CARES Act (Public Law 116-136). <all>

To provide for an extension of the temporary suspension of Medicare sequestration during the COVID-19 public health emergency. 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 ``Medicare Sequester Relief Act''. SEC. 2. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION. (a) In General.--Section 3709(a) of division A of the CARES Act (2 U.S.C. 901a note), as amended by section 102 of division N of the Consolidated Appropriations Act, 2021 (Public Law 116-136), is amended by striking ``March 31, 2021'' and inserting ``the last day of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))''. (b) Extension of Direct Spending Reductions Through Fiscal Year 2031.--Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a(6)) is amended-- (1) in subparagraph (B), in the matter preceding clause (i), by striking ``through 2030'' and inserting ``through 2031''; and (2) in subparagraph (C), in the matter preceding clause (i), by striking ``fiscal year 2030'' and inserting ``fiscal year 2031''. (c) Effective Date.--The amendments made by this section shall take effect as if enacted as part of the CARES Act (Public Law 116-136). <all>

H.R.352

Labor and Employment

Jobs to Fight COVID-19 Act of 2021 This bill requires the Department of Labor to award grants to states and other governmental and native American entities to (1) support the recruitment, placement, and training of—and provide employment to—certain individuals seeking employment in COVID-19 (i.e., coronavirus disease 2019) contact tracing and pandemic response positions; and (2) assist with the transition to new employment or education and training of these individuals in preparation for and upon termination of such employment. The employees must be paid at least the required prevailing wage and fringe benefit rates. In addition, the Centers for Disease Control and Prevention (CDC), in coordination with the Department of Health and Human Services and state, local, tribal, and territorial health departments, must establish and implement a national evidence-based system for COVID-19 testing, contact tracing, surveillance, containment, and mitigation. The CDC shall also award grants or contracts to these entities for such activities and to public entities to implement multilingual and culturally appropriate COVID-19 awareness campaigns.

To establish an initiative for national testing, contact tracing, and pandemic response, 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 ``Jobs to Fight COVID-19 Act of 2021''. SEC. 2. DEFINITIONS. Except as otherwise explicitly provided, in this Act: (1) COVID-19.--The term ``COVID-19'' means the novel coronavirus disease of 2019 (COVID-19). (2) Health professional shortage area.--The term ``health professional shortage area'' has the meaning given the term in section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)). (3) Medically underserved populations.--The term ``medically underserved population'' has the meaning given the term in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) State.--The term ``State'' refers to each of the 50 States and the District of Columbia. (6) Territory.--The term ``territory'' means the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. (7) Tribal.--The term ``Tribal'', with respect to a health department, includes-- (A) Indian Tribes that-- (i) are operating one or more health facilities pursuant to an agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); or (ii) receive services from a facility operated by the Indian Health Services; and (B) Tribal organizations and Native Hawaiian organizations, as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221), and urban Indian organizations. SEC. 3. GRANTS TO SUPPORT PANDEMIC PUBLIC WORKS. (a) Definitions.--In this section: (1) In general.--Except as otherwise provided in this section or section 2, the terms in this section have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) Apprenticeship; apprenticeship program.--The term ``apprenticeship'' or ``apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act'') (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. (3) Contact tracing and pandemic response positions.--The term ``contact tracing and pandemic response positions'' means employment related to-- (A) contact tracing, surveillance, containment, and mitigation activities needed to implement the national system under section 6; (B) other activities necessary for pandemic response, including cleaning and mitigation activities; and (C) activities necessary to respond to the economic impacts of COVID-19. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a State or territory; (B)(i) an Indian Tribe, Tribal organization, Alaska Native entity, or Native Hawaiian organization as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221); or (ii) an Indian-controlled organization serving Indians as defined in such section 166; or (C) a unit of local government, if an entity described in subparagraph (A) has not applied with respect to the area over which the unit has jurisdiction by the deadline required under subsection (b)(2)(B). (5) Eligible individual.--The term ``eligible individual'' means an individual seeking or securing employment in a contact tracing or pandemic response position and who is served by an eligible entity or community-based organization receiving funding under this section. (6) Unit of local government.--The term ``unit of local government'' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. (b) Grants.-- (1) In general.--Subject to the availability of appropriations under subsection (l), the Secretary shall award a grant to each eligible entity that submits a complete application under subsection (c), to enable the eligible entity to-- (A) as applicable, support the recruitment, placement, and training of, and provide employment to, eligible individuals seeking employment in contact tracing and pandemic response positions; and (B) assist with the employment transition to new employment or education and training of individuals employed under this section in preparation for and upon termination of such employment. (2) Timeline.-- (A) Deadline for secretary application requirements.--The Secretary shall issue application requirements under subsection (c) not later than 10 days after the date of enactment of this Act. (B) State and tribal applications.--The deadline for applications from eligible entities described in subparagraph (A) or (B) of subsection (a)(4) shall be the date that is 30 days after the date the Secretary issues application requirements under subparagraph (A). (C) Applications for local governments serving as eligible entities.--The deadline for applications for grants from eligible entities described in subsection (a)(4)(C) shall be the date that is 10 days after the date that applications are due under subparagraph (B). (D) Grant awards.--The Secretary shall award a grant to an eligible entity under paragraph (1) not later than 15 days after the date on which applications are due under subparagraph (C). (c) Grant Application.--An eligible entity applying for a grant under this section shall submit an application to the Secretary, at such time and in such form and manner as the Secretary may reasonably require, which shall include a description of-- (1) how the eligible entity will, as applicable, support the recruitment, placement, and training of, and provide employment to, of eligible individuals seeking employment in contact tracing and pandemic response positions; (2) how the activities described in paragraph (1) will support State efforts to address the demand for contact tracing and pandemic response positions with respect to-- (A) the State plans referred to in the heading ``Public Health and Social Services Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139); and (B) the number of eligible individuals that the State plans to recruit, train, and employ under the plans described in subparagraph (A); (3) the specific strategies for recruiting, placement, and employment of eligible individuals from or residing within the communities in which they will work, including-- (A) plans for the recruitment of eligible individuals to serve in contact tracing or pandemic response positions, including dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, self-employed individuals who are unemployed as a result of COVID-19, or underemployed or furloughed workers, who are from or reside in or near the locality in which they will serve, and who, to the extent practicable-- (i) have experience or a background in industry sectors and occupations such as public health, social services, customer service, case management, or occupations that require related qualifications, skills, or competencies, such as strong interpersonal and communication skills, needed for contact tracing or pandemic response positions; or (ii) seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing or pandemic response positions; and (B) how such strategies will take into account the diversity of such community, including racial, ethnic, socioeconomic, linguistic, or geographic diversity; (4) the amount, timing, and mechanisms for distribution of funds provided to local units of government or through subgrants as described in subsection (d)(2)(A) or (e); (5) for eligible entities described in subparagraph (A) or (B) of subsection (a)(4), a description of how the eligible entity will ensure the equitable distribution of funds with respect to-- (A) geography (such as urban and rural distribution); (B) medically underserved populations; (C) health professional shortage areas; and (D) the racial and ethnic diversity of the area; (6) for eligible entities described in subsection (a)(4)(C), a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph (5); and (7) how the eligible entity will collaborate with State boards and local boards, the unemployment compensation system of the State, and the employment service offices (providing services under the Wagner-Peyser Act (29 U.S.C. 50 et seq.)) of the State regarding the State reemployment services and eligibility assessment activities and the activities provided under this section. (d) Grant Distribution.-- (1) Federal distribution.-- (A) Use of funds.--The Secretary shall use the funds appropriated to carry out this section as follows: (i) Subject to clause (ii), the Secretary shall distribute funds among eligible entities that submit a complete application under subsection (c) in accordance with a formula to be established by the Secretary that-- (I) provides a minimum level of funding to each eligible entity that submits a complete application; and (II) allocates additional funding as follows: (aa) The formula shall give first priority based on the number and proportion of contact tracing or pandemic response positions for which the eligible entity plans to recruit, place, train, and employ individuals as a part of the State strategy described in subsection (c)(2)(A). (bb) The formula shall give second highest priority to applications that will serve States, territories, Indian Tribes, or Native Hawaiian populations that have the highest unemployment rates, as determined based on the most recent data available. (cc) The formula shall give third highest priority to applicants proposing to serve populations in one or more geographic regions with a high burden of COVID-19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary. (dd) The formula shall give fourth highest priority to applicants preparing for, or currently working to mitigate, a COVID-19 surge in a geographic region that does not yet have a high number of reported cases of COVID-19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary. (ee) The formula shall give fifth highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary. (ii) Not more than 2 percent of the funding for administration of the grants and for providing technical assistance to recipients of funds under this section. (B) Equitable distribution.--If the geographic region served by one or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under subsection (c)(5). (2) Eligible entity use of funds.--An eligible entity described in subsection (a)(4)(A)-- (A) shall, not later than 30 days after the date on which the entity receives grant funds under this section, use not less than 40 percent of grant funds to award subgrants to units of local government for the purpose of carrying out activities described in subsection (f); (B) may use not more than 5 percent of such funds to make subgrants to community-based organizations in the service area to conduct outreach, to potential eligible individuals, as described in subsection (e); (C) in providing subgrants to units of local government under subparagraph (A) and awarding subgrants under subsection (e), shall ensure the equitable distribution with respect to the factors described in subsection (c)(5); and (D) may use not more than 10 percent of the funds awarded under this section for the administrative costs of carrying out the grant and for providing technical assistance to local units of government and community- based organizations. (e) Outreach and Education Subgrant Authorization and Application Process.-- (1) In general.--An eligible entity receiving a grant under this section may use a portion of such funds to award a subgrant to one or more community-based organizations for the purposes of partnering with an eligible entity to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing or pandemic response positions. (2) Application.--A community-based organization desiring a subgrant under this subsection shall submit an application at such time and in such manner as the eligible entity may reasonably require, including-- (A) a demonstration of the community-based organization's established expertise and effectiveness in community outreach in the locality that such organization plans to serve; (B) a demonstration of the community-based organization's expertise in providing employment or information to the locality in which such organization plans to serve; and (C) a description of the expertise of the community-based organization in utilizing culturally competent and multilingual strategies in the provision of services. (f) Eligible Activities.--An eligible entity receiving a grant, or a unit of local government receiving a subgrant from an eligible entity, under this section shall use such grant or subgrant funds-- (1) to support the recruitment and placement of eligible individuals; (2) to employ eligible individuals in contact training or pandemic response positions; (3) to support the training and employment transition as related to contact tracing or pandemic response positions; (4) for the following activities: (A) Establishing or expanding training partnerships with-- (i) community-based health providers, including community health centers and rural health clinics; (ii) labor organizations or joint labor management organizations; (iii) 2-year and 4-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including institutions eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and (iv) community action agencies or other community-based organizations serving localities in which there is a demand for contact tracing or pandemic response positions. (B) Providing training for contact tracing or pandemic response positions in coordination with State, local, Tribal, or territorial health departments that is consistent with the State or territorial testing and contact tracing strategy and ensuring that eligible individuals receive compensation while participating in such training. (C) Providing eligible individuals with-- (i) adequate and safe equipment, environments, and facilities for training and supervision, as applicable; (ii) supplies and equipment needed by the program participants to support placement of an individual in contact tracing or pandemic response positions, as applicable; and (iii) services for the period during which the individual is employed in a contact tracing or pandemic response position to ensure job retention, which may include-- (I) supportive services throughout the term of employment; or (II) a continuation of skills training as related to employment in a contact tracing or pandemic response position, that is conducted in collaboration with the employers of such participants; and (5) supporting the transition and placement in unsubsidized employment for eligible individuals serving in the contact tracing or pandemic response positions after such positions are no longer necessary in the State or locality, which may include-- (A) providing additional disaster relief employment and employment and training activities described in subparagraphs (A) and (C) of section 170(d)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(1)) and services described in section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(1)); (B) providing services to assist eligible individuals in maintaining employment for not less than 12 months after the completion of employment in contact tracing or pandemic response positions, as appropriate; and (C) assisting eligible individuals in obtaining other employment directly with the eligible entity, or with a unit of local government, after serving in a contact tracing or pandemic response position supported under this section, by paying for the costs of not more than 10 percent of the total compensation provided by the eligible entity or unit of local government to such eligible individual for a period of not more than the first year in which the individual is so employed, if such employment is not otherwise subsidized under this or any other Act. (g) Requirements for Transition Back to Unemployment Compensation.--As a condition of an eligible entity that is a State receiving a grant under this section, the State law (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) of the State shall, in the case of an individual who is receiving unemployment compensation under at the time the individual enrolls in a program funded under the grant, provide for the following: (1) Such individual shall be eligible to resume receiving unemployment compensation after leaving such program if the individual is unemployed. (2) The amount of the weekly benefit amount for such individual shall be the greater of-- (A) the weekly benefit amount such individual was receiving when such individual entered the program; or (B) a weekly benefit amount that is determined based on such individual's earnings from employment under the program. (h) Limitations.-- (1) Extension of period for contact tracing or pandemic response positions.--A person may be employed in a contact tracing or pandemic response position using funds under this section for a period not greater than 2 years. (2) Prohibition of displacement.--An individual placed in a contact tracing or pandemic response position under this section shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits)-- (A) any employee of the eligible entity; or (B) any contractor, or employee of any contractor, of the eligible entity. (i) Reporting by the Department of Labor.-- (1) In general.--Not later than 120 days of the enactment of this Act, and once grant funds have been expended under this section, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, and make publicly available, a report containing a description of-- (A) the number of eligible individuals recruited, hired, and trained for contact tracing or pandemic response positions under this section; (B) the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing or pandemic response positions using funds under this Act; (C) the number of such individuals who were unemployed prior to being hired or trained as described in subparagraph (A); (D) the performance of each program supported by funds under this Act with respect to the indicators of performance under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141), as applicable; (E) the number of individuals in unsubsidized employment within 6 months and 1 year, respectively, of the conclusion of employment in contact tracing or pandemic response positions, the quarterly wages, and number of hours worked per week, of such individuals, and, of those individuals, the number of individuals within a State, territorial, or local public health department in an occupation related to public health; and (F) any information on how eligible entities, units of local government, or community-based organizations that received funding under this section were able to support the goals of the national system for COVID-19 testing, contact tracing, surveillance, containment, and mitigation established under section 6. (2) Disaggregation.--All data reported under paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and, with respect to individuals with barriers to employment, subpopulation of such individuals, except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (j) Special Rule.--Any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in subsection (a), including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. (k) Information Sharing Requirement for HHS.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall provide the Secretary of Labor, acting through the Assistant Secretary of the Employment and Training Administration, with information on grants under section 7, including-- (1) the formula used to award such grants to State, local, Tribal, and territorial health departments; (2) the dollar amounts of and scope of the work funded under such grants; (3) the geographic areas served by eligible entities that receive such grants; and (4) the number of individual to be hired in contact tracing or pandemic response positions using such grants. (l) Authorization of Appropriations.--Of the amounts appropriated to carry out this Act under section 9, $100,000,000,000 shall be used by the Secretary to carry out subsections (a) through (h). SEC. 4. SERVICE CONTRACT ACT APPLICATION. Contracts and grants that include contact tracing or other pandemic response activities as part of the scope of work and that are awarded under this Act shall require that individuals in contact tracing and pandemic response positions are paid not less than the prevailing wage and fringe rates required under chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act'') for the area in which the work is performed. To the extent that a nonstandard wage determination is required to establish a prevailing wage for contact tracing or pandemic response positions for purposes of this Act, the Secretary of Labor shall issue such determination not later than 14 days after the date of enactment of this Act, based on a job description used by the Centers for Disease Control and Prevention and contractors or grantees performing contact tracing or pandemic response activities for State public health agencies. SEC. 5. AWARENESS CAMPAIGNS. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall award competitive grants or contracts to one or more public entities to carry out multilingual and culturally appropriate awareness campaigns. Such campaigns shall-- (1) be based on available scientific evidence; (2) increase awareness and knowledge of COVID-19, including countering stigma associated with COVID-19; (3) improve information on the availability of COVID-19 diagnostic testing; (4) promote cooperation with contact tracing efforts; and (5) promote employment opportunities performing contact tracing and other pandemic response activities. (b) Authorization of Appropriations.--Of the amounts appropriated to carry out this Act under section 9, $5,000,000,000 shall be used by the Secretary to carry out this section. SEC. 6. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT TRACING, SURVEILLANCE, CONTAINMENT, AND MITIGATION. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and in coordination with the applicable offices of the Department of Health and Human Services and State, local, Tribal, and territorial health departments, shall establish and implement a nationwide evidence-based system for-- (1) testing, contact tracing, surveillance, containment, and mitigation with respect to COVID-19; (2) offering guidance on voluntary isolation and quarantine of individuals infected with, or exposed to individuals infected with, the virus that causes COVID-19; and (3) public reporting on testing, contact tracing, surveillance, and voluntary isolation and quarantine activities with respect to COVID-19. (b) Coordination; Technical Assistance.--In carrying out the national system under this section, the Secretary of Health and Human Services shall-- (1) coordinate State, local, Tribal, and territorial activities related to testing, contact tracing, surveillance, containment, and mitigation with respect to COVID-19, as appropriate; and (2) provide technical assistance for such activities, as appropriate. (c) Consideration.--In establishing and implementing the national system under this section, the Secretary of Health and Human Services shall take into consideration the State and Tribal plans referred to in the heading ``Public Health and Social Services Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139). (d) Reporting.--The Secretary of Health and Human Services shall-- (1) not later than December 31, 2021, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a preliminary report on the effectiveness of the activities carried out pursuant to this Act; and (2) not later than December 21, 2022, submit to such committees a final report on such effectiveness. SEC. 7. HEALTH DEPARTMENT GRANTS. (a) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of Health and Human Services. (b) Grants Authorized.--To implement the national system under section 6, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, subject to the availability of appropriations, award grants to State, local, Tribal, and territorial health departments that seek grants under this section to carry out coordinated testing, contact tracing, surveillance, containment, and mitigation with respect to COVID-19, including-- (1) diagnostic and surveillance testing and reporting; (2) community-based contact tracing efforts; and (3) policies related to voluntary isolation and quarantine of individuals infected with, or exposed to individuals infected with, the virus that causes COVID-19. (c) Flexibility.--The Secretary shall ensure that-- (1) the grants under subsection (b) provide flexibility for State, local, Tribal, and territorial health departments to modify, establish, or maintain evidence-based systems; and (2) local health departments receive funding from State health departments or directly from the Centers for Disease Control and Prevention to contribute to such systems, as appropriate. (d) Allocations.-- (1) Formula.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall allocate amounts made available pursuant to subsection (b) in accordance with a formula, to be established by the Secretary, that-- (A) provides a minimum level of funding to each State, local, Tribal, and territorial health department that seeks a grant under this section; and (B) allocates additional funding based on the following prioritization: (i) The Secretary shall give highest priority to applicants proposing to serve populations in one or more geographic regions with a high burden of COVID-19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary. (ii) The Secretary shall give second highest priority to applicants preparing for, or currently working to mitigate, a COVID-19 surge in a geographic region that does not yet have a high number of reported cases of COVID- 19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary. (iii) The Secretary shall give third highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary. (2) Notification.--Not later than the date that is 7 days before first awarding grants under this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a notification detailing the formula established under paragraph (1) for allocating amounts made available pursuant to subsection (b). (e) Use of Funds.--A State, local, Tribal, or territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for activities determined appropriate by the Director of the Centers for Disease Control and Prevention (in coordination with Tribal health organizations) to implement the national system under section 6. (f) Reporting.-- (1) In general.--The Secretary shall facilitate mechanisms for timely, standardized reporting by grantees under this section regarding implementation of the systems established under this section and coordinated processes with the reporting as required under the heading ``Public Health and Social Service Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139, 134 Stat. 620), including-- (A) a summary of county or local health department level information from the entities receiving funding under this section about the activities that will be undertaken using funding awarded under this section, including subgrants; and (B) any barriers in the prevention, testing, mitigation, or treatment of COVID-19 under this section. (2) Tribal data sovereignty.--The Secretary shall consult with Indian Tribes and Tribal organizations and coordinate with Tribal health organizations to ensure that any reporting process under this section honors and preserves the data sovereignty of individuals who are members of Indian Tribes or Tribal organizations (as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221)), including individuals who are members of Native Hawaiian organizations (as defined in such section 166), and urban Indian organizations. (g) Public Listing of Awards.--The Secretary shall-- (1) not later than 7 days after first awarding grants under this section, post in a searchable, electronic format a list of all awards made by the Secretary under this section, including the recipients and amounts of such awards; and (2) update such list not less than once every 7 days until all funds made available to carry out this section are expended. (h) Authorization of Appropriations.--Of the amounts appropriated to carry out this Act under section 9, $15,000,000,000 shall be used by the Secretary to carry out this section. SEC. 8. GUIDANCE AND TECHNICAL ASSISTANCE. (a) Department of Health and Human Services Guidelines.-- (1) In general.--Not later than 14 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in coordination with the heads of other Federal agencies as appropriate, shall issue guidance, provide technical assistance, and provide information to States, units of local government, Tribes, and territories, with respect to the following: (A) Best practices regarding contact tracing, including the collection of data with respect to such contact tracing and requirements related to the standardization of demographic and syndromic information collected as part of contact tracing efforts. (B) Best practices regarding COVID-19 disease surveillance, including best practices to reduce duplication in surveillance activities, identifying gaps in surveillance and surveillance systems, and ways in which the Secretary of Health and Human Services plans to effectively support State, local, Tribal, and territorial health departments in addressing such gaps. (C) Information on ways for State, local, Tribal, and territorial health departments to establish and maintain the contact tracing and surveillance activities described in subparagraphs (A) and (B). (D) Best practices regarding privacy and cybersecurity protection related to contact tracing, containment, and mitigation efforts. (2) Communication.--The Secretary of Health and Human Services shall identify and publicly announce the form and manner for communication with State, local, Tribal, and territorial health departments for purposes of carrying out the activities addressed by guidance issued under paragraph (1). (b) Labor and Workplace Related Guidance.--Not later than 14 days after the date of enactment of this Act, the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall provide guidance and technical assistance regarding how to provide individuals in contact tracing and pandemic response positions with healthy and safe working conditions. (c) Ongoing Provision of Guidance and Technical Assistance.-- Notwithstanding whether funds are available specifically to carry out this Act, guidance and technical assistance shall continue to be provided under this section. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $125,000,000,000 to remain available until expended. <all>

Jobs to Fight COVID–19 Act of 2021

To establish an initiative for national testing, contact tracing, and pandemic response, and for other purposes.

Jobs to Fight COVID–19 Act of 2021

Rep. Morelle, Joseph D.

D

NY

This bill requires the Department of Labor to award grants to states and other governmental and native American entities to (1) support the recruitment, placement, and training of—and provide employment to—certain individuals seeking employment in COVID-19 (i.e., coronavirus disease 2019) contact tracing and pandemic response positions; and (2) assist with the transition to new employment or education and training of these individuals in preparation for and upon termination of such employment. The employees must be paid at least the required prevailing wage and fringe benefit rates. In addition, the Centers for Disease Control and Prevention (CDC), in coordination with the Department of Health and Human Services and state, local, tribal, and territorial health departments, must establish and implement a national evidence-based system for COVID-19 testing, contact tracing, surveillance, containment, and mitigation. The CDC shall also award grants or contracts to these entities for such activities and to public entities to implement multilingual and culturally appropriate COVID-19 awareness campaigns.

SHORT TITLE. 2. 254b(b)(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) State.--The term ``State'' refers to each of the 50 States and the District of Columbia. GRANTS TO SUPPORT PANDEMIC PUBLIC WORKS. 3221); or (ii) an Indian-controlled organization serving Indians as defined in such section 166; or (C) a unit of local government, if an entity described in subparagraph (A) has not applied with respect to the area over which the unit has jurisdiction by the deadline required under subsection (b)(2)(B). (5) Eligible individual.--The term ``eligible individual'' means an individual seeking or securing employment in a contact tracing or pandemic response position and who is served by an eligible entity or community-based organization receiving funding under this section. (D) Grant awards.--The Secretary shall award a grant to an eligible entity under paragraph (1) not later than 15 days after the date on which applications are due under subparagraph (C). (ee) The formula shall give fifth highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary. 3225(d)(1)) and services described in section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. (j) Special Rule.--Any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in subsection (a), including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. SERVICE CONTRACT ACT APPLICATION. AWARENESS CAMPAIGNS. 6. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT TRACING, SURVEILLANCE, CONTAINMENT, AND MITIGATION. (d) Reporting.--The Secretary of Health and Human Services shall-- (1) not later than December 31, 2021, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a preliminary report on the effectiveness of the activities carried out pursuant to this Act; and (2) not later than December 21, 2022, submit to such committees a final report on such effectiveness. HEALTH DEPARTMENT GRANTS. (e) Use of Funds.--A State, local, Tribal, or territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for activities determined appropriate by the Director of the Centers for Disease Control and Prevention (in coordination with Tribal health organizations) to implement the national system under section 6. GUIDANCE AND TECHNICAL ASSISTANCE. (D) Best practices regarding privacy and cybersecurity protection related to contact tracing, containment, and mitigation efforts. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $125,000,000,000 to remain available until expended.

2. 254b(b)(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) State.--The term ``State'' refers to each of the 50 States and the District of Columbia. GRANTS TO SUPPORT PANDEMIC PUBLIC WORKS. 3221); or (ii) an Indian-controlled organization serving Indians as defined in such section 166; or (C) a unit of local government, if an entity described in subparagraph (A) has not applied with respect to the area over which the unit has jurisdiction by the deadline required under subsection (b)(2)(B). (5) Eligible individual.--The term ``eligible individual'' means an individual seeking or securing employment in a contact tracing or pandemic response position and who is served by an eligible entity or community-based organization receiving funding under this section. (ee) The formula shall give fifth highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary. 3225(d)(1)) and services described in section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. (j) Special Rule.--Any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in subsection (a), including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. SERVICE CONTRACT ACT APPLICATION. 6. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT TRACING, SURVEILLANCE, CONTAINMENT, AND MITIGATION. HEALTH DEPARTMENT GRANTS. (e) Use of Funds.--A State, local, Tribal, or territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for activities determined appropriate by the Director of the Centers for Disease Control and Prevention (in coordination with Tribal health organizations) to implement the national system under section 6. GUIDANCE AND TECHNICAL ASSISTANCE. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $125,000,000,000 to remain available until expended.

SHORT TITLE. 2. 254b(b)(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) State.--The term ``State'' refers to each of the 50 States and the District of Columbia. 5301 et seq. GRANTS TO SUPPORT PANDEMIC PUBLIC WORKS. ), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. 3221); or (ii) an Indian-controlled organization serving Indians as defined in such section 166; or (C) a unit of local government, if an entity described in subparagraph (A) has not applied with respect to the area over which the unit has jurisdiction by the deadline required under subsection (b)(2)(B). (5) Eligible individual.--The term ``eligible individual'' means an individual seeking or securing employment in a contact tracing or pandemic response position and who is served by an eligible entity or community-based organization receiving funding under this section. (D) Grant awards.--The Secretary shall award a grant to an eligible entity under paragraph (1) not later than 15 days after the date on which applications are due under subparagraph (C). (ee) The formula shall give fifth highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary. (B) Equitable distribution.--If the geographic region served by one or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under subsection (c)(5). 3225(d)(1)) and services described in section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. (2) The amount of the weekly benefit amount for such individual shall be the greater of-- (A) the weekly benefit amount such individual was receiving when such individual entered the program; or (B) a weekly benefit amount that is determined based on such individual's earnings from employment under the program. (j) Special Rule.--Any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in subsection (a), including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. SERVICE CONTRACT ACT APPLICATION. AWARENESS CAMPAIGNS. 6. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT TRACING, SURVEILLANCE, CONTAINMENT, AND MITIGATION. (d) Reporting.--The Secretary of Health and Human Services shall-- (1) not later than December 31, 2021, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a preliminary report on the effectiveness of the activities carried out pursuant to this Act; and (2) not later than December 21, 2022, submit to such committees a final report on such effectiveness. HEALTH DEPARTMENT GRANTS. (e) Use of Funds.--A State, local, Tribal, or territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for activities determined appropriate by the Director of the Centers for Disease Control and Prevention (in coordination with Tribal health organizations) to implement the national system under section 6. GUIDANCE AND TECHNICAL ASSISTANCE. (D) Best practices regarding privacy and cybersecurity protection related to contact tracing, containment, and mitigation efforts. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $125,000,000,000 to remain available until expended.

SHORT TITLE. 2. 254b(b)(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) State.--The term ``State'' refers to each of the 50 States and the District of Columbia. (6) Territory.--The term ``territory'' means the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. 5301 et seq. GRANTS TO SUPPORT PANDEMIC PUBLIC WORKS. ), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. 3221); or (ii) an Indian-controlled organization serving Indians as defined in such section 166; or (C) a unit of local government, if an entity described in subparagraph (A) has not applied with respect to the area over which the unit has jurisdiction by the deadline required under subsection (b)(2)(B). (5) Eligible individual.--The term ``eligible individual'' means an individual seeking or securing employment in a contact tracing or pandemic response position and who is served by an eligible entity or community-based organization receiving funding under this section. (D) Grant awards.--The Secretary shall award a grant to an eligible entity under paragraph (1) not later than 15 days after the date on which applications are due under subparagraph (C). (ee) The formula shall give fifth highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary. (B) Equitable distribution.--If the geographic region served by one or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under subsection (c)(5). (C) Providing eligible individuals with-- (i) adequate and safe equipment, environments, and facilities for training and supervision, as applicable; (ii) supplies and equipment needed by the program participants to support placement of an individual in contact tracing or pandemic response positions, as applicable; and (iii) services for the period during which the individual is employed in a contact tracing or pandemic response position to ensure job retention, which may include-- (I) supportive services throughout the term of employment; or (II) a continuation of skills training as related to employment in a contact tracing or pandemic response position, that is conducted in collaboration with the employers of such participants; and (5) supporting the transition and placement in unsubsidized employment for eligible individuals serving in the contact tracing or pandemic response positions after such positions are no longer necessary in the State or locality, which may include-- (A) providing additional disaster relief employment and employment and training activities described in subparagraphs (A) and (C) of section 170(d)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(1)) and services described in section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. 3304 note)) of the State shall, in the case of an individual who is receiving unemployment compensation under at the time the individual enrolls in a program funded under the grant, provide for the following: (1) Such individual shall be eligible to resume receiving unemployment compensation after leaving such program if the individual is unemployed. (2) The amount of the weekly benefit amount for such individual shall be the greater of-- (A) the weekly benefit amount such individual was receiving when such individual entered the program; or (B) a weekly benefit amount that is determined based on such individual's earnings from employment under the program. (2) Disaggregation.--All data reported under paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and, with respect to individuals with barriers to employment, subpopulation of such individuals, except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (j) Special Rule.--Any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in subsection (a), including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. SERVICE CONTRACT ACT APPLICATION. AWARENESS CAMPAIGNS. 6. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT TRACING, SURVEILLANCE, CONTAINMENT, AND MITIGATION. (d) Reporting.--The Secretary of Health and Human Services shall-- (1) not later than December 31, 2021, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a preliminary report on the effectiveness of the activities carried out pursuant to this Act; and (2) not later than December 21, 2022, submit to such committees a final report on such effectiveness. HEALTH DEPARTMENT GRANTS. (e) Use of Funds.--A State, local, Tribal, or territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for activities determined appropriate by the Director of the Centers for Disease Control and Prevention (in coordination with Tribal health organizations) to implement the national system under section 6. (f) Reporting.-- (1) In general.--The Secretary shall facilitate mechanisms for timely, standardized reporting by grantees under this section regarding implementation of the systems established under this section and coordinated processes with the reporting as required under the heading ``Public Health and Social Service Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139, 134 Stat. GUIDANCE AND TECHNICAL ASSISTANCE. (D) Best practices regarding privacy and cybersecurity protection related to contact tracing, containment, and mitigation efforts. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $125,000,000,000 to remain available until expended.

S.5269

Armed Forces and National Security

Focus on the Mission Act of 2022 This bill prohibits the Department of Defense from requiring the recipient of a federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.

To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. 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 ``Focus on the Mission Act of 2022''. SEC. 2. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO PROVIDE INFORMATION RELATING TO GREENHOUSE GAS EMISSIONS. (a) Definitions.--In this Act: (1) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory.--The term ``greenhouse gas inventory'' means a quantified list of an entity's annual greenhouse gas emissions. (3) Scope 1 emissions.--The term ``Scope 1 emissions'' means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions.--The term ``Scope 2 emissions'' means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity's own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions.--The term ``Scope 3 emissions'' means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity. (b) Prohibition on Disclosure Requirements.--The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions. <all>

Focus on the Mission Act of 2022

A bill to prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions.

Focus on the Mission Act of 2022

Sen. Hoeven, John

R

ND

This bill prohibits the Department of Defense from requiring the recipient of a federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.

To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. 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 ``Focus on the Mission Act of 2022''. SEC. 2. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO PROVIDE INFORMATION RELATING TO GREENHOUSE GAS EMISSIONS. (a) Definitions.--In this Act: (1) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory.--The term ``greenhouse gas inventory'' means a quantified list of an entity's annual greenhouse gas emissions. (3) Scope 1 emissions.--The term ``Scope 1 emissions'' means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions.--The term ``Scope 2 emissions'' means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity's own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions.--The term ``Scope 3 emissions'' means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity. (b) Prohibition on Disclosure Requirements.--The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions. <all>

To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. 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 ``Focus on the Mission Act of 2022''. SEC. 2. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO PROVIDE INFORMATION RELATING TO GREENHOUSE GAS EMISSIONS. (a) Definitions.--In this Act: (1) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory.--The term ``greenhouse gas inventory'' means a quantified list of an entity's annual greenhouse gas emissions. (3) Scope 1 emissions.--The term ``Scope 1 emissions'' means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions.--The term ``Scope 2 emissions'' means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity's own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions.--The term ``Scope 3 emissions'' means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity. (b) Prohibition on Disclosure Requirements.--The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions. <all>

To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. 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 ``Focus on the Mission Act of 2022''. SEC. 2. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO PROVIDE INFORMATION RELATING TO GREENHOUSE GAS EMISSIONS. (a) Definitions.--In this Act: (1) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory.--The term ``greenhouse gas inventory'' means a quantified list of an entity's annual greenhouse gas emissions. (3) Scope 1 emissions.--The term ``Scope 1 emissions'' means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions.--The term ``Scope 2 emissions'' means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity's own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions.--The term ``Scope 3 emissions'' means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity. (b) Prohibition on Disclosure Requirements.--The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions. <all>

To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. 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 ``Focus on the Mission Act of 2022''. SEC. 2. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO PROVIDE INFORMATION RELATING TO GREENHOUSE GAS EMISSIONS. (a) Definitions.--In this Act: (1) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory.--The term ``greenhouse gas inventory'' means a quantified list of an entity's annual greenhouse gas emissions. (3) Scope 1 emissions.--The term ``Scope 1 emissions'' means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions.--The term ``Scope 2 emissions'' means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity's own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions.--The term ``Scope 3 emissions'' means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity. (b) Prohibition on Disclosure Requirements.--The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions. <all>

H.R.9524

Taxation

Capital Loss Inflation Fairness Act This bill increases the allowance for capital losses and adjusts the increased allowance amount for inflation after 2023.

To amend the Internal Revenue Code of 1986 to increase the limitation on capital losses and index the limitation to inflation. 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 ``Capital Loss Inflation Fairness Act''. SEC. 2. INCREASED LIMITATION ON CAPITAL LOSSES. (a) In General.--Section 1211(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Other Taxpayers.-- ``(1) In general.--In the case of a taxpayer other than a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of the gains from such sales or exchanges, plus (if such losses exceed such gains) the lower of-- ``(A) $13,000 ($6,500 in the case of a married individual filing a separate return), or ``(B) the excess of such losses over such gains. ``(2) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2023, the dollar amounts in paragraph (1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to losses in taxable years beginning after December 31, 2021. <all>

Capital Loss Inflation Fairness Act

To amend the Internal Revenue Code of 1986 to increase the limitation on capital losses and index the limitation to inflation.

Capital Loss Inflation Fairness Act

Rep. Norman, Ralph

R

SC

This bill increases the allowance for capital losses and adjusts the increased allowance amount for inflation after 2023.

To amend the Internal Revenue Code of 1986 to increase the limitation on capital losses and index the limitation to inflation. 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 ``Capital Loss Inflation Fairness Act''. SEC. 2. INCREASED LIMITATION ON CAPITAL LOSSES. (a) In General.--Section 1211(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Other Taxpayers.-- ``(1) In general.--In the case of a taxpayer other than a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of the gains from such sales or exchanges, plus (if such losses exceed such gains) the lower of-- ``(A) $13,000 ($6,500 in the case of a married individual filing a separate return), or ``(B) the excess of such losses over such gains. ``(2) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2023, the dollar amounts in paragraph (1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to losses in taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to increase the limitation on capital losses and index the limitation to inflation. 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 ``Capital Loss Inflation Fairness Act''. SEC. 2. INCREASED LIMITATION ON CAPITAL LOSSES. (a) In General.--Section 1211(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Other Taxpayers.-- ``(1) In general.--In the case of a taxpayer other than a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of the gains from such sales or exchanges, plus (if such losses exceed such gains) the lower of-- ``(A) $13,000 ($6,500 in the case of a married individual filing a separate return), or ``(B) the excess of such losses over such gains. ``(2) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2023, the dollar amounts in paragraph (1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to losses in taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to increase the limitation on capital losses and index the limitation to inflation. 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 ``Capital Loss Inflation Fairness Act''. SEC. 2. INCREASED LIMITATION ON CAPITAL LOSSES. (a) In General.--Section 1211(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Other Taxpayers.-- ``(1) In general.--In the case of a taxpayer other than a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of the gains from such sales or exchanges, plus (if such losses exceed such gains) the lower of-- ``(A) $13,000 ($6,500 in the case of a married individual filing a separate return), or ``(B) the excess of such losses over such gains. ``(2) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2023, the dollar amounts in paragraph (1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to losses in taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to increase the limitation on capital losses and index the limitation to inflation. 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 ``Capital Loss Inflation Fairness Act''. SEC. 2. INCREASED LIMITATION ON CAPITAL LOSSES. (a) In General.--Section 1211(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Other Taxpayers.-- ``(1) In general.--In the case of a taxpayer other than a corporation, losses from sales or exchanges of capital assets shall be allowed only to the extent of the gains from such sales or exchanges, plus (if such losses exceed such gains) the lower of-- ``(A) $13,000 ($6,500 in the case of a married individual filing a separate return), or ``(B) the excess of such losses over such gains. ``(2) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2023, the dollar amounts in paragraph (1)(A) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2022' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to losses in taxable years beginning after December 31, 2021. <all>

H.R.2680

Taxation

Providing Real Opportunities for Growth to Rising Entrepreneurs for Sustained Success (PROGRESS) Act This bill provides for a new small business investor tax credit to promote investment in start-up businesses and a first employee tax credit equal to 25% of employee wages, up to $10,000 in a taxable year. An employer may elect to apply the amount of the first employee tax credit to payroll tax liability.

To amend the Internal Revenue Code of 1986 to provide a tax credit for investors in start-up businesses, to provide a credit for wages paid by start-up businesses to their first employees, 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 ``Providing Real Opportunities for Growth to Rising Entrepreneurs for Sustained Success (PROGRESS) Act''. SEC. 2. SMALL BUSINESS INVESTOR TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45U. SMALL BUSINESS INVESTOR TAX CREDIT. ``(a) General Rule.--For purposes of section 38, the small business investor credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined for the taxable year for all qualified investments of the taxpayer. ``(b) Credit Amount.--For purposes of this section-- ``(1) In general.--The term `credit amount' means, with respect to any qualified investment in a qualifying business entity, the lesser of-- ``(A) 10 percent of the amount of the qualified investment determined under subsection (c)(3) for the taxable year, or ``(B) an amount equal to-- ``(i) 50 percent of such qualified investment, reduced (but not below zero) by ``(ii) the amount of the credit determined under this section with respect to such qualified investment of the taxpayer for all preceding taxable years. ``(2) Overall dollar limitation.-- ``(A) In general.--The credit amount determined under paragraph (1) with respect to any qualified investment of a taxpayer in a qualifying business entity for any taxable year shall not exceed the lesser of-- ``(i) $10,000 (as increased for the taxable year by the cost-of-living adjustment under subsection (e)(2)), or ``(ii) an amount equal to-- ``(I) an amount equal to 5 times the amount under clause (i) for the taxable year, reduced (but not below zero) by ``(II) the amount of the credit determined under this section with respect to such qualified investment of the taxpayer for all preceding taxable years. ``(B) No credit amount by reason of cost-of-living adjustment after overall limit first reached.--No credit amount shall be determined under this section with respect to any qualified investment of a taxpayer in a qualifying business entity for any taxable year after the first taxable year for which the amount determined under subclause (II) of subparagraph (A)(ii) equals or exceeds the amount determined under subclause (I) of such subparagraph. ``(3) Reduction in credit amount where loan rate exceeds prime rate.-- ``(A) In general.--If-- ``(i) the rate of interest (expressed as an annual percentage rate) on a qualified investment which is a qualifying loan, exceeds ``(ii) the bank prime rate as of the first day of the month in which the loan is entered into (or such other time as the Secretary may specify), then each of the amounts determined under subparagraphs (A) and (B)(i) of paragraph (1) shall be reduced (but not below zero) by the amount which bears the same ratio to such amount as the number of full percentage points by which such rate of interest exceeds such bank prime rate bears to 25. ``(B) Special rules where qualifying loans treated as part of single investment.--If 1 or more qualifying loans to which subparagraph (A) applies are treated as part of a single qualified investment under subsection (c)(1), then, for purposes of this subsection-- ``(i) the credit amount under paragraph (1) for such single qualified investment shall be the sum of such credit amounts computed separately for each such qualifying loan and such credit amount computed for all other qualified investments treated as part of such single qualified investment, and ``(ii) the limitation under paragraph (2) shall be applied to such sum. ``(C) Rules relating to interest rates.-- ``(i) Annual percentage rate.--The Secretary shall prescribe guidance or regulations for the calculation of the annual percentage rate of interest on a loan for purposes of subparagraph (A)(i), including rules which provide for-- ``(I) the calculation of the annual percentage rate in cases where there is a variable rate of interest, ``(II) the recalculation of the annual percentage rate where the terms of the loan are modified after the loan is entered into, and ``(III) the proper taking into account of lump sum payments, orientation and application fees, closing fees, invoice discounting fees and any other loan fees. ``(ii) Bank prime rate.--For purposes of subparagraph (A)(ii), the term `bank prime rate' means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System. ``(4) Special rules for pass-thru entities.--For purposes of this subsection, if a qualified investment in a qualifying business entity is made by a partnership, trust, S corporation, or other pass-thru entity, the limitations under this subsection shall apply at the entity level. ``(c) Qualified Investment.--For purposes of this section-- ``(1) In general.--The term `qualified investment' means, with respect to any qualifying business entity, either of the following of the taxpayer: ``(A) The direct or indirect acquisition of stock, or a capital interest, in the entity at its original issue solely in exchange for cash. ``(B) A qualifying loan made to the entity. If a taxpayer has or had more than 1 qualified investment in any qualifying business entity for the taxable year or any prior taxable year, all such investments shall be treated as a single qualified investment for purposes of applying this section. ``(2) Exception for investments made by qualified active investors and related persons.--Such term shall not include any acquisition or loan made by a taxpayer who, immediately before the acquisition or loan, is a qualified active investor in the qualifying business entity or is related to any qualified active investor. ``(3) Amount of qualified investment.--The amount of a taxpayer's qualified investment with respect to any qualifying business entity for any taxable year shall be the monthly average for months ending within the taxable year of-- ``(A) the taxpayer's aggregate unadjusted bases in all stock or interests described in paragraph (1)(A) as of the close of each such month, and ``(B) the aggregate outstanding principal amount of all qualified loans described in paragraph (1)(B) as of the close of each such month. ``(4) Special rules for transfers of qualifying loans.-- ``(A) In general.--If a taxpayer sells, exchanges, or otherwise transfers all or any portion of a qualifying loan which is a qualified investment in a qualifying business entity, such investment shall be treated as a qualified investment in the hands of the transferee (and not of the transferor) for periods after the transfer. This paragraph shall also apply to any subsequent transfer of such interest. ``(B) Coordination of limits.--In applying subsection (b) to any qualifying loan treated as a qualified investment of a transferee under this paragraph-- ``(i) all credits determined under this section for any periods before the transfer with respect to the qualified investment of any prior holder of such investment shall be taken into account under paragraphs (1)(B)(ii) and (2)(A)(ii)(II) of such subsection in the same manner as if such credits were determined for the transferee for prior taxable years, and ``(ii) if only a portion of the qualified investment was transferred, the amount taken into account under such paragraphs by reason of clause (i) shall be ratably reduced to reflect only the portion so transferred. ``(d) Qualifying Business Entity.--For purposes of this section-- ``(1) Definition.-- ``(A) In general.--The term `qualifying business entity' means, with respect to any qualified investment, any entity which is engaged in 1 or more trades or businesses and with respect to which-- ``(i) the qualified active investor ownership requirements of paragraph (2) are met immediately before and after the qualified investment, ``(ii) the wage requirements of paragraph (3) are met, and ``(iii) the certification requirements of paragraph (4) are met. ``(B) Entities under common control.--For purposes of this section, all qualifying business entities treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single qualifying business entity. ``(2) Qualified active investor ownership requirements.-- The requirements of this paragraph are met with respect to any entity if qualified active investors own directly or indirectly-- ``(A) in the case of a corporation, more than 50 percent (by vote and value) of the stock in the corporation, and ``(B) in the case of any other entity, more than 50 percent of the capital or profits interests in the entity. ``(3) Wage requirements.-- ``(A) In general.--The requirements of this paragraph are met with respect to any entity if the entity, during the taxable year of the entity preceding the taxable year in which the qualified investment is made-- ``(i) employed at least 1 full-time employee, or employees constituting a full-time equivalent employee, in 1 or more trades or businesses of the entity, and ``(ii) paid W-2 wages to such employee or employees with respect to such employment. ``(B) Certain wages not taken into account.--W-2 wages shall not be taken into account under subparagraph (A) if paid by an entity to an employee, and such employee shall not be taken into account under subparagraph (A)(i), during any period the employee is-- ``(i) a qualified active investor, or ``(ii) an employee other than a qualified active investor who is a 5-percent owner (as defined in section 416(i)(1)(B)(i)) of the entity. ``(C) W-2 wages.--The term `W-2 wages' means, with respect to any entity, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by the entity with respect to employment of employees by the entity. ``(D) Full-time employees and equivalents.--For purposes of this paragraph-- ``(i) the term `full-time employee' has the meaning given to such term by section 4980H(c)(4), and ``(ii) the determination of the number of employees constituting a full-time equivalent shall be made in the same manner as under section 4980H(c)(2)(E). ``(4) Certification requirements.-- ``(A) In general.--The requirements of this paragraph are met with respect to any entity if the entity certifies, in such form and manner and at such time as the Secretary may prescribe, that, at the time of the qualified investment, the entity-- ``(i) is engaged in 1 or more trades or businesses, and ``(ii) meets the requirements of paragraphs (2) and (3) to be treated as a qualifying business entity. ``(B) Certification provided to investors and secretary.--An entity shall-- ``(i) provide the certification under subparagraph (A) to the person making the qualified investment at the time such investment is made, and ``(ii) include such certification, and the names, addresses, and taxpayer identification numbers of the entity's qualified active investors and the persons making the qualified investment, with its return of tax for the taxable year which includes the date of the qualified investment. ``(C) Certification included with return claiming credit.--No credit shall be determined under subsection (a) with respect to any taxpayer making a qualified investment in a qualifying business entity unless the taxpayer includes the certification under subparagraph (A) with respect to the investment with its return of tax for any taxable year for which such credit is being claimed. ``(D) Timely filed return required.--The requirements of subparagraph (B)(ii) or (C) shall be treated as met only if the return described in such subparagraph is filed on or before its due date (including extensions). ``(5) Qualified active investor.-- ``(A) In general.--The term `qualified active investor' means, with respect to any entity, an individual who-- ``(i) is a citizen or resident of the United States, ``(ii) materially participates (within the meaning of section 469(h)) in 1 or more trades or businesses of the entity, ``(iii) holds stock, or a capital or profits interest, in the entity, and ``(iv) meets the income requirements of subparagraph (B). ``(B) Income requirements.--The requirements of this subparagraph are met with respect to an individual if the average annual adjusted taxable income of the individual for the 3 taxable years of the individual immediately preceding the taxable year in which the qualified investment is made does not exceed the applicable amount. ``(C) Applicable amount.--For purposes of this paragraph, the term `applicable amount' means, with respect to any taxable year in which a qualified investment is made-- ``(i) in the case of an individual not described in clause (ii), $100,000 (as increased for the taxable year by the cost-of- living adjustment under subsection (e)(2)), and ``(ii) in the case of an individual who is a married individual filing a joint return or who is a head of household (as defined in section 2(b)) for the taxable year, an amount equal to 2 times the amount in effect under clause (i) for the taxable year. ``(D) Rules for determining average taxable income.--For purposes of this paragraph-- ``(i) a married individual filing a separate return of tax for any taxable year shall include the adjusted taxable income of their spouse in computing the individual's average adjusted taxable income for any period unless the Secretary determines that the spouse's information is not available to the individual, and ``(ii) the Secretary shall prescribe rules for the determination of average adjusted taxable income in cases where the individual had different filing statuses for the 3 taxable years described in subparagraph (B). ``(E) Adjusted taxable income.--The term `adjusted taxable income' means taxable income computed without regard to the deductions under sections 172 and 199A. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Related persons.--A person shall be treated as related to another person if the person bears a relationship to such other person described in section 267(b), except that section 267(b) shall be applied by substituting `5 percent' for `50 percent' each place it appears. ``(2) Cost-of-living adjustments.--In the case of any taxable year beginning after 2022, the $10,000 amount under subsection (b)(2)(A)(i) and the $100,000 amount under subsection (d)(5)(C)(i) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase in such $10,000 amount is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100 and if any increase in such $100,000 amount is not a multiple of $1,000, such increase shall be rounded to the next lowest multiple of $1,000. ``(3) Rules relating to entities.-- ``(A) Sole proprietorships.--If a taxpayer carries on 1 or more trades or businesses as sole proprietorships, all such trades or businesses shall be treated as a single entity for purposes of applying this section. ``(B) Application to disregarded entities.--In the case of any entity with a single owner which is disregarded as an entity separate from its owner for purposes of this title, this section shall be applied in the same manner as if such entity were a corporation. ``(f) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the provisions of this section.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the small business investor credit determined under section 45U(a).''. (c) Credit Allowed Against Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45U,''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45U. Small business investor tax credit.''. (e) Effective Date.--The amendments made by this section shall apply to qualified investments made in taxable years beginning after December 31, 2021. SEC. 3. FIRST EMPLOYEE BUSINESS WAGE CREDIT. (a) Allowance of Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new section: ``SEC. 45V. FIRST EMPLOYEE BUSINESS WAGE CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a qualifying business entity, the first employee business wage credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified wages of the entity for the taxable year. ``(b) Dollar Limitations.-- ``(1) In general.--The amount of the credit determined under subsection (a) with respect to any qualifying business entity for any taxable year shall not exceed the lesser of-- ``(A) $10,000 (as increased for the taxable year by the cost-of-living adjustment under subsection (f)), or ``(B) the excess (if any) of-- ``(i) an amount equal to 4 times the amount under subparagraph (A) for the taxable year, over ``(ii) the amount of the credit determined under this section with respect to such entity for all preceding taxable years. ``(2) No credit by reason of cost-of-living adjustment after overall limit first reached.--No credit shall be determined under this section with respect to any qualifying business entity for any taxable year after the first taxable year for which the amount determined under clause (ii) of paragraph (1)(B) equals or exceeds the amount determined under clause (i) of such paragraph. ``(3) Pass-thru entities.--If a qualifying business entity is a partnership, trust, S corporation, or other pass-thru entity, the limitations under this subsection shall apply at the entity level. ``(c) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means, with respect to any qualifying business entity, the amount of W-2 wages paid or incurred during any eligible taxable year to employees for services performed in connection with a trade or business of the entity. ``(2) Exception for qualified active investors and 5- percent owner-employees.--W-2 wages shall not be taken into account under paragraph (1) if paid by an entity to an employee, and such employee shall not be taken into account under paragraph (3)(A), during any period the employee is-- ``(A) a qualified active investor, or ``(B) an employee other than a qualified active investor who is a 5-percent owner (as defined in section 416(i)(1)(B)(i)) of the entity. ``(3) Eligible taxable year.-- ``(A) In general.--The term `eligible taxable year' means any taxable year of a qualifying business entity-- ``(i) which occurs during the period-- ``(I) beginning with the first taxable year of the entity in which the entity employed at least 1 full-time employee (or employees constituting a full-time equivalent employee) in 1 or more trades or businesses of the entity during the taxable year and paid W-2 wages to such employee or employees with respect to such employment, and ``(II) ending with the last taxable year for which a credit may be determined for the entity under this section by reason of the limitation under subsection (b)(2), and ``(ii) in the case of a taxable year other than the first taxable year described in clause (i)(I), with respect to which the entity meets the employment and wage requirements of such clause. Such term shall not include any taxable year during such a period if the first taxable year described in clause (i)(I) of the entity (or any predecessor) begins before January 1, 2020. ``(B) W-2 wages; full-time employees.--For purposes of this subsection, W-2 wages, full-time employees, and full-time employee equivalents shall be determined in the same manner as under section 45U. ``(d) Qualifying Business Entity.--For purposes of this section-- ``(1) Qualifying business entity defined.-- ``(A) In general.--The term `qualifying business entity' means, with respect to any taxable year for which a credit under this section is being determined, any entity-- ``(i) which is engaged in 1 or more trades or businesses, ``(ii) with respect to which the qualified active investor ownership requirements of paragraph (2) of section 45U(d) are met as of the close of such taxable year (rather than immediately before and after the qualified investment), and ``(iii) with respect to which the certification requirements of paragraph (2) are met. ``(B) Entities under common control.--For purposes of this section-- ``(i) In general.--All qualifying business entities treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single qualifying business entity. ``(ii) Allocation of credit.--Except as provided in regulations, the credit under this section shall be allocated among the entities comprising the single entity described in clause (i) in proportion to the qualified wages of each such entity taken into account under subsection (a). ``(2) Certification requirements.-- ``(A) In general.--The requirements of this paragraph are met with respect to any entity for any taxable year described in paragraph (1) if the entity certifies, in such form and manner and at such time as the Secretary may prescribe, that the entity meets the requirements described in clauses (i) and (ii) of paragraph (1)(A). ``(B) Certification provided to secretary.--An entity shall include the certification under subparagraph (A), and the names, addresses, and taxpayer identification numbers of the entity's qualified active investors (and employees who are 5- percent owners described in subsection (c)(2)(B)), with its return of tax for the taxable year to which the certification relates. The requirement of this subparagraph is met only if such return is filed before its due date (including extensions). ``(3) Qualified active investor.--For purposes of this section (including applying the requirements of paragraph (2) of section 45U(d) for purposes of paragraph (1)(A)(ii)), the term `qualified active investor' has the same meaning given such term by section 45U(d)(5), except that such section shall be applied separately for each taxable year described in paragraph (1) (rather than the taxable year of the qualified investment). ``(e) Election To Apply Credit Against Payroll Taxes.-- ``(1) In general.--At the election of a qualifying business entity, section 3111(g) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 280C) as a credit determined under subsection (a). ``(2) Payroll tax credit portion.--For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualifying business entity for any taxable year is the least of-- ``(A) the amount specified in the election made under this subsection, ``(B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or ``(C) in the case of a qualifying business entity other than a partnership, estate, S corporation or other pass-thru entity, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). ``(3) Election.-- ``(A) In general.--Any election under this subsection for any taxable year-- ``(i) shall specify the amount of the credit to which such election applies, ``(ii) shall be made on or before the due date (including extensions) of the return for the taxable year, and ``(iii) may be revoked only with the consent of the Secretary. ``(B) Special rule for pass-thru entities.--In the case of a partnership, estate, S corporation, or other pass-thru entity, the election made under this subsection shall be made at the entity level. ``(f) Cost-of-Living Adjustments.--In the case of any taxable year beginning after 2022, the $10,000 amount under subsection (b)(1)(A) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase in such amount is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. ``(g) Other Rules.--For purposes of this section-- ``(1) Rules relating to entities.--Rules similar to the rules of section 45U(e)(3) shall apply. ``(2) Election not to have credit apply.-- ``(A) In general.--A taxpayer may elect not to have this section apply for any taxable year. ``(B) Other rules.--Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this paragraph. ``(3) Certain other rules made applicable.--Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. ``(h) Regulations.--The Secretary shall prescribe such regulations or other guidance as may be necessary to carrying out the provisions of this section, including regulations-- ``(1) preventing the avoidance of the limitations under this section in cases in which there is a successor or new qualified business entity with respect to the same trade or business for which a predecessor qualified business entity already claimed the credit under this section, ``(2) to minimize compliance and recordkeeping burdens under the provisions of this section, and ``(3) for recapturing the benefit of credits determined under section 3111(g) in cases where there is a recapture or a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment.''. (2) Credit to be part of general business credit.--Section 38(b) of such Code, as amended by section 2, is amended by striking ``plus'' at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(35) the first employee business wage credit determined under section 45V(a).''. (3) Credit allowed against alternative minimum tax.-- Section 38(c)(4)(B) of such Code, as amended by section 2, is amended by redesignating clauses (xi), (xii), and (xiii) as clauses (xii), (xiii), and (xiv), respectively, and by inserting after clause (x) the following new clause: ``(xi) the credit determined under section 45V,''. (4) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code, as amended by section 2, is amended by adding at the end the following new item: ``Sec. 45V. First employee business wage credit.''. (b) Payroll Tax Credit.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Credit for First Employee Business Wage Expenses.-- ``(1) In general.--In the case of a taxpayer who has made an election under section 45V(e) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return for the taxable year an amount equal to the payroll tax credit portion determined under section 45V(e)(2). ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. ``(3) Carryover of unused credit.--If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. ``(4) Deduction allowed for credited amounts.-- Notwithstanding section 280C(a), the credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a).''. (c) Coordination With Deductions and Other Credits.-- (1) Deductions.--Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting ``45V(a),'' after ``45S(a),''. (2) Other credits.-- (A) Section 41(b)(2)(D) of such Code is amended by adding at the end the following: ``(iv) Exclusion for wages to which first employee wage credit applies.--The term `wages' shall not include any amount taken into account in determining the credit under section 45V.''. (B) Section 45A(b)(1) of such Code is amended by adding at the end the following: ``(C) Coordination with first employee wage credit.--The term `qualified wages' shall not include wages if any portion of such wages is taken into account in determining the credit under section 45V.''. (C) Section 1396(c)(3) of such Code is amended-- (i) by striking ``section 51'' each place it appears and inserting ``section 45V or 51'', and (ii) by inserting ``and first employee wage'' after ``opportunity'' in the heading thereof. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Providing Real Opportunities for Growth to Rising Entrepreneurs for Sustained Success (PROGRESS) Act

To amend the Internal Revenue Code of 1986 to provide a tax credit for investors in start-up businesses, to provide a credit for wages paid by start-up businesses to their first employees, and for other purposes.

Providing Real Opportunities for Growth to Rising Entrepreneurs for Sustained Success (PROGRESS) Act

Rep. Chu, Judy

D

CA

This bill provides for a new small business investor tax credit to promote investment in start-up businesses and a first employee tax credit equal to 25% of employee wages, up to $10,000 in a taxable year. An employer may elect to apply the amount of the first employee tax credit to payroll tax liability.

2. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. SMALL BUSINESS INVESTOR TAX CREDIT. ``(C) Rules relating to interest rates.-- ``(i) Annual percentage rate.--The Secretary shall prescribe guidance or regulations for the calculation of the annual percentage rate of interest on a loan for purposes of subparagraph (A)(i), including rules which provide for-- ``(I) the calculation of the annual percentage rate in cases where there is a variable rate of interest, ``(II) the recalculation of the annual percentage rate where the terms of the loan are modified after the loan is entered into, and ``(III) the proper taking into account of lump sum payments, orientation and application fees, closing fees, invoice discounting fees and any other loan fees. ``(B) A qualifying loan made to the entity. If a taxpayer has or had more than 1 qualified investment in any qualifying business entity for the taxable year or any prior taxable year, all such investments shall be treated as a single qualified investment for purposes of applying this section. ``(E) Adjusted taxable income.--The term `adjusted taxable income' means taxable income computed without regard to the deductions under sections 172 and 199A. ``(2) Cost-of-living adjustments.--In the case of any taxable year beginning after 2022, the $10,000 amount under subsection (b)(2)(A)(i) and the $100,000 amount under subsection (d)(5)(C)(i) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. 45U. 3. FIRST EMPLOYEE BUSINESS WAGE CREDIT. ``(2) Exception for qualified active investors and 5- percent owner-employees.--W-2 wages shall not be taken into account under paragraph (1) if paid by an entity to an employee, and such employee shall not be taken into account under paragraph (3)(A), during any period the employee is-- ``(A) a qualified active investor, or ``(B) an employee other than a qualified active investor who is a 5-percent owner (as defined in section 416(i)(1)(B)(i)) of the entity. ``(2) Certification requirements.-- ``(A) In general.--The requirements of this paragraph are met with respect to any entity for any taxable year described in paragraph (1) if the entity certifies, in such form and manner and at such time as the Secretary may prescribe, that the entity meets the requirements described in clauses (i) and (ii) of paragraph (1)(A). The requirement of this subparagraph is met only if such return is filed before its due date (including extensions). ``(g) Other Rules.--For purposes of this section-- ``(1) Rules relating to entities.--Rules similar to the rules of section 45U(e)(3) shall apply. 45V.

2. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. SMALL BUSINESS INVESTOR TAX CREDIT. ``(B) A qualifying loan made to the entity. If a taxpayer has or had more than 1 qualified investment in any qualifying business entity for the taxable year or any prior taxable year, all such investments shall be treated as a single qualified investment for purposes of applying this section. ``(E) Adjusted taxable income.--The term `adjusted taxable income' means taxable income computed without regard to the deductions under sections 172 and 199A. ``(2) Cost-of-living adjustments.--In the case of any taxable year beginning after 2022, the $10,000 amount under subsection (b)(2)(A)(i) and the $100,000 amount under subsection (d)(5)(C)(i) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. 45U. 3. FIRST EMPLOYEE BUSINESS WAGE CREDIT. ``(2) Certification requirements.-- ``(A) In general.--The requirements of this paragraph are met with respect to any entity for any taxable year described in paragraph (1) if the entity certifies, in such form and manner and at such time as the Secretary may prescribe, that the entity meets the requirements described in clauses (i) and (ii) of paragraph (1)(A). ``(g) Other Rules.--For purposes of this section-- ``(1) Rules relating to entities.--Rules similar to the rules of section 45U(e)(3) shall apply. 45V.

SHORT TITLE. 2. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. SMALL BUSINESS INVESTOR TAX CREDIT. ``(C) Rules relating to interest rates.-- ``(i) Annual percentage rate.--The Secretary shall prescribe guidance or regulations for the calculation of the annual percentage rate of interest on a loan for purposes of subparagraph (A)(i), including rules which provide for-- ``(I) the calculation of the annual percentage rate in cases where there is a variable rate of interest, ``(II) the recalculation of the annual percentage rate where the terms of the loan are modified after the loan is entered into, and ``(III) the proper taking into account of lump sum payments, orientation and application fees, closing fees, invoice discounting fees and any other loan fees. ``(ii) Bank prime rate.--For purposes of subparagraph (A)(ii), the term `bank prime rate' means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System. ``(B) A qualifying loan made to the entity. If a taxpayer has or had more than 1 qualified investment in any qualifying business entity for the taxable year or any prior taxable year, all such investments shall be treated as a single qualified investment for purposes of applying this section. ``(D) Full-time employees and equivalents.--For purposes of this paragraph-- ``(i) the term `full-time employee' has the meaning given to such term by section 4980H(c)(4), and ``(ii) the determination of the number of employees constituting a full-time equivalent shall be made in the same manner as under section 4980H(c)(2)(E). ``(E) Adjusted taxable income.--The term `adjusted taxable income' means taxable income computed without regard to the deductions under sections 172 and 199A. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Related persons.--A person shall be treated as related to another person if the person bears a relationship to such other person described in section 267(b), except that section 267(b) shall be applied by substituting `5 percent' for `50 percent' each place it appears. ``(2) Cost-of-living adjustments.--In the case of any taxable year beginning after 2022, the $10,000 amount under subsection (b)(2)(A)(i) and the $100,000 amount under subsection (d)(5)(C)(i) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. 45U. 3. FIRST EMPLOYEE BUSINESS WAGE CREDIT. ``(2) Exception for qualified active investors and 5- percent owner-employees.--W-2 wages shall not be taken into account under paragraph (1) if paid by an entity to an employee, and such employee shall not be taken into account under paragraph (3)(A), during any period the employee is-- ``(A) a qualified active investor, or ``(B) an employee other than a qualified active investor who is a 5-percent owner (as defined in section 416(i)(1)(B)(i)) of the entity. ``(2) Certification requirements.-- ``(A) In general.--The requirements of this paragraph are met with respect to any entity for any taxable year described in paragraph (1) if the entity certifies, in such form and manner and at such time as the Secretary may prescribe, that the entity meets the requirements described in clauses (i) and (ii) of paragraph (1)(A). The requirement of this subparagraph is met only if such return is filed before its due date (including extensions). ``(B) Special rule for pass-thru entities.--In the case of a partnership, estate, S corporation, or other pass-thru entity, the election made under this subsection shall be made at the entity level. If any increase in such amount is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. ``(g) Other Rules.--For purposes of this section-- ``(1) Rules relating to entities.--Rules similar to the rules of section 45U(e)(3) shall apply. 45V. ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer.

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 ``Providing Real Opportunities for Growth to Rising Entrepreneurs for Sustained Success (PROGRESS) Act''. 2. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. SMALL BUSINESS INVESTOR TAX CREDIT. ``(C) Rules relating to interest rates.-- ``(i) Annual percentage rate.--The Secretary shall prescribe guidance or regulations for the calculation of the annual percentage rate of interest on a loan for purposes of subparagraph (A)(i), including rules which provide for-- ``(I) the calculation of the annual percentage rate in cases where there is a variable rate of interest, ``(II) the recalculation of the annual percentage rate where the terms of the loan are modified after the loan is entered into, and ``(III) the proper taking into account of lump sum payments, orientation and application fees, closing fees, invoice discounting fees and any other loan fees. ``(ii) Bank prime rate.--For purposes of subparagraph (A)(ii), the term `bank prime rate' means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System. ``(B) A qualifying loan made to the entity. If a taxpayer has or had more than 1 qualified investment in any qualifying business entity for the taxable year or any prior taxable year, all such investments shall be treated as a single qualified investment for purposes of applying this section. This paragraph shall also apply to any subsequent transfer of such interest. ``(D) Full-time employees and equivalents.--For purposes of this paragraph-- ``(i) the term `full-time employee' has the meaning given to such term by section 4980H(c)(4), and ``(ii) the determination of the number of employees constituting a full-time equivalent shall be made in the same manner as under section 4980H(c)(2)(E). ``(E) Adjusted taxable income.--The term `adjusted taxable income' means taxable income computed without regard to the deductions under sections 172 and 199A. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Related persons.--A person shall be treated as related to another person if the person bears a relationship to such other person described in section 267(b), except that section 267(b) shall be applied by substituting `5 percent' for `50 percent' each place it appears. ``(2) Cost-of-living adjustments.--In the case of any taxable year beginning after 2022, the $10,000 amount under subsection (b)(2)(A)(i) and the $100,000 amount under subsection (d)(5)(C)(i) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. ``(3) Rules relating to entities.-- ``(A) Sole proprietorships.--If a taxpayer carries on 1 or more trades or businesses as sole proprietorships, all such trades or businesses shall be treated as a single entity for purposes of applying this section. (c) Credit Allowed Against Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45U,''. 45U. 3. FIRST EMPLOYEE BUSINESS WAGE CREDIT. ``(2) Exception for qualified active investors and 5- percent owner-employees.--W-2 wages shall not be taken into account under paragraph (1) if paid by an entity to an employee, and such employee shall not be taken into account under paragraph (3)(A), during any period the employee is-- ``(A) a qualified active investor, or ``(B) an employee other than a qualified active investor who is a 5-percent owner (as defined in section 416(i)(1)(B)(i)) of the entity. ``(2) Certification requirements.-- ``(A) In general.--The requirements of this paragraph are met with respect to any entity for any taxable year described in paragraph (1) if the entity certifies, in such form and manner and at such time as the Secretary may prescribe, that the entity meets the requirements described in clauses (i) and (ii) of paragraph (1)(A). The requirement of this subparagraph is met only if such return is filed before its due date (including extensions). ``(e) Election To Apply Credit Against Payroll Taxes.-- ``(1) In general.--At the election of a qualifying business entity, section 3111(g) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 280C) as a credit determined under subsection (a). ``(B) Special rule for pass-thru entities.--In the case of a partnership, estate, S corporation, or other pass-thru entity, the election made under this subsection shall be made at the entity level. If any increase in such amount is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. ``(g) Other Rules.--For purposes of this section-- ``(1) Rules relating to entities.--Rules similar to the rules of section 45U(e)(3) shall apply. 45V. ``(2) Limitation.--The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021.

H.R.395

International Affairs

Protecting American Resources, Innovation, and Sovereignty Act or the PARIS Act This bill requires the President to submit a report to Congress prior to taking certain actions under the Paris Agreement, and it gives Congress the authority to block such actions. The bill also prohibits any legal cause of action in U.S. courts pursuant to the Paris Agreement.

To ensure transparency with Congress and the American people by requiring that the President report to Congress on a nationally determined contribution to the Paris Agreement prior to the submission of the nationally determined contribution to the United Nations Framework Convention on Climate Change Secretariat and to provide that nothing in the Paris Agreement may be used to establish or demonstrate the existence of a violation of United States law or an offense against the law of nations in United States courts, 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 cited as the ``Protecting American Resources, Innovation, and Sovereignty Act'' or ``PARIS Act''. SEC. 2. RULES OF CONSTRUCTION RELATING TO PARIS AGREEMENT. (a) Relating to Paris Agreement.--Nothing in the Paris Agreement may be used to establish or demonstrate the existence of a violation of United States law or an offense against the law of nations in United States courts, including-- (1) to establish standing, a cause of action, or a source of damages as a matter of law; or (2) to demonstrate whether an action by a Federal agency is arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law. (b) Relating to This Act.--Nothing in subsection (a) may be construed to modify or limit any obligation of the United States pursuant to an international treaty that was ratified by the President with the advice and consent of the Senate, including the United Nations Framework Convention on Climate Change. SEC. 3. ACTIONS TO ESTABLISH OR REVISE UNITED STATES NATIONALLY DETERMINED CONTRIBUTION UNDER THE PARIS AGREEMENT. (a) In General.--Any action to establish or revise the United States nationally determined contribution under the Paris Agreement shall have force and effect only if-- (1) before the President submits the nationally determined contribution to the United Nations Framework Convention on Climate Change Secretariat, the President submits to Congress a report that-- (A) describes the proposed action; (B) includes a plan for the United States to meet its nationally determined contribution under the Paris Agreement that details-- (i) a complete description of measures under the authority of the Federal Government necessary to achieve the United States nationally determined contribution, including new or revised regulations, new or revised authorities that require congressional actions, and new or revised financial incentives; and (ii) how the United States will use the Paris Agreement's transparency provisions to confirm that other parties to the Agreement, including all major emitters, are fulfilling their announced contributions to the Agreement; (C) describes how the United States nationally determined contribution will impact the level of total global emissions, based on the most recent available global emissions data, and how the United States nationally determined contribution in the aggregate with the nationally determined contributions of other countries submitted under the Paris Agreement will result in a reduction of global emissions below 2005 levels by 2036 or by the date that is 15 years after the submission of the United States nationally determined contribution, whichever occurs later; (D) if any measure described in subparagraph (B)(i) results in increased costs of energy produced or consumed in the United States or increased costs to manufacture or produce goods or resources in the United States, includes specific policy measures that will prevent-- (i) job displacement that would result as a result of any such measure; (ii) reduced global competitiveness of goods and resources manufactured or produced in the United States as a result of any such measure; and (iii) leaked emissions, including new or increased lifecycle greenhouse gas emissions that will occur outside of the United States, as a result of any such measure; (E) includes a specific timeline for implementing the specific policy measures described in subparagraph (D) in a manner that such measures are fully implemented and in effect prior to or simultaneously with implementation and effectiveness of the measures described in subparagraph (B)(i) in order to ensure there is no period of time when domestic jobs and manufacturing will be negatively impacted by such measures described in subparagraph (B)(i); and (F) contains a determination of the President that the proposed action is in the national interest of the United States; and (2) during the 60-day period beginning on the date on which the report is submitted under paragraph (1), a joint resolution of disapproval described in subsection (b) with respect to the proposed action is not enacted into law. (b) Joint Resolution of Disapproval.-- (1) In general.--In this subsection, the term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress-- (A) the title of which is as follows: ``A joint resolution disapproving the action of the President to establish or revise the United States nationally determined contribution under the Paris Agreement.''; and (B) the sole matter after the resolving clause of which is as follows: ``Congress disapproves of the action of the President to establish or revise the United States nationally determined contribution under the Paris Agreement as proposed by the President in the report submitted to Congress under section 3(a)(1) of the Protecting American Resources, Innovation, and Sovereignty Act on __ relating to __.'', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. (2) Congressional procedures.--A joint resolution of disapproval shall be considered in the House of Representatives and the Senate in accordance with paragraphs (3) through (5) of section 135(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2160e(e)). SEC. 4. DEFINITIONS. In this Act: (1) Major emitter.--The term ``major emitter'' means any country, or defined group of countries that share a common nationally determined contribution under the Paris Agreement, that accounts for at least one percent of global greenhouse gas emissions based on most recent data as determined by the Department of State. (2) Paris agreement.--The term ``Paris Agreement'' means the decision by the United Nations Framework Convention on Climate Change's 21st Conference of Parties in Paris, France, adopted December 12, 2015. <all>

To ensure transparency with Congress and the American people by requiring that the President report to Congress on a nationally determined contribution to the Paris Agreement prior to the submission of the nationally determined contribution to the United Nations Framework Convention on Climate Change Secretariat and to provide that nothing in the Paris Agreement may be used to establish or demonstrate the existence of a violation of United States law or an offense against the law of nations in United States courts, and for other purposes.

To ensure transparency with Congress and the American people by requiring that the President report to Congress on a nationally determined contribution to the Paris Agreement prior to the submission of the nationally determined contribution to the United Nations Framework Convention on Climate Change Secretariat and to provide that nothing in the Paris Agreement may be used to establish or demonstrate the existence of a violation of United States law or an offense against the law of nations in United States courts, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To ensure transparency with Congress and the American people by requiring that the President report to Congress on a nationally determined contribution to the Paris Agreement prior to the submission of the nationally determined contribution to the United Nations Framework Convention on Climate Change Secretariat and to provide that nothing in the Paris Agreement may be used to establish or demonstrate the existence of a violation of United States law or an offense against the law of nations in United States courts, and for other purposes.

Rep. Foxx, Virginia

R

NC

This bill requires the President to submit a report to Congress prior to taking certain actions under the Paris Agreement, and it gives Congress the authority to block such actions. The bill also prohibits any legal cause of action in U.S. courts pursuant to the Paris Agreement.

This Act may cited as the ``Protecting American Resources, Innovation, and Sovereignty Act'' or ``PARIS Act''. 2. 3. ACTIONS TO ESTABLISH OR REVISE UNITED STATES NATIONALLY DETERMINED CONTRIBUTION UNDER THE PARIS AGREEMENT. (b) Joint Resolution of Disapproval.-- (1) In general.--In this subsection, the term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress-- (A) the title of which is as follows: ``A joint resolution disapproving the action of the President to establish or revise the United States nationally determined contribution under the Paris Agreement. 2160e(e)). SEC.

This Act may cited as the ``Protecting American Resources, Innovation, and Sovereignty Act'' or ``PARIS Act''. 2. 3. ACTIONS TO ESTABLISH OR REVISE UNITED STATES NATIONALLY DETERMINED CONTRIBUTION UNDER THE PARIS AGREEMENT. (b) Joint Resolution of Disapproval.-- (1) In general.--In this subsection, the term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress-- (A) the title of which is as follows: ``A joint resolution disapproving the action of the President to establish or revise the United States nationally determined contribution under the Paris Agreement. 2160e(e)). SEC.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may cited as the ``Protecting American Resources, Innovation, and Sovereignty Act'' or ``PARIS Act''. 2. RULES OF CONSTRUCTION RELATING TO PARIS AGREEMENT. (a) Relating to Paris Agreement.--Nothing in the Paris Agreement may be used to establish or demonstrate the existence of a violation of United States law or an offense against the law of nations in United States courts, including-- (1) to establish standing, a cause of action, or a source of damages as a matter of law; or (2) to demonstrate whether an action by a Federal agency is arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law. 3. ACTIONS TO ESTABLISH OR REVISE UNITED STATES NATIONALLY DETERMINED CONTRIBUTION UNDER THE PARIS AGREEMENT. (a) In General.--Any action to establish or revise the United States nationally determined contribution under the Paris Agreement shall have force and effect only if-- (1) before the President submits the nationally determined contribution to the United Nations Framework Convention on Climate Change Secretariat, the President submits to Congress a report that-- (A) describes the proposed action; (B) includes a plan for the United States to meet its nationally determined contribution under the Paris Agreement that details-- (i) a complete description of measures under the authority of the Federal Government necessary to achieve the United States nationally determined contribution, including new or revised regulations, new or revised authorities that require congressional actions, and new or revised financial incentives; and (ii) how the United States will use the Paris Agreement's transparency provisions to confirm that other parties to the Agreement, including all major emitters, are fulfilling their announced contributions to the Agreement; (C) describes how the United States nationally determined contribution will impact the level of total global emissions, based on the most recent available global emissions data, and how the United States nationally determined contribution in the aggregate with the nationally determined contributions of other countries submitted under the Paris Agreement will result in a reduction of global emissions below 2005 levels by 2036 or by the date that is 15 years after the submission of the United States nationally determined contribution, whichever occurs later; (D) if any measure described in subparagraph (B)(i) results in increased costs of energy produced or consumed in the United States or increased costs to manufacture or produce goods or resources in the United States, includes specific policy measures that will prevent-- (i) job displacement that would result as a result of any such measure; (ii) reduced global competitiveness of goods and resources manufactured or produced in the United States as a result of any such measure; and (iii) leaked emissions, including new or increased lifecycle greenhouse gas emissions that will occur outside of the United States, as a result of any such measure; (E) includes a specific timeline for implementing the specific policy measures described in subparagraph (D) in a manner that such measures are fully implemented and in effect prior to or simultaneously with implementation and effectiveness of the measures described in subparagraph (B)(i) in order to ensure there is no period of time when domestic jobs and manufacturing will be negatively impacted by such measures described in subparagraph (B)(i); and (F) contains a determination of the President that the proposed action is in the national interest of the United States; and (2) during the 60-day period beginning on the date on which the report is submitted under paragraph (1), a joint resolution of disapproval described in subsection (b) with respect to the proposed action is not enacted into law. (b) Joint Resolution of Disapproval.-- (1) In general.--In this subsection, the term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress-- (A) the title of which is as follows: ``A joint resolution disapproving the action of the President to establish or revise the United States nationally determined contribution under the Paris Agreement. '', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. 2160e(e)). SEC. 4. DEFINITIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may cited as the ``Protecting American Resources, Innovation, and Sovereignty Act'' or ``PARIS Act''. 2. RULES OF CONSTRUCTION RELATING TO PARIS AGREEMENT. (a) Relating to Paris Agreement.--Nothing in the Paris Agreement may be used to establish or demonstrate the existence of a violation of United States law or an offense against the law of nations in United States courts, including-- (1) to establish standing, a cause of action, or a source of damages as a matter of law; or (2) to demonstrate whether an action by a Federal agency is arbitrary or capricious, an abuse of discretion, or otherwise not in accordance with law. (b) Relating to This Act.--Nothing in subsection (a) may be construed to modify or limit any obligation of the United States pursuant to an international treaty that was ratified by the President with the advice and consent of the Senate, including the United Nations Framework Convention on Climate Change. 3. ACTIONS TO ESTABLISH OR REVISE UNITED STATES NATIONALLY DETERMINED CONTRIBUTION UNDER THE PARIS AGREEMENT. (a) In General.--Any action to establish or revise the United States nationally determined contribution under the Paris Agreement shall have force and effect only if-- (1) before the President submits the nationally determined contribution to the United Nations Framework Convention on Climate Change Secretariat, the President submits to Congress a report that-- (A) describes the proposed action; (B) includes a plan for the United States to meet its nationally determined contribution under the Paris Agreement that details-- (i) a complete description of measures under the authority of the Federal Government necessary to achieve the United States nationally determined contribution, including new or revised regulations, new or revised authorities that require congressional actions, and new or revised financial incentives; and (ii) how the United States will use the Paris Agreement's transparency provisions to confirm that other parties to the Agreement, including all major emitters, are fulfilling their announced contributions to the Agreement; (C) describes how the United States nationally determined contribution will impact the level of total global emissions, based on the most recent available global emissions data, and how the United States nationally determined contribution in the aggregate with the nationally determined contributions of other countries submitted under the Paris Agreement will result in a reduction of global emissions below 2005 levels by 2036 or by the date that is 15 years after the submission of the United States nationally determined contribution, whichever occurs later; (D) if any measure described in subparagraph (B)(i) results in increased costs of energy produced or consumed in the United States or increased costs to manufacture or produce goods or resources in the United States, includes specific policy measures that will prevent-- (i) job displacement that would result as a result of any such measure; (ii) reduced global competitiveness of goods and resources manufactured or produced in the United States as a result of any such measure; and (iii) leaked emissions, including new or increased lifecycle greenhouse gas emissions that will occur outside of the United States, as a result of any such measure; (E) includes a specific timeline for implementing the specific policy measures described in subparagraph (D) in a manner that such measures are fully implemented and in effect prior to or simultaneously with implementation and effectiveness of the measures described in subparagraph (B)(i) in order to ensure there is no period of time when domestic jobs and manufacturing will be negatively impacted by such measures described in subparagraph (B)(i); and (F) contains a determination of the President that the proposed action is in the national interest of the United States; and (2) during the 60-day period beginning on the date on which the report is submitted under paragraph (1), a joint resolution of disapproval described in subsection (b) with respect to the proposed action is not enacted into law. (b) Joint Resolution of Disapproval.-- (1) In general.--In this subsection, the term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress-- (A) the title of which is as follows: ``A joint resolution disapproving the action of the President to establish or revise the United States nationally determined contribution under the Paris Agreement. ''; and (B) the sole matter after the resolving clause of which is as follows: ``Congress disapproves of the action of the President to establish or revise the United States nationally determined contribution under the Paris Agreement as proposed by the President in the report submitted to Congress under section 3(a)(1) of the Protecting American Resources, Innovation, and Sovereignty Act on __ relating to __. '', with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action. (2) Congressional procedures.--A joint resolution of disapproval shall be considered in the House of Representatives and the Senate in accordance with paragraphs (3) through (5) of section 135(e) of the Atomic Energy Act of 1954 (42 U.S.C. 2160e(e)). SEC. 4. DEFINITIONS. In this Act: (1) Major emitter.--The term ``major emitter'' means any country, or defined group of countries that share a common nationally determined contribution under the Paris Agreement, that accounts for at least one percent of global greenhouse gas emissions based on most recent data as determined by the Department of State. (2) Paris agreement.--The term ``Paris Agreement'' means the decision by the United Nations Framework Convention on Climate Change's 21st Conference of Parties in Paris, France, adopted December 12, 2015.

S.207

Health

Parental Right to Know Act This bill expands the scope of advance directive policies and related disclosures for providers under Medicaid and the Children's Health Insurance Program (CHIP). Specifically, providers (e.g., hospitals, hospice programs, and home health care providers) must have advance directive policies for minors (rather than only adults). Providers must also disclose policies regarding parental access to a minor's medical records.

To amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating providers under Medicaid or the Children's Health Insurance Program to disclose the provider's policy on parental access to the medical records of minors, 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 ``Parental Right to Know Act''. SEC. 2. PARENTAL ACCESS TO MEDICAL RECORDS DISCLOSURE REQUIREMENTS UNDER MEDICAID AND CHIP. (a) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``adult individuals receiving medical care by or through the provider or organization'' and inserting ``individuals receiving medical care by or through the provider or organization, and in the case of any such individual who is a minor individual (as defined in paragraph (4)(B)), written policies and procedures with respect to the parents and legal guardians of such an individual''; and (B) in subparagraph (A)-- (i) in clause (i), by striking ``, and'' and inserting a semicolon; (ii) in clause (ii), by adding ``and'' after the semicolon; and (iii) by inserting after clause (ii), the following: ``(iii) the provider's or organization's written policies respecting parental access to the medical records of a minor individual;''; (2) in paragraph (2), by striking ``adult individual'' and inserting ``individual, and in the case of a minor individual, to at least 1 parent or legal guardian of the minor individual''; (3) in paragraph (3), by striking ``section'' and inserting ``subsection''; and (4) in paragraph (4)-- (A) by striking ``subsection, the term'' and inserting ``subsection-- ``(A) the term''; and (B) by adding at the end the following: ``(B) the term `minor individual' means an individual who is an unemancipated individual who has not attained 18 years of age.''. (b) Application to CHIP.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended-- (1) by redesignating subparagraphs (D) through (S) as subparagraphs (E) through (T), respectively; and (2) by inserting after subparagraph (C) the following: ``(D) Subsections (a)(57) and (w) of section 1902 (relating to maintenance of written policies and procedures respecting advance directives and parental access to the medical records of minor individuals).''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to provider agreements entered into or renewed on or after January 1, 2021. (2) Exception for state legislation.--In the case of a State plan under title XIX or XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. <all>

Parental Right to Know Act

A bill to amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating providers under Medicaid or the Children's Health Insurance Program to disclose the provider's policy on parental access to the medical records of minors, and for other purposes.

Parental Right to Know Act

Sen. Lee, Mike

R

UT

This bill expands the scope of advance directive policies and related disclosures for providers under Medicaid and the Children's Health Insurance Program (CHIP). Specifically, providers (e.g., hospitals, hospice programs, and home health care providers) must have advance directive policies for minors (rather than only adults). Providers must also disclose policies regarding parental access to a minor's medical records.

To amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating providers under Medicaid or the Children's Health Insurance Program to disclose the provider's policy on parental access to the medical records of minors, 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 ``Parental Right to Know Act''. SEC. 2. (a) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``adult individuals receiving medical care by or through the provider or organization'' and inserting ``individuals receiving medical care by or through the provider or organization, and in the case of any such individual who is a minor individual (as defined in paragraph (4)(B)), written policies and procedures with respect to the parents and legal guardians of such an individual''; and (B) in subparagraph (A)-- (i) in clause (i), by striking ``, and'' and inserting a semicolon; (ii) in clause (ii), by adding ``and'' after the semicolon; and (iii) by inserting after clause (ii), the following: ``(iii) the provider's or organization's written policies respecting parental access to the medical records of a minor individual;''; (2) in paragraph (2), by striking ``adult individual'' and inserting ``individual, and in the case of a minor individual, to at least 1 parent or legal guardian of the minor individual''; (3) in paragraph (3), by striking ``section'' and inserting ``subsection''; and (4) in paragraph (4)-- (A) by striking ``subsection, the term'' and inserting ``subsection-- ``(A) the term''; and (B) by adding at the end the following: ``(B) the term `minor individual' means an individual who is an unemancipated individual who has not attained 18 years of age.''. (b) Application to CHIP.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to provider agreements entered into or renewed on or after January 1, 2021. (2) Exception for state legislation.--In the case of a State plan under title XIX or XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act.

SHORT TITLE. SEC. 2. (a) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``adult individuals receiving medical care by or through the provider or organization'' and inserting ``individuals receiving medical care by or through the provider or organization, and in the case of any such individual who is a minor individual (as defined in paragraph (4)(B)), written policies and procedures with respect to the parents and legal guardians of such an individual''; and (B) in subparagraph (A)-- (i) in clause (i), by striking ``, and'' and inserting a semicolon; (ii) in clause (ii), by adding ``and'' after the semicolon; and (iii) by inserting after clause (ii), the following: ``(iii) the provider's or organization's written policies respecting parental access to the medical records of a minor individual;''; (2) in paragraph (2), by striking ``adult individual'' and inserting ``individual, and in the case of a minor individual, to at least 1 parent or legal guardian of the minor individual''; (3) in paragraph (3), by striking ``section'' and inserting ``subsection''; and (4) in paragraph (4)-- (A) by striking ``subsection, the term'' and inserting ``subsection-- ``(A) the term''; and (B) by adding at the end the following: ``(B) the term `minor individual' means an individual who is an unemancipated individual who has not attained 18 years of age.''. (2) Exception for state legislation.--In the case of a State plan under title XIX or XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act.

To amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating providers under Medicaid or the Children's Health Insurance Program to disclose the provider's policy on parental access to the medical records of minors, 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 ``Parental Right to Know Act''. SEC. 2. PARENTAL ACCESS TO MEDICAL RECORDS DISCLOSURE REQUIREMENTS UNDER MEDICAID AND CHIP. (a) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``adult individuals receiving medical care by or through the provider or organization'' and inserting ``individuals receiving medical care by or through the provider or organization, and in the case of any such individual who is a minor individual (as defined in paragraph (4)(B)), written policies and procedures with respect to the parents and legal guardians of such an individual''; and (B) in subparagraph (A)-- (i) in clause (i), by striking ``, and'' and inserting a semicolon; (ii) in clause (ii), by adding ``and'' after the semicolon; and (iii) by inserting after clause (ii), the following: ``(iii) the provider's or organization's written policies respecting parental access to the medical records of a minor individual;''; (2) in paragraph (2), by striking ``adult individual'' and inserting ``individual, and in the case of a minor individual, to at least 1 parent or legal guardian of the minor individual''; (3) in paragraph (3), by striking ``section'' and inserting ``subsection''; and (4) in paragraph (4)-- (A) by striking ``subsection, the term'' and inserting ``subsection-- ``(A) the term''; and (B) by adding at the end the following: ``(B) the term `minor individual' means an individual who is an unemancipated individual who has not attained 18 years of age.''. (b) Application to CHIP.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended-- (1) by redesignating subparagraphs (D) through (S) as subparagraphs (E) through (T), respectively; and (2) by inserting after subparagraph (C) the following: ``(D) Subsections (a)(57) and (w) of section 1902 (relating to maintenance of written policies and procedures respecting advance directives and parental access to the medical records of minor individuals).''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to provider agreements entered into or renewed on or after January 1, 2021. (2) Exception for state legislation.--In the case of a State plan under title XIX or XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. <all>

To amend titles XIX and XXI of the Social Security Act to require hospitals and certain other participating providers under Medicaid or the Children's Health Insurance Program to disclose the provider's policy on parental access to the medical records of minors, 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 ``Parental Right to Know Act''. SEC. 2. PARENTAL ACCESS TO MEDICAL RECORDS DISCLOSURE REQUIREMENTS UNDER MEDICAID AND CHIP. (a) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``adult individuals receiving medical care by or through the provider or organization'' and inserting ``individuals receiving medical care by or through the provider or organization, and in the case of any such individual who is a minor individual (as defined in paragraph (4)(B)), written policies and procedures with respect to the parents and legal guardians of such an individual''; and (B) in subparagraph (A)-- (i) in clause (i), by striking ``, and'' and inserting a semicolon; (ii) in clause (ii), by adding ``and'' after the semicolon; and (iii) by inserting after clause (ii), the following: ``(iii) the provider's or organization's written policies respecting parental access to the medical records of a minor individual;''; (2) in paragraph (2), by striking ``adult individual'' and inserting ``individual, and in the case of a minor individual, to at least 1 parent or legal guardian of the minor individual''; (3) in paragraph (3), by striking ``section'' and inserting ``subsection''; and (4) in paragraph (4)-- (A) by striking ``subsection, the term'' and inserting ``subsection-- ``(A) the term''; and (B) by adding at the end the following: ``(B) the term `minor individual' means an individual who is an unemancipated individual who has not attained 18 years of age.''. (b) Application to CHIP.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended-- (1) by redesignating subparagraphs (D) through (S) as subparagraphs (E) through (T), respectively; and (2) by inserting after subparagraph (C) the following: ``(D) Subsections (a)(57) and (w) of section 1902 (relating to maintenance of written policies and procedures respecting advance directives and parental access to the medical records of minor individuals).''. (c) Effective Date.-- (1) In general.--Subject to paragraph (2), the amendments made by this section shall apply to provider agreements entered into or renewed on or after January 1, 2021. (2) Exception for state legislation.--In the case of a State plan under title XIX or XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. <all>

S.1109

Commerce

Minority Entrepreneurship Grant Program Act of 2021 This bill requires the Small Business Administration (SBA) to award grants to create or expand programs at minority-serving institutions and historically Black colleges and universities (HBCUs) that foster, promote, and increase opportunities for minority business ownership. The SBA must also establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how these institutions and HBCUs can better serve minority businesses and entrepreneurs.

To require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, 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 ``Minority Entrepreneurship Grant Program Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Board.--The term ``Board'' means the Minority Entrepreneurship Advisory Board established under section 4(a). (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. (4) Historically black college or university.--The term ``historically Black college or university'' means a part B institution, as that term is defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. (6) Minority-serving institution.--The term ``minority- serving institution'' means any of the following: (A) A Hispanic-serving institution, as that term is defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)). (B) A Tribal College or University, as that term is defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). (C) An Alaska Native-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). (E) A Predominantly Black Institution, as that term is defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b)). (F) A Native American-serving, nontribal institution, as that term is defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b)). (G) An Asian-American and Native American Pacific Islander-serving institution, as that term is defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b)). (7) Program.--The term ``Program'' means the grant program established under section 3(a). (8) Small business concern.--The term ``small business concern'' has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. SEC. 3. GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall establish a grant program within the Small Business Administration, the purpose of which shall be to create or expand programs at minority-serving institutions and historically Black colleges and universities that foster, promote, and increase opportunities for minority business ownership. (b) Application Process.--A minority-serving institution or a historically Black college or university seeking a grant under the Program shall submit to the Administrator an application that contains a description of-- (1) the need for the grant funds to promote minority entrepreneurship and business ownership among student entrepreneurs enrolled at the minority-serving institution or the historically Black college or university; (2) how the grant funds will be used to carry out the activities described in paragraph (1); (3) how the programs created or expanded with the grant funds will provide support to student entrepreneurs enrolled at the minority-serving institution or historically Black college or university who-- (A) seek support for an established business; or (B) need assistance in establishing a business; and (4) how the minority-serving institution or historically Black college or university will create or expand programs or initiatives that-- (A) increase minority business ownership; and (B) expand business resources to student entrepreneurs enrolled at the minority-serving institution or historically Black college or university. (c) Amount of Grant.--A grant made to a minority-serving institution or a historically Black college or university under the Program shall be not less than $250,000. (d) Use of Grant Funds.--With a grant received under the Program, a minority-serving institution or a historically Black college or university shall support the creation or expansion of programs or initiatives that offer business development resources that support student entrepreneurs enrolled at the minority-serving institution or historically Black college or university, such as-- (1) free legal, accounting, human resources, information technology, marketing, training, counseling, networking, and technical assistance; and (2) access to capital resources, such as the costs associated with forming a new business enterprise. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (f) Report to Congress.--Not later than 18 months after the date on which the first grant is made under the Program, and annually thereafter, the Administrator shall submit to Congress a report that contains information regarding the minority-serving institutions and historically Black colleges or universities to which grants were made under the Program for the period covered by the report, which shall include-- (1) the name of each such minority-serving institution and historically Black college or university and the amount of each such grant; (2) the number of student entrepreneurs trained, assisted, and counseled with Program grant funds-- (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (3) the number of businesses created through the expenditure of Program grant funds-- (A) with respect to each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (4) the number of student entrepreneurs referred to resources of the Small Business Administration-- (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (5) the number of student entrepreneurs participating in programs created or expanded through the expenditure of Program grant funds at each minority-serving institution and historically Black college or university to which a grant was made under the Program, and in total under the Program, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity; and (6) a statement regarding whether any amounts made available to carry out this section remain unexpended, as of the date on which the report is submitted. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how minority-serving institutions and historically Black colleges and universities can better serve minority businesses and entrepreneurs. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (d) Inapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or the activities of the Board. <all>

Minority Entrepreneurship Grant Program Act of 2021

A bill to require the Administrator of the Small Business Administration, in consultation with the National Director of the Minority Business Development Agency, to establish a grant program to create or expand programs at minority-serving institutions and historically Black colleges and universities that promote minority business ownership and entrepreneurship, and for other purposes.

Minority Entrepreneurship Grant Program Act of 2021

Sen. Rosen, Jacky

D

NV

This bill requires the Small Business Administration (SBA) to award grants to create or expand programs at minority-serving institutions and historically Black colleges and universities (HBCUs) that foster, promote, and increase opportunities for minority business ownership. The SBA must also establish a Minority Entrepreneurship Advisory Board to develop recommendations regarding how these institutions and HBCUs can better serve minority businesses and entrepreneurs.

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 ``Minority Entrepreneurship Grant Program Act of 2021''. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. 1061). (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. 1101a(a)). (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). 632(a)). (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. 3. GRANT PROGRAM. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). App.) shall not apply with respect to the Board or the activities of the Board.

SHORT TITLE. 2. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. 3. GRANT PROGRAM. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). shall not apply with respect to the Board or the activities of the Board.

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 ``Minority Entrepreneurship Grant Program Act of 2021''. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. 1061). (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. 1101a(a)). 1059c(b)). (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). 1059e(b)). 1059f(b)). 1059g(b)). (7) Program.--The term ``Program'' means the grant program established under section 3(a). 632(a)). (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. 3. GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall establish a grant program within the Small Business Administration, the purpose of which shall be to create or expand programs at minority-serving institutions and historically Black colleges and universities that foster, promote, and increase opportunities for minority business ownership. (d) Use of Grant Funds.--With a grant received under the Program, a minority-serving institution or a historically Black college or university shall support the creation or expansion of programs or initiatives that offer business development resources that support student entrepreneurs enrolled at the minority-serving institution or historically Black college or university, such as-- (1) free legal, accounting, human resources, information technology, marketing, training, counseling, networking, and technical assistance; and (2) access to capital resources, such as the costs associated with forming a new business enterprise. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (d) Inapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or the activities of the Board.

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 ``Minority Entrepreneurship Grant Program Act of 2021''. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (3) Director.--The term ``Director'' means the National Director of the Minority Business Development Agency. 1061). (5) Minority.--The term ``minority'' includes an individual who is-- (A) Black or African American; (B) Hispanic or Latino; (C) Native or Indigenous American; (D) Asian; (E) Native Hawaiian or other Pacific Islander; (F) Native Alaskan; or (G) a member of a group that the Minority Business Development Agency of the Department of Commerce determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. 1101a(a)). 1059c(b)). (D) A Native Hawaiian-serving institution, as that term is defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). 1059e(b)). 1059f(b)). 1059g(b)). (7) Program.--The term ``Program'' means the grant program established under section 3(a). 632(a)). (9) Student entrepreneur.--The term ``student entrepreneur'' means a student who is-- (A) a minority; (B) enrolled at a minority-serving institution or a historically Black college or university; and (C) seeking to establish or develop a business. 3. GRANT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Administrator, in consultation with the Director, shall establish a grant program within the Small Business Administration, the purpose of which shall be to create or expand programs at minority-serving institutions and historically Black colleges and universities that foster, promote, and increase opportunities for minority business ownership. (d) Use of Grant Funds.--With a grant received under the Program, a minority-serving institution or a historically Black college or university shall support the creation or expansion of programs or initiatives that offer business development resources that support student entrepreneurs enrolled at the minority-serving institution or historically Black college or university, such as-- (1) free legal, accounting, human resources, information technology, marketing, training, counseling, networking, and technical assistance; and (2) access to capital resources, such as the costs associated with forming a new business enterprise. (e) MSI Submission Requirement.--A minority-serving institution or historically Black college or university to which a grant is made under the Program shall, each year, submit to the Administrator a mid-year and year-end report, each of which shall contain, for the period covered by the report, the number of-- (1) student entrepreneurs trained, assisted, and counseled with the grant funds; (2) businesses created through the expenditure of the grant funds, including, with respect to each such business-- (A) the name of the business; (B) a description of the business; and (C) the amount of grant funds expended in creating the business; (3) student entrepreneurs referred to other resources of the Small Business Administration; and (4) student entrepreneurs participating in programs created or expanded through the expenditure of the grant funds, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity. (f) Report to Congress.--Not later than 18 months after the date on which the first grant is made under the Program, and annually thereafter, the Administrator shall submit to Congress a report that contains information regarding the minority-serving institutions and historically Black colleges or universities to which grants were made under the Program for the period covered by the report, which shall include-- (1) the name of each such minority-serving institution and historically Black college or university and the amount of each such grant; (2) the number of student entrepreneurs trained, assisted, and counseled with Program grant funds-- (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (3) the number of businesses created through the expenditure of Program grant funds-- (A) with respect to each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (4) the number of student entrepreneurs referred to resources of the Small Business Administration-- (A) at each minority-serving institution and historically Black college or university to which a grant was made under the Program; and (B) in total under the Program; (5) the number of student entrepreneurs participating in programs created or expanded through the expenditure of Program grant funds at each minority-serving institution and historically Black college or university to which a grant was made under the Program, and in total under the Program, which, to the extent possible, shall be disaggregated by sex, race, and ethnicity; and (6) a statement regarding whether any amounts made available to carry out this section remain unexpended, as of the date on which the report is submitted. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator $50,000,000 to carry out this section. SEC. 4. ADVISORY BOARD. (b) Membership of Board.--The members of the Board shall be-- (1) appointed by the Administrator; and (2) individuals with-- (A) outstanding qualifications; (B) knowledge regarding the needs of small business concerns that are owned by minorities; and (C) experience-- (i) working with startups; or (ii) in providing consultation to small business concerns. (c) Submission to Congress.--Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress the recommendations developed by the Board under subsection (a). (d) Inapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Board or the activities of the Board.

H.R.7211

Emergency Management

Small State and Rural Rescue Act This bill addresses requests for, and other matters pertaining to, disaster assistance provided through the Federal Emergency Management Agency (FEMA), with a focus on small states and rural communities. The bill expands the duties of FEMA's Small State and Rural Advocate to include assistance for states in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the state for a specific incident. Additionally, the Government Accountability Office must review FEMA's implementation of its final rule regarding factors considered when evaluating a governor's request for a major disaster declaration. In particular, the review must focus on requests for a major disaster declaration authorizing individual assistance.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, review a final rule of the Federal Emergency Management Agency, 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 ``Small State and Rural Rescue Act''. SEC. 2. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d (c)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including-- ``(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis; ``(B) the disaster impacted population profile, as reported by the Bureau of the Census, including-- ``(i) the percentage of the population for whom poverty status is determined; ``(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits; ``(iii) the pre-disaster unemployment rate; ``(iv) the percentage of the population that is 65 years old and older; ``(v) the percentage of the population 18 years old and younger; ``(vi) the percentage of the population with a disability; ``(vii) the percentage of the population who speak a language other than English and speak English less than `very well'; and ``(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State's request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph; ``(C) the impact to community infrastructure, including-- ``(i) disruptions to community life-saving and life-sustaining services; ``(ii) disruptions or increased demand for essential community services; and ``(iii) disruptions to transportation, infrastructure, and utilities; and ``(D) any other information relevant to demonstrate severe local impacts.; and''. SEC. 3. GAO REVIEW OF A FINAL RULE. (a) In General.--The Comptroller General shall conduct a review of the Federal Emergency Management Agency's implementation of its final rule, published on March 21, 2019, amending section 206.48(b) of title 44, Code of Federal Regulations (regarding factors considered when evaluating a Governor's request for a major disaster declaration), which revised the factors that the Agency considers when evaluating a Governor's request for a major disaster declaration authorizing individual assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq). (b) Scope.--The review required under subsection (a) shall include the following: (1) An assessment of the criteria used by the Agency to assess individual assistance requests following a major disaster declaration authorizing individual assistance. (2) An assessment of the consistency with which the Agency uses the updated Individual Assistance Declaration Factors when assessing the impact of individual communities after a major disaster declaration. (3) An assessment of the impact, if any, of using the updated Individual Assistance Declaration Factors has had on equity in disaster recovery outcomes. (4) Recommendations to improve the use of the Individual Assistance Declaration Factors to increase equity in disaster recovery outcomes. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section. Calendar No. 650 117th CONGRESS 2d Session H. R. 7211 [Report No. 117-259] _______________________________________________________________________

Small State and Rural Rescue Act

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, review a final rule of the Federal Emergency Management Agency, and for other purposes.

Small State and Rural Rescue Act Small State and Rural Rescue Act Small State and Rural Rescue Act

Rep. Katko, John

R

NY

This bill addresses requests for, and other matters pertaining to, disaster assistance provided through the Federal Emergency Management Agency (FEMA), with a focus on small states and rural communities. The bill expands the duties of FEMA's Small State and Rural Advocate to include assistance for states in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the state for a specific incident. Additionally, the Government Accountability Office must review FEMA's implementation of its final rule regarding factors considered when evaluating a governor's request for a major disaster declaration. In particular, the review must focus on requests for a major disaster declaration authorizing individual assistance.

SHORT TITLE. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d (c)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including-- ``(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis; ``(B) the disaster impacted population profile, as reported by the Bureau of the Census, including-- ``(i) the percentage of the population for whom poverty status is determined; ``(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits; ``(iii) the pre-disaster unemployment rate; ``(iv) the percentage of the population that is 65 years old and older; ``(v) the percentage of the population 18 years old and younger; ``(vi) the percentage of the population with a disability; ``(vii) the percentage of the population who speak a language other than English and speak English less than `very well'; and ``(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State's request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph; ``(C) the impact to community infrastructure, including-- ``(i) disruptions to community life-saving and life-sustaining services; ``(ii) disruptions or increased demand for essential community services; and ``(iii) disruptions to transportation, infrastructure, and utilities; and ``(D) any other information relevant to demonstrate severe local impacts. SEC. 3. GAO REVIEW OF A FINAL RULE. 5121 et seq). (2) An assessment of the consistency with which the Agency uses the updated Individual Assistance Declaration Factors when assessing the impact of individual communities after a major disaster declaration. (4) Recommendations to improve the use of the Individual Assistance Declaration Factors to increase equity in disaster recovery outcomes. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section. Calendar No. 650 117th CONGRESS 2d Session H. R. 7211 [Report No. 117-259] _______________________________________________________________________

SHORT TITLE. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d (c)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including-- ``(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis; ``(B) the disaster impacted population profile, as reported by the Bureau of the Census, including-- ``(i) the percentage of the population for whom poverty status is determined; ``(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits; ``(iii) the pre-disaster unemployment rate; ``(iv) the percentage of the population that is 65 years old and older; ``(v) the percentage of the population 18 years old and younger; ``(vi) the percentage of the population with a disability; ``(vii) the percentage of the population who speak a language other than English and speak English less than `very well'; and ``(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State's request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph; ``(C) the impact to community infrastructure, including-- ``(i) disruptions to community life-saving and life-sustaining services; ``(ii) disruptions or increased demand for essential community services; and ``(iii) disruptions to transportation, infrastructure, and utilities; and ``(D) any other information relevant to demonstrate severe local impacts. SEC. 3. GAO REVIEW OF A FINAL RULE. (2) An assessment of the consistency with which the Agency uses the updated Individual Assistance Declaration Factors when assessing the impact of individual communities after a major disaster declaration. 650 117th CONGRESS 2d Session H. R. 7211 [Report No.

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, review a final rule of the Federal Emergency Management Agency, 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 ``Small State and Rural Rescue Act''. SEC. 2. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d (c)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including-- ``(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis; ``(B) the disaster impacted population profile, as reported by the Bureau of the Census, including-- ``(i) the percentage of the population for whom poverty status is determined; ``(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits; ``(iii) the pre-disaster unemployment rate; ``(iv) the percentage of the population that is 65 years old and older; ``(v) the percentage of the population 18 years old and younger; ``(vi) the percentage of the population with a disability; ``(vii) the percentage of the population who speak a language other than English and speak English less than `very well'; and ``(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State's request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph; ``(C) the impact to community infrastructure, including-- ``(i) disruptions to community life-saving and life-sustaining services; ``(ii) disruptions or increased demand for essential community services; and ``(iii) disruptions to transportation, infrastructure, and utilities; and ``(D) any other information relevant to demonstrate severe local impacts.; and''. SEC. 3. GAO REVIEW OF A FINAL RULE. (a) In General.--The Comptroller General shall conduct a review of the Federal Emergency Management Agency's implementation of its final rule, published on March 21, 2019, amending section 206.48(b) of title 44, Code of Federal Regulations (regarding factors considered when evaluating a Governor's request for a major disaster declaration), which revised the factors that the Agency considers when evaluating a Governor's request for a major disaster declaration authorizing individual assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq). (b) Scope.--The review required under subsection (a) shall include the following: (1) An assessment of the criteria used by the Agency to assess individual assistance requests following a major disaster declaration authorizing individual assistance. (2) An assessment of the consistency with which the Agency uses the updated Individual Assistance Declaration Factors when assessing the impact of individual communities after a major disaster declaration. (3) An assessment of the impact, if any, of using the updated Individual Assistance Declaration Factors has had on equity in disaster recovery outcomes. (4) Recommendations to improve the use of the Individual Assistance Declaration Factors to increase equity in disaster recovery outcomes. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section. Calendar No. 650 117th CONGRESS 2d Session H. R. 7211 [Report No. 117-259] _______________________________________________________________________

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act, review a final rule of the Federal Emergency Management Agency, 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 ``Small State and Rural Rescue Act''. SEC. 2. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE. Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d (c)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following: ``(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant to demonstrate severe localized impacts within the State for a specific incident, including-- ``(A) the per capita personal income by local area, as calculated by the Bureau of Economic Analysis; ``(B) the disaster impacted population profile, as reported by the Bureau of the Census, including-- ``(i) the percentage of the population for whom poverty status is determined; ``(ii) the percentage of the population already receiving Government assistance such as Supplemental Security Income and Supplemental Nutrition Assistance Program benefits; ``(iii) the pre-disaster unemployment rate; ``(iv) the percentage of the population that is 65 years old and older; ``(v) the percentage of the population 18 years old and younger; ``(vi) the percentage of the population with a disability; ``(vii) the percentage of the population who speak a language other than English and speak English less than `very well'; and ``(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations raised in the State's request for a major disaster declaration that may not be reflected in the data points referenced in this subparagraph; ``(C) the impact to community infrastructure, including-- ``(i) disruptions to community life-saving and life-sustaining services; ``(ii) disruptions or increased demand for essential community services; and ``(iii) disruptions to transportation, infrastructure, and utilities; and ``(D) any other information relevant to demonstrate severe local impacts.; and''. SEC. 3. GAO REVIEW OF A FINAL RULE. (a) In General.--The Comptroller General shall conduct a review of the Federal Emergency Management Agency's implementation of its final rule, published on March 21, 2019, amending section 206.48(b) of title 44, Code of Federal Regulations (regarding factors considered when evaluating a Governor's request for a major disaster declaration), which revised the factors that the Agency considers when evaluating a Governor's request for a major disaster declaration authorizing individual assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq). (b) Scope.--The review required under subsection (a) shall include the following: (1) An assessment of the criteria used by the Agency to assess individual assistance requests following a major disaster declaration authorizing individual assistance. (2) An assessment of the consistency with which the Agency uses the updated Individual Assistance Declaration Factors when assessing the impact of individual communities after a major disaster declaration. (3) An assessment of the impact, if any, of using the updated Individual Assistance Declaration Factors has had on equity in disaster recovery outcomes. (4) Recommendations to improve the use of the Individual Assistance Declaration Factors to increase equity in disaster recovery outcomes. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section. Calendar No. 650 117th CONGRESS 2d Session H. R. 7211 [Report No. 117-259] _______________________________________________________________________

S.4462

Crime and Law Enforcement

Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022 or the RESPONSE Act of 2022 This bill requires the Office on Violence Against Women of the Department of Justice to establish a pilot program under which community-based organizations or victim service providers may dispatch victim advocates to crime scenes involving domestic violence, sexual assault, dating violence, or stalking.

To establish a pilot program within the Office on Violence Against Women of the Department of Justice relating to advocacy for domestic violence, sexual assault, dating violence, and stalking victims, 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 ``Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022'' or the ``RESPONSE Act of 2022''. SEC. 2. PILOT PROGRAM. (a) Definitions.--In this section: (1) Dating violence; domestic violence; victim advocate.-- The terms ``dating violence'', ``domestic violence'', and ``victim advocate'' have the meaning given those term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). (2) Director.--The term ``Director'' means the Director of the Office on Violence Against Women of the Department of Justice. (3) Eligible entity.--The term ``eligible entity'' means a community-based organization or a victim service provider (as defined in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)) that-- (A) has demonstrated capacity to assist victims of domestic violence, sexual assault, dating violence, or stalking in crisis through a victim advocate program; (B) is prepared to provide victim-centered, culturally relevant, and trauma-informed services to victims of domestic violence, sexual assault, dating violence, or stalking; (C) has a cooperative agreement or memorandum of understanding in effect with a local law enforcement agency that indicates a partnership in responding to domestic violence, sexual assault, dating violence, or stalking; and (D) operates a transitional shelter for domestic or sexual assault victims or has a cooperative agreement with a local transitional shelter that can house victims assisted by a victim advocate of the eligible entity on the crime scene of a domestic violence, sexual assault, dating violence, or stalking call if necessary. (4) Law enforcement agency.--The term ``law enforcement agency'' has the meaning given the term ``law enforcement'' in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). (5) Law enforcement officer.--The term ``law enforcement officer'' means an agent of a law enforcement agency with responsibilities to provide public safety. (b) Pilot Program Authorized.-- (1) In general.--The Director shall establish a pilot program under which the Director awards competitive grants to eligible entities for the purpose of working collaboratively with local law enforcement agencies to dispatch victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes in accordance with paragraph (2). (2) Crime scene advocacy.--With respect to a crime scene to which a victim advocate is dispatched under paragraph (1)-- (A) the victim advocate shall arrive at the crime scene-- (i) after the crime scene is secured by a law enforcement officer; (ii) when an arrest is made; or (iii) when there is probable cause to make an arrest, but the perpetrator of the crime has fled; and (B) a law enforcement officer shall remain at the crime scene while the victim advocate meets with a victim. (3) Victim confidentiality.--A victim of domestic violence, sexual assault, dating violence, or stalking who receives advice, counseling, or assistance from a victim advocate under this subsection shall have the privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications. (4) Minimum number of awards.--The Director shall award not fewer than 3 grants under this subsection. (c) Applications.--An eligible entity seeking a grant under subsection (b) shall submit to the Director an application at such at such time, in such manner, and containing or accompanied by such information as the Director may reasonably require. (d) Duration; Stages.-- (1) In general.--The pilot program established under subsection (b) shall terminate on the date that is 3 years after the date on which the Director notifies the first eligible entity that eligible entity is receiving a grant under the pilot program. (2) 2nd and final years.--During the 2-year period beginning on the date on which the Director awards a grant under this section, the Director shall continue to implement the pilot program established under subsection (b). (e) Duties of Eligible Entity.--The head of the eligible entity shall-- (1) hire additional staff-- (A) to dispatch victim advocates to crime scenes in accordance with subsection (b)(2); or (B) if a crime scene is not accessible to a victim advocate in accordance with subsection (b)(2)(A), to work with the victim of a crime at another location; (2) develop policies for collaborating with law enforcement agencies on dispatching victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes; (3) train the staff and volunteers of the eligible entity and each law enforcement agency with which the eligible entity has a partnership on the policies developed under paragraph (2); and (4) begin implementing the pilot program established under subsection (b). (f) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use a portion of the grant to-- (1) acquire or update dispatch software, as necessary; and (2) acquire language interpretation services that allow victim advocates to communicate with individuals with limited English proficiency. (g) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Director shall make public a report that includes data collection and analysis relating to domestic violence, sexual assault, dating violence, or stalking calls in which victim advocates of the eligible entity were involved during the pilot program established under this section. (2) Contents.--The report required under paragraph (1) shall include-- (A) a description of the activities and accomplishments of the eligible entity in participating in the pilot program; (B) the total number of times that a victim advocate of the eligible entity was dispatched or arrived to the crime scene of a domestic violence, sexual assault, dating violence, or stalking call; (C) whether the eligible entity observed a reduction in repeat domestic violence, dating violence, sexual assault, or stalking calls; (D) whether victims connected with services of the eligible entity beyond the advocacy occurring at a crime scene; and (E) any other information relating to the pilot program. (h) Expansion.--Notwithstanding subsection (d)(1), the Director may continue and expand the pilot program by awarding additional grants under subsection (b) if, during the third year of the pilot program established under this section, the Director determines that data from the pilot program is promising in reducing-- (1) homicides as a result of domestic violence, dating violence, sexual assault, or stalking; and (2) repeated calls relating to domestic violence, dating violence, sexual assault, or stalking from the same individuals. (i) Authorization of Appropriations.--Of the amounts authorized to be appropriated for discretionary grants under part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) for each of fiscal years 2023 through 2025, such sums as may be necessary are authorized to be appropriated to carry out this section for each of those fiscal years. <all>

RESPONSE Act of 2022

A bill to establish a pilot program within the Office on Violence Against Women of the Department of Justice relating to advocacy for domestic violence, sexual assault, dating violence, and stalking victims, and for other purposes.

RESPONSE Act of 2022 Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022

Sen. Cortez Masto, Catherine

D

NV

This bill requires the Office on Violence Against Women of the Department of Justice to establish a pilot program under which community-based organizations or victim service providers may dispatch victim advocates to crime scenes involving domestic violence, sexual assault, dating violence, or stalking.

To establish a pilot program within the Office on Violence Against Women of the Department of Justice relating to advocacy for domestic violence, sexual assault, dating violence, and stalking victims, and for other purposes. SHORT TITLE. This Act may be cited as the ``Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022'' or the ``RESPONSE Act of 2022''. SEC. 2. PILOT PROGRAM. (a) Definitions.--In this section: (1) Dating violence; domestic violence; victim advocate.-- The terms ``dating violence'', ``domestic violence'', and ``victim advocate'' have the meaning given those term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)) that-- (A) has demonstrated capacity to assist victims of domestic violence, sexual assault, dating violence, or stalking in crisis through a victim advocate program; (B) is prepared to provide victim-centered, culturally relevant, and trauma-informed services to victims of domestic violence, sexual assault, dating violence, or stalking; (C) has a cooperative agreement or memorandum of understanding in effect with a local law enforcement agency that indicates a partnership in responding to domestic violence, sexual assault, dating violence, or stalking; and (D) operates a transitional shelter for domestic or sexual assault victims or has a cooperative agreement with a local transitional shelter that can house victims assisted by a victim advocate of the eligible entity on the crime scene of a domestic violence, sexual assault, dating violence, or stalking call if necessary. 12291). (5) Law enforcement officer.--The term ``law enforcement officer'' means an agent of a law enforcement agency with responsibilities to provide public safety. (2) Crime scene advocacy.--With respect to a crime scene to which a victim advocate is dispatched under paragraph (1)-- (A) the victim advocate shall arrive at the crime scene-- (i) after the crime scene is secured by a law enforcement officer; (ii) when an arrest is made; or (iii) when there is probable cause to make an arrest, but the perpetrator of the crime has fled; and (B) a law enforcement officer shall remain at the crime scene while the victim advocate meets with a victim. (4) Minimum number of awards.--The Director shall award not fewer than 3 grants under this subsection. (d) Duration; Stages.-- (1) In general.--The pilot program established under subsection (b) shall terminate on the date that is 3 years after the date on which the Director notifies the first eligible entity that eligible entity is receiving a grant under the pilot program. (f) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use a portion of the grant to-- (1) acquire or update dispatch software, as necessary; and (2) acquire language interpretation services that allow victim advocates to communicate with individuals with limited English proficiency. 10461 et seq.) for each of fiscal years 2023 through 2025, such sums as may be necessary are authorized to be appropriated to carry out this section for each of those fiscal years.

SHORT TITLE. 2. PILOT PROGRAM. (a) Definitions.--In this section: (1) Dating violence; domestic violence; victim advocate.-- The terms ``dating violence'', ``domestic violence'', and ``victim advocate'' have the meaning given those term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)) that-- (A) has demonstrated capacity to assist victims of domestic violence, sexual assault, dating violence, or stalking in crisis through a victim advocate program; (B) is prepared to provide victim-centered, culturally relevant, and trauma-informed services to victims of domestic violence, sexual assault, dating violence, or stalking; (C) has a cooperative agreement or memorandum of understanding in effect with a local law enforcement agency that indicates a partnership in responding to domestic violence, sexual assault, dating violence, or stalking; and (D) operates a transitional shelter for domestic or sexual assault victims or has a cooperative agreement with a local transitional shelter that can house victims assisted by a victim advocate of the eligible entity on the crime scene of a domestic violence, sexual assault, dating violence, or stalking call if necessary. 12291). (5) Law enforcement officer.--The term ``law enforcement officer'' means an agent of a law enforcement agency with responsibilities to provide public safety. (2) Crime scene advocacy.--With respect to a crime scene to which a victim advocate is dispatched under paragraph (1)-- (A) the victim advocate shall arrive at the crime scene-- (i) after the crime scene is secured by a law enforcement officer; (ii) when an arrest is made; or (iii) when there is probable cause to make an arrest, but the perpetrator of the crime has fled; and (B) a law enforcement officer shall remain at the crime scene while the victim advocate meets with a victim. (4) Minimum number of awards.--The Director shall award not fewer than 3 grants under this subsection. (d) Duration; Stages.-- (1) In general.--The pilot program established under subsection (b) shall terminate on the date that is 3 years after the date on which the Director notifies the first eligible entity that eligible entity is receiving a grant under the pilot program.

To establish a pilot program within the Office on Violence Against Women of the Department of Justice relating to advocacy for domestic violence, sexual assault, dating violence, and stalking victims, 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 ``Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022'' or the ``RESPONSE Act of 2022''. SEC. 2. PILOT PROGRAM. (a) Definitions.--In this section: (1) Dating violence; domestic violence; victim advocate.-- The terms ``dating violence'', ``domestic violence'', and ``victim advocate'' have the meaning given those term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)) that-- (A) has demonstrated capacity to assist victims of domestic violence, sexual assault, dating violence, or stalking in crisis through a victim advocate program; (B) is prepared to provide victim-centered, culturally relevant, and trauma-informed services to victims of domestic violence, sexual assault, dating violence, or stalking; (C) has a cooperative agreement or memorandum of understanding in effect with a local law enforcement agency that indicates a partnership in responding to domestic violence, sexual assault, dating violence, or stalking; and (D) operates a transitional shelter for domestic or sexual assault victims or has a cooperative agreement with a local transitional shelter that can house victims assisted by a victim advocate of the eligible entity on the crime scene of a domestic violence, sexual assault, dating violence, or stalking call if necessary. 12291). (5) Law enforcement officer.--The term ``law enforcement officer'' means an agent of a law enforcement agency with responsibilities to provide public safety. (2) Crime scene advocacy.--With respect to a crime scene to which a victim advocate is dispatched under paragraph (1)-- (A) the victim advocate shall arrive at the crime scene-- (i) after the crime scene is secured by a law enforcement officer; (ii) when an arrest is made; or (iii) when there is probable cause to make an arrest, but the perpetrator of the crime has fled; and (B) a law enforcement officer shall remain at the crime scene while the victim advocate meets with a victim. (3) Victim confidentiality.--A victim of domestic violence, sexual assault, dating violence, or stalking who receives advice, counseling, or assistance from a victim advocate under this subsection shall have the privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications. (4) Minimum number of awards.--The Director shall award not fewer than 3 grants under this subsection. (c) Applications.--An eligible entity seeking a grant under subsection (b) shall submit to the Director an application at such at such time, in such manner, and containing or accompanied by such information as the Director may reasonably require. (d) Duration; Stages.-- (1) In general.--The pilot program established under subsection (b) shall terminate on the date that is 3 years after the date on which the Director notifies the first eligible entity that eligible entity is receiving a grant under the pilot program. (f) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use a portion of the grant to-- (1) acquire or update dispatch software, as necessary; and (2) acquire language interpretation services that allow victim advocates to communicate with individuals with limited English proficiency. (i) Authorization of Appropriations.--Of the amounts authorized to be appropriated for discretionary grants under part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) for each of fiscal years 2023 through 2025, such sums as may be necessary are authorized to be appropriated to carry out this section for each of those fiscal years.

To establish a pilot program within the Office on Violence Against Women of the Department of Justice relating to advocacy for domestic violence, sexual assault, dating violence, and stalking victims, 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 ``Reaching Every Survivor with Police and On-site Nonprofit Services Evaluations Act of 2022'' or the ``RESPONSE Act of 2022''. SEC. 2. PILOT PROGRAM. (a) Definitions.--In this section: (1) Dating violence; domestic violence; victim advocate.-- The terms ``dating violence'', ``domestic violence'', and ``victim advocate'' have the meaning given those term in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291)) that-- (A) has demonstrated capacity to assist victims of domestic violence, sexual assault, dating violence, or stalking in crisis through a victim advocate program; (B) is prepared to provide victim-centered, culturally relevant, and trauma-informed services to victims of domestic violence, sexual assault, dating violence, or stalking; (C) has a cooperative agreement or memorandum of understanding in effect with a local law enforcement agency that indicates a partnership in responding to domestic violence, sexual assault, dating violence, or stalking; and (D) operates a transitional shelter for domestic or sexual assault victims or has a cooperative agreement with a local transitional shelter that can house victims assisted by a victim advocate of the eligible entity on the crime scene of a domestic violence, sexual assault, dating violence, or stalking call if necessary. 12291). (5) Law enforcement officer.--The term ``law enforcement officer'' means an agent of a law enforcement agency with responsibilities to provide public safety. (2) Crime scene advocacy.--With respect to a crime scene to which a victim advocate is dispatched under paragraph (1)-- (A) the victim advocate shall arrive at the crime scene-- (i) after the crime scene is secured by a law enforcement officer; (ii) when an arrest is made; or (iii) when there is probable cause to make an arrest, but the perpetrator of the crime has fled; and (B) a law enforcement officer shall remain at the crime scene while the victim advocate meets with a victim. (3) Victim confidentiality.--A victim of domestic violence, sexual assault, dating violence, or stalking who receives advice, counseling, or assistance from a victim advocate under this subsection shall have the privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications. (4) Minimum number of awards.--The Director shall award not fewer than 3 grants under this subsection. (c) Applications.--An eligible entity seeking a grant under subsection (b) shall submit to the Director an application at such at such time, in such manner, and containing or accompanied by such information as the Director may reasonably require. (d) Duration; Stages.-- (1) In general.--The pilot program established under subsection (b) shall terminate on the date that is 3 years after the date on which the Director notifies the first eligible entity that eligible entity is receiving a grant under the pilot program. (2) 2nd and final years.--During the 2-year period beginning on the date on which the Director awards a grant under this section, the Director shall continue to implement the pilot program established under subsection (b). (e) Duties of Eligible Entity.--The head of the eligible entity shall-- (1) hire additional staff-- (A) to dispatch victim advocates to crime scenes in accordance with subsection (b)(2); or (B) if a crime scene is not accessible to a victim advocate in accordance with subsection (b)(2)(A), to work with the victim of a crime at another location; (2) develop policies for collaborating with law enforcement agencies on dispatching victim advocates to domestic violence, sexual assault, dating violence, or stalking crime scenes; (3) train the staff and volunteers of the eligible entity and each law enforcement agency with which the eligible entity has a partnership on the policies developed under paragraph (2); and (4) begin implementing the pilot program established under subsection (b). (f) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use a portion of the grant to-- (1) acquire or update dispatch software, as necessary; and (2) acquire language interpretation services that allow victim advocates to communicate with individuals with limited English proficiency. (g) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Director shall make public a report that includes data collection and analysis relating to domestic violence, sexual assault, dating violence, or stalking calls in which victim advocates of the eligible entity were involved during the pilot program established under this section. (2) Contents.--The report required under paragraph (1) shall include-- (A) a description of the activities and accomplishments of the eligible entity in participating in the pilot program; (B) the total number of times that a victim advocate of the eligible entity was dispatched or arrived to the crime scene of a domestic violence, sexual assault, dating violence, or stalking call; (C) whether the eligible entity observed a reduction in repeat domestic violence, dating violence, sexual assault, or stalking calls; (D) whether victims connected with services of the eligible entity beyond the advocacy occurring at a crime scene; and (E) any other information relating to the pilot program. (i) Authorization of Appropriations.--Of the amounts authorized to be appropriated for discretionary grants under part U of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10461 et seq.) for each of fiscal years 2023 through 2025, such sums as may be necessary are authorized to be appropriated to carry out this section for each of those fiscal years.

H.R.37

Immigration

Voter Integrity Protection Act This bill imposes additional immigration-related penalties for aliens who vote in an election for federal office. It shall be an aggravated felony for an alien who is unlawfully present to violate an existing prohibition against an alien voting in a federal election. (An aggravated felony conviction carries various immigration consequences, such as rendering the alien inadmissible, deportable, and barred from establishing good moral character for naturalization.) An alien who is unlawfully present and who knowingly violates the prohibition against voting in a federal election shall be deportable.

To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony, 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 ``Voter Integrity Protection Act''. SEC. 2. UNLAWFUL VOTING. (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (1) in subparagraph (T), by striking ``and'' at the end; (2) in subparagraph (U), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(V) an offense described in section 611 of title 18, United States Code, committed by an alien who is unlawfully present in the United States.''. (b) Deportable Offense.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Voting offenses.--Any alien who is unlawfully present in the United States and who knowingly commits a violation of section 611 of title 18, United States Code, is deportable.''. <all>

Voter Integrity Protection Act

To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony, and for other purposes.

Voter Integrity Protection Act

Rep. Biggs, Andy

R

AZ

This bill imposes additional immigration-related penalties for aliens who vote in an election for federal office. It shall be an aggravated felony for an alien who is unlawfully present to violate an existing prohibition against an alien voting in a federal election. (An aggravated felony conviction carries various immigration consequences, such as rendering the alien inadmissible, deportable, and barred from establishing good moral character for naturalization.) An alien who is unlawfully present and who knowingly violates the prohibition against voting in a federal election shall be deportable.

To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony, 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 ``Voter Integrity Protection Act''. SEC. 2. UNLAWFUL VOTING. (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (1) in subparagraph (T), by striking ``and'' at the end; (2) in subparagraph (U), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(V) an offense described in section 611 of title 18, United States Code, committed by an alien who is unlawfully present in the United States.''. (b) Deportable Offense.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Voting offenses.--Any alien who is unlawfully present in the United States and who knowingly commits a violation of section 611 of title 18, United States Code, is deportable.''. <all>

To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony, 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 ``Voter Integrity Protection Act''. SEC. 2. UNLAWFUL VOTING. (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (1) in subparagraph (T), by striking ``and'' at the end; (2) in subparagraph (U), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(V) an offense described in section 611 of title 18, United States Code, committed by an alien who is unlawfully present in the United States.''. (b) Deportable Offense.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Voting offenses.--Any alien who is unlawfully present in the United States and who knowingly commits a violation of section 611 of title 18, United States Code, is deportable.''. <all>

To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony, 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 ``Voter Integrity Protection Act''. SEC. 2. UNLAWFUL VOTING. (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (1) in subparagraph (T), by striking ``and'' at the end; (2) in subparagraph (U), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(V) an offense described in section 611 of title 18, United States Code, committed by an alien who is unlawfully present in the United States.''. (b) Deportable Offense.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Voting offenses.--Any alien who is unlawfully present in the United States and who knowingly commits a violation of section 611 of title 18, United States Code, is deportable.''. <all>

To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony, 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 ``Voter Integrity Protection Act''. SEC. 2. UNLAWFUL VOTING. (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (1) in subparagraph (T), by striking ``and'' at the end; (2) in subparagraph (U), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(V) an offense described in section 611 of title 18, United States Code, committed by an alien who is unlawfully present in the United States.''. (b) Deportable Offense.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Voting offenses.--Any alien who is unlawfully present in the United States and who knowingly commits a violation of section 611 of title 18, United States Code, is deportable.''. <all>

H.R.5638

Economics and Public Finance

CBO Show Your Work Act This bill requires the Congressional Budget Office (CBO) to make available to Congress and the public each fiscal model, policy model, and data preparation routine that the CBO uses to estimate the costs and other fiscal, social, or economic effects of legislation. For each estimate of the costs and other fiscal effects of legislation, the CBO must also disclose, in a manner sufficient to permit replication by individuals not employed by the CBO, the data, programs, models, assumptions, and other details of the computations used to prepare the estimate. For data that may not be disclosed, the CBO must make available to Congress and the public

To require the Congressional Budget Office to make publicly available the fiscal and mathematical models, data, and other details of computations used in cost analysis and scoring. 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 ``CBO Show Your Work Act''. SEC. 2. PUBLICATION OF CONGRESSIONAL BUDGET OFFICE MODELS. (a) In General.--Section 402 of the Congressional Budget Act of 1974 (2 U.S.C. 653) is amended-- (1) by striking ``The Director'' and inserting the following: ``(a) In General.--The Director''; and (2) by adding at the end the following: ``(b) Publication of Models and Data.--The Director of the Congressional Budget Office shall make available to Members of Congress and make publicly available on the website of the Congressional Budget Office-- ``(1) each fiscal model, policy model, and data preparation routine used by the Congressional Budget Office in estimating the costs and other fiscal, social, or economic effects of legislation, including estimates prepared under subsection (a); ``(2) any update of a model or routine described in paragraph (1); ``(3) subject to paragraph (4), for each estimate of the costs and other fiscal effects of legislation, including estimates prepared under subsection (a), the data, programs, models, assumptions, and other details of the computations used by the Congressional Budget Office in preparing the estimate, in a manner sufficient to permit replication by individuals not employed by the Congressional Budget Office; and ``(4) for any data that is required not to be disclosed by the Congressional Budget Office-- ``(A) a complete list of all data variables for such data; ``(B) descriptive statistics for all data variables for such data (including averages, standard deviations, number of observations, and correlations to other variables), to the extent that the descriptive statistics do not violate the rule against disclosure; ``(C) a reference to the statute requiring that the data not be disclosed; and ``(D) information regarding how to contact the individual or entity who has unrestricted access to the data.''. (b) Effective Date.--The amendments made by subsection (a) shall apply on and after the date that is 6 months after the date of enactment of this Act. <all>

CBO Show Your Work Act

To require the Congressional Budget Office to make publicly available the fiscal and mathematical models, data, and other details of computations used in cost analysis and scoring.

CBO Show Your Work Act

Rep. Davidson, Warren

R

OH

This bill requires the Congressional Budget Office (CBO) to make available to Congress and the public each fiscal model, policy model, and data preparation routine that the CBO uses to estimate the costs and other fiscal, social, or economic effects of legislation. For each estimate of the costs and other fiscal effects of legislation, the CBO must also disclose, in a manner sufficient to permit replication by individuals not employed by the CBO, the data, programs, models, assumptions, and other details of the computations used to prepare the estimate. For data that may not be disclosed, the CBO must make available to Congress and the public

To require the Congressional Budget Office to make publicly available the fiscal and mathematical models, data, and other details of computations used in cost analysis and scoring. 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 ``CBO Show Your Work Act''. SEC. 2. PUBLICATION OF CONGRESSIONAL BUDGET OFFICE MODELS. (a) In General.--Section 402 of the Congressional Budget Act of 1974 (2 U.S.C. 653) is amended-- (1) by striking ``The Director'' and inserting the following: ``(a) In General.--The Director''; and (2) by adding at the end the following: ``(b) Publication of Models and Data.--The Director of the Congressional Budget Office shall make available to Members of Congress and make publicly available on the website of the Congressional Budget Office-- ``(1) each fiscal model, policy model, and data preparation routine used by the Congressional Budget Office in estimating the costs and other fiscal, social, or economic effects of legislation, including estimates prepared under subsection (a); ``(2) any update of a model or routine described in paragraph (1); ``(3) subject to paragraph (4), for each estimate of the costs and other fiscal effects of legislation, including estimates prepared under subsection (a), the data, programs, models, assumptions, and other details of the computations used by the Congressional Budget Office in preparing the estimate, in a manner sufficient to permit replication by individuals not employed by the Congressional Budget Office; and ``(4) for any data that is required not to be disclosed by the Congressional Budget Office-- ``(A) a complete list of all data variables for such data; ``(B) descriptive statistics for all data variables for such data (including averages, standard deviations, number of observations, and correlations to other variables), to the extent that the descriptive statistics do not violate the rule against disclosure; ``(C) a reference to the statute requiring that the data not be disclosed; and ``(D) information regarding how to contact the individual or entity who has unrestricted access to the data.''. (b) Effective Date.--The amendments made by subsection (a) shall apply on and after the date that is 6 months after the date of enactment of this Act. <all>

To require the Congressional Budget Office to make publicly available the fiscal and mathematical models, data, and other details of computations used in cost analysis and scoring. 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 ``CBO Show Your Work Act''. SEC. 2. PUBLICATION OF CONGRESSIONAL BUDGET OFFICE MODELS. (a) In General.--Section 402 of the Congressional Budget Act of 1974 (2 U.S.C. 653) is amended-- (1) by striking ``The Director'' and inserting the following: ``(a) In General.--The Director''; and (2) by adding at the end the following: ``(b) Publication of Models and Data.--The Director of the Congressional Budget Office shall make available to Members of Congress and make publicly available on the website of the Congressional Budget Office-- ``(1) each fiscal model, policy model, and data preparation routine used by the Congressional Budget Office in estimating the costs and other fiscal, social, or economic effects of legislation, including estimates prepared under subsection (a); ``(2) any update of a model or routine described in paragraph (1); ``(3) subject to paragraph (4), for each estimate of the costs and other fiscal effects of legislation, including estimates prepared under subsection (a), the data, programs, models, assumptions, and other details of the computations used by the Congressional Budget Office in preparing the estimate, in a manner sufficient to permit replication by individuals not employed by the Congressional Budget Office; and ``(4) for any data that is required not to be disclosed by the Congressional Budget Office-- ``(A) a complete list of all data variables for such data; ``(B) descriptive statistics for all data variables for such data (including averages, standard deviations, number of observations, and correlations to other variables), to the extent that the descriptive statistics do not violate the rule against disclosure; ``(C) a reference to the statute requiring that the data not be disclosed; and ``(D) information regarding how to contact the individual or entity who has unrestricted access to the data.''. (b) Effective Date.--The amendments made by subsection (a) shall apply on and after the date that is 6 months after the date of enactment of this Act. <all>

To require the Congressional Budget Office to make publicly available the fiscal and mathematical models, data, and other details of computations used in cost analysis and scoring. 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 ``CBO Show Your Work Act''. SEC. 2. PUBLICATION OF CONGRESSIONAL BUDGET OFFICE MODELS. (a) In General.--Section 402 of the Congressional Budget Act of 1974 (2 U.S.C. 653) is amended-- (1) by striking ``The Director'' and inserting the following: ``(a) In General.--The Director''; and (2) by adding at the end the following: ``(b) Publication of Models and Data.--The Director of the Congressional Budget Office shall make available to Members of Congress and make publicly available on the website of the Congressional Budget Office-- ``(1) each fiscal model, policy model, and data preparation routine used by the Congressional Budget Office in estimating the costs and other fiscal, social, or economic effects of legislation, including estimates prepared under subsection (a); ``(2) any update of a model or routine described in paragraph (1); ``(3) subject to paragraph (4), for each estimate of the costs and other fiscal effects of legislation, including estimates prepared under subsection (a), the data, programs, models, assumptions, and other details of the computations used by the Congressional Budget Office in preparing the estimate, in a manner sufficient to permit replication by individuals not employed by the Congressional Budget Office; and ``(4) for any data that is required not to be disclosed by the Congressional Budget Office-- ``(A) a complete list of all data variables for such data; ``(B) descriptive statistics for all data variables for such data (including averages, standard deviations, number of observations, and correlations to other variables), to the extent that the descriptive statistics do not violate the rule against disclosure; ``(C) a reference to the statute requiring that the data not be disclosed; and ``(D) information regarding how to contact the individual or entity who has unrestricted access to the data.''. (b) Effective Date.--The amendments made by subsection (a) shall apply on and after the date that is 6 months after the date of enactment of this Act. <all>

To require the Congressional Budget Office to make publicly available the fiscal and mathematical models, data, and other details of computations used in cost analysis and scoring. 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 ``CBO Show Your Work Act''. SEC. 2. PUBLICATION OF CONGRESSIONAL BUDGET OFFICE MODELS. (a) In General.--Section 402 of the Congressional Budget Act of 1974 (2 U.S.C. 653) is amended-- (1) by striking ``The Director'' and inserting the following: ``(a) In General.--The Director''; and (2) by adding at the end the following: ``(b) Publication of Models and Data.--The Director of the Congressional Budget Office shall make available to Members of Congress and make publicly available on the website of the Congressional Budget Office-- ``(1) each fiscal model, policy model, and data preparation routine used by the Congressional Budget Office in estimating the costs and other fiscal, social, or economic effects of legislation, including estimates prepared under subsection (a); ``(2) any update of a model or routine described in paragraph (1); ``(3) subject to paragraph (4), for each estimate of the costs and other fiscal effects of legislation, including estimates prepared under subsection (a), the data, programs, models, assumptions, and other details of the computations used by the Congressional Budget Office in preparing the estimate, in a manner sufficient to permit replication by individuals not employed by the Congressional Budget Office; and ``(4) for any data that is required not to be disclosed by the Congressional Budget Office-- ``(A) a complete list of all data variables for such data; ``(B) descriptive statistics for all data variables for such data (including averages, standard deviations, number of observations, and correlations to other variables), to the extent that the descriptive statistics do not violate the rule against disclosure; ``(C) a reference to the statute requiring that the data not be disclosed; and ``(D) information regarding how to contact the individual or entity who has unrestricted access to the data.''. (b) Effective Date.--The amendments made by subsection (a) shall apply on and after the date that is 6 months after the date of enactment of this Act. <all>

H.R.3960

Crime and Law Enforcement

Brian A. Terry Memorial Eliminate the ATF Act This bill abolishes the Bureau of Alcohol, Tobacco, Firearms and Explosives and transfers its authorities, functions, personnel, and assets to the Department of Justice (DOJ). It also transfers authorities, functions, personnel, and assets of the Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau to DOJ. Additionally, the bill establishes the Border Patrol Agent Killed in Action Trust Fund. Amounts in the fund shall be made available for purposes of (1) providing grants to the surviving spouse, child, or parent of a U.S. Border Patrol agent killed in the line of duty on or after December 1, 2009; and (2) awarding grants to states for establishing firearm safety programs.

To eliminate the Bureau of Alcohol, Tobacco, Firearms and Explosives, remove firearm restrictions on lawful gun owners, and provide funds to surviving families of border patrol agents killed as a result of Operation Fast and Furious. 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 ``Brian A. Terry Memorial Eliminate the ATF Act''. TITLE I--ABOLISHMENT OF THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES SEC. 101. PREPARATORY PROVISIONS. (a) Rescission of Recent Regulations.--All regulations and guidance issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives (in this title referred to as the ``Bureau'') during the period that begins with August 1, 2020, and ends with the date of the enactment of this title are hereby null and void and shall have no force or effect. (b) Rescission of Hiring Authority.--The authority of any officer or employee of the Bureau to hire is hereby rescinded. (c) Notice to Bureau Employees.--On the date of the enactment of this title, the President shall provide each employee of the Bureau with written notice that, on the abolishment date-- (1) the Bureau will be abolished; and (2) if the employee is a Bureau employee as of that date, the employment of the employee with the Bureau will be terminated. (d) Disposition of Confiscated Firearms and Ammunition Possessed by the Bureau.-- (1) Publication of list.--Within 3 months after the date of the enactment of this title, the Director of the Bureau shall publish an itemized list on the website of the Bureau, which shall be available to the public, of all confiscated firearms and ammunition possessed by the Bureau. (2) Sale by auction.--Before the abolishment date, the Director of the Bureau shall sell the firearms and ammunition referred to in paragraph (1) to licensed dealers (as defined in section 921(a) of title 18, United States Code) at public auction. SEC. 102. ABOLISHMENT. (a) In General.--Effective on the abolishment date, the Bureau is abolished. (b) Definitions.--In this title: (1) Abolishment date.--The term ``abolishment date'' means the date that is 180 days after the date of the enactment of this title. (2) Function.--The term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. SEC. 103. TRANSFER OF AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO THE DEPARTMENT OF JUSTICE. (a) In General.--Section 599A of title 28, United States Code, is amended to read as follows: ``Sec. 599A. Transfer of authorities, functions, personnel, and assets to the Department of Justice ``(a) Transfer of Authorities, Functions, Personnel, and Assets.-- Notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as in effect just before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act). ``(b) Coordination.--The Attorney General, acting through such other officials of the Department of Justice as the Attorney General may designate, shall provide for the coordination of all firearms, explosives, and arson enforcement functions vested in the Attorney General so as to assure maximum cooperation between and among any officer, employee, or agency of the Department of Justice involved in the performance of these and related functions.''. (b) Conforming Amendment.--The chapter heading for chapter 40A of such title is amended by striking ``BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES'' and inserting ``TRANSFER OF CERTAIN AUTHORITIES, FUNCTIONS, PERSONNEL, AND ASSETS TO THE DEPARTMENT OF JUSTICE''. (c) Clerical Amendments.-- (1) The table of chapters for part II of such title is amended by striking the item relating to chapter 40A and inserting the following: ``40A. Transfer of Certain Authorities, Functions, 599A''. Personnel, and Assets to the Department of Justice. (2) The table of sections for chapter 40A of such title is amended by striking the item relating to section 599A and inserting the following: ``599A. Transfer of Certain Authorities, Personnel, and Assets to the Department of Justice.''. SEC. 104. ADMINISTRATION OF TAXES ON BEER, WINE, SPIRITS, AND TOBACCO PRODUCTS TRANSFERRED TO ATTORNEY GENERAL. (a) Transfer.--Notwithstanding any other provision of law, there are transferred to the Department of Justice the authorities, functions, personnel, and assets of the Tax and Trade Bureau of the Department of the Treasury relating to administration and enforcement of chapters 51 and 52 of the Internal Revenue Code of 1986, so much of chapters 61 through 80 of such Code as relate to the enforcement and administration of such chapters 51 and 52, the Federal Alcohol Administration Act, the Alcohol Beverage Labeling Act of 1988, and the Act of March 1, 1913, commonly known as the ``Webb-Kenyon Act''. Such authorities, functions, personnel, and assets shall be employed by or under the supervision of the Attorney General. (b) Amendment of Internal Revenue Code of 1986.--Section 7801(a)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Administration and enforcement by attorney general of provisions relating to beer, wine, spirits, and tobacco products.-- ``(A) In general.--The administration and enforcement of the following provisions of this title shall be performed by or under the supervision of the Attorney General; and the term `Secretary' or `Secretary of the Treasury' shall, when applied to those provisions, mean the Attorney General; and the term `internal revenue officer' shall, when applied to those provisions, mean any officer within the Department of Justice so designated by the Attorney General: ``(i) Chapters 51 and 52. ``(ii) Chapters 61 through 80, to the extent such chapters relate to the enforcement and administration of the provisions referred to in clause (i). ``(B) Use of existing rulings and interpretations.--Nothing in the Brian A. Terry Memorial Eliminate the ATF Act alters or repeals the rulings and interpretations of the Tax and Trade Bureau in effect on the effective date of such Act, which concerns the provisions of this title referred to in subparagraph (A). The Attorney General shall consult with the Secretary to achieve uniformity and consistency in administering the provisions referred to in subparagraph (A).''. SEC. 105. DUTIES AND AUTHORITIES OF THE ATTORNEY GENERAL. (a) Duty To Administer and Dissolve Other Outstanding Obligations and Affairs.--The Attorney General shall-- (1) administer and dissolve any outstanding obligations of the Federal Government under any programs terminated by this title; and (2) take such other actions as may be necessary to dissolve any outstanding affairs of the Bureau. (b) Other Authorities.--For purposes of performing the functions of the Attorney General under this title and subject to the availability of appropriations, the Attorney General may-- (1) enter into contracts; (2) employ experts and consultants in accordance with section 3109 of title 5, United States Code, at rates for individuals not to exceed the per diem rate equivalent to the rate for level IV of the Executive Schedule; and (3) utilize, on a reimbursable basis, the services, facilities, and personnel of other Federal agencies. (c) Rule of Interpretation.--Nothing in this title may be construed to authorize any position of the Bureau, or authorize the Bureau to perform any function, after the abolishment date. SEC. 106. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, and regulations of, permits issued by, grants, loans, contracts, and agreements made by, and certificates, licenses, and privileges granted by the Bureau, that are in effect on the abolishment date (or become effective after such date pursuant to their terms as in effect on such date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Suits.--This title shall not affect suits commenced before the abolishment date, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. SEC. 107. AVAILABILITY OF FUNDS. All funds available for the performance of functions, programs, and activities terminated pursuant to this title shall remain available, for the duration of their period of availability but not later than September 30, 2022, for necessary expenses in connection with the termination and resolution of the functions, programs, and activities of the Bureau. SEC. 108. CONFORMING AMENDMENTS AND REPEALS. (a) Amendments Relating to Title 2, United States Code.-- (1) Section 1307(d)(3)(B)(i)(I) of title I of the Legislative Branch Appropriations Act, 2006 (2 U.S.C. 185(d)(3)(B)(i)(I)) is amended by striking ``, including under section 922(g)(9) of title 18''. (2) Section 1301(d)(3)(B)(i)(I)(cc) of title I of division H of the Consolidated Appropriations Act, 2008 (2 U.S.C. 1808(d)(3)(B)(i)(I)(cc)) is amended by striking ``, including under section 922(g)(9) of title 18''. (b) Amendments Relating to Title 5, United States Code.-- (1) Section 644 of division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note) is amended by striking ``, 923(g)(3) or 923(g)(7),''. (2) Section 206 of division B of the Consolidated Appropriations Act, 2006 (5 U.S.C. 3104 note) is repealed. (3) Section 122 of title I of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (5 U.S.C. 3104 note) is repealed. (4) Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended by striking subclause (XII) and redesignating subclauses (XIII) and (XIV) as subclauses (XII) and (XIII), respectively. (c) Amendments Relating to Title 6, United States Code.-- (1) Section 1111 of the Homeland Security Act of 2002 (6 U.S.C. 531) is hereby repealed. (2) Section 1114(a) of such Act (6 U.S.C. 532(a)) is amended by striking ``Bureau'' and inserting ``Department of Justice''. (d) Amendments Relating to Title 8, United States Code.-- (1) Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (A) in subparagraph (B), by striking ``924(c)'' and inserting ``924(b)''; and (B) in subparagraph (E)(ii) by striking ``section 922(g)(1), (2), (3), (4), or (5), (j), (n), (o), (p), or (r) or''. (2) Section 2(4)(J) of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1701(2)(4)(J)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (e) Amendment Relating to Title 10, United States Code.--Section 546 of title V of division A of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 113 note) is amended by striking ``section 922(g) of title 18, United States Code, and''. (f) Amendment to Title 11, United States Code.--Section 707(c)(1)(B) of title 11, United States Code, is amended by striking ``924(c)(2)'' and inserting ``924(b)(2)''. (g) Amendments Relating to Title 15, United States Code.-- (1) Section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7903) is amended-- (A) in paragraph (1), by inserting ``(as in effect before the abolishment date, as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act)'' after ``Code,''; (B) in paragraph (2), by striking ``and who is licensed'' and all that follows and inserting a period; (C) in paragraph (4)-- (i) by striking ``921(a)(16)'' and inserting ``921(a)(10)''; and (ii) by striking ``921(a)(17)(A)'' and inserting ``921(a)(11)(A)''; (D) in paragraph (5)(A)-- (i) in clause (i), by striking ``924(h)'' and inserting ``924(e)''; and (ii) in clause (iii)-- (I) by striking ``--'' and all that follows through ``(I)''; and (II) by striking ``; or'' and all that follows through ``Code''; and (E) in paragraph (6)-- (i) in each of subparagraphs (A) and (B), by inserting ``, as in effect before the abolishment date, as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act'' before the 3rd close parenthesis; (ii) in subparagraph (A), by striking ``and who is licensed'' and all that follows and inserting a semicolon; (iii) in subparagraph (B), by striking ``and who is licensed'' and all that follows and inserting ``; and''; and (iv) in subparagraph (C), by striking ``921(a)(17)(A)'' and inserting ``921(a)(11)(A)''. (2) Section 3(1)(E) of the Firefighters' Safety Study Act (15 U.S.C. 2223b(1)(E)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (h) Amendments Relating to Title 18, United States Code.-- (1) Section 844(o) of title 18, United States Code, is amended-- (A) by striking ``924(c)(3)'' and inserting ``924(b)(3)''; and (B) by striking ``924(c)(2)'' and inserting ``924(b)(2)''. (2) Section 921(a) of title 18, United States Code, is amended by striking paragraphs (9) through (12), (14), (15), (19) through (22), and (25) through (34), and redesignating paragraphs (13), (16), (17), (18), (23), (24), and (35) as paragraphs (9) through (15), respectively. (3) Sections 922 and 923 of title 18, United States Code, are hereby repealed. (4) Section 2(f) of the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is amended by striking paragraph (2). (5) Section 5(c)(3) of the Protection of Lawful Commerce in Arms Act (18 U.S.C. 922 note) is amended-- (A) in subparagraph (B), by striking ``, except'' and all that follows through ``subsection''; and (B) by striking subparagraph (C). (6) Section 924 of title 18, United States Code, is amended-- (A) by striking subsections (a), (e), (f), (i), (m), (n), and (p); (B) in subsection (d)(1), by striking ``knowing violation of subsection (a)(4), (a)(6), (f), (g), (h), (i), (j), or (k) of section 922, or knowing importation or bringing into the United States or any possession thereof any firearm or ammunition in violation of section 922(l), or knowing violation of section 924,'' and inserting ``knowing violation of this section or''; (C) in subsection (d)(3)-- (i) in subparagraph (A), by striking ``924(c)(3)'' and inserting ``924(b)(3)''; (ii) in subparagraph (E), by striking ``922(i), 922(j), 922(l), 922(n), or 924(b)'' and inserting ``924(a)''; and (iii) by striking subparagraphs (C) and (D) and redesignating subparagraphs (E) and (F) as subparagraphs (C) and (D), respectively; (D) in subsection (g)(4), by striking ``(c)(3)'' and inserting ``(b)(3)''; (E) in subsection (h)-- (i) by striking ``(c)(3)'' and inserting ``(b)(3)''; and (ii) by striking ``(c)(2)'' and inserting ``(b)(2)''; (F) in subsection (j), by striking ``(c)'' and inserting ``(b)''; (G) in subsection (k)(3), by striking ``(c)(3)'' and inserting ``(b)(3)''; (H) in subsection (o), by striking ``(c)'' and inserting ``(b)''; and (I) by redesignating subsections (b), (c), (d), (g), (h), (j), (k), (l), and (o) as subsections (a) through (i), respectively. (7) Section 925 of title 18, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1), by striking ``, except for sections 922(d)(9) and 922(g)(9) and provisions relating to firearms subject to the prohibitions of section 922(p),''; (ii) in paragraph (2), by striking ``, except for provisions relating to firearms subject to the prohibitions of section 922(p),''; (iii) by striking paragraph (3); (iv) in paragraph (4), by striking ``except for provisions relating to firearms subject to the prohibitions of section 922(p),''; (v) in paragraph (5), by striking ``(3)'' and insert ``(2)''; and (vi) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; (B) by striking subsections (b) and (c); (C) in subsection (e), by striking ``921(a)(13)'' each place it appears and inserting ``921(a)(9)''; (D) by striking subsection (f); and (E) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively. (8) Section 925A of title 18, United States Code, is hereby repealed. (9) Section 926(a) of title 18, United States Code, is amended by striking ``, including'' and all that follows through ``922''. (10) Section 926A of title 18, United States Code, is amended by striking ``if'' and all that follows through ``console''. (11) Section 930 of title 18, United States Code, is hereby repealed. (12) Section 931 of title 18, United States Code, is amended by adding at the end the following: ``(c) Penalties.--Whoever knowingly violates this section shall be fined under this title, imprisoned not more than 3 years, or both.''. (13) Section 514(b) of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (18 U.S.C. 923 note; Public Law 113-6; 127 Stat. 271) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives shall include in all such data releases'' and inserting ``Department of Justice shall include in all releases of data from firearm tracing studies''. (14) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (18 U.S.C. 923 note; Public Law 112-55; 125 Stat. 609-610) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' each place it appears and inserting ``Department of Justice''. (15) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; Public Law 111-117; 123 Stat. 3128- 3129) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' each place it appears and inserting ``Department of Justice''. (16) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Omnibus Appropriations Act, 2009 (18 U.S.C. 923 note; Public Law 111-8; 123 Stat. 574-576) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' each place it appears and inserting ``Department of Justice''. (17) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title II of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; Public Law 110-161; 121 Stat. 1903- 1904) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' each place it appears and inserting ``Department of Justice''. (18) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. 2295-2296) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' each place it appears and inserting ``Department of Justice''. (19) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of division B of the Consolidated Appropriations Act, 2005 (18 U.S.C. 923 note; Public Law 108-447; 118 Stat. 2859- 2860) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives'' each place it appears and inserting ``Department of Justice''. (20) Section 1028A of title 18, United States Code, is amended-- (A) in subsection (b)(3)(B), by striking ``924(c)(3)'' and inserting ``924(b)(3)''; and (B) in subsection (c), by striking paragraph (3) and redesignating paragraphs (4) through (11) as paragraphs (3) through (10), respectively. (21) Section 1956(c)(7)(D) of title 18, United States Code, is amended-- (A) by striking ``922(l)'' and inserting ``922(h)''; and (B) by striking ``section 924(n) (relating to firearms trafficking),''. (22) Section 2516(1) of title 18, United States Code, is amended-- (A) in paragraph (c), by striking ``930 (relating to possession of weapons in Federal facilities,''; and (B) in paragraph (n), by striking ``sections 922 and'' and inserting ``section''. (23) Section 2343 of title 18, United States Code, is amended by striking subsection (c) and redesignating subsections (d) through (f) as subsections (c) through (e), respectively. (24)(A) Section 3051 of title 18, United States Code, is amended-- (i) in the section heading, by striking ``Special Agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives'' and inserting ``certain investigators and officers of the Department of Justice''; (ii) in subsection (a), by striking ``(a) Special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, as well as any other'' and inserting ``Any''; and (iii) by striking subsections (b) and (c). (B) The section analysis for chapter 203 of title 18, United States Code, is amended by striking the item relating to section 3051 and inserting the following: ``3051. Powers of certain investigators and officers of the Department of Justice.''. (25) Section 3142(e)(3)(B) of title 18, United States Code, is amended by striking ``924(c)'' and inserting ``924(b)''. (26) Section 3559(c)(2) of title 18, United States Code, is amended in each of subparagraphs (D) and (F)(i) by striking ``924(c)'' and inserting ``924(b)''. (27) Section 3632(d)(4)(D)(xxii) of title 18, United States Code, is amended by striking ``924(c)'' and inserting ``924(b)''. (28) Section 4042(b)(3) of title 18, United States Code, is amended-- (A) in subparagraph (A), by striking ``924(c)(2)'' and inserting ``924(b)(2)''; and (B) in subparagraph (B), by striking ``924(c)(3)'' and inserting ``924(b)(3)''. (29) Section 5031 of title 18, United States Code, is amended by striking ``or a violation by such a person of section 922(x)''. (30) Section 5032 of title 18, United States Code, is amended-- (A) in the 1st undesignated paragraph, by striking ``section 922(x) or section 924(b), (g), or (h)'' and inserting ``section 924(a), (d), or (e)''; and (B) in the 4th undesignated paragraph, by striking ``or section 922(x) of this title, or in section 924(b), (g), or (h)'' and inserting ``or in section 924(a), (d), or (e)''. (i) Amendment Relating to Title 20, United States Code.--Section 615(k)(7)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(7)(C)) is amended by inserting ``, as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act)'' before the period. (j) Amendments Relating to Title 21, United States Code.-- (1) Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended in the 2nd paragraph (57) by inserting ``, as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act),'' before ``for which''. (2) Section 716(c)(1)(B) of the National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1714(c)(1)(B)) is amended by striking ``Agency, the Bureau of Alcohol, Tobacco, Firearms, and Explosives,'' and inserting ``Administration, the Department of Justice,''. (k) Amendment Relating to Title 22, United States Code.--Section 655(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)(3)) is amended by striking ``, including'' and all that follows through ``report''. (l) Amendments to the Internal Revenue Code of 1986.-- (1) Repeal of national firearms act.--Chapter 53 of the Internal Revenue Code of 1986 is hereby repealed. (2) Repeal of firearms and ammunition excise tax.--Part III of subchapter D of chapter 32 of such Code is hereby repealed. (3) Section 6103(i)(8)(A)(i) of such Code (26 U.S.C. 6103(i)(8)(A)) is amended by striking ``the Bureau of Alcohol, Tobacco, Firearms, and Explosives'' and all that follows through ``Department of the Treasury'' and inserting ``or the Department of Justice''. (m) Amendments Relating to Title 28, United States Code.-- (1) Each of the following provisions of law is amended by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives,'' each place it appears and inserting ``Department of Justice'': (A) Section 530C(b)(2) of title 28, United States Code. (B) Section 207 of division B of the Consolidated and Further Continuing Appropriations Act, 2013 (28 U.S.C. 533 note). (C) Section 207 of division B of the Consolidated and Further Continuing Appropriations Act, 2012 (28 U.S.C. 533 note). (D) Section 207 of division B of the Consolidated Appropriations Act, 2010 (28 U.S.C. 533 note). (E) Section 207 of division B of the Omnibus Appropriations Act, 2009 (28 U.S.C. 533 note). (F) Section 207 of division B of the Consolidated Appropriations Act, 2008 (28 U.S.C. 533 note). (G) Section 107 of title I of the Consolidated and Further Continuing Appropriations Act, 2013 (28 U.S.C. 533 note). (H) Section 116 of title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (28 U.S.C. 533 note). (2) Section 1151(c) of title XI of the Consolidated and Further Continuing Appropriations Act, 2013 (28 U.S.C. 533 note) is amended-- (A) by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives,'' each place it appears and inserting ``Department of Justice''; and (B) by striking ``Bureau on'' and inserting ``Department on''. (3)(A) Section 599B of title 28, United States Code, is repealed. (B) The section analysis for chapter 40A of such title is amended by striking the item relating to section 599B. (4) Section 2006(2) of title 28, United States Code, is amended by striking ``, the Director, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice,''. (n) Amendments to Title 31, United States Code.-- (1)(A) Section 713 of title 31, United States Code, is amended-- (i) in the section heading, by striking ``Service, Tax and Trade Bureau, and Bureau of Alcohol, Tobacco, Firearms, and Explosives'' and inserting ``Service and Department of Justice''; (ii) in subsection (a), by striking ``and the Tax and Trade Bureau'' and all that follows though ``Department of Justice of the Department of the Treasury'' and inserting ``and so much of the Department of Justice as relates to the administration and enforcement of provisions transferred under the Brian A. Terry Memorial Eliminate the ATF Act''; and (iii) in subsection (b)-- (I) in each of paragraphs (1), (2), and (3), by striking ``either Bureau'' and inserting ``the Department''; and (II) in paragraph (2), by striking ``, the Tax and Trade Bureau, Department of the Treasury, and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice'' and inserting ``and the Department of Justice''. (B) The section analysis for chapter 7 of such title is amended by striking the item relating to section 713 and inserting the following: ``713. Audit of Internal Revenue Service and Department of Justice.''. (2) Section 1344(b)(6) of such title is amended by striking ``Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives''. (o) Amendments Relating to Title 34, United States Code.-- (1) Amendment to the 21\st\ century cures act.--Section 14003(a)(1)(B)(ii) of division B of the 21\st\ Century Cures Act (34 U.S.C. 10471 note) is amended by inserting ``, as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act)'' before the semicolon. (2) Amendments to the james guelff and chris mccurley body armor act of 2002.--Section 11009 of the James Guelff and Chris McCurley Body Armor Act of 2002 (34 U.S.C. 10534) is amended-- (A) in subsection (d)(1), by striking ``924(c)'' and inserting ``924(b)''; and (B) in subsection (e)(4)(B), by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (3) Amendment to the juvenile justice and delinquency prevention act of 1974.--Section 223(a)(11)(A)(i) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133(a)(11)(A)(i)(I)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (4) Amendments to the violent crime control and law enforcement act of 1994.-- (A) Section 32401(a)(3)(B) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12281(a)(3)(B)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice for salaries, expenses, and associated administrative costs for operating and overseeing such projects'' and inserting ``the trust fund established under section 201 of the Brian A. Terry Memorial Eliminate the ATF Act for use in accordance with such section''. (B) Section 180102(b)(2) of such Act (34 U.S.C. 12541(b)(2)) is amended by striking ``Bureau of Alcohol, Tobacco, and Firearms,''. (5) Amendments to the crime identification technology act of 1998.--Section 102(b) of the Crime Identification Technology Act of 1998 (34 U.S.C. 40301(b)) is amended by striking paragraphs (6) and (8) and redesignating paragraphs (7) and (9) through (18) as paragraphs (6) through (16), respectively. (6) Amendments to the brady handgun violence prevention act.-- (A) Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901) is hereby repealed. (B) Section 106 of such Act (34 U.S.C. 40302) is amended by striking subsection (b). (7) Repeal of the nics improvement amendments act of 2007.--The NICS Improvement Amendments Act of 2007 (34 U.S.C. 40911-40941) is hereby repealed. (8) Amendments to the violence against women and department of justice reauthorization act of 2005.-- (A) Section 1106(a)(1) of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (34 U.S.C. 41506(a)(1)) is amended by striking ``the Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (B) Section 1107(a) of such Act (34 U.S.C. 41507(a)) is amended by striking paragraph (2) and redesignating paragraphs (3) through (13) as paragraphs (2) through (12), respectively. (9) Amendment to the justice assistance act of 1984.-- Section 609N(2) of the Justice Assistance Act of 1984 (34 U.S.C. 50102(2)) is amended-- (A) by adding ``and'' at the end of subparagraph (L); and (B) by striking subparagraph (M) and redesignating subparagraph (N) as subparagraph (M). (10) Amendment to the interstate transportation of dangerous criminals act of 2000.--Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 (34 U.S.C. 60102(1)) is amended by striking ``924(c)(3)'' and inserting ``924(b)(3)''. (11) Amendment to the project safe neighborhoods grant program authorization act of 2018.--Section 2(1) of the Project Safe Neighborhoods Grant Program Authorization Act of 2018 (34 U.S.C. 60701(1)) is amended by striking ``922 or''. (p) Amendments to Title 36, United States Code.-- (1) Section 40723 of title 36, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) by striking ``(1)''; (II) by striking ``(A)'' and inserting ``(1)''; (III) by adding ``and'' after the 1st semicolon; (IV) by striking subparagraph (B); and (V) by striking ``(C)'' and inserting ``(2)''; and (ii) by striking paragraph (2); and (B) in subsection (b), by striking ``--'' and all that follows and inserting ``has been convicted of a felony.''. (2) Section 40728B(c) of such title is amended by striking ``--'' and all that follows through ``(2)''. (3) Section 40732(c)(2) of such title is amended by striking ``--'' and all that follows and inserting ``a felony.''. (q) Amendments Relating to Title 42, United States Code.--Section 161A of the Atomic Energy Act of 1954 (42 U.S.C. 2201a) is amended-- (1) in subsection (a), by inserting ``, as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act)'' before the period; (2) in subsection (b), by striking ``subsections (a)(4), (a)(5), (b)(2), (b)(4), and (o) of section 922 of title 18, section 925(d)(3) of title 18, section 5844 of the Internal Revenue Code of 1986, and''; and (3) by striking subsection (c) and redesignating subsection (d) as subsection (c). (r) Amendment to Title 44, United States Code.--Section 3903(c)(2)(A)(i)(III) of title 44, United States Code, is amended by striking ``, including'' and all that follows through ``violence''. (s) Amendments Relating to Title 49, United States Code.-- (1) Section 363(b) of the FAA Reauthorization Act of 2018 (49 U.S.C. 44802 note) is amended by inserting ``, as in effect before the abolishment date (as defined in section 102(b)(1) of the Brian A. Terry Memorial Eliminate the ATF Act)'' before the period. (2) Section 80304(d) of title 49, United States Code, is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (t) Effective Date.--The repeals and amendments made by this section shall take effect on the abolishment date. (u) Report to the Congress on Other Amendments to Federal Statute.--The Attorney General shall submit to the relevant Committees a written report that contains suggestions for such other amendments to Federal statutes as may be necessary or appropriate as a result of this title. TITLE II--TRUST FUND AND GRANT PROGRAMS SEC. 201. BORDER PATROL AGENT KILLED IN ACTION TRUST FUND. (a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the ``Border Patrol Agent Killed in Action Trust Fund'' consisting of amounts transferred under subsection (b). (b) Transfers to Trust Fund.-- (1) The Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall transfer to the Trust Fund all proceeds from the sales made under section 101(d)(2). (2) The amounts that, in the absence of this Act would be allocated under section 32401(a)(3)(B) of the Violent Crime Control and Law Enforcement Act of 1994, as in effect just before the abolishment date (as defined in section 102(b)(1) of this Act), shall be transferred to the Trust Fund. (c) Use of Trust Fund.--Amounts in the Trust Fund shall be made available to the Commissioner, without further appropriation, to-- (1) carry out section 202 until January 1, 2032; and (2) carry out section 203 beginning on January 2, 2032. (d) Prohibition.--Amounts in the Trust Fund may not be used to carry out any statute, regulation, or any executive action relating to restrictions on firearms. SEC. 202. GRANTS TO FAMILIES OF BORDER PATROL AGENT KILLED IN THE LINE OF DUTY. (a) In General.--The Commissioner shall establish a program (referred to in this section as the ``Program'') to award grants to eligible recipients described in subsection (b). (b) Eligible Recipient.--An eligible recipient is the surviving spouse, child, or parent of a Border Patrol agent killed in the line of duty on or after December 1, 2009. (c) Grants.--The Commissioner shall award grants to carry out the Program. (d) Grant Amount.--The amount of a grant under the Program may not exceed $150,000. (e) Application.--To be eligible to receive a grant under the Program, an eligible recipient shall submit to the Commissioner an application in such form, at such time, and containing such information as the Commissioner may require. SEC. 203. FIREARM SAFETY PROGRAM. (a) Grant Program.--The Commissioner shall establish a program (in this section referred to as the ``Firearm Safety Program'') to commence on January 2, 2032, to award grants to States for the purpose of establishing firearm safety programs in such States. (b) Grants.--The Commissioner may award grants to carry out the purpose described in subsection (a). (c) Application.--To be eligible to receive a grant under the Firearm Safety Program, the State shall submit to the Commissioner an application in such form, at such time, and containing such information as the Commissioner may require. (d) Grant Amount.-- (1) In general.--The amount of a grant under the Firearm Safety Program may not exceed $14,000,000. (2) Apportionment.--The amount of a grant awarded to each State under the Firearm Safety Program shall be apportioned by the number of licensed dealers in each such State. SEC. 204. DEFINITIONS. In this title: (1) Border patrol agent.--The term ``Border Patrol agent'' has the meaning given the term in section 5550(a)(2) of title 5, United States Code. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (3) Firearm.--The term ``firearm'' has the meaning given the term in section 921(a)(3) of title 18, United States Code. (4) Licensed dealer.--The term ``licensed dealer'' has the meaning given the term in section 921(a)(11) of title 18, United States Code. (5) State.--The term ``State'' has the meaning given the term in section 311 of title 5, United States Code. (6) Trust fund.--The term ``Trust Fund'' means the Border Patrol Agent Killed in Action Trust Fund established in section 201(a). <all>

Brian A. Terry Memorial Eliminate the ATF Act

To eliminate the Bureau of Alcohol, Tobacco, Firearms and Explosives, remove firearm restrictions on lawful gun owners, and provide funds to surviving families of border patrol agents killed as a result of Operation Fast and Furious.

Brian A. Terry Memorial Eliminate the ATF Act

Rep. Greene, Marjorie Taylor

R

GA

This bill abolishes the Bureau of Alcohol, Tobacco, Firearms and Explosives and transfers its authorities, functions, personnel, and assets to the Department of Justice (DOJ). It also transfers authorities, functions, personnel, and assets of the Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau to DOJ. Additionally, the bill establishes the Border Patrol Agent Killed in Action Trust Fund. Amounts in the fund shall be made available for purposes of (1) providing grants to the surviving spouse, child, or parent of a U.S. Border Patrol agent killed in the line of duty on or after December 1, 2009; and (2) awarding grants to states for establishing firearm safety programs.

SHORT TITLE. This Act may be cited as the ``Brian A. Terry Memorial Eliminate the ATF Act''. 101. PREPARATORY PROVISIONS. 102. ABOLISHMENT. Transfer of Certain Authorities, Functions, 599A''. Personnel, and Assets to the Department of Justice. ADMINISTRATION OF TAXES ON BEER, WINE, SPIRITS, AND TOBACCO PRODUCTS TRANSFERRED TO ATTORNEY GENERAL. ``(ii) Chapters 61 through 80, to the extent such chapters relate to the enforcement and administration of the provisions referred to in clause (i). DUTIES AND AUTHORITIES OF THE ATTORNEY GENERAL. CONFORMING AMENDMENTS AND REPEALS. 531) is hereby repealed. 532(a)) is amended by striking ``Bureau'' and inserting ``Department of Justice''. (g) Amendments Relating to Title 15, United States Code.-- (1) Section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 2223b(1)(E)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (5) Section 5(c)(3) of the Protection of Lawful Commerce in Arms Act (18 U.S.C. 922 note) is amended-- (A) in subparagraph (B), by striking ``, except'' and all that follows through ``subsection''; and (B) by striking subparagraph (C). (18) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. (F) Section 207 of division B of the Consolidated Appropriations Act, 2008 (28 U.S.C. 533 note). Audit of Internal Revenue Service and Department of Justice.''. 11133(a)(11)(A)(i)(I)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (B) Section 180102(b)(2) of such Act (34 U.S.C. 40301(b)) is amended by striking paragraphs (6) and (8) and redesignating paragraphs (7) and (9) through (18) as paragraphs (6) through (16), respectively. 60102(1)) is amended by striking ``924(c)(3)'' and inserting ``924(b)(3)''. (t) Effective Date.--The repeals and amendments made by this section shall take effect on the abolishment date. TITLE II--TRUST FUND AND GRANT PROGRAMS SEC. 201. BORDER PATROL AGENT KILLED IN ACTION TRUST FUND. (d) Grant Amount.--The amount of a grant under the Program may not exceed $150,000. (e) Application.--To be eligible to receive a grant under the Program, an eligible recipient shall submit to the Commissioner an application in such form, at such time, and containing such information as the Commissioner may require. 203. FIREARM SAFETY PROGRAM. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (3) Firearm.--The term ``firearm'' has the meaning given the term in section 921(a)(3) of title 18, United States Code.

SHORT TITLE. This Act may be cited as the ``Brian A. Terry Memorial Eliminate the ATF Act''. 101. PREPARATORY PROVISIONS. 102. ABOLISHMENT. Transfer of Certain Authorities, Functions, 599A''. Personnel, and Assets to the Department of Justice. ``(ii) Chapters 61 through 80, to the extent such chapters relate to the enforcement and administration of the provisions referred to in clause (i). DUTIES AND AUTHORITIES OF THE ATTORNEY GENERAL. CONFORMING AMENDMENTS AND REPEALS. 531) is hereby repealed. 532(a)) is amended by striking ``Bureau'' and inserting ``Department of Justice''. (g) Amendments Relating to Title 15, United States Code.-- (1) Section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 2223b(1)(E)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (5) Section 5(c)(3) of the Protection of Lawful Commerce in Arms Act (18 U.S.C. 922 note) is amended-- (A) in subparagraph (B), by striking ``, except'' and all that follows through ``subsection''; and (B) by striking subparagraph (C). 923 note; Public Law 109-108; 119 Stat. (F) Section 207 of division B of the Consolidated Appropriations Act, 2008 (28 U.S.C. 533 note). Audit of Internal Revenue Service and Department of Justice.''. 11133(a)(11)(A)(i)(I)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (B) Section 180102(b)(2) of such Act (34 U.S.C. 40301(b)) is amended by striking paragraphs (6) and (8) and redesignating paragraphs (7) and (9) through (18) as paragraphs (6) through (16), respectively. 60102(1)) is amended by striking ``924(c)(3)'' and inserting ``924(b)(3)''. (t) Effective Date.--The repeals and amendments made by this section shall take effect on the abolishment date. TITLE II--TRUST FUND AND GRANT PROGRAMS SEC. 201. BORDER PATROL AGENT KILLED IN ACTION TRUST FUND. (d) Grant Amount.--The amount of a grant under the Program may not exceed $150,000. 203. FIREARM SAFETY PROGRAM. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (3) Firearm.--The term ``firearm'' has the meaning given the term in section 921(a)(3) of title 18, United States Code.

SHORT TITLE. This Act may be cited as the ``Brian A. Terry Memorial Eliminate the ATF Act''. 101. PREPARATORY PROVISIONS. (c) Notice to Bureau Employees.--On the date of the enactment of this title, the President shall provide each employee of the Bureau with written notice that, on the abolishment date-- (1) the Bureau will be abolished; and (2) if the employee is a Bureau employee as of that date, the employment of the employee with the Bureau will be terminated. (2) Sale by auction.--Before the abolishment date, the Director of the Bureau shall sell the firearms and ammunition referred to in paragraph (1) to licensed dealers (as defined in section 921(a) of title 18, United States Code) at public auction. 102. ABOLISHMENT. 103. (c) Clerical Amendments.-- (1) The table of chapters for part II of such title is amended by striking the item relating to chapter 40A and inserting the following: ``40A. Transfer of Certain Authorities, Functions, 599A''. Personnel, and Assets to the Department of Justice. ADMINISTRATION OF TAXES ON BEER, WINE, SPIRITS, AND TOBACCO PRODUCTS TRANSFERRED TO ATTORNEY GENERAL. ``(ii) Chapters 61 through 80, to the extent such chapters relate to the enforcement and administration of the provisions referred to in clause (i). DUTIES AND AUTHORITIES OF THE ATTORNEY GENERAL. (a) Duty To Administer and Dissolve Other Outstanding Obligations and Affairs.--The Attorney General shall-- (1) administer and dissolve any outstanding obligations of the Federal Government under any programs terminated by this title; and (2) take such other actions as may be necessary to dissolve any outstanding affairs of the Bureau. 106. 107. AVAILABILITY OF FUNDS. CONFORMING AMENDMENTS AND REPEALS. 531) is hereby repealed. 532(a)) is amended by striking ``Bureau'' and inserting ``Department of Justice''. (g) Amendments Relating to Title 15, United States Code.-- (1) Section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 2223b(1)(E)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (5) Section 5(c)(3) of the Protection of Lawful Commerce in Arms Act (18 U.S.C. 922 note) is amended-- (A) in subparagraph (B), by striking ``, except'' and all that follows through ``subsection''; and (B) by striking subparagraph (C). (18) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. Powers of certain investigators and officers of the Department of Justice.''. (2) Section 716(c)(1)(B) of the National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. (F) Section 207 of division B of the Consolidated Appropriations Act, 2008 (28 U.S.C. 533 note). Audit of Internal Revenue Service and Department of Justice.''. 11133(a)(11)(A)(i)(I)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (B) Section 180102(b)(2) of such Act (34 U.S.C. 40301(b)) is amended by striking paragraphs (6) and (8) and redesignating paragraphs (7) and (9) through (18) as paragraphs (6) through (16), respectively. (6) Amendments to the brady handgun violence prevention act.-- (A) Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 60102(1)) is amended by striking ``924(c)(3)'' and inserting ``924(b)(3)''. (t) Effective Date.--The repeals and amendments made by this section shall take effect on the abolishment date. TITLE II--TRUST FUND AND GRANT PROGRAMS SEC. 201. BORDER PATROL AGENT KILLED IN ACTION TRUST FUND. (d) Prohibition.--Amounts in the Trust Fund may not be used to carry out any statute, regulation, or any executive action relating to restrictions on firearms. 202. (d) Grant Amount.--The amount of a grant under the Program may not exceed $150,000. (e) Application.--To be eligible to receive a grant under the Program, an eligible recipient shall submit to the Commissioner an application in such form, at such time, and containing such information as the Commissioner may require. 203. FIREARM SAFETY PROGRAM. DEFINITIONS. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (3) Firearm.--The term ``firearm'' has the meaning given the term in section 921(a)(3) of title 18, United States Code.

SHORT TITLE. This Act may be cited as the ``Brian A. Terry Memorial Eliminate the ATF Act''. 101. PREPARATORY PROVISIONS. (c) Notice to Bureau Employees.--On the date of the enactment of this title, the President shall provide each employee of the Bureau with written notice that, on the abolishment date-- (1) the Bureau will be abolished; and (2) if the employee is a Bureau employee as of that date, the employment of the employee with the Bureau will be terminated. (2) Sale by auction.--Before the abolishment date, the Director of the Bureau shall sell the firearms and ammunition referred to in paragraph (1) to licensed dealers (as defined in section 921(a) of title 18, United States Code) at public auction. 102. ABOLISHMENT. 103. (c) Clerical Amendments.-- (1) The table of chapters for part II of such title is amended by striking the item relating to chapter 40A and inserting the following: ``40A. Transfer of Certain Authorities, Functions, 599A''. Personnel, and Assets to the Department of Justice. ADMINISTRATION OF TAXES ON BEER, WINE, SPIRITS, AND TOBACCO PRODUCTS TRANSFERRED TO ATTORNEY GENERAL. ``(ii) Chapters 61 through 80, to the extent such chapters relate to the enforcement and administration of the provisions referred to in clause (i). DUTIES AND AUTHORITIES OF THE ATTORNEY GENERAL. (a) Duty To Administer and Dissolve Other Outstanding Obligations and Affairs.--The Attorney General shall-- (1) administer and dissolve any outstanding obligations of the Federal Government under any programs terminated by this title; and (2) take such other actions as may be necessary to dissolve any outstanding affairs of the Bureau. 106. 107. AVAILABILITY OF FUNDS. All funds available for the performance of functions, programs, and activities terminated pursuant to this title shall remain available, for the duration of their period of availability but not later than September 30, 2022, for necessary expenses in connection with the termination and resolution of the functions, programs, and activities of the Bureau. CONFORMING AMENDMENTS AND REPEALS. 531) is hereby repealed. 532(a)) is amended by striking ``Bureau'' and inserting ``Department of Justice''. (g) Amendments Relating to Title 15, United States Code.-- (1) Section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 2223b(1)(E)) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms, and Explosives,''. (5) Section 5(c)(3) of the Protection of Lawful Commerce in Arms Act (18 U.S.C. 922 note) is amended-- (A) in subparagraph (B), by striking ``, except'' and all that follows through ``subsection''; and (B) by striking subparagraph (C). 609-610) is amended by striking ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' each place it appears and inserting ``Department of Justice''. (18) The 6th proviso under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives--Salaries and Expenses'' in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (18 U.S.C. 923 note; Public Law 109-108; 119 Stat. Powers of certain investigators and officers of the Department of Justice.''. (2) Section 716(c)(1)(B) of the National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 2415(b)(3)) is amended by striking ``, including'' and all that follows through ``report''. (F) Section 207 of division B of the Consolidated Appropriations Act, 2008 (28 U.S.C. 533 note). Audit of Internal Revenue Service and Department of Justice.''. (2) Amendments to the james guelff and chris mccurley body armor act of 2002.--Section 11009 of the James Guelff and Chris McCurley Body Armor Act of 2002 (34 U.S.C. 11133(a)(11)(A)(i)(I)) is amended by striking subclause (I) and redesignating subclauses (II) and (III) as subclauses (I) and (II), respectively. (B) Section 180102(b)(2) of such Act (34 U.S.C. 40301(b)) is amended by striking paragraphs (6) and (8) and redesignating paragraphs (7) and (9) through (18) as paragraphs (6) through (16), respectively. (6) Amendments to the brady handgun violence prevention act.-- (A) Section 103 of the Brady Handgun Violence Prevention Act (34 U.S.C. 50102(2)) is amended-- (A) by adding ``and'' at the end of subparagraph (L); and (B) by striking subparagraph (M) and redesignating subparagraph (N) as subparagraph (M). (10) Amendment to the interstate transportation of dangerous criminals act of 2000.--Section 3(1) of the Interstate Transportation of Dangerous Criminals Act of 2000 (34 U.S.C. 60102(1)) is amended by striking ``924(c)(3)'' and inserting ``924(b)(3)''. (t) Effective Date.--The repeals and amendments made by this section shall take effect on the abolishment date. TITLE II--TRUST FUND AND GRANT PROGRAMS SEC. 201. BORDER PATROL AGENT KILLED IN ACTION TRUST FUND. (d) Prohibition.--Amounts in the Trust Fund may not be used to carry out any statute, regulation, or any executive action relating to restrictions on firearms. 202. (d) Grant Amount.--The amount of a grant under the Program may not exceed $150,000. (e) Application.--To be eligible to receive a grant under the Program, an eligible recipient shall submit to the Commissioner an application in such form, at such time, and containing such information as the Commissioner may require. 203. FIREARM SAFETY PROGRAM. DEFINITIONS. (2) Commissioner.--The term ``Commissioner'' means the Commissioner of U.S. Customs and Border Protection. (3) Firearm.--The term ``firearm'' has the meaning given the term in section 921(a)(3) of title 18, United States Code.

H.R.6083

Commerce

Deceptive Experiences To Online Users Reduction Act or the DETOUR Act This bill prohibits large online operators from manipulating their product to mislead consumers into providing personal information or giving consent. The bill further prohibits these operators from studying the behavioral patterns of subsets of users without first obtaining informed consent, and it prohibits designing online products that lead to compulsive usage by children. If meeting certain requirements, an association of large online operators may register with the Federal Trade Commission (FTC) as a professional standards body to develop and promote best practices and guidance for complying with the requirements of this bill. The bill provides authority for the FTC to enforce the requirements of this bill.

To prohibit the use of exploitative and deceptive practices by large online operators and to promote consumer welfare in the use of behavioral research by such providers. 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 ``Deceptive Experiences To Online Users Reduction Act'' or the ``DETOUR Act''. SEC. 2. DEFINITIONS. In this Act: (1) Behavioral or psychological experiment or research.-- The term ``behavioral or psychological experiment or research'' means the study, including through human experimentation, of overt or observable actions or mental phenomena inferred from behavior, including interactions between and among individuals and the activities of social groups. (2) Child.--The term ``child'' has the meaning given such term in section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501). (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Compulsive usage.--The term ``compulsive usage'' means any response stimulated by external factors that causes an individual to engage in repetitive behavior causing psychological distress, loss of control, anxiety, depression, or harmful stress responses. (5) Independent review board.--The term ``independent review board'' means a board, committee, or other group that serves to protect the welfare and privacy of users and is formally designated by a large online operator to review, to approve the initiation of, and to conduct periodic review of, any research by, or at the direction or discretion of, a large online operator, involving human subjects. (6) Informed consent.--The term ``informed consent''-- (A) means the express, affirmative consent freely given by a user, in which such user is provided a clear and conspicuous description-- (i) of a process by which a user is provided adequate information prior to being included in any behavioral or psychological experiment or study in order to allow for an informed decision about voluntary participation in such a behavioral or psychological research experiment or research; and (ii) ensuring the understanding by such user of the furnished information and any associated benefits, risks, or consequences of participation prior to obtaining the voluntary agreement to participate by the user; and (B) does not include-- (i) the consent of a child; or (ii) the consent to a provision contained in a general contract or service agreement. (7) Large online operator.--The term ``large online operator'' means any person that-- (A) provides an online service; (B) has more than 100,000,000 authenticated users of an online service in any 30-day period; and (C) is subject to the jurisdiction of the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (8) Online service.--The term ``online service'' means a website or a service, other than an internet access service, that is made available to the public over the internet, including a social network, a search engine, or an email service. (9) User.--The term ``user'' means any individual who engages with an online service. (10) User data.--The term ``user data'' means any information relating to an identified or identifiable individual user, whether directly submitted to the large online operator by the user or derived from the observed activity of the user by the large online operator. SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO THE MANIPULATION OF USER INTERFACES. (a) Conduct Prohibited.--It shall be unlawful for any large online operator-- (1) to design, modify, or manipulate a user interface with the purpose or substantial effect of obscuring, subverting, or impairing user autonomy, decision making, or choice to obtain consent or user data; (2) to subdivide or segment consumers of online services into groups for the purposes of behavioral or psychological experiment or research of users of an online service, except with the informed consent of each user involved; or (3) to design, modify, or manipulate a user interface on a website or online service, or portion thereof, that is directed to an individual under the age of 13, with the purpose or substantial effect of causing, increasing, or encouraging compulsive usage, inclusive of video auto-play functions initiated without the consent of a user. (b) Duties of Large Online Operators.--Any large online operator that engages in any form of behavioral or psychological experiment or research based on the activity or data of its users shall do each of the following: (1) The large online operator shall disclose to its users on a routine basis, but not less than once each 90 days, the general purpose of any such behavioral or psychological experiment or research, to each user whose user data is or was during the previous 90-day period subject to or included in any behavioral or psychological experiment or research. (2) The large online operator shall disclose to the public on a routine basis, but not less than once each 90 days, any experiments or studies with the purposes of promoting engagement or product conversion being currently undertaken, or concluded since the prior disclosure. (3) The large online operator shall present the disclosures described in paragraphs (1) and (2) in a manner that-- (A) is clear, conspicuous, context-appropriate, and easily accessible; and (B) is not deceptively obscured. (4)(A) Subject to subparagraph (B), the large online operator shall remove and delete all data obtained from affected users in the course of a behavioral or psychological experiment or research if the large online operator-- (i) determines (or determines that it has reason to believe) that the informed consent for the processing of user data for such behavioral or psychological experiment or research was inappropriately acquired from such users; and (ii) is unable to obtain within 2 business days of such determination the appropriate informed consent. (B) If the large online operator is unable to remove and delete user data pursuant to subparagraph (A), the large online operator shall discontinue the related behavioral or psychological experiment or research. (5) The large online operator shall establish an Independent Review Board for any behavioral or psychological experiment or research, of any purpose, conducted on users or on the basis of user activity or data, which shall review and have authority to approve, require modification in, or disapprove all behavioral or psychological experiments or research. (6) The large online operator shall ensure that any Independent Review Board established under paragraph (5) shall register with the Commission, including providing to the Commission-- (A) the names and resumes of every Board member; (B) the composition and reporting structure of the Board to the management of the operator; (C) the process by which the Board is to be notified of proposed studies or modifications along with the processes by which the board is capable of vetoing or amending such proposals; (D) any compensation provided to board members; and (E) any conflict of interest that might exist concerning a board member's participation in the Board. (c) Registered Professional Standards Body.-- (1) In general.--An association of large online operators may register as a professional standards body by filing with the Commission an application for registration in such form as the Commission, by rule, may prescribe containing the rules of the association and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for protecting the welfare of users of large online operators. (2) Professional standards body.--An association of large online operators may not register as a professional standards body unless the Commission determines that-- (A) the association is so organized and has the capacity to enforce compliance by its members and persons associated with its members, with the provisions of this Act; (B) the rules of the association provide that any large online operator may become a member of such association; (C) the rules of the association ensure a fair representation of its members in the selection of its directors and administration of its affairs and provide that one or more directors shall be representative of users and not be associated with, or receive any direct or indirect funding from, a member of the association or any large online operator; (D) the rules of the association are designed to prevent exploitative and manipulative acts or practices, to promote transparent and fair principles of technology development and design, to promote research in keeping with best practices of study design and informed consent, and to continually evaluate industry practices and issue contractually binding guidance consistent with the objectives of this Act; (E) the rules of the association provide that its members and persons associated with its members shall be appropriately disciplined for violation of any provision of this Act, the rules or regulations thereunder, or the rules of the association, by expulsion, suspension, limitation of activities, functions, fine, censure, being suspended or barred from being associated with a member, or any other appropriate sanction; and (F) the rules of the association are in accordance with the provisions of this Act, and, in general, provide a fair procedure for the disciplining of members and persons associated with members, the denial of membership to any person seeking membership therein, the barring of any person from becoming associated with a member thereof, and the prohibition or limitation by the association of any person with respect to access to services offered by the association or a member thereof. (3) Responsibilities and activities.-- (A) Bright-line rules.--An association shall-- (i) develop, on a continuing basis, guidance and bright-line rules for the development and design of technology products of large online operators consistent with subparagraph (B); and (ii) notify the Commission of such guidance and bright-line rules. (B) Safe harbors.--In formulating guidance under subparagraph (A), the association shall define conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy, decision making, or choice, or of cultivating compulsive usage for a child such as-- (i) de minimis user interface changes derived from testing consumer preferences, including different styles, layouts, or text, where such changes are not done with the purpose of obtaining user consent or user data; (ii) algorithms or data outputs outside the control of a large online operator or its affiliates; and (iii) establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision- making ability. (d) Enforcement by the Commission.-- (1) Unfair or deceptive acts or practices.-- (A) In general.--A violation of subsection (a) or (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (B) Determination.--For purposes of enforcement of this Act, the Commission shall determine an act or practice is unfair or deceptive if the act or practice-- (i) has the purpose, or substantial effect, of subverting or impairing user autonomy, decision making, or choice to obtain consent or user data; or (ii) has the purpose, or substantial effect, of cultivating compulsive usage by a child. (2) Powers of the commission.-- (A) In general.--The Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (D) Regulations.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, that-- (i) establish rules and procedures for obtaining the informed consent of users; (ii) establish rules for the registration, formation, oversight, and management of the independent review boards, including standards that ensure effective independence of such entities from improper or undue influence by a large online operator; (iii) establish rules for the registration, formation, oversight, and management of professional standards bodies, including procedures for the regular oversight of such bodies and revocation of their designation; (iv) in consultation with a professional standards body established under subsection (c), define conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy, decision making, or choice, or of cultivating compulsive usage for a child such as-- (I) de minimis user interface changes derived from testing consumer preferences, including different styles, layouts, or text, where such changes are not done with the purpose of obtaining user consent or user data; (II) algorithms or data outputs outside the control of a large online operator or its affiliates; and (III) establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision- making ability. (3) Safe harbor.--The Commission may not bring an enforcement action under this Act against any large online operator that relied in good faith on the guidance of a professional standards body. <all>

Deceptive Experiences To Online Users Reduction Act

To prohibit the use of exploitative and deceptive practices by large online operators and to promote consumer welfare in the use of behavioral research by such providers.

DETOUR Act Deceptive Experiences To Online Users Reduction Act

Rep. Blunt Rochester, Lisa

D

DE

This bill prohibits large online operators from manipulating their product to mislead consumers into providing personal information or giving consent. The bill further prohibits these operators from studying the behavioral patterns of subsets of users without first obtaining informed consent, and it prohibits designing online products that lead to compulsive usage by children. If meeting certain requirements, an association of large online operators may register with the Federal Trade Commission (FTC) as a professional standards body to develop and promote best practices and guidance for complying with the requirements of this bill. The bill provides authority for the FTC to enforce the requirements of this bill.

This Act may be cited as the ``Deceptive Experiences To Online Users Reduction Act'' or the ``DETOUR Act''. 2. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (9) User.--The term ``user'' means any individual who engages with an online service. (B) If the large online operator is unable to remove and delete user data pursuant to subparagraph (A), the large online operator shall discontinue the related behavioral or psychological experiment or research. (2) Professional standards body.--An association of large online operators may not register as a professional standards body unless the Commission determines that-- (A) the association is so organized and has the capacity to enforce compliance by its members and persons associated with its members, with the provisions of this Act; (B) the rules of the association provide that any large online operator may become a member of such association; (C) the rules of the association ensure a fair representation of its members in the selection of its directors and administration of its affairs and provide that one or more directors shall be representative of users and not be associated with, or receive any direct or indirect funding from, a member of the association or any large online operator; (D) the rules of the association are designed to prevent exploitative and manipulative acts or practices, to promote transparent and fair principles of technology development and design, to promote research in keeping with best practices of study design and informed consent, and to continually evaluate industry practices and issue contractually binding guidance consistent with the objectives of this Act; (E) the rules of the association provide that its members and persons associated with its members shall be appropriately disciplined for violation of any provision of this Act, the rules or regulations thereunder, or the rules of the association, by expulsion, suspension, limitation of activities, functions, fine, censure, being suspended or barred from being associated with a member, or any other appropriate sanction; and (F) the rules of the association are in accordance with the provisions of this Act, and, in general, provide a fair procedure for the disciplining of members and persons associated with members, the denial of membership to any person seeking membership therein, the barring of any person from becoming associated with a member thereof, and the prohibition or limitation by the association of any person with respect to access to services offered by the association or a member thereof. 57a(a)(1)(B)). (B) Determination.--For purposes of enforcement of this Act, the Commission shall determine an act or practice is unfair or deceptive if the act or practice-- (i) has the purpose, or substantial effect, of subverting or impairing user autonomy, decision making, or choice to obtain consent or user data; or (ii) has the purpose, or substantial effect, of cultivating compulsive usage by a child.

This Act may be cited as the ``Deceptive Experiences To Online Users Reduction Act'' or the ``DETOUR Act''. 2. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (9) User.--The term ``user'' means any individual who engages with an online service. (B) If the large online operator is unable to remove and delete user data pursuant to subparagraph (A), the large online operator shall discontinue the related behavioral or psychological experiment or research.

SHORT TITLE. This Act may be cited as the ``Deceptive Experiences To Online Users Reduction Act'' or the ``DETOUR Act''. 2. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (5) Independent review board.--The term ``independent review board'' means a board, committee, or other group that serves to protect the welfare and privacy of users and is formally designated by a large online operator to review, to approve the initiation of, and to conduct periodic review of, any research by, or at the direction or discretion of, a large online operator, involving human subjects. (9) User.--The term ``user'' means any individual who engages with an online service. SEC. (2) The large online operator shall disclose to the public on a routine basis, but not less than once each 90 days, any experiments or studies with the purposes of promoting engagement or product conversion being currently undertaken, or concluded since the prior disclosure. (B) If the large online operator is unable to remove and delete user data pursuant to subparagraph (A), the large online operator shall discontinue the related behavioral or psychological experiment or research. (2) Professional standards body.--An association of large online operators may not register as a professional standards body unless the Commission determines that-- (A) the association is so organized and has the capacity to enforce compliance by its members and persons associated with its members, with the provisions of this Act; (B) the rules of the association provide that any large online operator may become a member of such association; (C) the rules of the association ensure a fair representation of its members in the selection of its directors and administration of its affairs and provide that one or more directors shall be representative of users and not be associated with, or receive any direct or indirect funding from, a member of the association or any large online operator; (D) the rules of the association are designed to prevent exploitative and manipulative acts or practices, to promote transparent and fair principles of technology development and design, to promote research in keeping with best practices of study design and informed consent, and to continually evaluate industry practices and issue contractually binding guidance consistent with the objectives of this Act; (E) the rules of the association provide that its members and persons associated with its members shall be appropriately disciplined for violation of any provision of this Act, the rules or regulations thereunder, or the rules of the association, by expulsion, suspension, limitation of activities, functions, fine, censure, being suspended or barred from being associated with a member, or any other appropriate sanction; and (F) the rules of the association are in accordance with the provisions of this Act, and, in general, provide a fair procedure for the disciplining of members and persons associated with members, the denial of membership to any person seeking membership therein, the barring of any person from becoming associated with a member thereof, and the prohibition or limitation by the association of any person with respect to access to services offered by the association or a member thereof. 57a(a)(1)(B)). (B) Determination.--For purposes of enforcement of this Act, the Commission shall determine an act or practice is unfair or deceptive if the act or practice-- (i) has the purpose, or substantial effect, of subverting or impairing user autonomy, decision making, or choice to obtain consent or user data; or (ii) has the purpose, or substantial effect, of cultivating compulsive usage by a child. 41 et seq.).

SHORT TITLE. This Act may be cited as the ``Deceptive Experiences To Online Users Reduction Act'' or the ``DETOUR Act''. 2. DEFINITIONS. 6501). (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Compulsive usage.--The term ``compulsive usage'' means any response stimulated by external factors that causes an individual to engage in repetitive behavior causing psychological distress, loss of control, anxiety, depression, or harmful stress responses. (5) Independent review board.--The term ``independent review board'' means a board, committee, or other group that serves to protect the welfare and privacy of users and is formally designated by a large online operator to review, to approve the initiation of, and to conduct periodic review of, any research by, or at the direction or discretion of, a large online operator, involving human subjects. (9) User.--The term ``user'' means any individual who engages with an online service. SEC. (2) The large online operator shall disclose to the public on a routine basis, but not less than once each 90 days, any experiments or studies with the purposes of promoting engagement or product conversion being currently undertaken, or concluded since the prior disclosure. (B) If the large online operator is unable to remove and delete user data pursuant to subparagraph (A), the large online operator shall discontinue the related behavioral or psychological experiment or research. (2) Professional standards body.--An association of large online operators may not register as a professional standards body unless the Commission determines that-- (A) the association is so organized and has the capacity to enforce compliance by its members and persons associated with its members, with the provisions of this Act; (B) the rules of the association provide that any large online operator may become a member of such association; (C) the rules of the association ensure a fair representation of its members in the selection of its directors and administration of its affairs and provide that one or more directors shall be representative of users and not be associated with, or receive any direct or indirect funding from, a member of the association or any large online operator; (D) the rules of the association are designed to prevent exploitative and manipulative acts or practices, to promote transparent and fair principles of technology development and design, to promote research in keeping with best practices of study design and informed consent, and to continually evaluate industry practices and issue contractually binding guidance consistent with the objectives of this Act; (E) the rules of the association provide that its members and persons associated with its members shall be appropriately disciplined for violation of any provision of this Act, the rules or regulations thereunder, or the rules of the association, by expulsion, suspension, limitation of activities, functions, fine, censure, being suspended or barred from being associated with a member, or any other appropriate sanction; and (F) the rules of the association are in accordance with the provisions of this Act, and, in general, provide a fair procedure for the disciplining of members and persons associated with members, the denial of membership to any person seeking membership therein, the barring of any person from becoming associated with a member thereof, and the prohibition or limitation by the association of any person with respect to access to services offered by the association or a member thereof. 57a(a)(1)(B)). (B) Determination.--For purposes of enforcement of this Act, the Commission shall determine an act or practice is unfair or deceptive if the act or practice-- (i) has the purpose, or substantial effect, of subverting or impairing user autonomy, decision making, or choice to obtain consent or user data; or (ii) has the purpose, or substantial effect, of cultivating compulsive usage by a child. were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (D) Regulations.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, that-- (i) establish rules and procedures for obtaining the informed consent of users; (ii) establish rules for the registration, formation, oversight, and management of the independent review boards, including standards that ensure effective independence of such entities from improper or undue influence by a large online operator; (iii) establish rules for the registration, formation, oversight, and management of professional standards bodies, including procedures for the regular oversight of such bodies and revocation of their designation; (iv) in consultation with a professional standards body established under subsection (c), define conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy, decision making, or choice, or of cultivating compulsive usage for a child such as-- (I) de minimis user interface changes derived from testing consumer preferences, including different styles, layouts, or text, where such changes are not done with the purpose of obtaining user consent or user data; (II) algorithms or data outputs outside the control of a large online operator or its affiliates; and (III) establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision- making ability.

H.R.2653

Taxation

Medical Manufacturing, Economic Development, and Sustainability Act of 2021 or the MMEDS Act of 2021 This bill provides incentives for relocating medical manufacturing facilities in the United States and for manufacturing medical products (i.e., drugs and devices) in economically distressed zones. Specifically, the bill allows a income tax credit for 40% of the sum of wages paid in a medical manufacturing economically distressed zone, employee fringe benefit expenses, and depreciation and amortization allowances with respect to qualified medical manufacturing facility property, and a credit for economically distressed zone products and services acquired by domestic medical manufacturers. The bill increases the credit rate for minority businesses.

To rescue domestic medical manufacturing activity by providing incentives in economically distressed areas of the United States and its possessions. 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 ``Medical Manufacturing, Economic Development, and Sustainability Act of 2021'' or the ``MMEDS Act of 2021''. SEC. 2. ECONOMICALLY DISTRESSED ZONES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter AA--Medical Manufacturing in Economically Distressed Zones ``subchapter aa--medical manufacturing in economically distressed zones ``Sec. 1400AA-1. Medical manufacturing in economically distressed zone credit. ``Sec. 1400AA-2. Credit for economically distressed zone products and services acquired by domestic medical manufacturers. ``Sec. 1400AA-3. Special rules to secure the national supply chain and for the production of population health products. ``Sec. 1400AA-4. Designation of economically distressed zones. ``SEC. 1400AA-1. MEDICAL MANUFACTURING IN ECONOMICALLY DISTRESSED ZONE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal 40 percent of the sum of-- ``(1) the aggregate amount of the taxpayer's medical manufacturing economically distressed zone wages for such taxable year, ``(2) the allocable employee fringe benefit expenses of the taxpayer for such taxable year, and ``(3) the depreciation and amortization allowances of the taxpayer for the taxable year with respect to qualified medical manufacturing facility property. ``(b) Denial of Double Benefit.--Any wages or other expenses taken into account in determining the credit under this section may not be taken into account in determining the credit under sections 41, and any other provision determined by the Secretary to be substantially similar. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Economically distressed zone wages.-- ``(A) In general.--The term `economically distressed zone wages' means amounts paid or incurred for wages of an employee by the taxpayer for the taxable year which are-- ``(i) in connection with the active conduct of a trade or business of the taxpayer, and ``(ii) paid or incurred for an employee the principal place of employment of whom is in a qualified medical manufacturing facility of such taxpayer. ``(B) Limitation on amount of wages taken into account.-- ``(i) In general.--The amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. ``(ii) Treatment of part-time employees, etc.--If-- ``(I) any employee is not employed by the taxpayer on a substantially full-time basis at all times during the taxable year, or ``(II) the principal place of employment of any employee is not within an economically distressed zone at all times during the taxable year, the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) of the limitation which would otherwise be in effect under clause (i). ``(C) Treatment of certain employees.--The term `economically distressed zone wages' shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation. ``(D) Wages.--For purposes of this paragraph, the term `wages' shall not include any amounts which are allocable employee fringe benefit expenses. ``(2) Allocable employee fringe benefit expenses.-- ``(A) In general.--The term `allocable employee fringe benefit expenses' means the aggregate amount allowable as a deduction under this chapter to the taxpayer for the taxable year for the following amounts which are allocable to employment in a qualified medical manufacturing facility and which are not included as economically distressed zone wages pursuant to this subsection: ``(i) Employer contributions under a stock bonus, pension, profit-sharing, or annuity plan. ``(ii) Employer-provided coverage under any accident or health plan for employees. ``(iii) The cost of life or disability insurance provided to employees. ``(B) Allocation.--For purposes of subparagraph (A), an amount shall be treated as allocable to a qualified medical manufacturing facility only if such amount is with respect to employment of an individual for services provided, and the principal place of employment of whom is, in such facility. ``(3) Qualified medical manufacturing facility.--The term `qualified medical manufacturing facility' means any facility that-- ``(A) researches and develops or produces medical products or essential components of medical products, and ``(B) is located within an economically distressed zone. ``(4) Qualified medical manufacturing facility property.-- The term `qualified medical manufacturing facility property' means any property used in (or consisting of) a qualified medical manufacturing facility if such property is directly connected to the research, development, or production of a medical product. ``(5) Medical product; essential component.-- ``(A) Medical product.--The term `medical product' means-- ``(i) a drug that-- ``(I) is a prescription drug subject to regulation under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262), ``(II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382), or ``(III) is described in section 201(jj) of such Act (21 U.S.C. 321(jj)), or ``(ii) a device, as defined in section 201(h) of such Act (21 U.S.C. 321(h)). ``(B) Essential component.--The term `essential component' means, with respect to a medical product-- ``(i) an active pharmaceutical ingredient, or ``(ii) a protein, antibody, enzyme, hormone, or other organic material that is an active ingredient in a biological product. ``(6) Aggregation rules.-- ``(A) In general.--For purposes of this section, members of an affiliated group shall be treated as a single taxpayer. ``(B) Affiliated group.--The term `affiliated group' means an affiliated group (as defined in section 1504(a), determined without regard to section 1504(b)(3)) one or more members of which are engaged in the active conduct of a trade or business within an economically distressed zone. ``SEC. 1400AA-2. CREDIT FOR ECONOMICALLY DISTRESSED ZONE PRODUCTS AND SERVICES ACQUIRED BY DOMESTIC MEDICAL MANUFACTURERS. ``(a) Allowance of Credit.--In the case of an eligible medical manufacturer, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the aggregate amounts paid or incurred by the taxpayer during such taxable year for qualified economically distressed zone products or services. ``(b) Applicable Percentage.--For purposes of this section, the term applicable percentage means-- ``(1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), ``(2) 40 percent in the case of amounts paid or incurred to an unrelated minority business, and ``(3) 5 percent in the case of amounts paid or incurred to a related person. ``(c) Eligible Medical Manufacturer.--For purposes of this section, the term `eligible medical manufacturer' means any person in the trade or business of producing medical products in the United States. ``(d) Qualified Product or Service.--For purposes of this section, the term `qualified product or service' means-- ``(1) any product which is produced in an economically distressed zone and which is integrated into a medical product produced by the taxpayer, and ``(2) any service which is provided in an economically distressed zone and which is necessary to the production of a medical product by the taxpayer (including packaging). ``(e) Minority Business.--For purposes of this section-- ``(1) In general.--The term `minority business' means-- ``(A) a sole proprietorship carried on by a qualified individual, or ``(B) a corporation or partnership-- ``(i) at least 50 percent of the ownership interests in which are held by one or more qualified individuals, and ``(ii) of which a qualified individual is the president or chief executive officer (or a substantially equivalent position). ``(2) Qualified individual.--The term `qualified individual' means any individual who-- ``(A) is of Asian-Indian, Asian-Pacific, Black, Hispanic, or Native American origin or descent, and ``(B) is a United States citizen or legal resident of the United States or any of its territories or possessions. ``(f) Related Persons.--For purposes of this section, persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). ``(g) Other Terms.--Terms used in this section which are also used in section 1400AA-1 shall have the same meaning as when used in such section. ``SEC. 1400AA-3. SPECIAL RULES TO SECURE THE NATIONAL SUPPLY CHAIN AND FOR THE PRODUCTION OF POPULATION HEALTH PRODUCTS. ``(a) In General.--In the case of a qualified repatriated medical manufacturing facility or a qualified population health product manufacturing facility-- ``(1) section 1400AA-1(a) shall be applied by substituting `60 percent' for `40 percent', and ``(2) section 1400AA-2(a) shall be applied-- ``(A) by substituting `50 percent' for `30 percent', and ``(B) by substituting `60 percent' for `40 percent'. ``(b) Election To Expense in Lieu of Tax Credit for Depreciation.-- In the case of a taxpayer which elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualified repatriated medical manufacturing facility or qualified population health product manufacturing facility-- ``(1) section 1400AA-1(a)(3) shall not apply with respect to any qualified medical manufacturing facility property with respect to such facility, and ``(2) for purposes of section 168(k)-- ``(A) such property shall be treated as qualified property, and ``(B) the applicable percentage with respect to such property shall be 100 percent. ``(c) Qualified Repatriated Medical Manufacturing Facility.--For purposes of this section, the term `qualified repatriated medical manufacturing facility' means any qualified medical manufacturing facility (as defined in section 1400AA-1) the production of which was moved to an economically distressed zone from a foreign country that the United States Trade Representative has determined could pose a risk to the national supply chain because of political or social factors. ``(d) Qualified Population Health Product Manufacturing Facility.-- For purposes of this section, the term `qualified population health product manufacturing facility' means any qualified medical manufacturing facility (as defined in section 1400AA-1) that produces a population health product (as defined in section 319L(a)(11) of the Public Health Service Act) which the Secretary of Health and Human Services has identified for support through a strategic initiative under section 319L(c)(4)(F)(ii) of the Public Health Service Act. ``SEC. 1400AA-4. DESIGNATION OF ECONOMICALLY DISTRESSED ZONES. ``(a) In General.--For purposes of this subchapter, the term `economically distressed zone' means any population census tract within the United States which-- ``(1) has a poverty rate of not less than 35 percent for each of the 5 most recent calendar years for which information is available, or ``(2) satisfies each of the following requirements: ``(A) has pervasive poverty, unemployment, low labor force participation, and general distress measured as a prolonged period of economic decline measured by real gross national product, ``(B) has a poverty rate of not less than 30 percent for each of the 5 most recent calendar years for which information is available, and ``(C) has been designated as such by the Secretary and the Secretary of Commerce pursuant to an application under subsection (b). ``(b) Application for Designation.-- ``(1) In general.--An application for designation as an economically distressed zone may be filed by a State or local government in which the population census tract to which the application applies is located. ``(2) Requirements.--Such application shall include a strategic plan for accomplishing the purposes of this subchapter, which-- ``(A) describes the coordinated economic, human, community, and physical development plan and related activities proposed for the nominated area, ``(B) describes the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process, ``(C) identifies the amount of State, local, and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, medical centers, and other private and public entities, ``(D) identifies the funding requested under any Federal program in support of the proposed economic, human, community, and physical development and related activities, ``(E) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan, including the extent to which poor persons and families will be empowered to become economically self- sufficient, and ``(F) does not include any action to assist any establishment in relocating from one area outside the nominated area to the nominated area, except that assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary is permitted if-- ``(i) the establishment of the new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations, ``(ii) there is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operation, and ``(iii) includes such other information as may be required by the Secretary and the Secretary of Commerce. ``(c) Period for Which Designations Are in Effect.--Designation as an economically distressed zone may be made at any time during the 10- year period beginning on the date of the enactment of this section, and shall remain in effect with respect to such zone during the 15-year period beginning on the date of such designation. Economically distressed zones described in subsection (a)(1) shall take effect on the date of the enactment of this Act and shall remain in effect during the 15-year period beginning on such date. ``(d) Territories and Possessions.--The term `United States' includes the 50 States, the District of Columbia, and the territories and possessions of the United States. ``(e) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including-- ``(1) not later than 30 days after the date of the enactment of this section, a list of the population census tracts described in subsection (a)(1), and ``(2) not later than 60 days after the date of the enactment of this section, regulations or other guidance regarding the designation of population census tracts described in subsection (a)(2).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 3. AUTHORITY TO SUPPORT DEVELOPMENT OF POPULATION HEALTH PRODUCTS. (a) Definitions.-- (1) Qualified countermeasure.--Subparagraph (A) of section 319F-1(a)(2) of the Public Health Service Act (42 U.S.C. 247d- 6a(a)(2)) is amended to read as follows: ``(A) Qualified countermeasure.--The term `qualified countermeasure' means a drug (as that term is defined by section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as that term is defined by section 351(i) of this Act (42 U.S.C. 262(i))), or device (as that term is defined by section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))), that the Secretary determines to be a priority consistent with sections 302(2) and 304(a) of the Homeland Security Act of 2002-- ``(i) to diagnose, mitigate, prevent, or treat harm from any biological agent (including organisms that cause an infectious disease), toxin, chemical, radiological, or nuclear agent that may cause a public health emergency affecting national security; or ``(ii) to diagnose, mitigate, prevent, or treat harm from an underlying non-communicable disease which, combined with pandemic influenza or an emerging infectious disease, may result in adverse health consequences or serious threat to one or more vulnerable American populations (as defined in section 319L(a)) in an epidemic or pandemic.''. (2) Other definitions.--Subsection (a) of section 319L of the Public Health Service Act (42 U.S.C. 247d-7e) is amended by adding at the end the following new paragraphs: ``(11) Population health product.--The term `population health product' means a widely available drug to diagnose, mitigate, prevent, or treat harm from an underlying non- communicable disease which, combined with pandemic influenza or an emerging infectious disease, may result in adverse health consequences or a serious threat to one or more vulnerable American populations in an epidemic or pandemic. ``(12) Vulnerable american populations.--The term `vulnerable American populations' means children, pregnant women, older adults, minority populations, and other at-risk individuals with relevant characteristics that warrant consideration during the process of researching and developing such countermeasures and products.''. (b) Strategic Initiatives.--Clause (ii) of section 319L(c)(4)(F) of the Public Health Service Act (42 U.S.C. 247d-7e(c)(4)(F)) is amended to read as follows: ``(ii) threats that consistently exist or continually circulate and have a significant potential to become a pandemic, such as pandemic influenza and emerging infectious diseases in combination with underlying non- communicable diseases, which may include the advanced research and development, manufacturing, and appropriate stockpiling of qualified pandemic or epidemic products, and products, technologies, or processes to support the advanced research and development of such countermeasures (including multiuse platform technologies for diagnostics, vaccines, and therapeutics; virus seeds; clinical trial lots; novel virus strains; and antigen and adjuvant material); and''. (c) At-Risk Individuals.--Paragraph (6) of section 319L(c) of the Public Health Service Act (42 U.S.C. 247d-7e(c)) is amended to read as follows: ``(6) At-risk individuals.--In carrying out the functions under this section, the Secretary may give a priority to advanced research and development of-- ``(A) qualified countermeasures and qualified pandemic or epidemic products likely to be safe and effective with respect to vulnerable American populations; and ``(B) population health products likely to protect vulnerable American populations with underlying non- communicable diseases from disproportionate harm in epidemics and pandemics.''. (d) Other Authorities.--Section 319L(c) of the Public Health Service Act (42 U.S.C. 247d-7e(c)) is amended by adding at the end the following: ``(8) Timely delivery of population health products to at- risk individuals.--The Secretary shall collaborate with the Administrator of the Centers for Medicare & Medicaid Services, the Secretary of Defense, the Secretary of Veterans Affairs, the Commissioner of Food and Drugs, and the heads of other Federal agencies involved with approval and distribution of health products to assure that such Federal agencies distribute approved population health products as promptly and effectively as possible, and as continuously as possible, to protect vulnerable American populations from harm in epidemics and pandemics. ``(9) Report on need for incentivizing development of population health products.--Not later than 90 days after the date of enactment of the Medical Manufacturing, Economic Development, and Sustainability Act of 2021, the Secretary shall examine and report to the Congress on-- ``(A) the extent to which the health of aging Americans, African Americans, Hispanics, Native Americans, veterans, or other vulnerable American populations has been disproportionately harmed by the COVID-19 pandemic and prior epidemics and pandemics; ``(B) the population health products currently available and whether there is a need for additional innovation and development to produce population health products to reduce the exposure of vulnerable American populations to risk of disproportionate harm in epidemics and pandemics; and ``(C) whether the Secretary recommends providing the same incentives for the development and marketing of population health products as is given with respect to covered infectious disease products under the Federal Food, Drug, and Cosmetic Act, including under section 505E of such Act.''. <all>

MMEDS Act of 2021

To rescue domestic medical manufacturing activity by providing incentives in economically distressed areas of the United States and its possessions.

MMEDS Act of 2021 Medical Manufacturing, Economic Development, and Sustainability Act of 2021

Resident Commissioner González-Colón, Jenniffer

R

PR

This bill provides incentives for relocating medical manufacturing facilities in the United States and for manufacturing medical products (i.e., drugs and devices) in economically distressed zones. Specifically, the bill allows a income tax credit for 40% of the sum of wages paid in a medical manufacturing economically distressed zone, employee fringe benefit expenses, and depreciation and amortization allowances with respect to qualified medical manufacturing facility property, and a credit for economically distressed zone products and services acquired by domestic medical manufacturers. The bill increases the credit rate for minority businesses.

2. Medical manufacturing in economically distressed zone credit. ``(B) Limitation on amount of wages taken into account.-- ``(i) In general.--The amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. 262), ``(II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). ``(6) Aggregation rules.-- ``(A) In general.--For purposes of this section, members of an affiliated group shall be treated as a single taxpayer. ``(b) Applicable Percentage.--For purposes of this section, the term applicable percentage means-- ``(1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), ``(2) 40 percent in the case of amounts paid or incurred to an unrelated minority business, and ``(3) 5 percent in the case of amounts paid or incurred to a related person. ``(d) Qualified Population Health Product Manufacturing Facility.-- For purposes of this section, the term `qualified population health product manufacturing facility' means any qualified medical manufacturing facility (as defined in section 1400AA-1) that produces a population health product (as defined in section 319L(a)(11) of the Public Health Service Act) which the Secretary of Health and Human Services has identified for support through a strategic initiative under section 319L(c)(4)(F)(ii) of the Public Health Service Act. ``(c) Period for Which Designations Are in Effect.--Designation as an economically distressed zone may be made at any time during the 10- year period beginning on the date of the enactment of this section, and shall remain in effect with respect to such zone during the 15-year period beginning on the date of such designation. ``(d) Territories and Possessions.--The term `United States' includes the 50 States, the District of Columbia, and the territories and possessions of the United States. SEC. 3. 247d-7e(c)) is amended to read as follows: ``(6) At-risk individuals.--In carrying out the functions under this section, the Secretary may give a priority to advanced research and development of-- ``(A) qualified countermeasures and qualified pandemic or epidemic products likely to be safe and effective with respect to vulnerable American populations; and ``(B) population health products likely to protect vulnerable American populations with underlying non- communicable diseases from disproportionate harm in epidemics and pandemics.''.

2. Medical manufacturing in economically distressed zone credit. ``(B) Limitation on amount of wages taken into account.-- ``(i) In general.--The amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. 262), ``(II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). ``(b) Applicable Percentage.--For purposes of this section, the term applicable percentage means-- ``(1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), ``(2) 40 percent in the case of amounts paid or incurred to an unrelated minority business, and ``(3) 5 percent in the case of amounts paid or incurred to a related person. ``(d) Qualified Population Health Product Manufacturing Facility.-- For purposes of this section, the term `qualified population health product manufacturing facility' means any qualified medical manufacturing facility (as defined in section 1400AA-1) that produces a population health product (as defined in section 319L(a)(11) of the Public Health Service Act) which the Secretary of Health and Human Services has identified for support through a strategic initiative under section 319L(c)(4)(F)(ii) of the Public Health Service Act. ``(d) Territories and Possessions.--The term `United States' includes the 50 States, the District of Columbia, and the territories and possessions of the United States. SEC. 3. 247d-7e(c)) is amended to read as follows: ``(6) At-risk individuals.--In carrying out the functions under this section, the Secretary may give a priority to advanced research and development of-- ``(A) qualified countermeasures and qualified pandemic or epidemic products likely to be safe and effective with respect to vulnerable American populations; and ``(B) population health products likely to protect vulnerable American populations with underlying non- communicable diseases from disproportionate harm in epidemics and pandemics.''.

2. Medical manufacturing in economically distressed zone credit. ``(B) Limitation on amount of wages taken into account.-- ``(i) In general.--The amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. 262), ``(II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). ``(6) Aggregation rules.-- ``(A) In general.--For purposes of this section, members of an affiliated group shall be treated as a single taxpayer. ``(b) Applicable Percentage.--For purposes of this section, the term applicable percentage means-- ``(1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), ``(2) 40 percent in the case of amounts paid or incurred to an unrelated minority business, and ``(3) 5 percent in the case of amounts paid or incurred to a related person. ``(d) Qualified Population Health Product Manufacturing Facility.-- For purposes of this section, the term `qualified population health product manufacturing facility' means any qualified medical manufacturing facility (as defined in section 1400AA-1) that produces a population health product (as defined in section 319L(a)(11) of the Public Health Service Act) which the Secretary of Health and Human Services has identified for support through a strategic initiative under section 319L(c)(4)(F)(ii) of the Public Health Service Act. ``(2) Requirements.--Such application shall include a strategic plan for accomplishing the purposes of this subchapter, which-- ``(A) describes the coordinated economic, human, community, and physical development plan and related activities proposed for the nominated area, ``(B) describes the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process, ``(C) identifies the amount of State, local, and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, medical centers, and other private and public entities, ``(D) identifies the funding requested under any Federal program in support of the proposed economic, human, community, and physical development and related activities, ``(E) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan, including the extent to which poor persons and families will be empowered to become economically self- sufficient, and ``(F) does not include any action to assist any establishment in relocating from one area outside the nominated area to the nominated area, except that assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary is permitted if-- ``(i) the establishment of the new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations, ``(ii) there is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operation, and ``(iii) includes such other information as may be required by the Secretary and the Secretary of Commerce. ``(c) Period for Which Designations Are in Effect.--Designation as an economically distressed zone may be made at any time during the 10- year period beginning on the date of the enactment of this section, and shall remain in effect with respect to such zone during the 15-year period beginning on the date of such designation. ``(d) Territories and Possessions.--The term `United States' includes the 50 States, the District of Columbia, and the territories and possessions of the United States. SEC. 3. 247d-7e(c)) is amended to read as follows: ``(6) At-risk individuals.--In carrying out the functions under this section, the Secretary may give a priority to advanced research and development of-- ``(A) qualified countermeasures and qualified pandemic or epidemic products likely to be safe and effective with respect to vulnerable American populations; and ``(B) population health products likely to protect vulnerable American populations with underlying non- communicable diseases from disproportionate harm in epidemics and pandemics.''.

2. Medical manufacturing in economically distressed zone credit. Special rules to secure the national supply chain and for the production of population health products. ``(B) Limitation on amount of wages taken into account.-- ``(i) In general.--The amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. ``(2) Allocable employee fringe benefit expenses.-- ``(A) In general.--The term `allocable employee fringe benefit expenses' means the aggregate amount allowable as a deduction under this chapter to the taxpayer for the taxable year for the following amounts which are allocable to employment in a qualified medical manufacturing facility and which are not included as economically distressed zone wages pursuant to this subsection: ``(i) Employer contributions under a stock bonus, pension, profit-sharing, or annuity plan. ``(iii) The cost of life or disability insurance provided to employees. ``(4) Qualified medical manufacturing facility property.-- The term `qualified medical manufacturing facility property' means any property used in (or consisting of) a qualified medical manufacturing facility if such property is directly connected to the research, development, or production of a medical product. 262), ``(II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)). ``(B) Essential component.--The term `essential component' means, with respect to a medical product-- ``(i) an active pharmaceutical ingredient, or ``(ii) a protein, antibody, enzyme, hormone, or other organic material that is an active ingredient in a biological product. ``(6) Aggregation rules.-- ``(A) In general.--For purposes of this section, members of an affiliated group shall be treated as a single taxpayer. ``(b) Applicable Percentage.--For purposes of this section, the term applicable percentage means-- ``(1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), ``(2) 40 percent in the case of amounts paid or incurred to an unrelated minority business, and ``(3) 5 percent in the case of amounts paid or incurred to a related person. ``(c) Eligible Medical Manufacturer.--For purposes of this section, the term `eligible medical manufacturer' means any person in the trade or business of producing medical products in the United States. ``(d) Qualified Population Health Product Manufacturing Facility.-- For purposes of this section, the term `qualified population health product manufacturing facility' means any qualified medical manufacturing facility (as defined in section 1400AA-1) that produces a population health product (as defined in section 319L(a)(11) of the Public Health Service Act) which the Secretary of Health and Human Services has identified for support through a strategic initiative under section 319L(c)(4)(F)(ii) of the Public Health Service Act. ``(2) Requirements.--Such application shall include a strategic plan for accomplishing the purposes of this subchapter, which-- ``(A) describes the coordinated economic, human, community, and physical development plan and related activities proposed for the nominated area, ``(B) describes the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process, ``(C) identifies the amount of State, local, and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, medical centers, and other private and public entities, ``(D) identifies the funding requested under any Federal program in support of the proposed economic, human, community, and physical development and related activities, ``(E) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan, including the extent to which poor persons and families will be empowered to become economically self- sufficient, and ``(F) does not include any action to assist any establishment in relocating from one area outside the nominated area to the nominated area, except that assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary is permitted if-- ``(i) the establishment of the new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations, ``(ii) there is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operation, and ``(iii) includes such other information as may be required by the Secretary and the Secretary of Commerce. ``(c) Period for Which Designations Are in Effect.--Designation as an economically distressed zone may be made at any time during the 10- year period beginning on the date of the enactment of this section, and shall remain in effect with respect to such zone during the 15-year period beginning on the date of such designation. ``(d) Territories and Possessions.--The term `United States' includes the 50 States, the District of Columbia, and the territories and possessions of the United States. SEC. 3. 247d-7e(c)) is amended to read as follows: ``(6) At-risk individuals.--In carrying out the functions under this section, the Secretary may give a priority to advanced research and development of-- ``(A) qualified countermeasures and qualified pandemic or epidemic products likely to be safe and effective with respect to vulnerable American populations; and ``(B) population health products likely to protect vulnerable American populations with underlying non- communicable diseases from disproportionate harm in epidemics and pandemics.''.

H.R.8452

Health

Reproductive Health Travel Fund Act of 2022 This bill authorizes the Department of Health and Human Services to award grants to pay for travel, childcare, and other expenses of an individual seeking access to abortion services. Eligible grant recipients must be nonprofit or community-based organizations that assist individuals seeking abortion services through programs that are unbiased and medically and factually accurate. The grants may not be used to pay for abortion procedures.

To amend the Public Health Service Act to authorize grants to eligible entities to pay for travel-related expenses and logistical support for individuals with respect to accessing abortion services, 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 ``Reproductive Health Travel Fund Act of 2022''. SEC. 2. FINDINGS. Congress finds as follows: (1) On June 24, 2022, in its decision in Dobbs v. Jackson Women's Health Organization, the Supreme Court overruled Roe v. Wade, reversing decades of precedent recognizing the constitutional right to terminate a pregnancy. (2) The abortion access landscape was already strained. This decision will decimate access for millions of people in the United States. Roughly half of States are predicted to ban or severely restrict abortion in the coming months. (3) The implications of this decision will fall hardest on people who already face barriers to health care access, particularly Black people, Indigenous people, and other people of color, people with disabilities, people in rural areas, young people, people with documentation barriers, and those having difficulty making ends meet. (4) People have always had abortions and always will, even in the face of legal, financial, and logistical barriers, or criminalization. While some will self-manage their abortions, and have the option of using pills that are medically safe and effective, many others are traveling hundreds of miles out of State, or forced to carry pregnancies to term. (5) Abortion funds and practical support funds are community-based organizations that support people in overcoming financial and logistical barriers to abortion care. (6) Funds work together to remove financial and logistical barriers to abortion access and have been doing this work for years. Some of these barriers are, but are not limited to, transportation, food, lodging, childcare, translation, and doula services. (7) Many funds are led by people who have had abortions themselves, including a growing base of Black and Brown leaders who have themselves faced abortion obstacles and understand the complex circumstances callers may face. (8) Abortion funds have a history of being underresourced and rely mostly on volunteer time and energy to support communities. (9) Abortion and practical support funds hold some of the closest ties to people who are having abortions and have the first-hand experience, up-to-date and on-the-ground knowledge, and the regional and national connections needed to support abortion seekers financially, emotionally, or logistically. (10) Clinics in States where abortion is legal and more accessible are receiving an influx of people seeking abortions. Provider shortages plus this rapid increase in patients will cause longer waits for appointments. (11) When people are not able to access an abortion when they need it, they are often pushed much further into pregnancy. This increases costs exponentially. For many, the increased financial burden will push abortion care completely out of reach. (12) A rapidly changing access landscape, as bans are implemented and challenged, means that the window to access care in certain States may be limited. People who are put in a position where they must postpone their care due to financial or other constraints may face appointment cancellations due to overnight changes in legality. (13) Funds often work with each other if they cannot fully assist a caller, or if a caller is traveling across regions. A national network of almost 100 abortion and practical support funds has demonstrated these funds are uniquely positioned to lead in this moment and need support. SEC. 3. GRANTS TO PAY FOR TRAVEL EXPENSES AND LOGISTICAL SUPPORT FOR INDIVIDUALS ACCESSING ABORTION SERVICES. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``Subpart XIII--Accessing Abortion Services ``SEC. 340J. GRANTS TO PAY FOR TRAVEL EXPENSES AND LOGISTICAL SUPPORT FOR INDIVIDUALS ACCESSING ABORTION SERVICES. ``(a) In General.--The Secretary may award grants to eligible entities to pay for travel-related expenses and logistical support for individuals with respect to accessing abortion services. ``(b) Timing.--Beginning not later than 30 days after the date of enactment of this section, the Secretary shall solicit applications for grants under this section. ``(c) Use of Funds.-- ``(1) Permissible uses.--An eligible entity receiving a grant under this section shall use the grant for travel-related expenses and logistical support for individuals with respect to accessing abortion services, which may include any of the following expenses and support: ``(A) Round trip travel to the location where the abortion services are provided. ``(B) Lodging. ``(C) Meals. ``(D) Childcare. ``(E) Translation services. ``(F) Doula care. ``(G) Patient education and information services. ``(2) Organizational costs.--An eligible entity receiving a grant under this section may use up to, but not more than, 15 percent of the grant funds to cover organizational costs such as-- ``(A) community outreach efforts; ``(B) physical infrastructure construction and maintenance; ``(C) website development and maintenance; and ``(D) increasing staff capacity and training. ``(3) Impermissible uses.--An eligible entity receiving a grant under this section shall not use the grant for costs of an abortion procedure. ``(d) Applications.--To seek a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. ``(e) Priority.--In selecting the recipients of grants under this section, the Secretary shall give priority to eligible entities that-- ``(1) serve people who live in a jurisdiction that has banned or severely restricted access to abortion; ``(2) serve people who travel to a jurisdiction other than the one where they live to be provided abortion services; or ``(3) have a program in operation, or submit as part of the application required under subsection (d) a plan to establish and operate a program, to help patients access abortion services. ``(f) Annual Reports to Congress.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the Congress a report on the program under this section. ``(2) Confidentiality.--The reports under paragraph (1) shall not include any individually identifiable information. ``(g) Definitions.--In this section: ``(1) The term `eligible entity'-- ``(A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and ``(B) excludes any entity that discourages individuals from seeking an abortion. ``(2) The term `nonprofit organization' means an organization that-- ``(A) is described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986; and ``(B) is, under subsection (a) of such section, exempt from taxation. ``(h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $300,000,000 for each of fiscal years 2023 through 2027.''. <all>

Reproductive Health Travel Fund Act of 2022

To amend the Public Health Service Act to authorize grants to eligible entities to pay for travel-related expenses and logistical support for individuals with respect to accessing abortion services, and for other purposes.

Reproductive Health Travel Fund Act of 2022

Rep. Strickland, Marilyn

D

WA

This bill authorizes the Department of Health and Human Services to award grants to pay for travel, childcare, and other expenses of an individual seeking access to abortion services. Eligible grant recipients must be nonprofit or community-based organizations that assist individuals seeking abortion services through programs that are unbiased and medically and factually accurate. The grants may not be used to pay for abortion procedures.

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 ``Reproductive Health Travel Fund Act of 2022''. 2. FINDINGS. Congress finds as follows: (1) On June 24, 2022, in its decision in Dobbs v. Jackson Women's Health Organization, the Supreme Court overruled Roe v. Wade, reversing decades of precedent recognizing the constitutional right to terminate a pregnancy. Roughly half of States are predicted to ban or severely restrict abortion in the coming months. (3) The implications of this decision will fall hardest on people who already face barriers to health care access, particularly Black people, Indigenous people, and other people of color, people with disabilities, people in rural areas, young people, people with documentation barriers, and those having difficulty making ends meet. Provider shortages plus this rapid increase in patients will cause longer waits for appointments. This increases costs exponentially. For many, the increased financial burden will push abortion care completely out of reach. (13) Funds often work with each other if they cannot fully assist a caller, or if a caller is traveling across regions. A national network of almost 100 abortion and practical support funds has demonstrated these funds are uniquely positioned to lead in this moment and need support. SEC. 254b et seq.) 340J. GRANTS TO PAY FOR TRAVEL EXPENSES AND LOGISTICAL SUPPORT FOR INDIVIDUALS ACCESSING ABORTION SERVICES. ``(b) Timing.--Beginning not later than 30 days after the date of enactment of this section, the Secretary shall solicit applications for grants under this section. ``(B) Lodging. ``(C) Meals. ``(D) Childcare. ``(E) Translation services. ``(F) Doula care. ``(G) Patient education and information services. ``(2) Organizational costs.--An eligible entity receiving a grant under this section may use up to, but not more than, 15 percent of the grant funds to cover organizational costs such as-- ``(A) community outreach efforts; ``(B) physical infrastructure construction and maintenance; ``(C) website development and maintenance; and ``(D) increasing staff capacity and training. ``(2) Confidentiality.--The reports under paragraph (1) shall not include any individually identifiable information. ``(g) Definitions.--In this section: ``(1) The term `eligible entity'-- ``(A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and ``(B) excludes any entity that discourages individuals from seeking an abortion. ``(h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $300,000,000 for each of fiscal years 2023 through 2027.''.

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 ``Reproductive Health Travel Fund Act of 2022''. 2. FINDINGS. Congress finds as follows: (1) On June 24, 2022, in its decision in Dobbs v. Jackson Women's Health Organization, the Supreme Court overruled Roe v. Wade, reversing decades of precedent recognizing the constitutional right to terminate a pregnancy. Roughly half of States are predicted to ban or severely restrict abortion in the coming months. (3) The implications of this decision will fall hardest on people who already face barriers to health care access, particularly Black people, Indigenous people, and other people of color, people with disabilities, people in rural areas, young people, people with documentation barriers, and those having difficulty making ends meet. This increases costs exponentially. For many, the increased financial burden will push abortion care completely out of reach. (13) Funds often work with each other if they cannot fully assist a caller, or if a caller is traveling across regions. A national network of almost 100 abortion and practical support funds has demonstrated these funds are uniquely positioned to lead in this moment and need support. SEC. 254b et seq.) 340J. GRANTS TO PAY FOR TRAVEL EXPENSES AND LOGISTICAL SUPPORT FOR INDIVIDUALS ACCESSING ABORTION SERVICES. ``(b) Timing.--Beginning not later than 30 days after the date of enactment of this section, the Secretary shall solicit applications for grants under this section. ``(B) Lodging. ``(C) Meals. ``(D) Childcare. ``(E) Translation services. ``(F) Doula care. ``(G) Patient education and information services. ``(g) Definitions.--In this section: ``(1) The term `eligible entity'-- ``(A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and ``(B) excludes any entity that discourages individuals from seeking an abortion. ``(h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $300,000,000 for each of fiscal years 2023 through 2027.''.

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 ``Reproductive Health Travel Fund Act of 2022''. 2. FINDINGS. Congress finds as follows: (1) On June 24, 2022, in its decision in Dobbs v. Jackson Women's Health Organization, the Supreme Court overruled Roe v. Wade, reversing decades of precedent recognizing the constitutional right to terminate a pregnancy. Roughly half of States are predicted to ban or severely restrict abortion in the coming months. (3) The implications of this decision will fall hardest on people who already face barriers to health care access, particularly Black people, Indigenous people, and other people of color, people with disabilities, people in rural areas, young people, people with documentation barriers, and those having difficulty making ends meet. (4) People have always had abortions and always will, even in the face of legal, financial, and logistical barriers, or criminalization. While some will self-manage their abortions, and have the option of using pills that are medically safe and effective, many others are traveling hundreds of miles out of State, or forced to carry pregnancies to term. (7) Many funds are led by people who have had abortions themselves, including a growing base of Black and Brown leaders who have themselves faced abortion obstacles and understand the complex circumstances callers may face. (8) Abortion funds have a history of being underresourced and rely mostly on volunteer time and energy to support communities. (9) Abortion and practical support funds hold some of the closest ties to people who are having abortions and have the first-hand experience, up-to-date and on-the-ground knowledge, and the regional and national connections needed to support abortion seekers financially, emotionally, or logistically. Provider shortages plus this rapid increase in patients will cause longer waits for appointments. This increases costs exponentially. For many, the increased financial burden will push abortion care completely out of reach. (12) A rapidly changing access landscape, as bans are implemented and challenged, means that the window to access care in certain States may be limited. People who are put in a position where they must postpone their care due to financial or other constraints may face appointment cancellations due to overnight changes in legality. (13) Funds often work with each other if they cannot fully assist a caller, or if a caller is traveling across regions. A national network of almost 100 abortion and practical support funds has demonstrated these funds are uniquely positioned to lead in this moment and need support. SEC. 254b et seq.) is amended by adding at the end the following: ``Subpart XIII--Accessing Abortion Services ``SEC. 340J. GRANTS TO PAY FOR TRAVEL EXPENSES AND LOGISTICAL SUPPORT FOR INDIVIDUALS ACCESSING ABORTION SERVICES. ``(b) Timing.--Beginning not later than 30 days after the date of enactment of this section, the Secretary shall solicit applications for grants under this section. ``(B) Lodging. ``(C) Meals. ``(D) Childcare. ``(E) Translation services. ``(F) Doula care. ``(G) Patient education and information services. ``(2) Organizational costs.--An eligible entity receiving a grant under this section may use up to, but not more than, 15 percent of the grant funds to cover organizational costs such as-- ``(A) community outreach efforts; ``(B) physical infrastructure construction and maintenance; ``(C) website development and maintenance; and ``(D) increasing staff capacity and training. ``(e) Priority.--In selecting the recipients of grants under this section, the Secretary shall give priority to eligible entities that-- ``(1) serve people who live in a jurisdiction that has banned or severely restricted access to abortion; ``(2) serve people who travel to a jurisdiction other than the one where they live to be provided abortion services; or ``(3) have a program in operation, or submit as part of the application required under subsection (d) a plan to establish and operate a program, to help patients access abortion services. ``(2) Confidentiality.--The reports under paragraph (1) shall not include any individually identifiable information. ``(g) Definitions.--In this section: ``(1) The term `eligible entity'-- ``(A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and ``(B) excludes any entity that discourages individuals from seeking an abortion. ``(h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $300,000,000 for each of fiscal years 2023 through 2027.''.

To amend the Public Health Service Act to authorize grants to eligible entities to pay for travel-related expenses and logistical support for individuals with respect to accessing abortion services, 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 ``Reproductive Health Travel Fund Act of 2022''. 2. FINDINGS. Congress finds as follows: (1) On June 24, 2022, in its decision in Dobbs v. Jackson Women's Health Organization, the Supreme Court overruled Roe v. Wade, reversing decades of precedent recognizing the constitutional right to terminate a pregnancy. This decision will decimate access for millions of people in the United States. Roughly half of States are predicted to ban or severely restrict abortion in the coming months. (3) The implications of this decision will fall hardest on people who already face barriers to health care access, particularly Black people, Indigenous people, and other people of color, people with disabilities, people in rural areas, young people, people with documentation barriers, and those having difficulty making ends meet. (4) People have always had abortions and always will, even in the face of legal, financial, and logistical barriers, or criminalization. While some will self-manage their abortions, and have the option of using pills that are medically safe and effective, many others are traveling hundreds of miles out of State, or forced to carry pregnancies to term. (7) Many funds are led by people who have had abortions themselves, including a growing base of Black and Brown leaders who have themselves faced abortion obstacles and understand the complex circumstances callers may face. (8) Abortion funds have a history of being underresourced and rely mostly on volunteer time and energy to support communities. (9) Abortion and practical support funds hold some of the closest ties to people who are having abortions and have the first-hand experience, up-to-date and on-the-ground knowledge, and the regional and national connections needed to support abortion seekers financially, emotionally, or logistically. (10) Clinics in States where abortion is legal and more accessible are receiving an influx of people seeking abortions. Provider shortages plus this rapid increase in patients will cause longer waits for appointments. (11) When people are not able to access an abortion when they need it, they are often pushed much further into pregnancy. This increases costs exponentially. For many, the increased financial burden will push abortion care completely out of reach. (12) A rapidly changing access landscape, as bans are implemented and challenged, means that the window to access care in certain States may be limited. People who are put in a position where they must postpone their care due to financial or other constraints may face appointment cancellations due to overnight changes in legality. (13) Funds often work with each other if they cannot fully assist a caller, or if a caller is traveling across regions. A national network of almost 100 abortion and practical support funds has demonstrated these funds are uniquely positioned to lead in this moment and need support. SEC. Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``Subpart XIII--Accessing Abortion Services ``SEC. 340J. GRANTS TO PAY FOR TRAVEL EXPENSES AND LOGISTICAL SUPPORT FOR INDIVIDUALS ACCESSING ABORTION SERVICES. ``(b) Timing.--Beginning not later than 30 days after the date of enactment of this section, the Secretary shall solicit applications for grants under this section. ``(B) Lodging. ``(C) Meals. ``(D) Childcare. ``(E) Translation services. ``(F) Doula care. ``(G) Patient education and information services. ``(2) Organizational costs.--An eligible entity receiving a grant under this section may use up to, but not more than, 15 percent of the grant funds to cover organizational costs such as-- ``(A) community outreach efforts; ``(B) physical infrastructure construction and maintenance; ``(C) website development and maintenance; and ``(D) increasing staff capacity and training. ``(3) Impermissible uses.--An eligible entity receiving a grant under this section shall not use the grant for costs of an abortion procedure. ``(d) Applications.--To seek a grant under this section, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. ``(e) Priority.--In selecting the recipients of grants under this section, the Secretary shall give priority to eligible entities that-- ``(1) serve people who live in a jurisdiction that has banned or severely restricted access to abortion; ``(2) serve people who travel to a jurisdiction other than the one where they live to be provided abortion services; or ``(3) have a program in operation, or submit as part of the application required under subsection (d) a plan to establish and operate a program, to help patients access abortion services. ``(f) Annual Reports to Congress.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary shall submit to the Congress a report on the program under this section. ``(2) Confidentiality.--The reports under paragraph (1) shall not include any individually identifiable information. ``(g) Definitions.--In this section: ``(1) The term `eligible entity'-- ``(A) means a nonprofit organization, or a community-based organization, that assists individuals seeking an abortion through programs, services, or activities that are unbiased and medically and factually accurate; and ``(B) excludes any entity that discourages individuals from seeking an abortion. ``(2) The term `nonprofit organization' means an organization that-- ``(A) is described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986; and ``(B) is, under subsection (a) of such section, exempt from taxation. ``(h) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $300,000,000 for each of fiscal years 2023 through 2027.''.

H.R.8776

Health

No Federal Funds for Abortion Travel Expenses Act of 2022 This bill prohibits the use of federal funds to support interstate travel to obtain an abortion.

To prohibit the use of Federal funds for abortion through financial or logistical support to individuals traveling to another State or country to receive an abortion. 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 ``No Federal Funds for Abortion Travel Expenses Act of 2022''. SEC. 2. NO FEDERAL FUNDS FOR ABORTION TRAVEL. (a) In General.--No Federal funds may be used for abortion through financial or logistical support for travel to another State for an abortion. (b) Rule of Construction.--Nothing in this section shall be construed to affect the limits on funding for abortion through financial or logistical support for travel to another State or country to receive an abortion in effect under the Hyde Amendment or any other provision of Federal law. (c) Definitions.--In this section: (1) The term ``abortion'' means the use or provision of any instrument, medicine, drug, or any other substance or device-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) after viability to produce a live birth that, if premature, is medically indicated, and to preserve the life and health of the child born alive; (ii) to treat an ectopic pregnancy; or (iii) to remove a dead unborn child. (2) The term ``Hyde Amendment'' means sections 506 and 507 of division H of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and any successor provisions in any appropriations Act for a fiscal year after fiscal year 2022. <all>

No Federal Funds for Abortion Travel Expenses Act of 2022

To prohibit the use of Federal funds for abortion through financial or logistical support to individuals traveling to another State or country to receive an abortion.

No Federal Funds for Abortion Travel Expenses Act of 2022

Rep. Norman, Ralph

R

SC

This bill prohibits the use of federal funds to support interstate travel to obtain an abortion.

To prohibit the use of Federal funds for abortion through financial or logistical support to individuals traveling to another State or country to receive an abortion. 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 ``No Federal Funds for Abortion Travel Expenses Act of 2022''. SEC. 2. NO FEDERAL FUNDS FOR ABORTION TRAVEL. (a) In General.--No Federal funds may be used for abortion through financial or logistical support for travel to another State for an abortion. (b) Rule of Construction.--Nothing in this section shall be construed to affect the limits on funding for abortion through financial or logistical support for travel to another State or country to receive an abortion in effect under the Hyde Amendment or any other provision of Federal law. (c) Definitions.--In this section: (1) The term ``abortion'' means the use or provision of any instrument, medicine, drug, or any other substance or device-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) after viability to produce a live birth that, if premature, is medically indicated, and to preserve the life and health of the child born alive; (ii) to treat an ectopic pregnancy; or (iii) to remove a dead unborn child. (2) The term ``Hyde Amendment'' means sections 506 and 507 of division H of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and any successor provisions in any appropriations Act for a fiscal year after fiscal year 2022. <all>

To prohibit the use of Federal funds for abortion through financial or logistical support to individuals traveling to another State or country to receive an abortion. 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 ``No Federal Funds for Abortion Travel Expenses Act of 2022''. SEC. 2. NO FEDERAL FUNDS FOR ABORTION TRAVEL. (a) In General.--No Federal funds may be used for abortion through financial or logistical support for travel to another State for an abortion. (b) Rule of Construction.--Nothing in this section shall be construed to affect the limits on funding for abortion through financial or logistical support for travel to another State or country to receive an abortion in effect under the Hyde Amendment or any other provision of Federal law. (c) Definitions.--In this section: (1) The term ``abortion'' means the use or provision of any instrument, medicine, drug, or any other substance or device-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) after viability to produce a live birth that, if premature, is medically indicated, and to preserve the life and health of the child born alive; (ii) to treat an ectopic pregnancy; or (iii) to remove a dead unborn child. (2) The term ``Hyde Amendment'' means sections 506 and 507 of division H of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and any successor provisions in any appropriations Act for a fiscal year after fiscal year 2022. <all>

To prohibit the use of Federal funds for abortion through financial or logistical support to individuals traveling to another State or country to receive an abortion. 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 ``No Federal Funds for Abortion Travel Expenses Act of 2022''. SEC. 2. NO FEDERAL FUNDS FOR ABORTION TRAVEL. (a) In General.--No Federal funds may be used for abortion through financial or logistical support for travel to another State for an abortion. (b) Rule of Construction.--Nothing in this section shall be construed to affect the limits on funding for abortion through financial or logistical support for travel to another State or country to receive an abortion in effect under the Hyde Amendment or any other provision of Federal law. (c) Definitions.--In this section: (1) The term ``abortion'' means the use or provision of any instrument, medicine, drug, or any other substance or device-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) after viability to produce a live birth that, if premature, is medically indicated, and to preserve the life and health of the child born alive; (ii) to treat an ectopic pregnancy; or (iii) to remove a dead unborn child. (2) The term ``Hyde Amendment'' means sections 506 and 507 of division H of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and any successor provisions in any appropriations Act for a fiscal year after fiscal year 2022. <all>

To prohibit the use of Federal funds for abortion through financial or logistical support to individuals traveling to another State or country to receive an abortion. 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 ``No Federal Funds for Abortion Travel Expenses Act of 2022''. SEC. 2. NO FEDERAL FUNDS FOR ABORTION TRAVEL. (a) In General.--No Federal funds may be used for abortion through financial or logistical support for travel to another State for an abortion. (b) Rule of Construction.--Nothing in this section shall be construed to affect the limits on funding for abortion through financial or logistical support for travel to another State or country to receive an abortion in effect under the Hyde Amendment or any other provision of Federal law. (c) Definitions.--In this section: (1) The term ``abortion'' means the use or provision of any instrument, medicine, drug, or any other substance or device-- (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- (i) after viability to produce a live birth that, if premature, is medically indicated, and to preserve the life and health of the child born alive; (ii) to treat an ectopic pregnancy; or (iii) to remove a dead unborn child. (2) The term ``Hyde Amendment'' means sections 506 and 507 of division H of the Consolidated Appropriations Act, 2022 (Public Law 117-103) and any successor provisions in any appropriations Act for a fiscal year after fiscal year 2022. <all>

H.R.2559

Transportation and Public Works

Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021 This bill expands requirements for foreign manufacturers of cylinders used for transporting hazardous materials in the United States (e.g., compressed gas cylinders). Current regulations require foreign manufacturers to apply for authorization from the Pipeline and Hazardous Materials Safety Administration for testing such cylinders outside of the United States. This bill requires that, to obtain an authorization, manufacturers must meet minimum levels of financial responsibility and answer in their applications specified questions, including whether the manufacturer is or has been subject to various civil or criminal penalties. The administration must publish each application in the Federal Register for public comment and must also annually publish a list of authorized manufacturers online. The bill limits an authorization to one year; however, the administration may extend an authorization for five years if the manufacturer (1) complies with applicable requirements for at least three years; and (2) meets conditions regarding the accuracy of its application, sufficiency of its financial responsibility, and other matters. The administration may suspend or terminate an authorization if a manufacturer impedes an inspection or knowingly or intentionally provides inaccurate application information. The administration must also establish a process whereby an interested party may petition for a reevaluation of an authorization if that party has evidence of inaccurate or fraudulent information in the manufacturer's application.

To require the Secretary of Transportation to issue regulations relating to the authorization of foreign manufacturers of cylinders, 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 ``Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Foreign manufacturer of cylinders; fmoc.--The terms ``foreign manufacturer of cylinders'' and ``FMOC'' mean an entity that manufactures cylinders outside of the United States intended to be represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce in the United States. (2) In good standing.--The term ``in good standing'' means an FMOC that-- (A) is has been authorized by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations; and (B) has demonstrated 3 years of compliance with section 107 of title 49, United States Code, and chapter 51 of title 49, United States Code. (3) Cylinder.--The term ``cylinder'' means any cylinder specified under sections 178.36 through 178.68 of title 49, Code of Federal Regulations. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. AUTHORIZATION OF FOREIGN MANUFACTURER OF CYLINDERS. (a) In General.--The Secretary shall issue regulations to provide that an authorization provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations, or any similar successor regulation, shall be for a period of not longer than 1 year, except as provided for in subsection (b). (b) 5-Year Authorization.--The Secretary may approve a 5-year authorization of an FMOC pursuant to such section if the following requirements are met: (1) The FMOC attests that none of the cylinders made by such manufacturer are prohibited from entry to the United States under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). (2) The FMOC certifies that-- (A) the information provided pursuant to section 7 is accurate; and (B) the FMOC has a proactive responsibility to inform the Secretary if any such information materially changes. (3) The FMOC provides proof of the minimum financial responsibility required under section 4. (4) The Secretary determines the FMOC is in good standing. (c) Facility Inspections.-- (1) Penalties.--The Secretary may suspend or terminate an authorization of an FMOC described in this Act if such FMOC obstructs or prevents the Secretary from carrying out an inspection under section 107.807(c) of title 49, Code of Federal Regulations. (2) Definition of obstructs.--For the purposes of this subsection, the term ``obstructs'' means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection. (d) Interaction With Other Statutes, Agreements, Regulations.-- Nothing in this section may be construed to prevent the harmonization of cylinder standards otherwise authorized by law or regulation. (e) Other Cause for Suspension or Termination.--The Secretary may suspend or terminate an authorization of an FMOC described in this Act upon determination that the FMOC knowingly or intentionally misrepresented responses to the Secretary required by law or regulation or the requirements of sections 4 and 7. SEC. 4. PROOF OF MINIMUM FINANCIAL RESPONSIBILITY REQUIRED AT TIME OF APPLICATION. Not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to establish minimum levels of financial responsibility required for entities to receive approval pursuant to section 107.807 of title 49, Code of Federal Regulations. SEC. 5. REEVALUATION BY REQUEST FOR RELATED VIOLATIONS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as necessary to establish a process for any interested party to request a reevaluation of the authorization of FMOC cylinders under section 107.807 of title 49, Code of Federal Regulations, to review the accuracy and safety of the actions of such manufacturer. (b) Petition for Reevaluation.--Such regulations shall allow an interested party to file a petition if such party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under section 3 or 7. SEC. 6. NOTICE AND COMMENT FOR APPLICATIONS BY FOREIGN MANUFACTURERS OF CYLINDERS. Upon receipt of an application for approval under section 107.807 of title 49, Code of Federal Regulations, or any similar successor regulation, the Secretary shall timely publish notification of such application in the Federal Register and provide 30 days for public comment on such application prior to approval. SEC. 7. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND COMPLIANCE WITH DOT PROCESS. (a) Additional Questions.--The Secretary shall require as part of an application for approval pursuant to section 107.807 of title 49, Code of Federal Regulations, or any similar successor regulation, that the applicant answer the following questions: (1) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, has ever been subject to a civil monetary penalty under title 49, United States Code, relating to any actions carried out as an authorized FMOC or during the application for authorization under such section. (2) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, has been delinquent in the payment of any civil monetary penalties or other fines or fees under title 49, United States Code. (3) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is subject to the Do Not Pay Initiative established under section 3354 of title 31, United States Code, as of the date of application. (4) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is listed in the Military End User List of the Department of Commerce as of the date of application. (5) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is identified by the Department of Defense as an entity listed under section 1237 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note) as of the date of application. (6) Does the FMOC applying certify that the FMOC has the requisite minimum financial responsibility as required in section 4, and that such financial responsibility will continue throughout entirety of the requested authorization period. (7) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 John S. McCain National Defense Authorization Act for Fiscal Year 2019 section (50 U.S.C. 4819). (8) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is currently subject to a final antidumping or countervailing duty order from the Department of Commerce as of the date of application. (b) Denial of Application.--The Secretary may deny an application for approval under section 107.807 of title 49, Code of Federal Regulations, based on the responses to the questions required under subsection (a). SEC. 8. FOREIGN MANUFACTURERS LISTING APPROVALS. Not less than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall publish and maintain on the website of the Department of Transportation, a list of authorized FMOCs and the duration of such authorization. SEC. 9. AUTHORIZING FOREIGN INSPECTIONS. Not less than 180 days after the date of enactment of this Act, the Secretary shall update section 107.807(d) of title 49, Code of Federal Regulations, to-- (1) require that in any case in which the Associate Administrator determines there is good cause, an inspection under such section shall be carried out annually for such duration as the Associated Administrator determines appropriate; (2) specify that a refusal of inspection under such section shall result in a loss of a status of in good standing; (3) allow the Associate Administrator to request at the discretion of the Administrator, production of test and production records and random sample testing; and (4) allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary. <all>

Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021

To require the Secretary of Transportation to issue regulations relating to the authorization of foreign manufacturers of cylinders, and for other purposes.

Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021

Rep. Balderson, Troy

R

OH

This bill expands requirements for foreign manufacturers of cylinders used for transporting hazardous materials in the United States (e.g., compressed gas cylinders). Current regulations require foreign manufacturers to apply for authorization from the Pipeline and Hazardous Materials Safety Administration for testing such cylinders outside of the United States. This bill requires that, to obtain an authorization, manufacturers must meet minimum levels of financial responsibility and answer in their applications specified questions, including whether the manufacturer is or has been subject to various civil or criminal penalties. The administration must publish each application in the Federal Register for public comment and must also annually publish a list of authorized manufacturers online. The bill limits an authorization to one year; however, the administration may extend an authorization for five years if the manufacturer (1) complies with applicable requirements for at least three years; and (2) meets conditions regarding the accuracy of its application, sufficiency of its financial responsibility, and other matters. The administration may suspend or terminate an authorization if a manufacturer impedes an inspection or knowingly or intentionally provides inaccurate application information. The administration must also establish a process whereby an interested party may petition for a reevaluation of an authorization if that party has evidence of inaccurate or fraudulent information in the manufacturer's application.

This Act may be cited as the ``Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021''. DEFINITIONS. (2) In good standing.--The term ``in good standing'' means an FMOC that-- (A) is has been authorized by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations; and (B) has demonstrated 3 years of compliance with section 107 of title 49, United States Code, and chapter 51 of title 49, United States Code. AUTHORIZATION OF FOREIGN MANUFACTURER OF CYLINDERS. (a) In General.--The Secretary shall issue regulations to provide that an authorization provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations, or any similar successor regulation, shall be for a period of not longer than 1 year, except as provided for in subsection (b). 1307). (4) The Secretary determines the FMOC is in good standing. (2) Definition of obstructs.--For the purposes of this subsection, the term ``obstructs'' means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection. PROOF OF MINIMUM FINANCIAL RESPONSIBILITY REQUIRED AT TIME OF APPLICATION. 5. REEVALUATION BY REQUEST FOR RELATED VIOLATIONS. (b) Petition for Reevaluation.--Such regulations shall allow an interested party to file a petition if such party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under section 3 or 7. 6. 7. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND COMPLIANCE WITH DOT PROCESS. (4) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is listed in the Military End User List of the Department of Commerce as of the date of application. 1701 note) as of the date of application. (7) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 John S. McCain National Defense Authorization Act for Fiscal Year 2019 section (50 U.S.C. 4819). 8. FOREIGN MANUFACTURERS LISTING APPROVALS. SEC. 9. AUTHORIZING FOREIGN INSPECTIONS. Not less than 180 days after the date of enactment of this Act, the Secretary shall update section 107.807(d) of title 49, Code of Federal Regulations, to-- (1) require that in any case in which the Associate Administrator determines there is good cause, an inspection under such section shall be carried out annually for such duration as the Associated Administrator determines appropriate; (2) specify that a refusal of inspection under such section shall result in a loss of a status of in good standing; (3) allow the Associate Administrator to request at the discretion of the Administrator, production of test and production records and random sample testing; and (4) allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary.

This Act may be cited as the ``Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021''. DEFINITIONS. (2) In good standing.--The term ``in good standing'' means an FMOC that-- (A) is has been authorized by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations; and (B) has demonstrated 3 years of compliance with section 107 of title 49, United States Code, and chapter 51 of title 49, United States Code. AUTHORIZATION OF FOREIGN MANUFACTURER OF CYLINDERS. (a) In General.--The Secretary shall issue regulations to provide that an authorization provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations, or any similar successor regulation, shall be for a period of not longer than 1 year, except as provided for in subsection (b). (4) The Secretary determines the FMOC is in good standing. (2) Definition of obstructs.--For the purposes of this subsection, the term ``obstructs'' means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection. PROOF OF MINIMUM FINANCIAL RESPONSIBILITY REQUIRED AT TIME OF APPLICATION. 5. REEVALUATION BY REQUEST FOR RELATED VIOLATIONS. (b) Petition for Reevaluation.--Such regulations shall allow an interested party to file a petition if such party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under section 3 or 7. 6. 7. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND COMPLIANCE WITH DOT PROCESS. (4) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is listed in the Military End User List of the Department of Commerce as of the date of application. 1701 note) as of the date of application. (7) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 John S. McCain National Defense Authorization Act for Fiscal Year 2019 section (50 U.S.C. 8. FOREIGN MANUFACTURERS LISTING APPROVALS. SEC. AUTHORIZING FOREIGN INSPECTIONS.

To require the Secretary of Transportation to issue regulations relating to the authorization of foreign manufacturers of cylinders, 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 ``Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021''. DEFINITIONS. In this Act, the following definitions apply: (1) Foreign manufacturer of cylinders; fmoc.--The terms ``foreign manufacturer of cylinders'' and ``FMOC'' mean an entity that manufactures cylinders outside of the United States intended to be represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce in the United States. (2) In good standing.--The term ``in good standing'' means an FMOC that-- (A) is has been authorized by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations; and (B) has demonstrated 3 years of compliance with section 107 of title 49, United States Code, and chapter 51 of title 49, United States Code. AUTHORIZATION OF FOREIGN MANUFACTURER OF CYLINDERS. (a) In General.--The Secretary shall issue regulations to provide that an authorization provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations, or any similar successor regulation, shall be for a period of not longer than 1 year, except as provided for in subsection (b). 1307). (2) The FMOC certifies that-- (A) the information provided pursuant to section 7 is accurate; and (B) the FMOC has a proactive responsibility to inform the Secretary if any such information materially changes. (4) The Secretary determines the FMOC is in good standing. (2) Definition of obstructs.--For the purposes of this subsection, the term ``obstructs'' means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection. (d) Interaction With Other Statutes, Agreements, Regulations.-- Nothing in this section may be construed to prevent the harmonization of cylinder standards otherwise authorized by law or regulation. (e) Other Cause for Suspension or Termination.--The Secretary may suspend or terminate an authorization of an FMOC described in this Act upon determination that the FMOC knowingly or intentionally misrepresented responses to the Secretary required by law or regulation or the requirements of sections 4 and 7. PROOF OF MINIMUM FINANCIAL RESPONSIBILITY REQUIRED AT TIME OF APPLICATION. 5. REEVALUATION BY REQUEST FOR RELATED VIOLATIONS. (b) Petition for Reevaluation.--Such regulations shall allow an interested party to file a petition if such party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under section 3 or 7. 6. NOTICE AND COMMENT FOR APPLICATIONS BY FOREIGN MANUFACTURERS OF CYLINDERS. 7. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND COMPLIANCE WITH DOT PROCESS. (4) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is listed in the Military End User List of the Department of Commerce as of the date of application. 1701 note) as of the date of application. (7) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 John S. McCain National Defense Authorization Act for Fiscal Year 2019 section (50 U.S.C. 4819). (8) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is currently subject to a final antidumping or countervailing duty order from the Department of Commerce as of the date of application. 8. FOREIGN MANUFACTURERS LISTING APPROVALS. SEC. 9. AUTHORIZING FOREIGN INSPECTIONS. Not less than 180 days after the date of enactment of this Act, the Secretary shall update section 107.807(d) of title 49, Code of Federal Regulations, to-- (1) require that in any case in which the Associate Administrator determines there is good cause, an inspection under such section shall be carried out annually for such duration as the Associated Administrator determines appropriate; (2) specify that a refusal of inspection under such section shall result in a loss of a status of in good standing; (3) allow the Associate Administrator to request at the discretion of the Administrator, production of test and production records and random sample testing; and (4) allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary.

To require the Secretary of Transportation to issue regulations relating to the authorization of foreign manufacturers of cylinders, 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 ``Compressed Gas Cylinder Safety and Oversight Improvements Act of 2021''. DEFINITIONS. In this Act, the following definitions apply: (1) Foreign manufacturer of cylinders; fmoc.--The terms ``foreign manufacturer of cylinders'' and ``FMOC'' mean an entity that manufactures cylinders outside of the United States intended to be represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce in the United States. (2) In good standing.--The term ``in good standing'' means an FMOC that-- (A) is has been authorized by the Secretary pursuant to section 107.807 of title 49, Code of Federal Regulations; and (B) has demonstrated 3 years of compliance with section 107 of title 49, United States Code, and chapter 51 of title 49, United States Code. (3) Cylinder.--The term ``cylinder'' means any cylinder specified under sections 178.36 through 178.68 of title 49, Code of Federal Regulations. AUTHORIZATION OF FOREIGN MANUFACTURER OF CYLINDERS. (a) In General.--The Secretary shall issue regulations to provide that an authorization provided to an FMOC pursuant to section 107.807 of title 49, Code of Federal Regulations, or any similar successor regulation, shall be for a period of not longer than 1 year, except as provided for in subsection (b). (b) 5-Year Authorization.--The Secretary may approve a 5-year authorization of an FMOC pursuant to such section if the following requirements are met: (1) The FMOC attests that none of the cylinders made by such manufacturer are prohibited from entry to the United States under section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). (2) The FMOC certifies that-- (A) the information provided pursuant to section 7 is accurate; and (B) the FMOC has a proactive responsibility to inform the Secretary if any such information materially changes. (4) The Secretary determines the FMOC is in good standing. (2) Definition of obstructs.--For the purposes of this subsection, the term ``obstructs'' means taking actions that are known, or reasonably should be known, to prevent, hinder, or impede an inspection. (d) Interaction With Other Statutes, Agreements, Regulations.-- Nothing in this section may be construed to prevent the harmonization of cylinder standards otherwise authorized by law or regulation. (e) Other Cause for Suspension or Termination.--The Secretary may suspend or terminate an authorization of an FMOC described in this Act upon determination that the FMOC knowingly or intentionally misrepresented responses to the Secretary required by law or regulation or the requirements of sections 4 and 7. PROOF OF MINIMUM FINANCIAL RESPONSIBILITY REQUIRED AT TIME OF APPLICATION. Not later than 180 days after the date of enactment of this Act, the Secretary shall issue such regulations as are necessary to establish minimum levels of financial responsibility required for entities to receive approval pursuant to section 107.807 of title 49, Code of Federal Regulations. 5. REEVALUATION BY REQUEST FOR RELATED VIOLATIONS. (b) Petition for Reevaluation.--Such regulations shall allow an interested party to file a petition if such party has evidence of inaccurate, changed, or fraudulent attestations or responses made by an FMOC to the Secretary under section 3 or 7. 6. NOTICE AND COMMENT FOR APPLICATIONS BY FOREIGN MANUFACTURERS OF CYLINDERS. 7. ADDITIONAL QUESTIONS TO ENSURE SAFETY AND COMPLIANCE WITH DOT PROCESS. (2) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, has been delinquent in the payment of any civil monetary penalties or other fines or fees under title 49, United States Code. (4) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is listed in the Military End User List of the Department of Commerce as of the date of application. 1701 note) as of the date of application. (6) Does the FMOC applying certify that the FMOC has the requisite minimum financial responsibility as required in section 4, and that such financial responsibility will continue throughout entirety of the requested authorization period. (7) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, has been found guilty of a criminal penalty or assessed a civil penalty under section 1760 John S. McCain National Defense Authorization Act for Fiscal Year 2019 section (50 U.S.C. 4819). (8) Whether the FMOC applying, or any entity controlling more than 10 percent of such FMOC, is currently subject to a final antidumping or countervailing duty order from the Department of Commerce as of the date of application. 8. FOREIGN MANUFACTURERS LISTING APPROVALS. Not less than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall publish and maintain on the website of the Department of Transportation, a list of authorized FMOCs and the duration of such authorization. SEC. 9. AUTHORIZING FOREIGN INSPECTIONS. Not less than 180 days after the date of enactment of this Act, the Secretary shall update section 107.807(d) of title 49, Code of Federal Regulations, to-- (1) require that in any case in which the Associate Administrator determines there is good cause, an inspection under such section shall be carried out annually for such duration as the Associated Administrator determines appropriate; (2) specify that a refusal of inspection under such section shall result in a loss of a status of in good standing; (3) allow the Associate Administrator to request at the discretion of the Administrator, production of test and production records and random sample testing; and (4) allow for the recovery of all associated costs of foreign inspections to include travel, time, and other costs, as determined by the Secretary.

H.R.7502

Taxation

Babies over Billionaires Act of 2022 This bill sets forth a special tax rule that requires the realization (i.e., deemed sold) at the end of the taxable year of the gains and losses of the publicly traded and private securities of taxpayers whose net worth exceeds $100 million. It limits the tax liability of such taxpayers to 35% of the amount by which their net worth exceeds $100 million at the end of the taxable year. The Internal Revenue Service must annually audit taxpayers whose net worth exceeds $100 million in the current taxable year and any of the 3 preceding taxable years and impose a penalty of 20% of understatements of tax (40% if understatements are due to failure to report an asset). The bill establishes the Family Investment Trust Fund to hold tax revenues generated by this bill for programs to support family well-being and the development of children.

To amend the Internal Revenue Code of 1986 to adopt mark-to-market income tax rules for taxpayers with net worth above a specified threshold, 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 ``Babies over Billionaires Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Billionaires have disproportionately benefitted from financial gains during the pandemic as their collective net worth grew by $1.7 trillion since the beginning of the pandemic as employment for low-wage workers fell by 36.7 percent at the trough of the pandemic in April 2020. (2) The 25 wealthiest billionaires in America made $401 billion from 2014 to 2018 and paid an effective tax rate of 3.4 percent. (3) The wealthiest 400 households in America paid an average effective tax rate of just 8.2 percent between 2010 and 2018. (4) A gradual tax on the unrealized capital gains of billionaires from tradable and non-tradable assets could raise more than $1 trillion over 10 years. (5) Investing revenue from such a tax in children at birth, particularly in the first 1000 days of life, would support children's healthy physical development, brain development, social-emotional health, and long-term well-being. SEC. 3. DEEMED REALIZATION MARK-TO-MARKET RULES. (a) Imposition of Tax.--Part I of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 1001 the following new section: ``SEC. 1002. DEEMED REALIZATION MARK-TO-MARKET RULES. ``(a) Annual Realization of Gains and Losses in Publicly Traded Assets.--Except as provided in subsection (c), for the purposes of section 1, 30 percent by value of the publicly traded securities of each covered taxpayer are deemed sold on the last day of each taxable year. ``(b) Realization of Gains and Losses on All Assets.--Except as provided in subsection (c), in the first taxable year in which a taxpayer has tax liability resulting from the operation of subsection (a) and every 5 taxable years thereafter (excluding any taxable year in which such taxpayer is not a covered taxpayer), for the purposes of section 1, 50 percent by value of such taxpayer's assets that is not a publicly traded security is deemed sold on the last day of such taxable year. ``(c) Phase-In Cap.--The amount of tax liability with respect to a taxpayer in a taxable year resulting from the operation of subsections (a) and (b) (determined without regard to this subsection) may not exceed 35 percent of the amount by which the taxpayer's net worth exceeds the exemption amount on the last day of such taxable year. ``(d) Net Losses.--Net losses shall not be recognized as a result of this subsection except to the extent that net gains were recognized by the taxpayer as a result of this subsection in any prior year. Any taxpayer who recognized net gains in any prior year as a result of this subsection may elect to have this subsection apply in the current year even if that taxpayer does not currently have net assets in excess of the exemption amount. ``(e) Covered Taxpayer Defined.--For the purposes of this section, the term `covered taxpayer' means, with respect to a taxable year, a taxpayer whose net worth exceeds the exemption amount on the last day of such taxable year. ``(f) Deemed Long-Term Capital Gains or Losses.--For purposes of determining the character of any gain or loss with respect to any piece of property deemed sold under this section, such property shall be treated as a capital asset held for more than 1 year. ``(g) Adjusted Basis.-- ``(1) In general.--The Secretary shall adjust the taxpayer's basis in an asset deemed sold under subsection (a) or (b) as the Secretary determines appropriate to reflect the amount of gain or loss that resulted from the operation of such subsection. ``(2) Cost recovery.--Adjustments to a taxpayer's basis in an asset made under paragraph (1) shall not be included in such taxpayer's basis in such asset for the purposes of sections 167(c), 168, 179, or 197. ``(h) Payment Schedule.-- ``(1) In general.--A taxpayer may elect to pay a tax liability, increased by the deferral charge determined in paragraph (2), resulting from the operation of subsection (b) in 5 equal, annual installments beginning in the taxable year in which this section takes effect. ``(2) Deferral charge.--The deferral charge determined in this paragraph is equal to the amount that the Secretary determines is a conservative estimate of the cost to the United States of permitting a taxpayer to make an election under paragraph (1). ``(i) Exemption Amount.--For the purposes of this section, the term `exemption amount' means $100,000,000. ``(j) Determination of Valuation.-- ``(1) Regulations.--Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations for determining the net worth of a taxpayer and the deemed sale-price valuations of each asset of a taxpayer for the purposes of this section. Such regulations may require the use of formulaic valuation approaches for designated assets, including formulaic approaches based on proxies for determining presumptive valuations, formulaic approaches based on prospective adjustments from purchase prices or other prior events, or formulaic approaches based on retrospectively adding deferral charges based on eventual sale prices or other specified later events indicative of valuation. ``(2) Rule in the absence of regulation.--If the Secretary has not issued regulations under paragraph (1), the fair market value of each asset owned by the taxpayer shall be the price at which such asset would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge of relevant facts. The value of a particular asset shall not be the price that a forced sale of the property would produce. Further, the fair market value of an asset shall not be the sale price in a market other than that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate. In the case of an asset which is generally obtained by the public in the retail market, the fair market value of such an asset shall be the price at which such item or a comparable item would be sold at retail. ``(3) Limitation.--For purposes of this subsection, any feature of an asset that was added with the intent, and has the effect, of reducing the value of the asset shall be disregarded, and no valuation or other discount shall be taken into account if it would have the effect of reducing the value of a pro rata economic interest in an asset below the pro rata portion of the value of the entire asset. ``(4) Exception with respect to certain assets taken into account in determining net worth.--Notwithstanding the preceding provisions of this subsection, if the Secretary has not issued regulations under paragraph (1) specifying otherwise, for purposes of determining the taxpayer's net worth for purposes of this section with respect to any taxable year after the first taxable year with respect to which subsection (b) applies to the taxpayer, the taxpayer may value assets that are not publicly traded securities at the value of such asset that the taxpayer most recently reported for purposes of subsection (b). ``(k) Information Reporting.--The Secretary shall, not later than 1 year after the date of the enactment of this section, issue regulations-- ``(1) requiring such persons as the Secretary determines appropriate to report such information to the Secretary as the Secretary determines necessary to carry out this section, and ``(2) prohibiting such conduct as the Secretary determines appropriate to prevent a taxpayer from avoiding the requirements of this paragraph. ``(l) Audit Required.--The Secretary shall, with respect to each taxable year, audit each covered taxpayer and each taxpayer who was a covered taxpayer in any of the 3 preceding taxable years. ``(m) Penalties.-- ``(1) Applicability.--Except as provided in paragraph (5), a taxpayer that has tax liability as a result of the operation of this section with an understatement of tax shall be subject to the penalty described in paragraph (2) if the amount of such understatement for a taxable year exceeds the greater of-- ``(A) $1,000,000, or ``(B) 20 percent of the tax shown on an original return or shown on an amended return filed on or before the original or extended due date of the return for the taxable year. ``(2) Penalty described.--The penalty described in this paragraph is an amount equal to-- ``(A) 20 percent of the understatement of tax, or ``(B) in the case of an understatement that is substantially the result of a failure to fulfill a requirement to report an asset, 40 percent of such understatement. ``(3) Coordination with other penalties.--The penalty imposed by paragraph (1) is in addition to any other penalties imposed on such understatement. ``(4) Limitation on refund or credit.--The Secretary may not refund or issue a credit with respect to a penalty imposed under paragraph (1) unless such refund or credit is attributable to the Secretary's miscalculation of the amount of such penalty. ``(5) Exceptions.--The Secretary may not impose a penalty under paragraph (1) if the understatement is the result of-- ``(A) a change in law after the earlier of-- ``(i) the date the taxpayer files a return for the applicable taxable year, or ``(ii) the extended due date for the return of the taxpayer for the applicable taxable year, or ``(B) the taxpayer's reasonable reliance on a formal legal ruling issued by the Secretary.''. (b) Comprehensive Plan for Enhanced Enforcement of Reporting on Certain Foreign Accounts.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a comprehensive plan for managing efforts to leverage data collected under chapter 4 of the Internal Revenue Code of 1986 in agency compliance efforts. Such plan shall include an evaluation of the extent to which actions being undertaken as of the date of the enactment of this Act for the enforcement of the requirements of such chapter improve voluntary compliance and address noncompliance with such requirements. (c) Conforming Amendment.--The table of sections for part I of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 1002. Deemed realization mark-to-market rules.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. (e) Sense of Congress.--It is the sense of Congress that the taxation by the several States of extreme wealth is in the public interest and that silence on the part of Congress shall not be construed to impose any barrier to the use of reasonable residency rules, including such rules that apportion a tax on deemed sales or extreme wealth over no more than five years, by the several States or the District of Columbia. (f) Authorization of Appropriations.--There are hereby authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this section and the amendments by this section. SEC. 4. FAMILY INVESTMENT TRUST FUND. (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. FAMILY INVESTMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is hereby established in the Treasury of the United States a trust fund to be known as the Family Investment Trust Fund, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Family Investment Trust Fund amounts equivalent to the taxes received in the Treasury as a result of the operation of section 1002. ``(c) Expenditures From Trust Fund.--Amounts in the Family Investment Trust Fund shall be available, as provided by appropriation Acts, in equal amounts to the Secretary of Education and the Secretary of Health and Human Services for programs relating to supporting family well-being and the development of children.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. Family Investment Trust Fund.''. (c) Effective Date.--The amendments made by this Act shall apply to amounts received after the date of the enactment of this Act. <all>

Babies over Billionaires Act of 2022

To amend the Internal Revenue Code of 1986 to adopt mark-to-market income tax rules for taxpayers with net worth above a specified threshold, and for other purposes.

Babies over Billionaires Act of 2022

Rep. Bowman, Jamaal

D

NY

This bill sets forth a special tax rule that requires the realization (i.e., deemed sold) at the end of the taxable year of the gains and losses of the publicly traded and private securities of taxpayers whose net worth exceeds $100 million. It limits the tax liability of such taxpayers to 35% of the amount by which their net worth exceeds $100 million at the end of the taxable year. The Internal Revenue Service must annually audit taxpayers whose net worth exceeds $100 million in the current taxable year and any of the 3 preceding taxable years and impose a penalty of 20% of understatements of tax (40% if understatements are due to failure to report an asset). The bill establishes the Family Investment Trust Fund to hold tax revenues generated by this bill for programs to support family well-being and the development of children.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. Congress finds the following: (1) Billionaires have disproportionately benefitted from financial gains during the pandemic as their collective net worth grew by $1.7 trillion since the beginning of the pandemic as employment for low-wage workers fell by 36.7 percent at the trough of the pandemic in April 2020. (5) Investing revenue from such a tax in children at birth, particularly in the first 1000 days of life, would support children's healthy physical development, brain development, social-emotional health, and long-term well-being. DEEMED REALIZATION MARK-TO-MARKET RULES. ``(d) Net Losses.--Net losses shall not be recognized as a result of this subsection except to the extent that net gains were recognized by the taxpayer as a result of this subsection in any prior year. ``(i) Exemption Amount.--For the purposes of this section, the term `exemption amount' means $100,000,000. Such regulations may require the use of formulaic valuation approaches for designated assets, including formulaic approaches based on proxies for determining presumptive valuations, formulaic approaches based on prospective adjustments from purchase prices or other prior events, or formulaic approaches based on retrospectively adding deferral charges based on eventual sale prices or other specified later events indicative of valuation. The value of a particular asset shall not be the price that a forced sale of the property would produce. Further, the fair market value of an asset shall not be the sale price in a market other than that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate. ``(l) Audit Required.--The Secretary shall, with respect to each taxable year, audit each covered taxpayer and each taxpayer who was a covered taxpayer in any of the 3 preceding taxable years. ``(2) Penalty described.--The penalty described in this paragraph is an amount equal to-- ``(A) 20 percent of the understatement of tax, or ``(B) in the case of an understatement that is substantially the result of a failure to fulfill a requirement to report an asset, 40 percent of such understatement. ``(3) Coordination with other penalties.--The penalty imposed by paragraph (1) is in addition to any other penalties imposed on such understatement. SEC. 4. (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. FAMILY INVESTMENT TRUST FUND. ``(b) Transfer to Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Family Investment Trust Fund amounts equivalent to the taxes received in the Treasury as a result of the operation of section 1002. 9512. (c) Effective Date.--The amendments made by this Act shall apply to amounts received after the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DEEMED REALIZATION MARK-TO-MARKET RULES. ``(d) Net Losses.--Net losses shall not be recognized as a result of this subsection except to the extent that net gains were recognized by the taxpayer as a result of this subsection in any prior year. ``(i) Exemption Amount.--For the purposes of this section, the term `exemption amount' means $100,000,000. Such regulations may require the use of formulaic valuation approaches for designated assets, including formulaic approaches based on proxies for determining presumptive valuations, formulaic approaches based on prospective adjustments from purchase prices or other prior events, or formulaic approaches based on retrospectively adding deferral charges based on eventual sale prices or other specified later events indicative of valuation. The value of a particular asset shall not be the price that a forced sale of the property would produce. Further, the fair market value of an asset shall not be the sale price in a market other than that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate. ``(l) Audit Required.--The Secretary shall, with respect to each taxable year, audit each covered taxpayer and each taxpayer who was a covered taxpayer in any of the 3 preceding taxable years. ``(3) Coordination with other penalties.--The penalty imposed by paragraph (1) is in addition to any other penalties imposed on such understatement. SEC. 4. (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. FAMILY INVESTMENT TRUST FUND. ``(b) Transfer to Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Family Investment Trust Fund amounts equivalent to the taxes received in the Treasury as a result of the operation of section 1002. 9512. (c) Effective Date.--The amendments made by this Act shall apply to amounts received after the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Billionaires have disproportionately benefitted from financial gains during the pandemic as their collective net worth grew by $1.7 trillion since the beginning of the pandemic as employment for low-wage workers fell by 36.7 percent at the trough of the pandemic in April 2020. (5) Investing revenue from such a tax in children at birth, particularly in the first 1000 days of life, would support children's healthy physical development, brain development, social-emotional health, and long-term well-being. DEEMED REALIZATION MARK-TO-MARKET RULES. ``(a) Annual Realization of Gains and Losses in Publicly Traded Assets.--Except as provided in subsection (c), for the purposes of section 1, 30 percent by value of the publicly traded securities of each covered taxpayer are deemed sold on the last day of each taxable year. ``(d) Net Losses.--Net losses shall not be recognized as a result of this subsection except to the extent that net gains were recognized by the taxpayer as a result of this subsection in any prior year. ``(i) Exemption Amount.--For the purposes of this section, the term `exemption amount' means $100,000,000. Such regulations may require the use of formulaic valuation approaches for designated assets, including formulaic approaches based on proxies for determining presumptive valuations, formulaic approaches based on prospective adjustments from purchase prices or other prior events, or formulaic approaches based on retrospectively adding deferral charges based on eventual sale prices or other specified later events indicative of valuation. The value of a particular asset shall not be the price that a forced sale of the property would produce. Further, the fair market value of an asset shall not be the sale price in a market other than that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate. ``(l) Audit Required.--The Secretary shall, with respect to each taxable year, audit each covered taxpayer and each taxpayer who was a covered taxpayer in any of the 3 preceding taxable years. ``(2) Penalty described.--The penalty described in this paragraph is an amount equal to-- ``(A) 20 percent of the understatement of tax, or ``(B) in the case of an understatement that is substantially the result of a failure to fulfill a requirement to report an asset, 40 percent of such understatement. ``(3) Coordination with other penalties.--The penalty imposed by paragraph (1) is in addition to any other penalties imposed on such understatement. ``(4) Limitation on refund or credit.--The Secretary may not refund or issue a credit with respect to a penalty imposed under paragraph (1) unless such refund or credit is attributable to the Secretary's miscalculation of the amount of such penalty. ``(5) Exceptions.--The Secretary may not impose a penalty under paragraph (1) if the understatement is the result of-- ``(A) a change in law after the earlier of-- ``(i) the date the taxpayer files a return for the applicable taxable year, or ``(ii) the extended due date for the return of the taxpayer for the applicable taxable year, or ``(B) the taxpayer's reasonable reliance on a formal legal ruling issued by the Secretary.''. (e) Sense of Congress.--It is the sense of Congress that the taxation by the several States of extreme wealth is in the public interest and that silence on the part of Congress shall not be construed to impose any barrier to the use of reasonable residency rules, including such rules that apportion a tax on deemed sales or extreme wealth over no more than five years, by the several States or the District of Columbia. SEC. 4. (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. FAMILY INVESTMENT TRUST FUND. ``(b) Transfer to Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Family Investment Trust Fund amounts equivalent to the taxes received in the Treasury as a result of the operation of section 1002. 9512. (c) Effective Date.--The amendments made by this Act shall apply to amounts received after the date of the enactment of this Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Billionaires have disproportionately benefitted from financial gains during the pandemic as their collective net worth grew by $1.7 trillion since the beginning of the pandemic as employment for low-wage workers fell by 36.7 percent at the trough of the pandemic in April 2020. (3) The wealthiest 400 households in America paid an average effective tax rate of just 8.2 percent between 2010 and 2018. (4) A gradual tax on the unrealized capital gains of billionaires from tradable and non-tradable assets could raise more than $1 trillion over 10 years. (5) Investing revenue from such a tax in children at birth, particularly in the first 1000 days of life, would support children's healthy physical development, brain development, social-emotional health, and long-term well-being. DEEMED REALIZATION MARK-TO-MARKET RULES. ``(a) Annual Realization of Gains and Losses in Publicly Traded Assets.--Except as provided in subsection (c), for the purposes of section 1, 30 percent by value of the publicly traded securities of each covered taxpayer are deemed sold on the last day of each taxable year. ``(d) Net Losses.--Net losses shall not be recognized as a result of this subsection except to the extent that net gains were recognized by the taxpayer as a result of this subsection in any prior year. ``(i) Exemption Amount.--For the purposes of this section, the term `exemption amount' means $100,000,000. Such regulations may require the use of formulaic valuation approaches for designated assets, including formulaic approaches based on proxies for determining presumptive valuations, formulaic approaches based on prospective adjustments from purchase prices or other prior events, or formulaic approaches based on retrospectively adding deferral charges based on eventual sale prices or other specified later events indicative of valuation. The value of a particular asset shall not be the price that a forced sale of the property would produce. Further, the fair market value of an asset shall not be the sale price in a market other than that in which such item is most commonly sold to the public, taking into account the location of the item wherever appropriate. ``(3) Limitation.--For purposes of this subsection, any feature of an asset that was added with the intent, and has the effect, of reducing the value of the asset shall be disregarded, and no valuation or other discount shall be taken into account if it would have the effect of reducing the value of a pro rata economic interest in an asset below the pro rata portion of the value of the entire asset. ``(k) Information Reporting.--The Secretary shall, not later than 1 year after the date of the enactment of this section, issue regulations-- ``(1) requiring such persons as the Secretary determines appropriate to report such information to the Secretary as the Secretary determines necessary to carry out this section, and ``(2) prohibiting such conduct as the Secretary determines appropriate to prevent a taxpayer from avoiding the requirements of this paragraph. ``(l) Audit Required.--The Secretary shall, with respect to each taxable year, audit each covered taxpayer and each taxpayer who was a covered taxpayer in any of the 3 preceding taxable years. ``(2) Penalty described.--The penalty described in this paragraph is an amount equal to-- ``(A) 20 percent of the understatement of tax, or ``(B) in the case of an understatement that is substantially the result of a failure to fulfill a requirement to report an asset, 40 percent of such understatement. ``(3) Coordination with other penalties.--The penalty imposed by paragraph (1) is in addition to any other penalties imposed on such understatement. ``(4) Limitation on refund or credit.--The Secretary may not refund or issue a credit with respect to a penalty imposed under paragraph (1) unless such refund or credit is attributable to the Secretary's miscalculation of the amount of such penalty. ``(5) Exceptions.--The Secretary may not impose a penalty under paragraph (1) if the understatement is the result of-- ``(A) a change in law after the earlier of-- ``(i) the date the taxpayer files a return for the applicable taxable year, or ``(ii) the extended due date for the return of the taxpayer for the applicable taxable year, or ``(B) the taxpayer's reasonable reliance on a formal legal ruling issued by the Secretary.''. Such plan shall include an evaluation of the extent to which actions being undertaken as of the date of the enactment of this Act for the enforcement of the requirements of such chapter improve voluntary compliance and address noncompliance with such requirements. (e) Sense of Congress.--It is the sense of Congress that the taxation by the several States of extreme wealth is in the public interest and that silence on the part of Congress shall not be construed to impose any barrier to the use of reasonable residency rules, including such rules that apportion a tax on deemed sales or extreme wealth over no more than five years, by the several States or the District of Columbia. SEC. 4. (a) In General.--Subchapter A of Chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. FAMILY INVESTMENT TRUST FUND. ``(b) Transfer to Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Family Investment Trust Fund amounts equivalent to the taxes received in the Treasury as a result of the operation of section 1002. 9512. (c) Effective Date.--The amendments made by this Act shall apply to amounts received after the date of the enactment of this Act.

H.R.4252

Agriculture and Food

This bill rescinds specified funds that were provided to the Department of Agriculture for assistance and support for socially disadvantaged farmers, ranchers, and forest land owners and operators. The bill makes the rescinded funds available for scholarships at 1890 Institutions (i.e., historically Black colleges and universities that belong to the U.S. land-grant university system).

To provide additional funding for scholarships for students at 1890 institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ADDITIONAL FUNDING FOR SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS. (a) Rescission.--Of the unobligated balances from amounts made available by section 1006 of the American Rescue Plan Act (Public Law 117-2), the remaining unobligated balance, or $100,000,000, whichever is less, is hereby rescinded. (b) Funding.--In addition to amounts otherwise provided for carrying out section 1446 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a), there is appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, an amount of additional new budget authority equivalent to the amount rescinded under subsection (a), to remain available until expended, to carry out such section 1446. (c) Administrative Funds.--Of the funds made available under section 1446(b)(4) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)(4)) for a fiscal year, not more than 4 percent may be used for expenses related to administering the program under such section 1446. (d) Extension.--Section 1446(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)) is amended-- (1) in paragraph (2), by striking ``each of fiscal years 2020 through 2023'' and inserting ``fiscal year 2020 and each fiscal year thereafter''; and (2) by adding at the end the following: ``(4) Fiscal year 2024 and each fiscal year thereafter until obligated.--Of the amounts made available under section 1(b) of the Act entitled `An Act to provide additional funding for scholarships for students at 1890 institutions', the Secretary shall make available to carry out this section not less than $10,000,000 for fiscal year 2024 and each fiscal year thereafter, until all funding made available under such section 1(b) has been obligated.''. Union Calendar No. 126 117th CONGRESS 1st Session H. R. 4252 [Report No. 117-172] _______________________________________________________________________

To provide additional funding for scholarships for students at 1890 institutions.

To provide additional funding for scholarships for students at 1890 institutions.

Official Titles - House of Representatives Official Title as Introduced To provide additional funding for scholarships for students at 1890 institutions.

Rep. Scott, David

D

GA

This bill rescinds specified funds that were provided to the Department of Agriculture for assistance and support for socially disadvantaged farmers, ranchers, and forest land owners and operators. The bill makes the rescinded funds available for scholarships at 1890 Institutions (i.e., historically Black colleges and universities that belong to the U.S. land-grant university system).

To provide additional funding for scholarships for students at 1890 institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ADDITIONAL FUNDING FOR SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS. (a) Rescission.--Of the unobligated balances from amounts made available by section 1006 of the American Rescue Plan Act (Public Law 117-2), the remaining unobligated balance, or $100,000,000, whichever is less, is hereby rescinded. (b) Funding.--In addition to amounts otherwise provided for carrying out section 1446 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a), there is appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, an amount of additional new budget authority equivalent to the amount rescinded under subsection (a), to remain available until expended, to carry out such section 1446. (c) Administrative Funds.--Of the funds made available under section 1446(b)(4) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)(4)) for a fiscal year, not more than 4 percent may be used for expenses related to administering the program under such section 1446. (d) Extension.--Section 1446(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)) is amended-- (1) in paragraph (2), by striking ``each of fiscal years 2020 through 2023'' and inserting ``fiscal year 2020 and each fiscal year thereafter''; and (2) by adding at the end the following: ``(4) Fiscal year 2024 and each fiscal year thereafter until obligated.--Of the amounts made available under section 1(b) of the Act entitled `An Act to provide additional funding for scholarships for students at 1890 institutions', the Secretary shall make available to carry out this section not less than $10,000,000 for fiscal year 2024 and each fiscal year thereafter, until all funding made available under such section 1(b) has been obligated.''. Union Calendar No. 126 117th CONGRESS 1st Session H. R. 4252 [Report No. 117-172] _______________________________________________________________________

To provide additional funding for scholarships for students at 1890 institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ADDITIONAL FUNDING FOR SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS. (a) Rescission.--Of the unobligated balances from amounts made available by section 1006 of the American Rescue Plan Act (Public Law 117-2), the remaining unobligated balance, or $100,000,000, whichever is less, is hereby rescinded. (b) Funding.--In addition to amounts otherwise provided for carrying out section 1446 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a), there is appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, an amount of additional new budget authority equivalent to the amount rescinded under subsection (a), to remain available until expended, to carry out such section 1446. (c) Administrative Funds.--Of the funds made available under section 1446(b)(4) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)(4)) for a fiscal year, not more than 4 percent may be used for expenses related to administering the program under such section 1446. (d) Extension.--Section 1446(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)) is amended-- (1) in paragraph (2), by striking ``each of fiscal years 2020 through 2023'' and inserting ``fiscal year 2020 and each fiscal year thereafter''; and (2) by adding at the end the following: ``(4) Fiscal year 2024 and each fiscal year thereafter until obligated.--Of the amounts made available under section 1(b) of the Act entitled `An Act to provide additional funding for scholarships for students at 1890 institutions', the Secretary shall make available to carry out this section not less than $10,000,000 for fiscal year 2024 and each fiscal year thereafter, until all funding made available under such section 1(b) has been obligated.''. Union Calendar No. 126 117th CONGRESS 1st Session H. R. 4252 [Report No. 117-172] _______________________________________________________________________

To provide additional funding for scholarships for students at 1890 institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ADDITIONAL FUNDING FOR SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS. (a) Rescission.--Of the unobligated balances from amounts made available by section 1006 of the American Rescue Plan Act (Public Law 117-2), the remaining unobligated balance, or $100,000,000, whichever is less, is hereby rescinded. (b) Funding.--In addition to amounts otherwise provided for carrying out section 1446 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a), there is appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, an amount of additional new budget authority equivalent to the amount rescinded under subsection (a), to remain available until expended, to carry out such section 1446. (c) Administrative Funds.--Of the funds made available under section 1446(b)(4) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)(4)) for a fiscal year, not more than 4 percent may be used for expenses related to administering the program under such section 1446. (d) Extension.--Section 1446(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)) is amended-- (1) in paragraph (2), by striking ``each of fiscal years 2020 through 2023'' and inserting ``fiscal year 2020 and each fiscal year thereafter''; and (2) by adding at the end the following: ``(4) Fiscal year 2024 and each fiscal year thereafter until obligated.--Of the amounts made available under section 1(b) of the Act entitled `An Act to provide additional funding for scholarships for students at 1890 institutions', the Secretary shall make available to carry out this section not less than $10,000,000 for fiscal year 2024 and each fiscal year thereafter, until all funding made available under such section 1(b) has been obligated.''. Union Calendar No. 126 117th CONGRESS 1st Session H. R. 4252 [Report No. 117-172] _______________________________________________________________________

To provide additional funding for scholarships for students at 1890 institutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ADDITIONAL FUNDING FOR SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS. (a) Rescission.--Of the unobligated balances from amounts made available by section 1006 of the American Rescue Plan Act (Public Law 117-2), the remaining unobligated balance, or $100,000,000, whichever is less, is hereby rescinded. (b) Funding.--In addition to amounts otherwise provided for carrying out section 1446 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a), there is appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, an amount of additional new budget authority equivalent to the amount rescinded under subsection (a), to remain available until expended, to carry out such section 1446. (c) Administrative Funds.--Of the funds made available under section 1446(b)(4) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)(4)) for a fiscal year, not more than 4 percent may be used for expenses related to administering the program under such section 1446. (d) Extension.--Section 1446(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222a(b)) is amended-- (1) in paragraph (2), by striking ``each of fiscal years 2020 through 2023'' and inserting ``fiscal year 2020 and each fiscal year thereafter''; and (2) by adding at the end the following: ``(4) Fiscal year 2024 and each fiscal year thereafter until obligated.--Of the amounts made available under section 1(b) of the Act entitled `An Act to provide additional funding for scholarships for students at 1890 institutions', the Secretary shall make available to carry out this section not less than $10,000,000 for fiscal year 2024 and each fiscal year thereafter, until all funding made available under such section 1(b) has been obligated.''. Union Calendar No. 126 117th CONGRESS 1st Session H. R. 4252 [Report No. 117-172] _______________________________________________________________________

H.R.1795

Health

Expanded Coverage for Former Foster Youth Act This bill modifies certain changes that are scheduled to take effect under the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act relating to the coverage of former foster youth under Medicaid. Under current law, a state Medicaid program must cover former foster youth until the age of 26 if the youth were in the state's foster care system at the age of 18 and were enrolled in the state's Medicaid program while in foster care; a state may choose to also cover former foster youth from other states. The SUPPORT for Patients and Communities Act altered these provisions to require a state Medicaid program to cover former foster youth from other states until the age of 26; such changes apply to former foster youth who reach the age of 18 on or after January 1, 2023. The bill requires state Medicaid programs to also cover former foster youth who were placed in a legal guardianship with a kinship caregiver or were emancipated from foster care before the age of 18. The bill also repeals the provision that requires former foster youth to have been enrolled in a state Medicaid program while in foster care in order to qualify for Medicaid coverage until the age of 26. States must also establish Medicaid outreach and enrollment programs for former foster youth.

To amend title XIX of the Social Security Act to ensure health insurance coverage continuity for former foster youth. 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 ``Expanded Coverage for Former Foster Youth Act''. SEC. 2. COVERAGE CONTINUITY FOR FORMER FOSTER CARE CHILDREN UP TO AGE 26. (a) In General.--Section 1902(a)(10)(A)(i)(IX) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(IX)) is amended to read as follows: ``(IX) who-- ``(aa) are under 26 years of age; ``(bb) are not described in and are not enrolled under any of subclauses (I) through (VII) of this clause or are described in any of such subclauses but have income that exceeds the level of income applicable under the State plan for eligibility to enroll for medical assistance under such subclause; and ``(cc) were in foster care under the responsibility of a State on the date of attaining 18 years of age (or such higher age as such State has elected under section 475(8)(B)(iii)), or were in such care at any age but subsequently left such care to enter into a legal guardianship with a kinship caregiver (without regard to whether kinship guardianship payments are being made on behalf of the child under this part), or were emancipated from such care prior to attaining age 18;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2023, and shall apply with respect to individuals who attain 18 years of age on or after that date. (c) Repeal.--Subsection (a) of section 1002 of the SUPPORT for Patients and Communities Act (Public Law 115-271) is repealed. SEC. 3. OUTREACH EFFORTS FOR ENROLLMENT OF FORMER FOSTER CHILDREN. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (85), by striking ``; and'' and inserting a semicolon; (2) in paragraph (86), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (86) the following new paragraph: ``(87) not later than January 1, 2022, establish an outreach and enrollment program, in coordination with the State agency responsible for administering the State plan under part E of title IV and any other appropriate or interested agencies, designed to increase the enrollment of individuals who are eligible for medical assistance under the State plan under paragraph (10)(A)(i)(IX) in accordance with best practices established by the Secretary.''. <all>

Expanded Coverage for Former Foster Youth Act

To amend title XIX of the Social Security Act to ensure health insurance coverage continuity for former foster youth.

Expanded Coverage for Former Foster Youth Act

Rep. Bass, Karen

D

CA

This bill modifies certain changes that are scheduled to take effect under the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act relating to the coverage of former foster youth under Medicaid. Under current law, a state Medicaid program must cover former foster youth until the age of 26 if the youth were in the state's foster care system at the age of 18 and were enrolled in the state's Medicaid program while in foster care; a state may choose to also cover former foster youth from other states. The SUPPORT for Patients and Communities Act altered these provisions to require a state Medicaid program to cover former foster youth from other states until the age of 26; such changes apply to former foster youth who reach the age of 18 on or after January 1, 2023. The bill requires state Medicaid programs to also cover former foster youth who were placed in a legal guardianship with a kinship caregiver or were emancipated from foster care before the age of 18. The bill also repeals the provision that requires former foster youth to have been enrolled in a state Medicaid program while in foster care in order to qualify for Medicaid coverage until the age of 26. States must also establish Medicaid outreach and enrollment programs for former foster youth.

To amend title XIX of the Social Security Act to ensure health insurance coverage continuity for former foster youth. 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 ``Expanded Coverage for Former Foster Youth Act''. SEC. 2. COVERAGE CONTINUITY FOR FORMER FOSTER CARE CHILDREN UP TO AGE 26. (a) In General.--Section 1902(a)(10)(A)(i)(IX) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(IX)) is amended to read as follows: ``(IX) who-- ``(aa) are under 26 years of age; ``(bb) are not described in and are not enrolled under any of subclauses (I) through (VII) of this clause or are described in any of such subclauses but have income that exceeds the level of income applicable under the State plan for eligibility to enroll for medical assistance under such subclause; and ``(cc) were in foster care under the responsibility of a State on the date of attaining 18 years of age (or such higher age as such State has elected under section 475(8)(B)(iii)), or were in such care at any age but subsequently left such care to enter into a legal guardianship with a kinship caregiver (without regard to whether kinship guardianship payments are being made on behalf of the child under this part), or were emancipated from such care prior to attaining age 18;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2023, and shall apply with respect to individuals who attain 18 years of age on or after that date. (c) Repeal.--Subsection (a) of section 1002 of the SUPPORT for Patients and Communities Act (Public Law 115-271) is repealed. SEC. 3. OUTREACH EFFORTS FOR ENROLLMENT OF FORMER FOSTER CHILDREN. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (85), by striking ``; and'' and inserting a semicolon; (2) in paragraph (86), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (86) the following new paragraph: ``(87) not later than January 1, 2022, establish an outreach and enrollment program, in coordination with the State agency responsible for administering the State plan under part E of title IV and any other appropriate or interested agencies, designed to increase the enrollment of individuals who are eligible for medical assistance under the State plan under paragraph (10)(A)(i)(IX) in accordance with best practices established by the Secretary.''. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COVERAGE CONTINUITY FOR FORMER FOSTER CARE CHILDREN UP TO AGE 26. 1396a(a)(10)(A)(i)(IX)) is amended to read as follows: ``(IX) who-- ``(aa) are under 26 years of age; ``(bb) are not described in and are not enrolled under any of subclauses (I) through (VII) of this clause or are described in any of such subclauses but have income that exceeds the level of income applicable under the State plan for eligibility to enroll for medical assistance under such subclause; and ``(cc) were in foster care under the responsibility of a State on the date of attaining 18 years of age (or such higher age as such State has elected under section 475(8)(B)(iii)), or were in such care at any age but subsequently left such care to enter into a legal guardianship with a kinship caregiver (without regard to whether kinship guardianship payments are being made on behalf of the child under this part), or were emancipated from such care prior to attaining age 18;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2023, and shall apply with respect to individuals who attain 18 years of age on or after that date. (c) Repeal.--Subsection (a) of section 1002 of the SUPPORT for Patients and Communities Act (Public Law 115-271) is repealed. SEC. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (85), by striking ``; and'' and inserting a semicolon; (2) in paragraph (86), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (86) the following new paragraph: ``(87) not later than January 1, 2022, establish an outreach and enrollment program, in coordination with the State agency responsible for administering the State plan under part E of title IV and any other appropriate or interested agencies, designed to increase the enrollment of individuals who are eligible for medical assistance under the State plan under paragraph (10)(A)(i)(IX) in accordance with best practices established by the Secretary.''.

To amend title XIX of the Social Security Act to ensure health insurance coverage continuity for former foster youth. 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 ``Expanded Coverage for Former Foster Youth Act''. SEC. 2. COVERAGE CONTINUITY FOR FORMER FOSTER CARE CHILDREN UP TO AGE 26. (a) In General.--Section 1902(a)(10)(A)(i)(IX) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(IX)) is amended to read as follows: ``(IX) who-- ``(aa) are under 26 years of age; ``(bb) are not described in and are not enrolled under any of subclauses (I) through (VII) of this clause or are described in any of such subclauses but have income that exceeds the level of income applicable under the State plan for eligibility to enroll for medical assistance under such subclause; and ``(cc) were in foster care under the responsibility of a State on the date of attaining 18 years of age (or such higher age as such State has elected under section 475(8)(B)(iii)), or were in such care at any age but subsequently left such care to enter into a legal guardianship with a kinship caregiver (without regard to whether kinship guardianship payments are being made on behalf of the child under this part), or were emancipated from such care prior to attaining age 18;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2023, and shall apply with respect to individuals who attain 18 years of age on or after that date. (c) Repeal.--Subsection (a) of section 1002 of the SUPPORT for Patients and Communities Act (Public Law 115-271) is repealed. SEC. 3. OUTREACH EFFORTS FOR ENROLLMENT OF FORMER FOSTER CHILDREN. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (85), by striking ``; and'' and inserting a semicolon; (2) in paragraph (86), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (86) the following new paragraph: ``(87) not later than January 1, 2022, establish an outreach and enrollment program, in coordination with the State agency responsible for administering the State plan under part E of title IV and any other appropriate or interested agencies, designed to increase the enrollment of individuals who are eligible for medical assistance under the State plan under paragraph (10)(A)(i)(IX) in accordance with best practices established by the Secretary.''. <all>

To amend title XIX of the Social Security Act to ensure health insurance coverage continuity for former foster youth. 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 ``Expanded Coverage for Former Foster Youth Act''. SEC. 2. COVERAGE CONTINUITY FOR FORMER FOSTER CARE CHILDREN UP TO AGE 26. (a) In General.--Section 1902(a)(10)(A)(i)(IX) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)(IX)) is amended to read as follows: ``(IX) who-- ``(aa) are under 26 years of age; ``(bb) are not described in and are not enrolled under any of subclauses (I) through (VII) of this clause or are described in any of such subclauses but have income that exceeds the level of income applicable under the State plan for eligibility to enroll for medical assistance under such subclause; and ``(cc) were in foster care under the responsibility of a State on the date of attaining 18 years of age (or such higher age as such State has elected under section 475(8)(B)(iii)), or were in such care at any age but subsequently left such care to enter into a legal guardianship with a kinship caregiver (without regard to whether kinship guardianship payments are being made on behalf of the child under this part), or were emancipated from such care prior to attaining age 18;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on January 1, 2023, and shall apply with respect to individuals who attain 18 years of age on or after that date. (c) Repeal.--Subsection (a) of section 1002 of the SUPPORT for Patients and Communities Act (Public Law 115-271) is repealed. SEC. 3. OUTREACH EFFORTS FOR ENROLLMENT OF FORMER FOSTER CHILDREN. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (85), by striking ``; and'' and inserting a semicolon; (2) in paragraph (86), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (86) the following new paragraph: ``(87) not later than January 1, 2022, establish an outreach and enrollment program, in coordination with the State agency responsible for administering the State plan under part E of title IV and any other appropriate or interested agencies, designed to increase the enrollment of individuals who are eligible for medical assistance under the State plan under paragraph (10)(A)(i)(IX) in accordance with best practices established by the Secretary.''. <all>

S.2468

Energy

American Shores Protection Act This bill extends a moratorium on oil and gas drilling in the Gulf of Mexico through June 30, 2032, and expands the moratorium to include the South Atlantic Planning Area and the Straits of Florida Planning Area.

To amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on drilling off the coasts of the States of Florida, Georgia, and South Carolina, 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 ``American Shores Protection Act''. SEC. 2. MORATORIUM ON OIL AND GAS LEASING OFF THE COASTS OF THE STATES OF FLORIDA, GEORGIA, AND SOUTH CAROLINA. Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``June 30, 2022'' and inserting ``June 30, 2032''; (B) in paragraph (2), by striking ``or'' after the semicolon; (C) in paragraph (3)(B)(iii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) any area in the South Atlantic Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph); or ``(5) any area in the Straits of Florida Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph).''; and (2) by adding at the end the following: ``(d) Effect on Certain Leases.--The moratoria under paragraphs (4) and (5) of subsection (a) shall not affect valid existing leases in effect on the date of enactment of this subsection. ``(e) Environmental Exceptions.--Notwithstanding subsection (a), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection.''. <all>

American Shores Protection Act

A bill to amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on drilling off the coasts of the States of Florida, Georgia, and South Carolina, and for other purposes.

American Shores Protection Act

Sen. Rubio, Marco

R

FL

This bill extends a moratorium on oil and gas drilling in the Gulf of Mexico through June 30, 2032, and expands the moratorium to include the South Atlantic Planning Area and the Straits of Florida Planning Area.

To amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on drilling off the coasts of the States of Florida, Georgia, and South Carolina, 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 ``American Shores Protection Act''. SEC. 2. MORATORIUM ON OIL AND GAS LEASING OFF THE COASTS OF THE STATES OF FLORIDA, GEORGIA, AND SOUTH CAROLINA. Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``June 30, 2022'' and inserting ``June 30, 2032''; (B) in paragraph (2), by striking ``or'' after the semicolon; (C) in paragraph (3)(B)(iii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) any area in the South Atlantic Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph); or ``(5) any area in the Straits of Florida Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph).''; and (2) by adding at the end the following: ``(d) Effect on Certain Leases.--The moratoria under paragraphs (4) and (5) of subsection (a) shall not affect valid existing leases in effect on the date of enactment of this subsection. ``(e) Environmental Exceptions.--Notwithstanding subsection (a), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection.''. <all>

To amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on drilling off the coasts of the States of Florida, Georgia, and South Carolina, 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 ``American Shores Protection Act''. SEC. 2. MORATORIUM ON OIL AND GAS LEASING OFF THE COASTS OF THE STATES OF FLORIDA, GEORGIA, AND SOUTH CAROLINA. Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``June 30, 2022'' and inserting ``June 30, 2032''; (B) in paragraph (2), by striking ``or'' after the semicolon; (C) in paragraph (3)(B)(iii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) any area in the South Atlantic Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph); or ``(5) any area in the Straits of Florida Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph).''; and (2) by adding at the end the following: ``(d) Effect on Certain Leases.--The moratoria under paragraphs (4) and (5) of subsection (a) shall not affect valid existing leases in effect on the date of enactment of this subsection. ``(e) Environmental Exceptions.--Notwithstanding subsection (a), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection.''. <all>

To amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on drilling off the coasts of the States of Florida, Georgia, and South Carolina, 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 ``American Shores Protection Act''. SEC. 2. MORATORIUM ON OIL AND GAS LEASING OFF THE COASTS OF THE STATES OF FLORIDA, GEORGIA, AND SOUTH CAROLINA. Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``June 30, 2022'' and inserting ``June 30, 2032''; (B) in paragraph (2), by striking ``or'' after the semicolon; (C) in paragraph (3)(B)(iii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) any area in the South Atlantic Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph); or ``(5) any area in the Straits of Florida Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph).''; and (2) by adding at the end the following: ``(d) Effect on Certain Leases.--The moratoria under paragraphs (4) and (5) of subsection (a) shall not affect valid existing leases in effect on the date of enactment of this subsection. ``(e) Environmental Exceptions.--Notwithstanding subsection (a), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection.''. <all>

To amend the Gulf of Mexico Energy Security Act of 2006 to extend the moratorium on drilling off the coasts of the States of Florida, Georgia, and South Carolina, 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 ``American Shores Protection Act''. SEC. 2. MORATORIUM ON OIL AND GAS LEASING OFF THE COASTS OF THE STATES OF FLORIDA, GEORGIA, AND SOUTH CAROLINA. Section 104 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``June 30, 2022'' and inserting ``June 30, 2032''; (B) in paragraph (2), by striking ``or'' after the semicolon; (C) in paragraph (3)(B)(iii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: ``(4) any area in the South Atlantic Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph); or ``(5) any area in the Straits of Florida Planning Area (as designated by the Bureau of Ocean Energy Management as of the date of enactment of this paragraph).''; and (2) by adding at the end the following: ``(d) Effect on Certain Leases.--The moratoria under paragraphs (4) and (5) of subsection (a) shall not affect valid existing leases in effect on the date of enactment of this subsection. ``(e) Environmental Exceptions.--Notwithstanding subsection (a), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection.''. <all>

H.R.7165

Housing and Community Development

Lead-Safe Housing for Kids Act of 2022 This bill requires owners of certain federally assisted housing constructed prior to 1978 to screen for and remove lead-based paint hazards in housing where families with a child under the age of six are living. Specifically, an owner of such housing must, with some exceptions, conduct an initial risk assessment that consists of not just a visual inspection for lead-based paint hazards in housing where such a family will reside. If the assessment identifies any lead-based paint hazards, the owner must address the hazards within 30 days of the assessment and notify all residents in the affected housing. If the owner fails to address the hazards within 30 days, the family in the affected dwelling unit may relocate on an emergency basis without (1) being placed on any waiting list, (2) paying any penalty, or (3) experiencing any lapse in assistance. Further, the Department of Housing and Urban Development must establish a demonstration program to pay for the costs to address lead-based paint hazards in dwellings that receive certain federal rental assistance and in which the tenant is a family with a child under the age of six.

To amend the Lead-Based Paint Poisoning Prevention Act to provide for additional procedures for families with children under the age of 6, 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 ``Lead-Safe Housing for Kids Act of 2022''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) according to the Centers for Disease Control and Prevention (CDC), on average between 2011 and 2016, approximately 590,000 or 2.5 percent of children under the age of 6 in the United States had elevated blood lead levels above the CDC reference value of 3.5 micrograms per deciliter (mg/ dL); (2) there is no safe blood lead level in children; (3) according to the CDC, the effects of lead poisoning are immediate and permanent--childhood exposure to lead, even at very low levels, can have lifelong consequences, including decreased IQ and cognitive function, developmental delays, and behavioral problems; (4) higher exposures to lead at a young age can cause seizures, coma, and even death; (5) under current law, children whose families participate in the Housing Choice Voucher Program must have been identified as having an elevated blood lead exceeding 3.5 micrograms per deciliter, as established by the CDC, or exhibit symptoms of lead poisoning before a lead hazard risk assessment occurs; and (6) while some localities have required property owners to conduct risk assessments and abate lead when a child under the age of 6 will reside in a dwelling unit, the Massachusetts Fair Housing Center recently sued the Massachusetts Department of Public Health for instituting such a policy that the Fair Housing Center argues led to augmented instances of housing discrimination on the basis of familial status, as defined by section 802 of the Fair Housing Act (42 U.S.C. 3602(k)), making housing opportunities less available for families with children and increasing the risk of homelessness for such families. SEC. 3. AMENDMENTS TO THE LEAD-BASED PAINT POISONING PREVENTION ACT. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Additional procedures for families with children under the age of 6.-- ``(A) Risk assessment.-- ``(i) Covered housing defined.--In this subparagraph, the term `covered housing'-- ``(I) means housing receiving Federal financial assistance described in paragraph (1) that-- ``(aa) was constructed prior to 1978; and ``(bb)(AA) is public housing (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))); ``(BB) receives project- based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); ``(CC) receives assistance under the Housing Opportunities for Persons With AIDS under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.); or ``(DD) receives assistance under the Supportive Housing for Persons With Disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); and ``(II) does not include-- ``(aa) single-family housing covered by an application for mortgage insurance under the National Housing Act (12 U.S.C. 1701 et seq.); or ``(bb) multi-family housing that-- ``(AA) is covered by an application for mortgage insurance under the National Housing Act (12 U.S.C. 1701 et seq.); and ``(BB) does not receive any other Federal financial assistance. ``(ii) Regulations.--Not later than 180 days after the date of enactment of the Lead- Safe Housing for Kids Act of 2022, the Secretary shall promulgate regulations that-- ``(I) require the owner of covered housing in which a family with a child of less than 6 years of age will reside or is expected to reside to conduct an initial risk assessment for lead-based paint hazards-- ``(aa) in the case of covered housing receiving public housing assistance under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) or project-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and ``(bb) in the case of covered housing not described in item (aa), not later than a date established by the Secretary; ``(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I); ``(III) require that, subject to subclause (III), if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the public housing agency, grantee, or the owner of the covered housing shall-- ``(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead- based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable, or with regulations promulgated under this section, as applicable; and ``(bb) provide notice to all residents in the covered housing, and provide notice in the common areas of the covered housing, that lead-based paint hazards were identified and will be controlled within the 30-day period described in item (aa) which notice shall be provided in accessible and alternative formats consistent with the requirements under section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and title VI of the Civil Rights Act of 1964; ``(IV) provide that, to the extent that the requirements under items (aa) and (bb) of subclause (III) result in additional costs, such items shall be effective and apply only to the extent that amounts to cover such additional costs are provided in advance in appropriation Acts; and ``(V) provide that there shall be no extension of the 30-day period described in subclause (III)(aa). ``(iii) Exceptions.--The regulations promulgated under clause (ii) shall provide an exception to the requirement under subclause (I) of such clause for covered housing-- ``(I) if the public housing agency, grantee, or the owner of the covered housing submits to the Secretary documentation-- ``(aa) that the public housing agency, grantee, or owner conducted a risk assessment of the covered housing for lead-based paint hazards during the 12-month period, or a reevaluation of the covered housing, including after any lead-based paint hazards have been controlled, during the 24-month period preceding the date on which the family is expected to reside in the covered housing; for purposes of this item, the term `reevaluation' means an activity performed by a risk assessor certified under sections 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable, subsequent to an initial risk assessment and to completion of any resulting lead-based paint hazard control measures, including a visual assessment of painted surfaces for deterioration and limited dust and soil sampling, where lead-based paint is still present; and ``(bb) that clearance of lead-based paint hazard control work resulting from the risk assessment described in item (aa) has been achieved in accordance with clause (II) or with regulations promulgated under this section, as applicable; ``(II) from which all lead-based paint hazards have been identified and removed and clearance has been achieved in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 2682, 2684), as applicable, or with regulations promulgated under this section, as applicable; ``(III)(aa) if the dwelling unit is unoccupied; ``(bb) if the public housing agency, grantee, or the owner of the covered housing, without any further delay in occupancy or increase in rent, provides the family with another comparable dwelling unit in the covered housing that has no lead-based paint hazards; and ``(cc) if the common areas servicing the new dwelling unit have no lead-based paint hazards; and ``(IV) if the covered housing is in compliance with the schedule for risk assessment under the program under which assistance is provided for the housing and such schedule provides that the period of time between the most recent assessment and the next assessment will not exceed 24 months. ``(B) Relocation.--Not later than 180 days after the date of enactment of the Lead-Safe Housing for Kids Act of 2022, the Secretary shall promulgate regulations to provide that a family with a child of less than 6 years of age that occupies a dwelling unit in covered housing in which lead-based paint hazards were identified, but not controlled in accordance with regulations required under clause (ii), may relocate on an emergency basis and without placement on any waiting list, penalty (including rent payments to be made for that dwelling unit), or lapse in assistance to another dwelling unit in covered housing that has no lead-based paint hazards. Relocation shall be performed consistent with the standards set forth under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and any other applicable Federal civil rights, fair housing, and nondiscrimination laws.''. SEC. 4. DEMONSTRATION PROGRAM FOR TENANT-BASED HOUSING. (a) In General.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Housing and Urban Development shall establish and implement a demonstration program under which-- (1) an owner of a dwelling for which tenant-based rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is provided and in which a child of less than 6 years of age will reside or is expected to reside shall conduct, and cover the costs of, an initial risk assessment for lead-based paint hazards in such housing; (2) the Secretary shall cover the costs of abatement of any lead-based paint hazards identified pursuant to risk assessments paid for as provided under paragraph (1); and (3) the owner of any dwelling unit for which abatement activities are conducted pursuant to paragraph (2) is required, for a period to be determined by the Secretary based on the cost or percentage of the cost of such abatement activities covered by the Secretary, to rent the dwelling unit only to a household assisted with tenant-based rental assistance under such section 8. (b) Procedures and Requirements.--Under the demonstration program, the Secretary shall establish procedures and requirements with respect to housing covered by the demonstration program that are similar to the procedures and requirements applicable under paragraph (1) of section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)(1)) to housing covered by such paragraph, except as otherwise modified by this section. (c) Geographical Diversity.--The Secretary shall carry out the demonstration program under this section in a variety of locations having high rates of lead poisoning, including urban areas and rural areas, in a manner that ensures geographically diversity of housing assisted under the program. (d) Consultation.--Public housing agencies providing rental assistance for dwelling units participating in the demonstration program under this section shall consult local public health agencies for records if such dwelling units had a previous history of lead poisoning. (e) Monitoring; Reporting.-- (1) Monitoring.--The Secretary shall monitor the extent of owner compliance and participation under the demonstration program under this section and shall assess the relationships between the period of affordability required under subsection (a)(2), the amount or portion of the cost of abatement activities covered by the Secretary pursuant to such subsection, and the level of participation in the demonstration program by landlords. (2) Annual reports.--The Secretary shall submit a report annually to the Congress on landlord compliance and participation in the demonstration program. Each such report shall-- (A) identify any changes in the rate of owner compliance and participation from year to year and from immediately before the implementation of the demonstration program to the time of such report; and (B) include an analysis of whether discrimination occurred on the basis of race, color, religion, sex, disability, familial status, or national origin in violation of the Fair Housing Act in dwelling units to be assisted with tenant-based rental assistance under section 8 of the United States Housing Act of 1937. (3) Involvement of office of fair housing and equal opportunity.--In conducting monitoring pursuant to paragraph (1) and preparing reports pursuant to paragraph (2), the Secretary shall involve and consult with the Office of Fair Housing and Equal Opportunity. (4) Final report.--Not later than the expiration of the 6- month period beginning upon the termination of the demonstration program under subsection (i), the Secretary shall submit a final report on the program to the Congress that shall include the following information: (A) Annual report information.--All information required to be submitted pursuant to paragraph (2) in each annual report under such paragraph. (B) Effectiveness in preventing lead poisoning.-- Identification of-- (i) the overall number of dwelling units where a risk assessment identified a lead hazard before a child under age six occupied the unit; and (ii) if feasible, for each dwelling with such an identified lead hazard-- (I) whether the unit had visual signs of a lead hazard or had previously passed a visual inspection; and (II) any documented cases of lead poisoning in children previously residing in the dwelling unit. (C) Actual cost.--Identification of-- (i) the actual cost of conducting pre- occupancy risk assessments of dwelling units, including the varying cost based on the age, building type, and location of the unit; (ii) the actual cost of lead-based paint hazard control activities conducted after a risk assessment that indicated the presence of a lead-based paint hazard in the participating units; and (iii) the actual cost of the clearance examination conducted after completion of lead- based paint hazard control activities. (D) Participating tenants.--Identification of-- (i) the number, age, race, and ethnicity of children who would have lived in dwelling units where a lead hazard was discovered after a pre- occupancy risk assessment; and (ii) the number, age, race, and ethnicity of children residing in dwelling units in buildings in which a participating dwelling unit having a lead-based paint hazard is located. (E) Participating units.--Identification of-- (i) the age of participating dwelling units; (ii) the block in which participating units are located and, if not available, the census tract in which participating units are located; (iii) the type of building in which participating units are located; and (iv) the number of participating units in which a lead-based paint hazard was discovered. (F) Risk assessments.--Identification of-- (i) the number of lead-based paint risk assessors available in each locality to conduct risk assessments under the program; (ii) the amount of time elapsed from making of a request for a risk assessment until completion of the assessment; and (iii) the public housing agency employing each lead-based paint risk assessor. (f) Public Availability of Information.--The Secretary shall make information collected pursuant to the demonstration program under this section publicly available on the website of the Department in a manner that does not provide any personally identifiable information regarding individuals or households participating in the program. (g) Definitions.--For purposes of this section, the terms ``risk assessment'', ``inspection'', ``interim controls'', and ``lead-based paint hazard'' have the same meaning given such terms in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b). (h) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 for fiscal years 2023 through 2027 to carry out this section. (i) Termination.--The demonstration program established under this section shall terminate 6 years after the date of the enactment of this Act. SEC. 5. RISK ASSESSMENTS. Paragraph (25) of section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b(25)) is amended-- (1) by redesignating subparagraph (E) as subparagraph (G); and (2) by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: ``(C) dust sampling; ``(D) soil sampling; ``(E) paint testing; ``(F) water testing; and''. SEC. 6. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS AND LEAD-BASED PAINT. Subtitle F of title V of the Quality Housing and Work Responsibility Act of 1998 is amended-- (1) in section 578(c) (42 U.S.C. 13663(c)), by striking ``section 579(a)(2)'' and inserting ``section 580(a)(2)''; (2) by redesignating section 579 (42 U.S.C. 13664) as section 580; and (3) by inserting after section 578 (42 U.S.C. 13663) the following new section: ``SEC. 579. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS AND LEAD-BASED PAINT. ``(a) Required Provision.--The Secretary shall require each public housing agency, grantee, and owner of housing described in subsection (d) to provide written notice, consistent with Federal civil rights, fair housing, and nondiscrimination requirements, under subsection (b) to each-- ``(1)(A) applicant who is selected from the waiting list for admission to such federally assisted housing or to such a federally assisted housing program; and ``(B) assisted family who moves to a different such federally assisted housing dwelling unit; and ``(2) whose household at the time of such selection or move, includes a child of less than 6 years of age who will reside or is expected to reside in such housing. ``(b) Contents; Timing.--Written notice under this subsection shall be in the form developed under subsection (c) that is provided at the time of the selection or move, as applicable, described in subsection (a)(1), that includes information sufficient to describe to the applicant or assisted family-- ``(1) the adverse health effects lead poisoning can have on children under 6 years old; ``(2) their rights under the Fair Housing Act, the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), section 504 of the Rehabilitation Act (29 U.S.C. 794), title VI of the Civil Rights Act (42 U.S.C. 2000d et seq.), and other applicable State or local laws regarding fair housing, including how to file complaints of housing discrimination under such Acts and laws; ``(3) the extent of the public housing agency's, grantee's, and owner's, as applicable, responsibility to ensure that their housing is controlled for lead-based paint; ``(4) that the rights described pursuant to paragraph (2) should not limit the ability of the applicant or assisted family to secure federally assisted housing based on the Fair Housing Act, the Americans with Disabilities Act (42 U.S.C. 12101), section 504 of the Rehabilitation Act (29 U.S.C. 794), or title VI of the Civil Rights Act (42 U.S.C. 2000d et seq.) under such paragraph; and ``(5) that all children enrolled in Medicaid, including children enrolled for medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (or a waiver of such a plan) and children enrolled for child health assistance under a State child health plan under title XXI of such Act (42 U.S.C. 1397aa et seq.) (or a waiver of such a plan), are required to receive blood lead screening tests at ages 12 months and 24 months and that, in addition, any child between 24 and 72 months with no record of a previous blood lead screening test must receive such a screening test. ``(c) Standard Form.--The Secretary, in consultation with the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency, shall develop a standard form of the notice required under this section that complies with all of the requirements of this section and shall make such standard form available to public housing agencies, grantees, and owners of federally assisted housing to facilitate compliance with the requirements of this section. ``(d) Covered Housing Programs.--Housing described in this subsection is housing that is-- ``(1) specified in subparagraph (A), (B), (C), or (F) of section 580(a)(1); or ``(2) assisted under the Housing Opportunities for Persons With AIDS under subtitle D of title VIII of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.).''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2023 through 2027 for-- (1) covering administrative, testing, and abatement costs of public housing agencies, grantees, and other owners of covered housing in complying with such amendments, including cost of providing notice under section 302(a)(4)(A)(ii)(III)(bb) of the Lead-Based Paint Poisoning Prevention Act (as added by the amendment made by section 3(2) of this Act) and section 579 of the Quality Housing and Work Responsibility Act of 1998 (as added by section 6(3) of this Act); (2) costs of the Department of Housing and Urban Development for training individuals to conduct risk assessments to be conducted under section 302(a) of the Lead- Based Paint Poisoning Prevention Act and under the demonstration program under section 4 of this Act; (3) the Office of Fair Housing and Equal Opportunity of the Department of Housing and Urban Development-- (A) for carrying out a national education campaign regarding lead-based paint and Fair Housing Act protections and for tenant outreach and owner engagement; and (B) for enforcement activities, including activities under the Fair Housing Initiatives Program under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a); and (4) the Secretary of Housing and Urban Development to conduct a study of a strategy for the abatement by removal of lead-based paint from all assisted and unassisted housing that is phased in over time. <all>

Lead-Safe Housing for Kids Act of 2022

To amend the Lead-Based Paint Poisoning Prevention Act to provide for additional procedures for families with children under the age of 6, and for other purposes.

Lead-Safe Housing for Kids Act of 2022

Rep. McEachin, A. Donald

D

VA

This bill requires owners of certain federally assisted housing constructed prior to 1978 to screen for and remove lead-based paint hazards in housing where families with a child under the age of six are living. Specifically, an owner of such housing must, with some exceptions, conduct an initial risk assessment that consists of not just a visual inspection for lead-based paint hazards in housing where such a family will reside. If the assessment identifies any lead-based paint hazards, the owner must address the hazards within 30 days of the assessment and notify all residents in the affected housing. If the owner fails to address the hazards within 30 days, the family in the affected dwelling unit may relocate on an emergency basis without (1) being placed on any waiting list, (2) paying any penalty, or (3) experiencing any lapse in assistance. Further, the Department of Housing and Urban Development must establish a demonstration program to pay for the costs to address lead-based paint hazards in dwellings that receive certain federal rental assistance and in which the tenant is a family with a child under the age of six.

2. 3. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 12901 et seq. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and ``(bb) in the case of covered housing not described in item (aa), not later than a date established by the Secretary; ``(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I); ``(III) require that, subject to subclause (III), if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the public housing agency, grantee, or the owner of the covered housing shall-- ``(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead- based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 4. DEMONSTRATION PROGRAM FOR TENANT-BASED HOUSING. 1437f) is provided and in which a child of less than 6 years of age will reside or is expected to reside shall conduct, and cover the costs of, an initial risk assessment for lead-based paint hazards in such housing; (2) the Secretary shall cover the costs of abatement of any lead-based paint hazards identified pursuant to risk assessments paid for as provided under paragraph (1); and (3) the owner of any dwelling unit for which abatement activities are conducted pursuant to paragraph (2) is required, for a period to be determined by the Secretary based on the cost or percentage of the cost of such abatement activities covered by the Secretary, to rent the dwelling unit only to a household assisted with tenant-based rental assistance under such section 8. 4822(a)(1)) to housing covered by such paragraph, except as otherwise modified by this section. (2) Annual reports.--The Secretary shall submit a report annually to the Congress on landlord compliance and participation in the demonstration program. (E) Participating units.--Identification of-- (i) the age of participating dwelling units; (ii) the block in which participating units are located and, if not available, the census tract in which participating units are located; (iii) the type of building in which participating units are located; and (iv) the number of participating units in which a lead-based paint hazard was discovered. 5. RISK ASSESSMENTS. 6. 579. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS AND LEAD-BASED PAINT. (or a waiver of such a plan) and children enrolled for child health assistance under a State child health plan under title XXI of such Act (42 U.S.C. (or a waiver of such a plan), are required to receive blood lead screening tests at ages 12 months and 24 months and that, in addition, any child between 24 and 72 months with no record of a previous blood lead screening test must receive such a screening test. SEC. AUTHORIZATION OF APPROPRIATIONS.

2. 3. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 12901 et seq. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and ``(bb) in the case of covered housing not described in item (aa), not later than a date established by the Secretary; ``(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I); ``(III) require that, subject to subclause (III), if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the public housing agency, grantee, or the owner of the covered housing shall-- ``(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead- based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. 4. DEMONSTRATION PROGRAM FOR TENANT-BASED HOUSING. 4822(a)(1)) to housing covered by such paragraph, except as otherwise modified by this section. (2) Annual reports.--The Secretary shall submit a report annually to the Congress on landlord compliance and participation in the demonstration program. (E) Participating units.--Identification of-- (i) the age of participating dwelling units; (ii) the block in which participating units are located and, if not available, the census tract in which participating units are located; (iii) the type of building in which participating units are located; and (iv) the number of participating units in which a lead-based paint hazard was discovered. 5. RISK ASSESSMENTS. 6. 579. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS AND LEAD-BASED PAINT. (or a waiver of such a plan) and children enrolled for child health assistance under a State child health plan under title XXI of such Act (42 U.S.C. (or a waiver of such a plan), are required to receive blood lead screening tests at ages 12 months and 24 months and that, in addition, any child between 24 and 72 months with no record of a previous blood lead screening test must receive such a screening test. SEC.

This Act may be cited as the ``Lead-Safe Housing for Kids Act of 2022''. 2. 3. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 1437f); ``(CC) receives assistance under the Housing Opportunities for Persons With AIDS under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and ``(bb) in the case of covered housing not described in item (aa), not later than a date established by the Secretary; ``(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I); ``(III) require that, subject to subclause (III), if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the public housing agency, grantee, or the owner of the covered housing shall-- ``(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead- based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. Relocation shall be performed consistent with the standards set forth under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and any other applicable Federal civil rights, fair housing, and nondiscrimination laws.''. 4. DEMONSTRATION PROGRAM FOR TENANT-BASED HOUSING. 1437f) is provided and in which a child of less than 6 years of age will reside or is expected to reside shall conduct, and cover the costs of, an initial risk assessment for lead-based paint hazards in such housing; (2) the Secretary shall cover the costs of abatement of any lead-based paint hazards identified pursuant to risk assessments paid for as provided under paragraph (1); and (3) the owner of any dwelling unit for which abatement activities are conducted pursuant to paragraph (2) is required, for a period to be determined by the Secretary based on the cost or percentage of the cost of such abatement activities covered by the Secretary, to rent the dwelling unit only to a household assisted with tenant-based rental assistance under such section 8. (b) Procedures and Requirements.--Under the demonstration program, the Secretary shall establish procedures and requirements with respect to housing covered by the demonstration program that are similar to the procedures and requirements applicable under paragraph (1) of section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)(1)) to housing covered by such paragraph, except as otherwise modified by this section. (2) Annual reports.--The Secretary shall submit a report annually to the Congress on landlord compliance and participation in the demonstration program. (E) Participating units.--Identification of-- (i) the age of participating dwelling units; (ii) the block in which participating units are located and, if not available, the census tract in which participating units are located; (iii) the type of building in which participating units are located; and (iv) the number of participating units in which a lead-based paint hazard was discovered. 5. RISK ASSESSMENTS. 4851b(25)) is amended-- (1) by redesignating subparagraph (E) as subparagraph (G); and (2) by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: ``(C) dust sampling; ``(D) soil sampling; ``(E) paint testing; ``(F) water testing; and''. 6. 579. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS AND LEAD-BASED PAINT. ``(b) Contents; Timing.--Written notice under this subsection shall be in the form developed under subsection (c) that is provided at the time of the selection or move, as applicable, described in subsection (a)(1), that includes information sufficient to describe to the applicant or assisted family-- ``(1) the adverse health effects lead poisoning can have on children under 6 years old; ``(2) their rights under the Fair Housing Act, the Americans with Disabilities Act (42 U.S.C. (or a waiver of such a plan) and children enrolled for child health assistance under a State child health plan under title XXI of such Act (42 U.S.C. (or a waiver of such a plan), are required to receive blood lead screening tests at ages 12 months and 24 months and that, in addition, any child between 24 and 72 months with no record of a previous blood lead screening test must receive such a screening test. SEC. AUTHORIZATION OF APPROPRIATIONS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Lead-Safe Housing for Kids Act of 2022''. 2. CONGRESSIONAL FINDINGS. 3. Section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 1437f); ``(CC) receives assistance under the Housing Opportunities for Persons With AIDS under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq. 1437f), not later than 15 days after the date on which a physical condition inspection occurs; and ``(bb) in the case of covered housing not described in item (aa), not later than a date established by the Secretary; ``(II) provide that a visual assessment alone is not sufficient for purposes of complying with subclause (I); ``(III) require that, subject to subclause (III), if lead-based paint hazards are identified by an initial risk assessment conducted under subclause (I), the public housing agency, grantee, or the owner of the covered housing shall-- ``(aa) not later than 30 days after the date on which the initial risk assessment is conducted, control the lead- based paint hazards, including achieving clearance in accordance with regulations promulgated under section 402 or 404 of the Toxic Substances Control Act (15 U.S.C. Relocation shall be performed consistent with the standards set forth under the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 and any other applicable Federal civil rights, fair housing, and nondiscrimination laws.''. 4. DEMONSTRATION PROGRAM FOR TENANT-BASED HOUSING. 1437f) is provided and in which a child of less than 6 years of age will reside or is expected to reside shall conduct, and cover the costs of, an initial risk assessment for lead-based paint hazards in such housing; (2) the Secretary shall cover the costs of abatement of any lead-based paint hazards identified pursuant to risk assessments paid for as provided under paragraph (1); and (3) the owner of any dwelling unit for which abatement activities are conducted pursuant to paragraph (2) is required, for a period to be determined by the Secretary based on the cost or percentage of the cost of such abatement activities covered by the Secretary, to rent the dwelling unit only to a household assisted with tenant-based rental assistance under such section 8. (b) Procedures and Requirements.--Under the demonstration program, the Secretary shall establish procedures and requirements with respect to housing covered by the demonstration program that are similar to the procedures and requirements applicable under paragraph (1) of section 302(a) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4822(a)(1)) to housing covered by such paragraph, except as otherwise modified by this section. (c) Geographical Diversity.--The Secretary shall carry out the demonstration program under this section in a variety of locations having high rates of lead poisoning, including urban areas and rural areas, in a manner that ensures geographically diversity of housing assisted under the program. (2) Annual reports.--The Secretary shall submit a report annually to the Congress on landlord compliance and participation in the demonstration program. (E) Participating units.--Identification of-- (i) the age of participating dwelling units; (ii) the block in which participating units are located and, if not available, the census tract in which participating units are located; (iii) the type of building in which participating units are located; and (iv) the number of participating units in which a lead-based paint hazard was discovered. (h) Authorization of Appropriations.--There is authorized to be appropriated $50,000,000 for fiscal years 2023 through 2027 to carry out this section. 5. RISK ASSESSMENTS. 4851b(25)) is amended-- (1) by redesignating subparagraph (E) as subparagraph (G); and (2) by striking subparagraphs (C) and (D) and inserting the following new subparagraphs: ``(C) dust sampling; ``(D) soil sampling; ``(E) paint testing; ``(F) water testing; and''. 6. 579. NOTICE TO ASSISTED FAMILIES REGARDING FAIR HOUSING RIGHTS AND LEAD-BASED PAINT. ``(b) Contents; Timing.--Written notice under this subsection shall be in the form developed under subsection (c) that is provided at the time of the selection or move, as applicable, described in subsection (a)(1), that includes information sufficient to describe to the applicant or assisted family-- ``(1) the adverse health effects lead poisoning can have on children under 6 years old; ``(2) their rights under the Fair Housing Act, the Americans with Disabilities Act (42 U.S.C. 12101), section 504 of the Rehabilitation Act (29 U.S.C. (or a waiver of such a plan) and children enrolled for child health assistance under a State child health plan under title XXI of such Act (42 U.S.C. (or a waiver of such a plan), are required to receive blood lead screening tests at ages 12 months and 24 months and that, in addition, any child between 24 and 72 months with no record of a previous blood lead screening test must receive such a screening test. SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

H.R.6962

Crime and Law Enforcement

District of Columbia Code Returning Citizens Coordination Act This bill requires the Bureau of Prisons (BOP) to provide specified information (e.g., the scheduled release date) to the Mayor of the District of Columbia for each person under the jurisdiction of the BOP pursuant to the National Capital Revitalization and Self-Government Improvement Act of 1997. The BOP must also provide, upon the request of the Mayor, such information to the Court Services and Offender Supervision Agency for the District. The Mayor of the District of Columbia may not disclose the provided information outside of the District government, except to counsel for the detained individuals, and to organizations that provide legal representation to individuals in criminal or post-conviction matters, or in matters related to re-entry.

To direct the Director of the Bureau of Prisons to provide information on certain persons under the jurisdiction of the Bureau of Prisons to the Mayor of the District of Columbia, 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 ``District of Columbia Code Returning Citizens Coordination Act''. SEC. 2. PROVISION OF INFORMATION TO THE MAYOR OF THE DISTRICT OF COLUMBIA RELATED TO CERTAIN PERSONS UNDER THE JURISDICTION OF THE BUREAU OF PRISONS. Notwithstanding any provision of law described in section 3, the Director of the Bureau of Prisons shall provide to the Mayor of the District of Columbia for each person under the jurisdiction of the Bureau of Prisons pursuant to the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105-33), the following: (1) Annually, the following information: (A) The name, date of birth, and Federal Register Number of the person. (B) The Bureau of Prisons facility where the person is housed. (C) The scheduled release date. (2) Upon the request of the Mayor, the information that the Director provides for such person to the Director of the Court Services and Offender Supervision Agency for the District of Columbia. SEC. 3. PROVISIONS OF LAW DESCRIBED. The provisions of law described in this section are as follows: (1) Title II of the Health Insurance Portability and Accountability Act of 1996 (including parts 160 and 165 of title 45, Code of Federal Regulations). (2) Section 543 of the Public Health Service Act (including part 2 of title 42, Code of Federal Regulations). (3) Section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act''). (4) Any other provision of Federal law that provides substantially similar protections for the privacy of information as the provisions of law described in paragraphs (1) through (3). SEC. 4. APPLICATION OF PRIVACY ACT. The provision of information under this Act shall be deemed to be a lawful disclosure under section 552a(b)(7) of title 5, United States Code. SEC. 5. PROHIBITION ON DISTRICT OF COLUMBIA DISCLOSURE. The Mayor of the District of Columbia may not disclose the information provided pursuant to this Act outside of the District of Columbia government, except that the Mayor may provide the information provided under paragraph (1) of section 2 to counsel for the detained individuals, and to organizations that provide legal representation to individuals in criminal or post-conviction matters, or in matters related to re-entry. <all>

District of Columbia Code Returning Citizens Coordination Act

To direct the Director of the Bureau of Prisons to provide information on certain persons under the jurisdiction of the Bureau of Prisons to the Mayor of the District of Columbia, and for other purposes.

District of Columbia Code Returning Citizens Coordination Act

Del. Norton, Eleanor Holmes

D

DC

This bill requires the Bureau of Prisons (BOP) to provide specified information (e.g., the scheduled release date) to the Mayor of the District of Columbia for each person under the jurisdiction of the BOP pursuant to the National Capital Revitalization and Self-Government Improvement Act of 1997. The BOP must also provide, upon the request of the Mayor, such information to the Court Services and Offender Supervision Agency for the District. The Mayor of the District of Columbia may not disclose the provided information outside of the District government, except to counsel for the detained individuals, and to organizations that provide legal representation to individuals in criminal or post-conviction matters, or in matters related to re-entry.

To direct the Director of the Bureau of Prisons to provide information on certain persons under the jurisdiction of the Bureau of Prisons to the Mayor of the District of Columbia, 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 ``District of Columbia Code Returning Citizens Coordination Act''. SEC. 2. PROVISION OF INFORMATION TO THE MAYOR OF THE DISTRICT OF COLUMBIA RELATED TO CERTAIN PERSONS UNDER THE JURISDICTION OF THE BUREAU OF PRISONS. Notwithstanding any provision of law described in section 3, the Director of the Bureau of Prisons shall provide to the Mayor of the District of Columbia for each person under the jurisdiction of the Bureau of Prisons pursuant to the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105-33), the following: (1) Annually, the following information: (A) The name, date of birth, and Federal Register Number of the person. (B) The Bureau of Prisons facility where the person is housed. (C) The scheduled release date. (2) Upon the request of the Mayor, the information that the Director provides for such person to the Director of the Court Services and Offender Supervision Agency for the District of Columbia. SEC. 3. PROVISIONS OF LAW DESCRIBED. The provisions of law described in this section are as follows: (1) Title II of the Health Insurance Portability and Accountability Act of 1996 (including parts 160 and 165 of title 45, Code of Federal Regulations). (2) Section 543 of the Public Health Service Act (including part 2 of title 42, Code of Federal Regulations). (3) Section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act''). (4) Any other provision of Federal law that provides substantially similar protections for the privacy of information as the provisions of law described in paragraphs (1) through (3). SEC. 4. APPLICATION OF PRIVACY ACT. The provision of information under this Act shall be deemed to be a lawful disclosure under section 552a(b)(7) of title 5, United States Code. SEC. 5. PROHIBITION ON DISTRICT OF COLUMBIA DISCLOSURE. The Mayor of the District of Columbia may not disclose the information provided pursuant to this Act outside of the District of Columbia government, except that the Mayor may provide the information provided under paragraph (1) of section 2 to counsel for the detained individuals, and to organizations that provide legal representation to individuals in criminal or post-conviction matters, or in matters related to re-entry. <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 ``District of Columbia Code Returning Citizens Coordination Act''. 2. PROVISION OF INFORMATION TO THE MAYOR OF THE DISTRICT OF COLUMBIA RELATED TO CERTAIN PERSONS UNDER THE JURISDICTION OF THE BUREAU OF PRISONS. Notwithstanding any provision of law described in section 3, the Director of the Bureau of Prisons shall provide to the Mayor of the District of Columbia for each person under the jurisdiction of the Bureau of Prisons pursuant to the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105-33), the following: (1) Annually, the following information: (A) The name, date of birth, and Federal Register Number of the person. (B) The Bureau of Prisons facility where the person is housed. (C) The scheduled release date. (2) Upon the request of the Mayor, the information that the Director provides for such person to the Director of the Court Services and Offender Supervision Agency for the District of Columbia. 3. PROVISIONS OF LAW DESCRIBED. The provisions of law described in this section are as follows: (1) Title II of the Health Insurance Portability and Accountability Act of 1996 (including parts 160 and 165 of title 45, Code of Federal Regulations). (2) Section 543 of the Public Health Service Act (including part 2 of title 42, Code of Federal Regulations). (3) Section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act''). 4. APPLICATION OF PRIVACY ACT. The provision of information under this Act shall be deemed to be a lawful disclosure under section 552a(b)(7) of title 5, United States Code. SEC. 5. PROHIBITION ON DISTRICT OF COLUMBIA DISCLOSURE. The Mayor of the District of Columbia may not disclose the information provided pursuant to this Act outside of the District of Columbia government, except that the Mayor may provide the information provided under paragraph (1) of section 2 to counsel for the detained individuals, and to organizations that provide legal representation to individuals in criminal or post-conviction matters, or in matters related to re-entry.

To direct the Director of the Bureau of Prisons to provide information on certain persons under the jurisdiction of the Bureau of Prisons to the Mayor of the District of Columbia, 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 ``District of Columbia Code Returning Citizens Coordination Act''. SEC. 2. PROVISION OF INFORMATION TO THE MAYOR OF THE DISTRICT OF COLUMBIA RELATED TO CERTAIN PERSONS UNDER THE JURISDICTION OF THE BUREAU OF PRISONS. Notwithstanding any provision of law described in section 3, the Director of the Bureau of Prisons shall provide to the Mayor of the District of Columbia for each person under the jurisdiction of the Bureau of Prisons pursuant to the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105-33), the following: (1) Annually, the following information: (A) The name, date of birth, and Federal Register Number of the person. (B) The Bureau of Prisons facility where the person is housed. (C) The scheduled release date. (2) Upon the request of the Mayor, the information that the Director provides for such person to the Director of the Court Services and Offender Supervision Agency for the District of Columbia. SEC. 3. PROVISIONS OF LAW DESCRIBED. The provisions of law described in this section are as follows: (1) Title II of the Health Insurance Portability and Accountability Act of 1996 (including parts 160 and 165 of title 45, Code of Federal Regulations). (2) Section 543 of the Public Health Service Act (including part 2 of title 42, Code of Federal Regulations). (3) Section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act''). (4) Any other provision of Federal law that provides substantially similar protections for the privacy of information as the provisions of law described in paragraphs (1) through (3). SEC. 4. APPLICATION OF PRIVACY ACT. The provision of information under this Act shall be deemed to be a lawful disclosure under section 552a(b)(7) of title 5, United States Code. SEC. 5. PROHIBITION ON DISTRICT OF COLUMBIA DISCLOSURE. The Mayor of the District of Columbia may not disclose the information provided pursuant to this Act outside of the District of Columbia government, except that the Mayor may provide the information provided under paragraph (1) of section 2 to counsel for the detained individuals, and to organizations that provide legal representation to individuals in criminal or post-conviction matters, or in matters related to re-entry. <all>

To direct the Director of the Bureau of Prisons to provide information on certain persons under the jurisdiction of the Bureau of Prisons to the Mayor of the District of Columbia, 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 ``District of Columbia Code Returning Citizens Coordination Act''. SEC. 2. PROVISION OF INFORMATION TO THE MAYOR OF THE DISTRICT OF COLUMBIA RELATED TO CERTAIN PERSONS UNDER THE JURISDICTION OF THE BUREAU OF PRISONS. Notwithstanding any provision of law described in section 3, the Director of the Bureau of Prisons shall provide to the Mayor of the District of Columbia for each person under the jurisdiction of the Bureau of Prisons pursuant to the National Capital Revitalization and Self-Government Improvement Act of 1997 (Public Law 105-33), the following: (1) Annually, the following information: (A) The name, date of birth, and Federal Register Number of the person. (B) The Bureau of Prisons facility where the person is housed. (C) The scheduled release date. (2) Upon the request of the Mayor, the information that the Director provides for such person to the Director of the Court Services and Offender Supervision Agency for the District of Columbia. SEC. 3. PROVISIONS OF LAW DESCRIBED. The provisions of law described in this section are as follows: (1) Title II of the Health Insurance Portability and Accountability Act of 1996 (including parts 160 and 165 of title 45, Code of Federal Regulations). (2) Section 543 of the Public Health Service Act (including part 2 of title 42, Code of Federal Regulations). (3) Section 552a of title 5, United States Code (commonly referred to as the ``Privacy Act''). (4) Any other provision of Federal law that provides substantially similar protections for the privacy of information as the provisions of law described in paragraphs (1) through (3). SEC. 4. APPLICATION OF PRIVACY ACT. The provision of information under this Act shall be deemed to be a lawful disclosure under section 552a(b)(7) of title 5, United States Code. SEC. 5. PROHIBITION ON DISTRICT OF COLUMBIA DISCLOSURE. The Mayor of the District of Columbia may not disclose the information provided pursuant to this Act outside of the District of Columbia government, except that the Mayor may provide the information provided under paragraph (1) of section 2 to counsel for the detained individuals, and to organizations that provide legal representation to individuals in criminal or post-conviction matters, or in matters related to re-entry. <all>

S.4064

International Affairs

International Nuclear Energy Act This bill addresses cooperation with other nations on nuclear energy-related issues. For example, the bill requires (1) the President to launch an international initiative to modernize outreach to embarking civil nuclear energy nations, which may include establishing cooperative financing relationships for the export of civil nuclear technology and materials; (2) the Department of State to meet with ally or partner nations with the aim of enhancing nuclear energy cooperation; and (3) the State Department to provide financial assistance to embarking civil nuclear energy nations for the development of civil nuclear energy programs.

To facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``International Nuclear Energy Act of 2022''.</DELETED> <DELETED>SEC. 2. DEFINITIONS.</DELETED> <DELETED> In this Act:</DELETED> <DELETED> (1) Advanced nuclear reactor.--The term ``advanced nuclear reactor'' has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).</DELETED> <DELETED> (2) Ally or partner nation.--The term ``ally or partner nation'' means the Government of each of the following:</DELETED> <DELETED> (A) A country that is a member of the North Atlantic Treaty Organization.</DELETED> <DELETED> (B) Japan.</DELETED> <DELETED> (C) The Republic of Korea.</DELETED> <DELETED> (D) Australia.</DELETED> <DELETED> (E) Switzerland.</DELETED> <DELETED> (F) Sweden.</DELETED> <DELETED> (G) Finland.</DELETED> <DELETED> (H) Any other country designated as an ally or partner nation by the Secretary of State for purposes of this Act.</DELETED> <DELETED> (3) Assistant.--The term ``Assistant'' means the Assistant to the President and Director for Nuclear Energy Policy described in section 3(a)(3)(A).</DELETED> <DELETED> (4) Associated entity.--The term ``associated entity'' means an entity that--</DELETED> <DELETED> (A) is owned, controlled, or dominated by--</DELETED> <DELETED> (i) an ally or partner nation; or</DELETED> <DELETED> (ii) an associated individual; or</DELETED> <DELETED> (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in any of subparagraphs (A) through (H) of paragraph (2), including a corporation that is incorporated in a country described in any of those subparagraphs.</DELETED> <DELETED> (5) Associated individual.--The term ``associated individual'' means an alien who is a national of a country described in any of subparagraphs (A) through (H) of paragraph (2).</DELETED> <DELETED> (6) Center.--The term ``Center'' means the Advanced Reactor Coordination and Resource Center established under section 11.</DELETED> <DELETED> (7) Embarking civil nuclear energy nation.--The term ``embarking civil nuclear energy nation'' means a country that--</DELETED> <DELETED> (A) does not have a civil nuclear program;</DELETED> <DELETED> (B) is in the process of developing or expanding a civil nuclear program, including safeguards and a legal and regulatory framework, for--</DELETED> <DELETED> (i) nuclear safety;</DELETED> <DELETED> (ii) nuclear security;</DELETED> <DELETED> (iii) radioactive waste management;</DELETED> <DELETED> (iv) civil nuclear energy;</DELETED> <DELETED> (v) nuclear liability; or</DELETED> <DELETED> (vi) advanced nuclear reactor licensing; or</DELETED> <DELETED> (C) is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced nuclear technologies.</DELETED> <DELETED> (8) High-assay low-enriched uranium.--The term ``high-assay low-enriched uranium'' has the meaning given the term in section 2001(d) of the Energy Act of 2020 (42 U.S.C. 16281(d)).</DELETED> <DELETED> (9) Low-enriched uranium.--The term ``low-enriched uranium'' means each of--</DELETED> <DELETED> (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act (42 U.S.C. 2297h)); and</DELETED> <DELETED> (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h- 10a(a))).</DELETED> <DELETED> (10) National strategic uranium reserve.--The term ``National Strategic Uranium Reserve'' means the National Strategic Uranium Reserve established under section 16(e)(1)(A).</DELETED> <DELETED> (11) Nuclear safety.--The term ``nuclear safety'' means issues relating to--</DELETED> <DELETED> (A) the safe operation of nuclear reactors and other nuclear facilities;</DELETED> <DELETED> (B) radiological protection of--</DELETED> <DELETED> (i) members of the public;</DELETED> <DELETED> (ii) workers; and</DELETED> <DELETED> (iii) the environment;</DELETED> <DELETED> (C) nuclear waste management;</DELETED> <DELETED> (D) emergency preparedness;</DELETED> <DELETED> (E) nuclear liability; and</DELETED> <DELETED> (F) the safe transportation of nuclear materials.</DELETED> <DELETED> (12) Secretary.--The term ``Secretary'' means the Secretary of Energy.</DELETED> <DELETED> (13) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).</DELETED> <DELETED> (14) Team usa.--The term ``Team USA'' means the interagency initiative to identify opportunities in emerging economies, embarking civil nuclear energy nations, and ally or partner nations for topics such as--</DELETED> <DELETED> (A) nuclear plant construction;</DELETED> <DELETED> (B) nuclear fuel services;</DELETED> <DELETED> (C) nuclear energy financing;</DELETED> <DELETED> (D) nuclear plant operations;</DELETED> <DELETED> (E) nuclear plant regulation;</DELETED> <DELETED> (F) nuclear medicine;</DELETED> <DELETED> (G) infrastructure support for nuclear energy;</DELETED> <DELETED> (H) nuclear plant decommissioning;</DELETED> <DELETED> (I) nuclear liability;</DELETED> <DELETED> (J) storage and disposal of spent nuclear fuel; and</DELETED> <DELETED> (K) technology related to the matters described in subparagraphs (A) through (J).</DELETED> <DELETED> (15) U.S. nuclear energy company.--The term ``U.S. nuclear energy company'' means a company that--</DELETED> <DELETED> (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and</DELETED> <DELETED> (B) is involved in the nuclear energy industry.</DELETED> <DELETED>SEC. 3. CIVIL NUCLEAR COORDINATION AND STRATEGY.</DELETED> <DELETED> (a) Office of the Assistant to the President and Director for Nuclear Energy Policy.--</DELETED> <DELETED> (1) Establishment.--There is established in the Executive Office of the President an office, to be known as the ``Office of the Assistant to the President and Director for Nuclear Energy Policy'' (referred to in this subsection as the ``Office'').</DELETED> <DELETED> (2) Mission.--The Office shall act as the single coordinating office for--</DELETED> <DELETED> (A) civil nuclear cooperation; and</DELETED> <DELETED> (B) civil nuclear export strategy.</DELETED> <DELETED> (3) Leadership.--</DELETED> <DELETED> (A) Assistant.--</DELETED> <DELETED> (i) In general.--The Office shall be headed by the Assistant to the President and Director for Nuclear Energy Policy, who shall be appointed by the President.</DELETED> <DELETED> (ii) Reporting.--The Assistant shall report directly to the President.</DELETED> <DELETED> (B) Deputy assistant.--</DELETED> <DELETED> (i) In general.--The Assistant shall appoint a Deputy Assistant with experience in advising on civil nuclear project development and financing.</DELETED> <DELETED> (ii) Reporting.--The Deputy Assistant shall report directly to the Assistant.</DELETED> <DELETED> (4) Duties.--</DELETED> <DELETED> (A) In general.--The Assistant, in consultation with the Deputy Assistant, shall-- </DELETED> <DELETED> (i) coordinate the civil nuclear export policy of the United States;</DELETED> <DELETED> (ii) develop a cohesive Federal strategy for engagement with foreign governments (including ally or partner nations and the governments of embarking civil nuclear energy nations), associated entities, associated individuals, and international lending institutions with respect to civil nuclear exports;</DELETED> <DELETED> (iii) coordinate with the officials described in subparagraph (B) to ensure that necessary framework agreements and trade controls relating to civil nuclear materials and technologies are in place for key markets; and</DELETED> <DELETED> (iv) develop--</DELETED> <DELETED> (I) a whole-of-government coordinating strategy for civil nuclear cooperation;</DELETED> <DELETED> (II) a whole-of-government strategy for civil nuclear exports; and</DELETED> <DELETED> (III) a whole-of- government approach to support foreign investment in domestic construction projects.</DELETED> <DELETED> (B) Officials described.--The officials referred to in subparagraph (A)(iii) are--</DELETED> <DELETED> (i) the appropriate officials of-- </DELETED> <DELETED> (I) the Department of State;</DELETED> <DELETED> (II) the Department of Energy;</DELETED> <DELETED> (III) the Department of Commerce;</DELETED> <DELETED> (IV) the Nuclear Regulatory Commission;</DELETED> <DELETED> (V) the Department of Defense;</DELETED> <DELETED> (VI) the National Security Council;</DELETED> <DELETED> (VII) the National Economic Council;</DELETED> <DELETED> (VIII) the Office of the United States Trade Representative;</DELETED> <DELETED> (IX) the Office of Management and Budget;</DELETED> <DELETED> (X) the Office of the Director of National Intelligence;</DELETED> <DELETED> (XI) the Export-Import Bank of the United States;</DELETED> <DELETED> (XII) the United States International Development Finance Corporation;</DELETED> <DELETED> (XIII) the United States Trade and Development Agency; and</DELETED> <DELETED> (XIV) the Office of Science and Technology Policy; and</DELETED> <DELETED> (ii) appropriate officials representing foreign countries and governments, including--</DELETED> <DELETED> (I) ally or partner nations;</DELETED> <DELETED> (II) embarking civil nuclear energy nations; and</DELETED> <DELETED> (III) any other country or government that the Assistant, in consultation with the Deputy Assistant and the officials described in clause (i), determines to be appropriate.</DELETED> <DELETED> (5) Staff.--</DELETED> <DELETED> (A) Senior advisors.--</DELETED> <DELETED> (i) In general.--The Assistant shall select a staff of not fewer than 4, and not more than 6, Senior Advisors to assist in the mission of the Office.</DELETED> <DELETED> (ii) Requirement.--The Senior Advisors selected under clause (i) shall be composed of individuals with diverse industry and government backgrounds, including individuals with backgrounds in--</DELETED> <DELETED> (I) project financing;</DELETED> <DELETED> (II) construction development and management;</DELETED> <DELETED> (III) contract structuring, risk allocation, and nuclear liability;</DELETED> <DELETED> (IV) regulatory, licensing, and safeguards processes;</DELETED> <DELETED> (V) civil nuclear electric and nonelectric applications of nuclear technologies;</DELETED> <DELETED> (VI) government-to- government negotiations;</DELETED> <DELETED> (VII) social acceptance and environmental justice;</DELETED> <DELETED> (VIII) human infrastructure development;</DELETED> <DELETED> (IX) major project development;</DELETED> <DELETED> (X) international infrastructure financing; and</DELETED> <DELETED> (XI) nuclear safety and security requirements.</DELETED> <DELETED> (B) Other staff.--The Assistant may hire such other additional personnel as may be necessary to carry out the mission of the Office.</DELETED> <DELETED> (6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $2,000,000 for each of fiscal years 2023 through 2027.</DELETED> <DELETED> (b) Nuclear Exports Working Group.--</DELETED> <DELETED> (1) Establishment.--There is established a working group, to be known as the ``Nuclear Exports Working Group'' (referred to in this subsection as the ``working group'').</DELETED> <DELETED> (2) Composition.--The working group shall be composed of--</DELETED> <DELETED> (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from--</DELETED> <DELETED> (i) the Department of State;</DELETED> <DELETED> (ii) the Department of Commerce;</DELETED> <DELETED> (iii) the Department of Energy;</DELETED> <DELETED> (iv) the Department of the Treasury;</DELETED> <DELETED> (v) the Export-Import Bank of the United States;</DELETED> <DELETED> (vi) the United States International Development Finance Corporation;</DELETED> <DELETED> (vii) the Nuclear Regulatory Commission;</DELETED> <DELETED> (viii) the Office of the United States Trade Representative; and</DELETED> <DELETED> (ix) the United States Trade and Development Agency;</DELETED> <DELETED> (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and</DELETED> <DELETED> (C) any senior-level Federal official selected by the Assistant from any Federal agency or organization.</DELETED> <DELETED> (3) Reporting.--The working group shall report to the Assistant.</DELETED> <DELETED> (4) Duties.--The working group shall--</DELETED> <DELETED> (A) provide direction and advice to the Assistant; and</DELETED> <DELETED> (B) submit to the Civil Nuclear Trade Advisory Committee of the Department of Commerce and the Nuclear Energy Advisory Committee of the Department of Energy quarterly reports on the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 5-year civil nuclear trade strategy described in paragraph (5)(A).</DELETED> <DELETED> (5) Strategy.--</DELETED> <DELETED> (A) In general.--Not later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions.</DELETED> <DELETED> (B) Collaboration required.--In establishing the strategy under subparagraph (A), the working group shall collaborate with--</DELETED> <DELETED> (i) the Secretary;</DELETED> <DELETED> (ii) the Secretary of Commerce;</DELETED> <DELETED> (iii) the Secretary of State;</DELETED> <DELETED> (iv) the Secretary of the Treasury;</DELETED> <DELETED> (v) the Nuclear Regulatory Commission;</DELETED> <DELETED> (vi) the President of the Export- Import Bank of the United States;</DELETED> <DELETED> (vii) the Chief Executive Officer of the United States International Development Finance Corporation;</DELETED> <DELETED> (viii) the United States Trade Representative; and</DELETED> <DELETED> (ix) representatives of private industry.</DELETED> <DELETED>SEC. 4. ENGAGEMENT WITH ALLY OR PARTNER NATIONS.</DELETED> <DELETED> (a) In General.--The Secretary of State, in coordination with the Secretary, the Nuclear Regulatory Commission, Team USA, and the Assistant, shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach carried out by the United States for the purpose of establishing cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to countries in the coalition described in subsection (b).</DELETED> <DELETED> (b) Coalition Described.--The coalition referred to in subsection (a) is a coalition of countries that--</DELETED> <DELETED> (1) is developed for purposes of carrying out the initiative described in subsection (a); and</DELETED> <DELETED> (2) includes each ally or partner nation that is willing to participate in the coalition.</DELETED> <DELETED> (c) Activities.--In carrying out the initiative described in subsection (a), the Secretary of State shall--</DELETED> <DELETED> (1) assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy in providing education and training to foreign governments in nuclear safety, security, and safeguards--</DELETED> <DELETED> (A) through engagement with the International Atomic Energy Agency; or</DELETED> <DELETED> (B) independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently;</DELETED> <DELETED> (2) assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear energy nations for nuclear safety, security, and safeguards;</DELETED> <DELETED> (3) expand outreach by the Assistant to the private investment community to create public-private financing relationships to assist in the export of civil nuclear technology to countries in the coalition described in subsection (b);</DELETED> <DELETED> (4) seek to coordinate, to the maximum extent practicable, the work carried out by each of--</DELETED> <DELETED> (A) the Nuclear Regulatory Commission;</DELETED> <DELETED> (B) the Department of Energy;</DELETED> <DELETED> (C) the Department of Commerce;</DELETED> <DELETED> (D) the International Atomic Energy Agency;</DELETED> <DELETED> (E) the Nuclear Energy Agency; and</DELETED> <DELETED> (F) the nuclear regulatory agencies and organizations of embarking civil nuclear energy nations and ally or partner nations; and</DELETED> <DELETED> (5) improve the regulatory framework to allow for the expeditious exporting and importing of civil nuclear technologies and materials.</DELETED> <DELETED>SEC. 5. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR ENERGY NATIONS.</DELETED> <DELETED> (a) In General.--The Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation, in coordination with the Assistant, shall develop cooperative financing relationships with ally or partner nations or embarking civil nuclear energy nations to advance civil nuclear exports from the United States to ally or partner nations or embarking civil nuclear energy nations.</DELETED> <DELETED> (b) United States Competitiveness Clauses.--</DELETED> <DELETED> (1) Definition of united states competitiveness clause.--In this subsection, the term ``United States competitiveness clause'' means any United States competitiveness provision in any agreement entered into by the Department of Energy, including--</DELETED> <DELETED> (A) a cooperative agreement;</DELETED> <DELETED> (B) a cooperative research and development agreement; and</DELETED> <DELETED> (C) a patent waiver.</DELETED> <DELETED> (2) Consideration.--In carrying out subsection (a), the Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation shall consider the impact of United States competitiveness clauses on any cooperative financing relationships entered into or proposed to be entered into under that subsection.</DELETED> <DELETED> (3) Waiver.--The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate cooperative financing relationships with ally or partner nations or embarking civil nuclear energy nations under subsection (a).</DELETED> <DELETED>SEC. 6. FAST-TRACK PROCEDURES AND EXPORT CONTROLS.</DELETED> <DELETED> Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate a regulation revising part 810 of title 10, Code of Federal Regulations, to establish fast-track procedures for obtaining specific authorizations for exports, which may be similar to existing fast-track procedures in existing Federal export-control regulations--</DELETED> <DELETED> (1) for deemed exports to--</DELETED> <DELETED> (A) a list of countries defined by the Secretary;</DELETED> <DELETED> (B) a list of countries defined by the Secretary of State;</DELETED> <DELETED> (C) a list of countries defined by the Secretary of the Treasury;</DELETED> <DELETED> (D) a list of countries defined by the Secretary of Commerce; or</DELETED> <DELETED> (E) destinations based on country criteria defined by the Secretary; or</DELETED> <DELETED> (2) for widely deployed technologies available from multiple suppliers, such as light water reactor technology.</DELETED> <DELETED>SEC. 7. COOPERATION WITH ALLY OR PARTNER NATIONS ON ADVANCED NUCLEAR REACTOR DEMONSTRATION AND COOPERATIVE RESEARCH FACILITIES.</DELETED> <DELETED> (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the Assistant, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies.</DELETED> <DELETED> (b) Requirement.--The meetings described in subsection (a) shall include--</DELETED> <DELETED> (1) a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing climate change by 2050; and</DELETED> <DELETED> (2) a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to-- </DELETED> <DELETED> (A) the demonstration and deployment of advanced nuclear reactors; and</DELETED> <DELETED> (B) the development of cooperative research facilities.</DELETED> <DELETED> (c) Financing Arrangements.--In conducting the meetings described in subsection (a), the Secretary of State, in coordination with the Secretary, the Secretary of Commerce, and the Assistant, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings.</DELETED> <DELETED> (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary, the Secretary of State, and the Secretary of Commerce shall jointly submit to Congress a report highlighting potential partners--</DELETED> <DELETED> (1) for the establishment of cost-share arrangements described in subsection (c); or</DELETED> <DELETED> (2) with which the United States may enter into agreements with respect to--</DELETED> <DELETED> (A) the demonstration of advanced nuclear reactors; or</DELETED> <DELETED> (B) cooperative research facilities.</DELETED> <DELETED>SEC. 8. INTERNATIONAL NUCLEAR ENERGY COOPERATION.</DELETED> <DELETED> Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is amended--</DELETED> <DELETED> (1) in the matter preceding paragraph (1), by striking ``The Secretary'' and inserting the following:</DELETED> <DELETED> ``(a) In General.--The Secretary'';</DELETED> <DELETED> (2) in subsection (a) (as so designated)-- </DELETED> <DELETED> (A) in paragraph (1)--</DELETED> <DELETED> (i) by striking ``financing,''; and</DELETED> <DELETED> (ii) by striking ``and'' after the semicolon at the end;</DELETED> <DELETED> (B) in paragraph (2)--</DELETED> <DELETED> (i) in subparagraph (A), by striking ``preparations for''; and</DELETED> <DELETED> (ii) in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and</DELETED> <DELETED> (C) by adding at the end the following:</DELETED> <DELETED> ``(3) to support, in consultation with the Secretary of State, the safe, secure, and peaceful use of nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People's Republic of China; and</DELETED> <DELETED> ``(4) to promote the fullest utilization of United States reactors, fuel, equipment, services, and technology in nuclear energy programs outside the United States through-- </DELETED> <DELETED> ``(A) bilateral and multilateral arrangements that contain commitments for the utilization of United States reactors, fuel, equipment, services, and technology;</DELETED> <DELETED> ``(B) the designation of 1 or more U.S. nuclear energy companies (as defined in section 2 of the International Nuclear Energy Act of 2022) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section;</DELETED> <DELETED> ``(C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section; and</DELETED> <DELETED> ``(D) the issuance of loans, loan guarantees, other financial assistance, or assistance in the form of an equity interest to carry out activities related to an arrangement under subparagraph (A), to the extent appropriated funds are available.''; and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(b) Requirements.--The program under subsection (a) shall--</DELETED> <DELETED> ``(1) with respect to the function described in subsection (a)(3), be modeled after the International Military Education and Training program of the Department of State; and</DELETED> <DELETED> ``(2) be carried out--</DELETED> <DELETED> ``(A) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as--</DELETED> <DELETED> ``(i) training;</DELETED> <DELETED> ``(ii) financing;</DELETED> <DELETED> ``(iii) safety;</DELETED> <DELETED> ``(iv) security;</DELETED> <DELETED> ``(v) safeguards;</DELETED> <DELETED> ``(vi) liability;</DELETED> <DELETED> ``(vii) advanced fuels;</DELETED> <DELETED> ``(viii) operations; and</DELETED> <DELETED> ``(ix) options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); and</DELETED> <DELETED> ``(B) in coordination with--</DELETED> <DELETED> ``(i) the National Security Council;</DELETED> <DELETED> ``(ii) the Secretary of State;</DELETED> <DELETED> ``(iii) the Secretary of Commerce; and</DELETED> <DELETED> ``(iv) the Nuclear Regulatory Commission.</DELETED> <DELETED> ``(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out subsection (a)(3) $15,500,000 for each of fiscal years 2022 through 2026.''.</DELETED> <DELETED>SEC. 9. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT.</DELETED> <DELETED> (a) In General.--Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Assistant, shall launch an international initiative (referred to in this section as the ``initiative'') to provide grants, in accordance with this section--</DELETED> <DELETED> (1) to embarking civil nuclear energy nations for activities relating to the development of civil nuclear programs; and</DELETED> <DELETED> (2) to ally or partner nations for the construction of nuclear reactors and advanced nuclear reactors.</DELETED> <DELETED> (b) Grants.--</DELETED> <DELETED> (1) In general.--In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant, may award not more than 1 grant to each country, including each embarking civil nuclear energy nation, each fiscal year.</DELETED> <DELETED> (2) Amount.--The amount of a grant awarded under the initiative shall be not more than $5,500,000.</DELETED> <DELETED> (3) Limitation.--The Secretary of State, in coordination with the Secretary and the Assistant, may award not more than a total of 5 grants under the initiative to a single country, including each embarking civil nuclear energy nation.</DELETED> <DELETED> (c) Senior Advisors.--</DELETED> <DELETED> (1) In general.--In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant, shall provide a grant to an embarking civil nuclear energy nation with the option for a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear energy nation in establishing a civil nuclear program.</DELETED> <DELETED> (2) Requirement.--A senior advisor described in paragraph (1) shall seek to advise the embarking civil nuclear energy nation on, and facilitate on behalf of the embarking civil nuclear energy nation, 1 or more of the following:</DELETED> <DELETED> (A) The development of financing relationships.</DELETED> <DELETED> (B) The development of a standardized financing and project management framework for the construction of nuclear power plants.</DELETED> <DELETED> (C) The development of a standardized licensing framework for--</DELETED> <DELETED> (i) light water civil nuclear technologies; and</DELETED> <DELETED> (ii) non-light water civil nuclear technologies and advanced nuclear reactors.</DELETED> <DELETED> (D) The identification of qualified organizations and service providers.</DELETED> <DELETED> (E) The identification of funds to support payment for services required to develop a civil nuclear program.</DELETED> <DELETED> (F) Market analysis.</DELETED> <DELETED> (G) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program.</DELETED> <DELETED> (H) Risk allocation, risk management, and nuclear liability.</DELETED> <DELETED> (I) Technical assessments of nuclear reactors and technologies.</DELETED> <DELETED> (J) The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15-415).</DELETED> <DELETED> (K) Stakeholder engagement.</DELETED> <DELETED> (L) Management of spent nuclear fuel and nuclear waste.</DELETED> <DELETED> (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements.</DELETED> <DELETED> (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027.</DELETED> <DELETED>SEC. 10. BIENNIAL NUCLEAR SAFETY, SECURITY, SAFEGUARDS, AND SUSTAINABILITY SUMMIT.</DELETED> <DELETED> (a) In General.--The Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Nuclear Regulatory Commission, and the Assistant shall hold a biennial nuclear safety, security, safeguards, and sustainability summit (referred to in this section as a ``summit''), the first of which shall be held on the date that is 180 days after the date of enactment of this Act.</DELETED> <DELETED> (b) Location.--Each summit shall be held in--</DELETED> <DELETED> (1) Washington, DC; or</DELETED> <DELETED> (2) a country described in any of subparagraphs (A) through (H) of section 2(2).</DELETED> <DELETED> (c) Requirement.--Each summit shall--</DELETED> <DELETED> (1) be a forum in which leaders of ally or partner nations may engage with each other for the purpose of reinforcing the commitment to nuclear safety, security, safeguards, and sustainability; and</DELETED> <DELETED> (2) facilitate the development of--</DELETED> <DELETED> (A) joint commitments and goals to improve nuclear safety, security, safeguards, and sustainability;</DELETED> <DELETED> (B) stronger international institutions that support nuclear safety, security, safeguards, and sustainability; and</DELETED> <DELETED> (C) a global nuclear liability regime.</DELETED> <DELETED> (d) Input From Industry and Government.--Each summit shall include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to--</DELETED> <DELETED> (1) the safe and secure use, storage, and transport of nuclear and radiological materials;</DELETED> <DELETED> (2) managing the evolving cyber threat to nuclear and radiological security; and</DELETED> <DELETED> (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste.</DELETED> <DELETED> (e) Report.--</DELETED> <DELETED> (1) In general.--Not later than 120 days after the end of each summit, the Secretary, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Nuclear Regulatory Commission, and the Assistant shall jointly submit to Congress a report highlighting--</DELETED> <DELETED> (A) any commitments made by the United States or international partners of the United States, including an ally or partner nation, with respect to nuclear safety, security, safeguards, or sustainability; and</DELETED> <DELETED> (B) the objectives that the parties to those commitments agreed to meet.</DELETED> <DELETED> (2) Requirement.--The report under paragraph (1) shall detail--</DELETED> <DELETED> (A) any current and continuing nuclear security threat;</DELETED> <DELETED> (B) any progress made toward advancing nuclear security-related treaties;</DELETED> <DELETED> (C) any steps taken or needed to be taken--</DELETED> <DELETED> (i) to fulfill any obligations of the United States under existing nuclear security and safeguard treaties;</DELETED> <DELETED> (ii) to manage cyber threats; or</DELETED> <DELETED> (iii) to prevent the theft, sabotage, and illicit trafficking of nuclear materials, facilities, and technology, as applicable;</DELETED> <DELETED> (D) the role of the nuclear industry in preventing nuclear proliferation; and</DELETED> <DELETED> (E) any other topics discussed during the summit that relate to nuclear safety, security, safeguards, or sustainability.</DELETED> <DELETED>SEC. 11. ADVANCED REACTOR COORDINATION AND RESOURCE CENTER.</DELETED> <DELETED> The Secretary, in coordination with the Secretary of State, the Secretary of Commerce, the Chairman of the Nuclear Regulatory Commission, the President of the Export-Import Bank of the United States, and the Chief Executive Officer of the United States International Development Finance Corporation, shall establish a center, to be known as the ``Advanced Reactor Coordination and Resource Center'', for the purposes of--</DELETED> <DELETED> (1) identifying qualified organizations and service providers--</DELETED> <DELETED> (A) for embarking civil nuclear energy nations;</DELETED> <DELETED> (B) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and</DELETED> <DELETED> (C) to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency;</DELETED> <DELETED> (2) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)--</DELETED> <DELETED> (A) to identify funds to support payment for services required to develop a civil nuclear program;</DELETED> <DELETED> (B) to provide market analysis; and</DELETED> <DELETED> (C) to create--</DELETED> <DELETED> (i) project structure models;</DELETED> <DELETED> (ii) models for electricity market analysis;</DELETED> <DELETED> (iii) models for nonelectric applications market analysis; and</DELETED> <DELETED> (iv) financial models;</DELETED> <DELETED> (3) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program;</DELETED> <DELETED> (4) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience;</DELETED> <DELETED> (5) developing and strengthening communications, engagement, and consensus-building;</DELETED> <DELETED> (6) carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program;</DELETED> <DELETED> (7) developing mechanisms for how to fund and staff the Center; and</DELETED> <DELETED> (8) determining mechanisms for the selection of the location or locations of the Center.</DELETED> <DELETED>SEC. 12. BIENNIAL CIVIL NUCLEAR VENDOR SUMMIT.</DELETED> <DELETED> (a) In General.--The Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, the Chief Executive Officer of the United States International Development Finance Corporation, and the Assistant shall hold a biennial civil nuclear vendor summit (referred to in this section as a ``summit''), the first of which shall be held on the date that is 180 days after the date of enactment of this Act.</DELETED> <DELETED> (b) Location.--Each summit shall be held in--</DELETED> <DELETED> (1) Washington, DC; or</DELETED> <DELETED> (2) a country described in any of subparagraphs (A) through (H) of section 2(2).</DELETED> <DELETED> (c) Requirement.--Each summit shall--</DELETED> <DELETED> (1) be a forum in which leaders of ally or partner nations may engage with each other for the purpose of promoting the peaceful, responsible, and safe use of civil nuclear technologies; and</DELETED> <DELETED> (2) facilitate--</DELETED> <DELETED> (A) the development of--</DELETED> <DELETED> (i) cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing;</DELETED> <DELETED> (ii) a standardized financing and project management framework for the construction of nuclear power plants;</DELETED> <DELETED> (iii) a standardized licensing framework for civil nuclear technologies;</DELETED> <DELETED> (iv) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects;</DELETED> <DELETED> (v) a document containing any lessons learned from countries that have partnered with the Russian Federation or the People's Republic of China with respect to nuclear power, including any detrimental outcomes resulting from that partnership; and</DELETED> <DELETED> (vi) a global nuclear liability regime;</DELETED> <DELETED> (B) cooperation for enhancing the overall aspects of civil nuclear power, such as--</DELETED> <DELETED> (i) nuclear safety, security, and safeguards;</DELETED> <DELETED> (ii) nuclear laws (including regulations);</DELETED> <DELETED> (iii) waste management;</DELETED> <DELETED> (iv) quality management systems;</DELETED> <DELETED> (v) technology transfer;</DELETED> <DELETED> (vi) human resources development;</DELETED> <DELETED> (vii) localization;</DELETED> <DELETED> (viii) reactor operations;</DELETED> <DELETED> (ix) nuclear liability; and</DELETED> <DELETED> (x) decommissioning; and</DELETED> <DELETED> (C) the development and determination of the mechanisms described in paragraphs (7) and (8) of section 11.</DELETED> <DELETED> (d) Report.--</DELETED> <DELETED> (1) In general.--Not later than 120 days after the end of each summit, the Secretary, the Secretary of State, the Secretary of Commerce, the President of the Export-Import Bank of the United States, the Chief Executive Officer of the United States International Development Finance Corporation, and the Assistant shall jointly submit to Congress a report highlighting--</DELETED> <DELETED> (A) any commitments made by the United States or international partners of the United States, including an ally or partner nation, with respect to international civil nuclear export practices; and</DELETED> <DELETED> (B) the objectives that the parties to those commitments agreed to meet.</DELETED> <DELETED> (2) Requirement.--The report under paragraph (1) shall detail--</DELETED> <DELETED> (A) any steps taken to establish common financing relationships;</DELETED> <DELETED> (B) any progress made toward establishing a standardized financing, project management, and licensing framework;</DELETED> <DELETED> (C) any changes to the internal policies of multinational development banks, such as the World Bank, to support civil nuclear projects;</DELETED> <DELETED> (D) any steps taken or needed to be taken--</DELETED> <DELETED> (i) to rectify any obstacles that were identified after the applicable civil nuclear vendor summit but were unforeseen at the time of, and not discussed at, that summit;</DELETED> <DELETED> (ii) to enable early-stage day-to- day support of embarking civil nuclear energy nations;</DELETED> <DELETED> (iii) to address any gaps in the whole-of-government approach to international civil nuclear cooperation, exports, and investment developed by the Assistant; or</DELETED> <DELETED> (iv) to improve the role of the Assistant in international outreach;</DELETED> <DELETED> (E) the role of the nuclear industry in establishing cooperative relationships; and</DELETED> <DELETED> (F) the competitiveness of available United States financing packages for civil nuclear exports, relative to international competitors.</DELETED> <DELETED>SEC. 13. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP.</DELETED> <DELETED> (a) Establishment.--There is established a working group, to be known as the ``Strategic Infrastructure Fund Working Group'' (referred to in this section as the ``working group'').</DELETED> <DELETED> (b) Composition.--The working group shall be--</DELETED> <DELETED> (1) led by the Assistant; and</DELETED> <DELETED> (2) composed of--</DELETED> <DELETED> (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from--</DELETED> <DELETED> (i) the Department of State;</DELETED> <DELETED> (ii) the Department of the Treasury;</DELETED> <DELETED> (iii) the Department of Commerce;</DELETED> <DELETED> (iv) the Department of Energy;</DELETED> <DELETED> (v) the Export-Import Bank of the United States;</DELETED> <DELETED> (vi) the United States International Development Finance Corporation; and</DELETED> <DELETED> (vii) the Nuclear Regulatory Commission;</DELETED> <DELETED> (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and</DELETED> <DELETED> (C) any senior-level Federal official selected by the Assistant from any Federal agency or organization.</DELETED> <DELETED> (c) Reporting.--The working group shall report to the National Security Council.</DELETED> <DELETED> (d) Duties.--The working group shall--</DELETED> <DELETED> (1) provide direction and advice to the Assistant with respect to the establishment of a Strategic Infrastructure Fund (referred to in this subsection as the ``Fund'') to be used--</DELETED> <DELETED> (A) to support those aspects of projects relating to--</DELETED> <DELETED> (i) civil nuclear technologies;</DELETED> <DELETED> (ii) rare earth elements and critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))); and</DELETED> <DELETED> (iii) microprocessors; and</DELETED> <DELETED> (B) for strategic investments identified by the working group; and</DELETED> <DELETED> (2) address critical areas in determining the appropriate design for the Fund, including--</DELETED> <DELETED> (A) transfer of assets to the Fund;</DELETED> <DELETED> (B) transfer of assets from the Fund;</DELETED> <DELETED> (C) how assets in the Fund should be invested; and</DELETED> <DELETED> (D) governance and implementation of the Fund.</DELETED> <DELETED> (e) Report Required.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund.</DELETED> <DELETED> (2) Committees described.--The committees referred to in paragraph (1) are--</DELETED> <DELETED> (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and</DELETED> <DELETED> (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives.</DELETED> <DELETED>SEC. 14. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED STATES.</DELETED> <DELETED> (a) Commercial Licenses.--Section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence--</DELETED> <DELETED> (1) by inserting ``for a production facility'' after ``No license''; and</DELETED> <DELETED> (2) by striking ``any any'' and inserting ``any''.</DELETED> <DELETED> (b) Medical Therapy and Research Development Licenses.-- Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended, in the second sentence, by inserting ``for a production facility'' after ``No license''.</DELETED> <DELETED>SEC. 15. MODIFICATION OF POWERS AND FUNCTIONS OF THE EXPORT- IMPORT BANK OF THE UNITED STATES.</DELETED> <DELETED> (a) Modification of Prohibition on Financing.--Section 2(b)(5) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(5)) is amended, in the first sentence, by striking ``any liquid metal fast breeder nuclear reactor or''.</DELETED> <DELETED> (b) Expansion of Program on Transformational Exports.-- </DELETED> <DELETED> (1) In general.--Section 2(l) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(l)) is amended--</DELETED> <DELETED> (A) in the subsection heading, by striking ``China and'';</DELETED> <DELETED> (B) in paragraph (1)--</DELETED> <DELETED> (i) in the matter preceding subparagraph (A)--</DELETED> <DELETED> (I) by striking ``The Bank shall establish a Program on China and'' and inserting ``Notwithstanding the Arrangement, the Bank shall establish a Program on'';</DELETED> <DELETED> (II) by striking ``conditions,'' and inserting ``conditions that, in the judgement of the Board of Directors of the Bank, offer sufficient likelihood of repayment to justify the loan, guarantee, or insurance, as applicable,''; and</DELETED> <DELETED> (III) by striking ``by the People's Republic of China or'';</DELETED> <DELETED> (ii) in subparagraph (A), by striking ``by the People's Republic of China or''; and</DELETED> <DELETED> (iii) in subparagraph (B)-- </DELETED> <DELETED> (I) in the matter preceding clause (i), by striking ``the People's Republic of China'' and inserting ``covered countries'';</DELETED> <DELETED> (II) by redesignating clauses (viii) through (xi) as clauses (ix) through (xii), respectively; and</DELETED> <DELETED> (III) by inserting after clause (vii) the following:</DELETED> <DELETED> ``(viii) Civil nuclear facilities, material, technologies, and related goods and services that support the development of an effective nuclear energy sector.'';</DELETED> <DELETED> (C) by striking paragraph (2);</DELETED> <DELETED> (D) by redesignating paragraph (3) as paragraph (2);</DELETED> <DELETED> (E) in paragraph (2), as so redesignated-- </DELETED> <DELETED> (i) in subparagraph (A), by striking ``China and'';</DELETED> <DELETED> (ii) in subparagraph (B)-- </DELETED> <DELETED> (I) in the matter preceding clause (i), by striking ``the People's Republic of China is'' and inserting ``the People's Republic of China and the Russian Federation are''; and</DELETED> <DELETED> (II) in clause (i), by striking ``; and'' and inserting ``; or'';</DELETED> <DELETED> (iii) in subparagraph (C)-- </DELETED> <DELETED> (I) in the subparagraph heading, by striking ``Sunset and'';</DELETED> <DELETED> (II) by striking the first sentence; and</DELETED> <DELETED> (III) by striking ``4 years after enactment of this subsection'' and inserting ``December 20, 2023''; and</DELETED> <DELETED> (iv) in subparagraph (D), by striking ``China and''; and</DELETED> <DELETED> (F) by adding at the end the following:</DELETED> <DELETED> ``(3) Sunset.--The Program on Transformational Exports shall expire on December 31, 2026.</DELETED> <DELETED> ``(4) Definitions.--In this subsection:</DELETED> <DELETED> ``(A) Arrangement.--The term `Arrangement' means the Arrangement on Officially Supported Export Credits of the Organization for Economic Cooperation and Development.</DELETED> <DELETED> ``(B) Covered country.--The term `covered country' means--</DELETED> <DELETED> ``(i) the People's Republic of China;</DELETED> <DELETED> ``(ii) the Russian Federation; or</DELETED> <DELETED> ``(iii) any country that-- </DELETED> <DELETED> ``(I) the Secretary of the Treasury designates as a covered country in a report to the Committee on Banking, Housing, and Urban Development of the Senate and the Committee on Financial Services of the House of Representatives;</DELETED> <DELETED> ``(II) is not a participant in the Arrangement; and</DELETED> <DELETED> ``(III) is not in substantial compliance with the financial terms and conditions of the Arrangement.''.</DELETED> <DELETED> (2) Conforming amendment.--Section 8(l) of the Export-Import Bank Act of 1945 (12 U.S.C. 635g(l)) is amended-- </DELETED> <DELETED> (A) in the subsection heading, by striking ``Under the'' and all that follows through ``Exports'' and inserting ``Under the Program on Transformational Exports''; and</DELETED> <DELETED> (B) by striking ``China and''.</DELETED> <DELETED> (c) Reporting on Financing Related to People's Republic of China and Russian Federation.--Section 408 of title IV of division I of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94; 12 U.S.C. 635 note) is amended--</DELETED> <DELETED> (1) in the section heading, by striking ``china'' and inserting ``the people's republic of china and the russian federation'';</DELETED> <DELETED> (2) in subsection (a), in the matter preceding paragraph (1), by striking ``the government of China'' and inserting ``the Government of the People's Republic of China or the Government of the Russian Federation'';</DELETED> <DELETED> (3) in subsection (c)(1)(C), by striking ``the government of China'' and inserting ``the Government of the People's Republic of China or the Government of the Russian Federation'';</DELETED> <DELETED> (4) by striking subsection (d) and inserting the following:</DELETED> <DELETED> ``(d) Definitions.--In this section:</DELETED> <DELETED> ``(1) Government of the people's republic of china.--The term `Government of the People's Republic of China' means any person that the Bank has reason to believe is-- </DELETED> <DELETED> ``(A) the state and the Government of the People's Republic of China, as well as any political subdivision, agency, or instrumentality thereof;</DELETED> <DELETED> ``(B) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing;</DELETED> <DELETED> ``(C) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and</DELETED> <DELETED> ``(D) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing.</DELETED> <DELETED> ``(2) Government of the russian federation.--The term `Government of the Russian Federation' means any person that the Bank has reason to believe is--</DELETED> <DELETED> ``(A) the state and the Government of the Russian Federation, as well as any political subdivision, agency, or instrumentality thereof;</DELETED> <DELETED> ``(B) any entity controlled, directly or indirectly, by any of the foregoing, including any partnership, association, or other entity in which any of the foregoing owns a 50 percent or greater interest or a controlling interest, and any entity which is otherwise controlled by any of the foregoing;</DELETED> <DELETED> ``(C) any person that is or has been acting or purporting to act, directly or indirectly, for or on behalf of any of the foregoing; and</DELETED> <DELETED> ``(D) any other person which the Secretary of the Treasury has notified the Bank is included in any of the foregoing.''; and</DELETED> <DELETED> (5) in subsection (e)(2), in the matter preceding subparagraph (A), by striking ``China is'' and inserting ``the People's Republic of China and the Russian Federation are''.</DELETED> <DELETED>SEC. 16. U.S. NUCLEAR FUELS SECURITY INITIATIVE TO REDUCE RELIANCE ON NUCLEAR FUELS FROM RUSSIA AND CHINA.</DELETED> <DELETED> (a) Objectives.--The objectives of this section are-- </DELETED> <DELETED> (1) to expeditiously increase domestic production of low-enriched uranium (referred to in this section as ``LEU'') by an annual amount determined by the Secretary to be appropriate to reduce the reliance of the United States and ally or partner nations on nuclear fuels from--</DELETED> <DELETED> (A) the Russian Federation; and</DELETED> <DELETED> (B) the People's Republic of China;</DELETED> <DELETED> (2) to expeditiously increase domestic production of high-assay low-enriched uranium (referred to in this section as ``HALEU'') by an annual amount determined by the Secretary to be sufficient to meet the needs of the consortium established under section 2001(a)(2)(F) of the Energy Policy Act of 2020 (42 U.S.C. 16281(a)(2)(F));</DELETED> <DELETED> (3) to ensure the availability of domestically produced and converted uranium in an amount determined by the Secretary to be sufficient to address a reasonably anticipated supply disruption;</DELETED> <DELETED> (4) to promote the domestic production, conversion, and enrichment of uranium; and</DELETED> <DELETED> (5) to promote the deployment of United States uranium enrichment technology.</DELETED> <DELETED> (b) Definition of Programs.--In this section, the term ``Programs'' means--</DELETED> <DELETED> (1) the Nuclear Fuel Security Program established under subsection (c)(1);</DELETED> <DELETED> (2) the National Strategic Uranium Reserve Program established under subsection (c)(2); and</DELETED> <DELETED> (3) the American Assured Fuel Supply Program of the Department of Energy.</DELETED> <DELETED> (c) Establishment.--The Secretary, consistent with the objectives described in subsection (a), shall establish--</DELETED> <DELETED> (1) a program, to be known as the ``Nuclear Fuel Security Program'', to reduce the reliance of the United States and ally or partner nations on nuclear fuels from the Russian Federation and the People's Republic of China by increasing the amounts of LEU and HALEU produced by U.S. nuclear energy companies; and</DELETED> <DELETED> (2) a program, to be known as the ``National Strategic Uranium Reserve Program'', to ensure the availability of domestically produced and converted uranium in the event of a supply disruption.</DELETED> <DELETED> (d) Nuclear Fuel Security Program.--In carrying out the Nuclear Fuel Security Program, the Secretary shall--</DELETED> <DELETED> (1) not later than 1 year after the date of enactment of this Act, select 1 or more U.S. nuclear energy companies to produce LEU in amounts and timeframes specified by the Secretary;</DELETED> <DELETED> (2) not later than 1 year after the date of enactment of this Act, select 1 or more U.S. nuclear energy companies to produce HALEU in amounts and timeframes specified by the Secretary;</DELETED> <DELETED> (3) utilize only uranium produced and converted in the United States or a country described in any of subparagraphs (A) through (H) of section 2(2);</DELETED> <DELETED> (4) coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and</DELETED> <DELETED> (5) take other actions that the Secretary determines to be necessary or appropriate to reduce the reliance of the United States and ally or partner nations on nuclear fuels from the Russian Federation and the People's Republic of China.</DELETED> <DELETED> (e) National Strategic Uranium Reserve Program.-- </DELETED> <DELETED> (1) In general.--In carrying out the National Strategic Uranium Reserve Program, the Secretary shall-- </DELETED> <DELETED> (A) immediately on enactment of this Act, use the funds reallocated by paragraph (2) to initiate the establishment of a National Strategic Uranium Reserve;</DELETED> <DELETED> (B) make the National Strategic Uranium Reserve operational by acquiring uranium in amounts and timeframes specified by the Secretary;</DELETED> <DELETED> (C) maintain, replenish, or increase the amount of uranium in the National Strategic Uranium Reserve in a manner determined by the Secretary to be consistent with the objectives described in subsection (a);</DELETED> <DELETED> (D) utilize only uranium produced and converted in the United States;</DELETED> <DELETED> (E) make uranium available from the National Strategic Uranium Reserve, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;</DELETED> <DELETED> (F) coordinate the operations of the Nuclear Fuel Security Program and the National Strategic Uranium Reserve Program as the Secretary determines to be appropriate; and</DELETED> <DELETED> (G) take other actions that the Secretary determines to be necessary or appropriate to address a uranium supply disruption.</DELETED> <DELETED> (2) Reallocation.--Notwithstanding any other provision of law, amounts made available to the National Nuclear Security Administration for the Uranium Reserve Program by, and described in the first proviso in, the matter under the heading ``Weapons Activities'' under the heading ``NATIONAL NUCLEAR SECURITY ADMINISTRATION'' under the heading ``ATOMIC ENERGY DEFENSE ACTIVITIES'' in title III of division D of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1369), that remain available as of the date of enactment of this Act shall be reallocated, as directed by the Secretary, for the purpose of establishing and initiating operation of the National Strategic Uranium Reserve by--</DELETED> <DELETED> (A) continuing the activities initiated by the National Nuclear Security Administration using the amounts described in that proviso;</DELETED> <DELETED> (B) carrying out other activities consistent with the purposes for which those amounts were made available under that Act; and</DELETED> <DELETED> (C) carrying out activities in accordance with the objectives described in subsection (a).</DELETED> <DELETED> (f) Continuation of the American Assured Fuel Supply Program.--In carrying out the American Assured Fuel Supply Program, the Secretary shall--</DELETED> <DELETED> (1) maintain, replenish, or increase the amount of uranium in the National Strategic Uranium Reserve in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (a);</DELETED> <DELETED> (2) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate;</DELETED> <DELETED> (3) coordinate the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program as the Secretary determines to be appropriate;</DELETED> <DELETED> (4) if determined by the Secretary to be appropriate and consistent with the objectives described in subsection (a), merge the operations of the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program; and</DELETED> <DELETED> (5) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of the American Assured Fuel Supply Program and the objectives described in subsection (a).</DELETED> <DELETED> (g) Authority.--</DELETED> <DELETED> (1) In general.--In carrying out the Programs, the Secretary, in coordination with the Secretary of State, may-- </DELETED> <DELETED> (A) in addition to exercising the authority granted to the Secretary under any other provision of law, enter into transactions (other than contracts, cooperative agreements, financial assistance agreements, or the provision of any other financial assistance) with an ally or partner nation, a U.S. energy company, or any other domestic or foreign entity for any activity to carry out the Programs, including the acquisition or provision of uranium, conversion services, enrichment services, LEU, HALEU, and related goods and services, in the same manner as the Secretary of Defense under section 4021 of title 10, United States Code (other than subsections (b) and (f) of that section);</DELETED> <DELETED> (B) make acquisitions for the Programs through the use of competitive selection processes that the Secretary determines to be appropriate to achieve the objectives described in subsection (a) in an expeditious manner;</DELETED> <DELETED> (C)(i) establish milestones for achieving specified objectives, including the production of LEU and HALEU in amounts and timeframes specified by the Secretary; and</DELETED> <DELETED> (ii) provide awards and other forms of incentives for meeting those milestones;</DELETED> <DELETED> (D) provide loan guarantees, other financial assistance, or assistance in the form of revenue guarantees or similar mechanisms;</DELETED> <DELETED> (E) charge an amount for the provision of uranium, conversion services, enrichment services, LEU, HALEU, and other goods and services that, in the opinion of the Secretary, provides reasonable compensation, taking into account fair market value and the objectives described in subsection (a); and</DELETED> <DELETED> (F) notwithstanding section 3302 of title 31, United States Code--</DELETED> <DELETED> (i) receive and retain revenues from the sale or transfer of uranium, LEU, or HALEU and from other activities related to the Programs; and</DELETED> <DELETED> (ii) expend those revenues for purposes related to the program from which the revenues are derived.</DELETED> <DELETED> (2) Availability of funds.--The revenues described in paragraph (1)(F) shall remain available until expended.</DELETED> <DELETED> (h) Domestic Sourcing Considerations.--</DELETED> <DELETED> (1) In general.--Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if--</DELETED> <DELETED> (A) the activity promotes manufacturing in the United States; or</DELETED> <DELETED> (B) the activity relies on resources, materials, or equipment developed or produced-- </DELETED> <DELETED> (i) in the United States; or</DELETED> <DELETED> (ii) in a country described in any of subparagraphs (A) through (H) of section 2(2) by--</DELETED> <DELETED> (I) a U.S. nuclear energy company;</DELETED> <DELETED> (II) an ally or partner nation; or</DELETED> <DELETED> (III) an associated entity.</DELETED> <DELETED> (2) Waiver.--The Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (a).</DELETED> <DELETED> (i) Exclusions.--The Secretary may not carry out an activity in connection with the Programs with an entity that is-- </DELETED> <DELETED> (1) owned or controlled by the Government of the Russian Federation or the Government of the People's Republic of China; or</DELETED> <DELETED> (2) organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People's Republic of China.</DELETED> <DELETED> (j) Nuclear Regulatory Commission.--The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and related statutes.</DELETED> <DELETED> (k) USEC Privatization Act.--</DELETED> <DELETED> (1) In general.--The requirements of section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-10) shall not apply to activities related to the Programs.</DELETED> <DELETED> (2) Amendment.--Section 3112A(c)(2)(A) of the USEC Privatization Act (42 U.S.C. 2297h-10a(c)(2)(A)) is amended-- </DELETED> <DELETED> (A) in clause (xii), by inserting ``and'' after the semicolon at the end;</DELETED> <DELETED> (B) by striking clauses (xiii) through (xxvii); and</DELETED> <DELETED> (C) by adding at the end the following:</DELETED> <DELETED> ``(xiii) in calendar year 2026 and each calendar year thereafter, 0 kilograms.''.</DELETED> <DELETED> (l) Authorization of Appropriations.--In addition to amounts otherwise available, there are authorized to be appropriated to the Secretary--</DELETED> <DELETED> (1) for the Nuclear Fuel Security Program, $3,500,000,000 for fiscal year 2023, to remain available until September 30, 2031; and</DELETED> <DELETED> (2) for the National Strategic Uranium Reserve Program and the American Assured Fuel Supply Program, such sums as are necessary for the period of fiscal years 2023 through 2030, to remain available until September 30, 2031.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``International Nuclear Energy Act''. SEC. 2. DEFINITIONS. In this Act: (1) Advanced nuclear reactor.--The term ``advanced nuclear reactor'' has the meaning given the term in section 951(b) of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)). (2) Ally or partner nation.--The term ``ally or partner nation'' means-- (A) the Government of any country that is a member of the Organisation for Economic Co-operation and Development; (B) the Government of the Republic of India; and (C) the Government of any country designated as an ally or partner nation by the Secretary of State for purposes of this Act. (3) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committees on Foreign Relations and Energy and Natural Resources of the Senate; and (B) the Committees on Foreign Affairs and Energy and Commerce of the House of Representatives. (4) Assistant.--The term ``Assistant'' means the Assistant to the President and Director for International Nuclear Energy Policy described in section 3(a)(1)(D). (5) Associated entity.--The term ``associated entity'' means an entity that-- (A) is owned, controlled, or operated by-- (i) an ally or partner nation; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph. (6) Associated individual.--The term ``associated individual'' means a foreign national who is a national of a country described in paragraph (2). (7) Civil nuclear.--The term ``civil nuclear'' means activities relating to-- (A) nuclear plant construction; (B) nuclear fuel services; (C) nuclear energy financing; (D) nuclear plant operations; (E) nuclear plant regulation; (F) nuclear medicine; (G) nuclear safety; (H) community engagement in areas in reasonable proximity to nuclear sites; (I) infrastructure support for nuclear energy; (J) nuclear plant decommissioning; (K) nuclear liability; (L) safe storage and safe disposal of spent nuclear fuel; (M) environmental safeguards; (N) nuclear nonproliferation and security; and (O) technology related to the matters described in subparagraphs (A) through (N). (8) Embarking civil nuclear energy nation.-- (A) In general.--The term ``embarking civil nuclear energy nation'' means a country that-- (i) does not have a civil nuclear program; (ii) is in the process of developing or expanding a civil nuclear program, including safeguards and a legal and regulatory framework, for-- (I) nuclear safety; (II) nuclear security; (III) radioactive waste management; (IV) civil nuclear energy; (V) environmental safeguards; (VI) community engagement in areas in reasonable proximity to nuclear sites; (VII) nuclear liability; or (VIII) advanced nuclear reactor licensing; (iii) is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced civil nuclear technologies; and (iv) is eligible to receive development lending from the World Bank. (B) Exclusions.--The term ``embarking civil nuclear energy nation'' does not include-- (i) the People's Republic of China; (ii) the Russian Federation; (iii) the Republic of Belarus; (iv) the Islamic Republic of Iran; (v) the Democratic People's Republic of Korea; (vi) the Republic of Cuba; (vii) the Bolivarian Republic of Venezuela; (viii) the Syrian Arab Republic; or (ix) any other country-- (I) the property or interests in property of the government of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or (II) the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of-- (aa) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); (bb) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); (cc) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); or (dd) any other relevant provision of law. (9) Nuclear safety.--The term ``nuclear safety'' means issues relating to the design, construction, operation, or decommissioning of nuclear facilities in a manner that ensures adequate protection of workers, the public, and the environment, including-- (A) the safe operation of nuclear reactors and other nuclear facilities; (B) radiological protection of-- (i) members of the public; (ii) workers; and (iii) the environment; (C) nuclear waste management; (D) emergency preparedness; (E) nuclear liability; and (F) the safe transportation of nuclear materials. (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. (11) Spent nuclear fuel.--The term ``spent nuclear fuel'' has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101). (12) U.S. nuclear energy company.--The term ``U.S. nuclear energy company'' means a company that-- (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and (B) is involved in the nuclear energy industry. SEC. 3. CIVIL NUCLEAR COORDINATION AND STRATEGY. (a) White House Focal Point on Coordination.-- (1) Sense of congress.--Given the critical importance of developing and implementing, with input from various agencies throughout the executive branch, a cohesive policy with respect to international efforts related to civil nuclear energy, it is the sense of Congress that-- (A) there should be a focal point within the White House, which may, if determined to be appropriate, report to the National Security Council, for coordination on issues relating to those efforts; (B) to provide that focal point, the President should establish, within the Executive Office of the President, an office, to be known as the ``Office of the Assistant to the President and Director for International Nuclear Energy Policy'' (referred to in this subsection as the ``Office''); (C) the Office should act as a coordinating office for-- (i) international civil nuclear cooperation; and (ii) civil nuclear export strategy; (D) the Office should be headed by an individual appointed as an Assistant to the President with the title of ``Director for International Nuclear Energy Policy''; and (E) the Office should-- (i) coordinate civil nuclear export policies for the United States; (ii) develop, in coordination with the officials described in paragraph (2), a cohesive Federal strategy for engagement with foreign governments (including ally or partner nations and the governments of embarking civil nuclear energy nations), associated entities, and associated individuals with respect to civil nuclear exports; (iii) coordinate with the officials described in paragraph (2) to ensure that necessary framework agreements and trade controls relating to civil nuclear materials and technologies are in place for key markets; and (iv) develop-- (I) a whole-of-government coordinating strategy for civil nuclear cooperation; (II) a whole-of-government strategy for civil nuclear exports; and (III) a whole-of-government approach to support appropriate foreign investment in civil nuclear energy projects supported by the United States in embarking civil nuclear energy nations. (2) Officials described.--The officials referred to in paragraph (1)(E) are-- (A) the appropriate officials of-- (i) the Department of State; (ii) the Department of Energy; (iii) the Department of Commerce; (iv) the Department of Transportation; (v) the Nuclear Regulatory Commission; (vi) the Department of Defense; (vii) the National Security Council; (viii) the National Economic Council; (ix) the Office of the United States Trade Representative; (x) the Office of Management and Budget; (xi) the Office of the Director of National Intelligence; (xii) the Export-Import Bank of the United States; (xiii) the United States International Development Finance Corporation; (xiv) the United States Agency for International Development; (xv) the United States Trade and Development Agency; (xvi) the Office of Science and Technology Policy; and (xvii) any other Federal agency that the President determines to be appropriate; and (B) appropriate officials representing foreign countries and governments, including-- (i) ally or partner nations; (ii) embarking civil nuclear energy nations; and (iii) any other country or government that the Assistant (if appointed) and the officials described in subparagraph (A) jointly determine to be appropriate. (b) Nuclear Exports Working Group.-- (1) Establishment.--There is established a working group, to be known as the ``Nuclear Exports Working Group'' (referred to in this subsection as the ``working group''). (2) Composition.--The working group shall be composed of-- (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from-- (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; and (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. (3) Reporting.--The working group shall report to the appropriate White House official, which may be the Assistant (if appointed). (4) Duties.--The working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A). (5) Strategy.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non- light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions. (B) Collaboration required.--In establishing the strategy under subparagraph (A), the working group shall collaborate with-- (i) the Secretary; (ii) the Secretary of Commerce; (iii) the Secretary of State; (iv) the Secretary of the Treasury; (v) the Nuclear Regulatory Commission; (vi) the President of the Export-Import Bank of the United States; (vii) the Chief Executive Officer of the United States International Development Finance Corporation; (viii) the United States Trade Representative; and (ix) representatives of private industry. SEC. 4. ENGAGEMENT WITH ALLY OR PARTNER NATIONS. (a) In General.--The President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear energy nations. (b) Financing.--In carrying out the initiative described in subsection (a), the President, acting through an appropriate Federal official, who may be the Assistant (if appointed) or the Chief Executive Officer of the International Development Finance Corporation, if determined to be appropriate, and in coordination with the officials described in section 3(a)(2), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear energy nations. (c) Activities.--In carrying out the initiative described in subsection (a), the President shall-- (1) assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy and other relevant Federal agencies and offices in providing education and training to foreign governments in nuclear safety, security, and safeguards-- (A) through engagement with the International Atomic Energy Agency; or (B) independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently; (2) assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear energy nations for nuclear safety, security, and safeguards; (3) coordinate the work of the Chief Executive Officer of the United States International Development Finance Corporation to expand outreach to the private investment community to create public-private financing relationships to assist in the export of civil nuclear technology to embarking civil nuclear energy nations; (4) seek to better coordinate, to the maximum extent practicable, the work carried out by each of-- (A) the Nuclear Regulatory Commission; (B) the Department of Energy; (C) the Department of Commerce; (D) the Nuclear Energy Agency; (E) the International Atomic Energy Agency; and (F) the nuclear regulatory agencies and organizations of embarking civil nuclear energy nations and ally or partner nations; and (5) improve the efficient and effective exporting and importing of civil nuclear technologies and materials. SEC. 5. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR ENERGY NATIONS. (a) In General.--The President shall designate an appropriate White House official, who may be the Assistant (if appointed), and the Chief Executive Officer of the United States International Development Finance Corporation to coordinate with the officials described in section 3(a)(2) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to advance civil nuclear exports from the United States or ally or partner nations to embarking civil nuclear energy nations. (b) United States Competitiveness Clauses.-- (1) Definition of united states competitiveness clause.--In this subsection, the term ``United States competitiveness clause'' means any United States competitiveness provision in any agreement entered into by the Department of Energy, including-- (A) a cooperative agreement; (B) a cooperative research and development agreement; and (C) a patent waiver. (2) Consideration.--In carrying out subsection (a), the relevant officials described in that subsection shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that subsection. (3) Waiver.--The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under subsection (a). SEC. 6. COOPERATION WITH ALLY OR PARTNER NATIONS ON ADVANCED NUCLEAR REACTOR DEMONSTRATION AND COOPERATIVE RESEARCH FACILITIES FOR CIVIL NUCLEAR ENERGY. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy. (b) Requirement.--The meetings described in subsection (a) shall include-- (1) a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing climate change by 2050; and (2) a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to-- (A) the demonstration and deployment of advanced nuclear reactors; and (B) the development of cooperative research facilities. (c) Financing Arrangements.--In conducting the meetings described in subsection (a), the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings. (d) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary, the Secretary of State, and the Secretary of Commerce shall jointly submit to Congress a report highlighting potential partners-- (1) for the establishment of cost-share arrangements described in subsection (c); or (2) with which the United States may enter into agreements with respect to-- (A) the demonstration of advanced nuclear reactors; or (B) cooperative research facilities. SEC. 7. INTERNATIONAL CIVIL NUCLEAR ENERGY COOPERATION. Section 959B of the Energy Policy Act of 2005 (42 U.S.C. 16279b) is amended-- (1) in the matter preceding paragraph (1), by striking ``The Secretary'' and inserting the following: ``(a) In General.--The Secretary''; (2) in subsection (a) (as so designated)-- (A) in paragraph (1)-- (i) by striking ``financing,''; and (ii) by striking ``and'' after the semicolon at the end; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``preparations for''; and (ii) in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(3) to support, in consultation with the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People's Republic of China; and ``(4) to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in section 2 of the International Nuclear Energy Act) in civil nuclear energy programs outside the United States through-- ``(A) bilateral and multilateral arrangements developed and executed in coordination with the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in that section); ``(B) the designation of 1 or more U.S. nuclear energy companies (as defined in that section) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; ``(C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section; and ``(D) the issuance of loans, loan guarantees, other financial assistance, or assistance in the form of an equity interest to carry out activities related to an arrangement under subparagraph (A), to the extent appropriated funds are available.''; and (3) by adding at the end the following: ``(b) Requirements.--The program under subsection (a) shall-- ``(1) with respect to the function described in subsection (a)(3), be modeled after the International Military Education and Training program of the Department of State; and ``(2) be authorized and directed by the Secretary of State and implemented by the Secretary-- ``(A) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as-- ``(i) training; ``(ii) financing; ``(iii) safety; ``(iv) security; ``(v) safeguards; ``(vi) liability; ``(vii) advanced fuels; ``(viii) operations; and ``(ix) options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101)); and ``(B) in coordination with-- ``(i) the National Security Council; ``(ii) the Secretary of State; ``(iii) the Secretary of Commerce; and ``(iv) the Nuclear Regulatory Commission. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out subsection (a)(3) $15,500,000 for each of fiscal years 2023 through 2027.''. SEC. 8. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), shall launch an international initiative (referred to in this section as the ``initiative'') to provide financial assistance to, and facilitate the building of technical capacities by, in accordance with this section, embarking civil nuclear energy nations for activities relating to the development of civil nuclear energy programs. (b) Financial Assistance.-- (1) In general.--In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award grants of financial assistance to embarking civil nuclear energy nations in accordance with this subsection-- (A) for activities relating to the development of civil nuclear energy programs; and (B) to facilitate the building of technical capacities for those activities. (2) Amount.--The amount of a grant of financial assistance under paragraph (1) shall be not more than $5,500,000. (3) Limitations.--The Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award-- (A) not more than 1 grant of financial assistance under paragraph (1) to any 1 embarking civil nuclear energy nation each fiscal year; and (B) not more than a total of 5 grants of financial assistance under paragraph (1) to any 1 embarking civil nuclear energy nation. (c) Senior Advisors.-- (1) In general.--In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may provide financial assistance to an embarking civil nuclear energy nation for the purpose of contracting with a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear energy nation in establishing a civil nuclear program. (2) Requirement.--A senior advisor described in paragraph (1) shall have relevant experience and qualifications to advise the embarking civil nuclear energy nation on, and facilitate on behalf of the embarking civil nuclear energy nation, 1 or more of the following activities: (A) The development of financing relationships. (B) The development of a standardized financing and project management framework for the construction of nuclear power plants. (C) The development of a standardized licensing framework for-- (i) light water civil nuclear technologies; and (ii) non-light water civil nuclear technologies and advanced nuclear reactors. (D) The identification of qualified organizations and service providers. (E) The identification of funds to support payment for services required to develop a civil nuclear program. (F) Market analysis. (G) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. (H) Risk allocation, risk management, and nuclear liability. (I) Technical assessments of nuclear reactors and technologies. (J) The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15-415). (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (3) Clarification.--Financial assistance under this subsection may be provided to an embarking civil nuclear energy nation in addition to any financial assistance provided to that embarking civil nuclear energy nation under subsection (b). (d) Limitation on Assistance to Embarking Civil Nuclear Energy Nations.--Not later than 1 year after the date of enactment of this Act, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate-- (1) to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this section to prevent fraud, waste, and abuse; and (2) to engage in independent and effective oversight of activities authorized under this section through joint or individual audits, inspections, investigations, or evaluations. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027. SEC. 9. BIENNIAL CABINET-LEVEL INTERNATIONAL CONFERENCE ON NUCLEAR SAFETY, SECURITY, SAFEGUARDS, AND SUSTAINABILITY. (a) In General.--The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this section as a ``conference''). (b) Conference Functions.--It is the sense of Congress that each conference should-- (1) be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to-- (A) nuclear safety, security, safeguards, and sustainability; (B) environmental safeguards; and (C) local community engagement in areas in reasonable proximity to nuclear sites; and (2) facilitate-- (A) the development of-- (i) joint commitments and goals to improve-- (I) nuclear safety, security, safeguards, and sustainability; (II) environmental safeguards; and (III) local community engagement in areas in reasonable proximity to nuclear sites; (ii) stronger international institutions that support nuclear safety, security, safeguards, and sustainability; (iii) cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; (iv) a standardized financing and project management framework for the construction of civil nuclear power plants; (v) a standardized licensing framework for civil nuclear technologies; (vi) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; (vii) a document containing any lessons learned from countries that have partnered with the Russian Federation or the People's Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and (viii) a global civil nuclear liability regime; (B) cooperation for enhancing the overall aspects of civil nuclear power, such as-- (i) nuclear safety, security, safeguards, and sustainability; (ii) nuclear laws (including regulations); (iii) waste management; (iv) quality management systems; (v) technology transfer; (vi) human resources development; (vii) localization; (viii) reactor operations; (ix) nuclear liability; and (x) decommissioning; and (C) the development and determination of the mechanisms described in paragraphs (7) and (8) of section 10(a), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that section. (c) Input From Industry and Government.--It is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to-- (1) the safe and secure use, storage, and transport of nuclear and radiological materials; (2) managing the evolving cyber threat to nuclear and radiological security; and (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste. SEC. 10. ADVANCED REACTOR COORDINATION AND RESOURCE CENTER. (a) In General.--The President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the ``Advanced Reactor Coordination and Resource Center'' (referred to in this section as the ``Center''), for the purposes of-- (1) identifying qualified organizations and service providers-- (A) for embarking civil nuclear energy nations; (B) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and (C) to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; (2) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)-- (A) to identify funds to support payment for services required to develop a civil nuclear program; (B) to provide market analysis; and (C) to create-- (i) project structure models; (ii) models for electricity market analysis; (iii) models for nonelectric applications market analysis; and (iv) financial models; (3) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (4) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (5) developing and strengthening communications, engagement, and consensus-building; (6) carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program; (7) developing mechanisms for how to fund and staff the Center; and (8) determining mechanisms for the selection of the location or locations of the Center. (b) Objective.--The President shall carry out subsection (a) with the objective of establishing the Center if the President determines that it is feasible to do so. SEC. 11. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED STATES. (a) Commercial Licenses.--Section 103 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(d)) is amended, in the second sentence-- (1) by inserting ``for a production facility'' after ``No license''; and (2) by striking ``any any'' and inserting ``any''. (b) Medical Therapy and Research Development Licenses.--Section 104 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2134(d)) is amended, in the second sentence, by inserting ``for a production facility'' after ``No license''. SEC. 12. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP. (a) Establishment.--There is established a working group, to be known as the ``Strategic Infrastructure Fund Working Group'' (referred to in this section as the ``working group''). (b) Composition.--The working group shall be-- (1) led by a White House official, who may be the Assistant (if appointed), who shall serve as the White House focal point with respect to matters relating to the working group; and (2) composed of-- (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from-- (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Commerce; (iv) the Department of Energy; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the White House official described in paragraph (1) from any Federal agency or organization. (c) Reporting.--The working group shall report to the National Security Council. (d) Duties.--The working group shall-- (1) provide direction and advice to the officials described in section 3(a)(2)(A) and appropriate Federal agencies, as determined by the working group, with respect to the establishment of a Strategic Infrastructure Fund (referred to in this subsection as the ``Fund'') to be used-- (A) to support those aspects of projects relating to-- (i) civil nuclear technologies; (ii) rare earth elements and critical minerals (as defined in section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))); and (iii) microprocessors; and (B) for strategic investments identified by the working group; and (2) address critical areas in determining the appropriate design for the Fund, including-- (A) transfer of assets to the Fund; (B) transfer of assets from the Fund; (C) how assets in the Fund should be invested; and (D) governance and implementation of the Fund. (e) Report Required.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. (2) Committees described.--The committees referred to in paragraph (1) are-- (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. (3) Administration of the fund.--The report submitted under paragraph (1) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this section to be administered by the Secretary of State (or a designee of the Secretary of State). SEC. 13. BRIEFINGS ON SAFETY AND SECURITY OF NEW EXPORTS OF ADVANCED NUCLEAR REACTORS. Before the United States may export an advanced nuclear reactor to a country that has not previously received an advanced nuclear reactor from the United States, the Secretary, in coordination with the Secretary of State, shall provide a briefing to the appropriate committees of Congress that addresses whether the country-- (1) is technically equipped to safely operate and maintain the advanced nuclear reactor; and (2) has a transparency plan in place for oversight of any assistance received from the United States Government for the purpose of purchasing the advanced nuclear reactor. SEC. 14. ENSURING CONTINUED SAFETY AND SECURITY OVERSIGHT OF ENHANCED ENERGY COOPERATION. (a) Briefing Required.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Defense, and the Secretary shall jointly brief the committees of Congress described in paragraph (2) on the procedures being used to mitigate any nuclear proliferation risks of-- (A) any recommendations for enhanced energy cooperation that may emerge from the meetings described in section 6(a); or (B) any new exports of advanced nuclear reactors. (2) Committees of congress described.--The committees of Congress referred to in paragraph (1) are-- (A) the Committees on Foreign Relations, Energy and Natural Resources, and Armed Services of the Senate; and (B) the Committees on Foreign Affairs, Energy and Commerce, and Armed Services of the House of Representatives. (b) Prohibition on Exports of Nuclear Reactors to Certain Countries.--On and after the date of the enactment of this Act, an advanced nuclear reactor may not be exported from the United States to a country unless that country-- (1) has signed an additional protocol to its comprehensive safeguards agreement with the International Atomic Energy Agency; or (2) has put in place a comprehensive safeguards agreement and is working toward signing an additional protocol with the International Atomic Energy Agency. SEC. 15. JOINT ASSESSMENT BETWEEN THE UNITED STATES AND INDIA ON NUCLEAR LIABILITY RULES. (a) In General.--The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the U.S.-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis-- (1) to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08- 1206); (2) to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and (3) to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities. (b) Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to subsection (a)(1). SEC. 16. LESSONS LEARNED FROM THE ZAPORIZHZHIA NUCLEAR POWER PLANT. (a) Briefing.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress regarding the capture of the Zaporizhzhia nuclear power plant by Russian armed forces. (2) Requirements.--The briefing required by paragraph (1) shall focus on-- (A) events leading up to the capture of the Zaporizhzhia nuclear power plant by Russian armed forces; (B) ongoing efforts to ensure the continued operation of the reactor and the safety and security of the plant; (C) efforts to mitigate potential risks to the surrounding civilian population; and (D) any safety and security measures implemented since the capture. (b) Report.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate committees of Congress a report outlining lessons learned from attacks on the Zaporizhzhia nuclear power plant, including-- (A) the efforts to ensure the safety and security of the Zaporizhzhia nuclear power plant; (B) how those lessons can be applied to other nuclear sites in Ukraine while there is an ongoing threat of armed conflict in Ukraine; and (C) how those lessons could apply to other nuclear power plants in the event of armed conflict. (2) Form of report.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. Calendar No. 604 117th CONGRESS 2d Session S. 4064 _______________________________________________________________________

International Nuclear Energy Act

A bill to facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports.

International Nuclear Energy Act International Nuclear Energy Act of 2022

Sen. Manchin, Joe, III

D

WV

This bill addresses cooperation with other nations on nuclear energy-related issues. For example, the bill requires (1) the President to launch an international initiative to modernize outreach to embarking civil nuclear energy nations, which may include establishing cooperative financing relationships for the export of civil nuclear technology and materials; (2) the Department of State to meet with ally or partner nations with the aim of enhancing nuclear energy cooperation; and (3) the State Department to provide financial assistance to embarking civil nuclear energy nations for the development of civil nuclear energy programs.

To facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports. 2297h)); and</DELETED> <DELETED> (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. ''.</DELETED> <DELETED>SEC. ''; and</DELETED> <DELETED> (5) in subsection (e)(2), in the matter preceding subparagraph (A), by striking ``China is'' and inserting ``the People's Republic of China and the Russian Federation are''.</DELETED> <DELETED>SEC. This Act may be cited as the ``International Nuclear Energy Act''. 2. 16271(b)). (4) Assistant.--The term ``Assistant'' means the Assistant to the President and Director for International Nuclear Energy Policy described in section 3(a)(1)(D). (5) Associated entity.--The term ``associated entity'' means an entity that-- (A) is owned, controlled, or operated by-- (i) an ally or partner nation; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph. (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. CIVIL NUCLEAR COORDINATION AND STRATEGY. (2) Composition.--The working group shall be composed of-- (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from-- (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; and (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. 5. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR ENERGY NATIONS. 8. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT. (F) Market analysis. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED STATES. 12. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP. (c) Reporting.--The working group shall report to the National Security Council. (2) Committees described.--The committees referred to in paragraph (1) are-- (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. BRIEFINGS ON SAFETY AND SECURITY OF NEW EXPORTS OF ADVANCED NUCLEAR REACTORS.

''.</DELETED> <DELETED>SEC. ''; and</DELETED> <DELETED> (5) in subsection (e)(2), in the matter preceding subparagraph (A), by striking ``China is'' and inserting ``the People's Republic of China and the Russian Federation are''.</DELETED> <DELETED>SEC. This Act may be cited as the ``International Nuclear Energy Act''. 2. 16271(b)). (4) Assistant.--The term ``Assistant'' means the Assistant to the President and Director for International Nuclear Energy Policy described in section 3(a)(1)(D). (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. CIVIL NUCLEAR COORDINATION AND STRATEGY. (2) Composition.--The working group shall be composed of-- (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from-- (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; and (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. 5. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR ENERGY NATIONS. 8. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT. (F) Market analysis. (L) Management of spent nuclear fuel and nuclear waste. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED STATES. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP. (c) Reporting.--The working group shall report to the National Security Council. (2) Committees described.--The committees referred to in paragraph (1) are-- (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. BRIEFINGS ON SAFETY AND SECURITY OF NEW EXPORTS OF ADVANCED NUCLEAR REACTORS.

To facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports. 2297h)); and</DELETED> <DELETED> (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 7. ''.</DELETED> <DELETED>SEC. ''; and</DELETED> <DELETED> (5) in subsection (e)(2), in the matter preceding subparagraph (A), by striking ``China is'' and inserting ``the People's Republic of China and the Russian Federation are''.</DELETED> <DELETED>SEC. This Act may be cited as the ``International Nuclear Energy Act''. 2. DEFINITIONS. 16271(b)). (4) Assistant.--The term ``Assistant'' means the Assistant to the President and Director for International Nuclear Energy Policy described in section 3(a)(1)(D). (5) Associated entity.--The term ``associated entity'' means an entity that-- (A) is owned, controlled, or operated by-- (i) an ally or partner nation; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph. (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. CIVIL NUCLEAR COORDINATION AND STRATEGY. (2) Composition.--The working group shall be composed of-- (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from-- (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; and (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. 5. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR ENERGY NATIONS. (b) United States Competitiveness Clauses.-- (1) Definition of united states competitiveness clause.--In this subsection, the term ``United States competitiveness clause'' means any United States competitiveness provision in any agreement entered into by the Department of Energy, including-- (A) a cooperative agreement; (B) a cooperative research and development agreement; and (C) a patent waiver. 6. 8. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT. (2) Amount.--The amount of a grant of financial assistance under paragraph (1) shall be not more than $5,500,000. (F) Market analysis. (H) Risk allocation, risk management, and nuclear liability. (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027. (a) In General.--The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this section as a ``conference''). (b) Objective.--The President shall carry out subsection (a) with the objective of establishing the Center if the President determines that it is feasible to do so. 11. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED STATES. 2134(d)) is amended, in the second sentence, by inserting ``for a production facility'' after ``No license''. 12. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP. (c) Reporting.--The working group shall report to the National Security Council. (2) Committees described.--The committees referred to in paragraph (1) are-- (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. BRIEFINGS ON SAFETY AND SECURITY OF NEW EXPORTS OF ADVANCED NUCLEAR REACTORS. 15. LESSONS LEARNED FROM THE ZAPORIZHZHIA NUCLEAR POWER PLANT.

To facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports. 2297h)); and</DELETED> <DELETED> (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 7. ''.</DELETED> <DELETED>SEC. ''; and</DELETED> <DELETED> (5) in subsection (e)(2), in the matter preceding subparagraph (A), by striking ``China is'' and inserting ``the People's Republic of China and the Russian Federation are''.</DELETED> <DELETED>SEC. SHORT TITLE. This Act may be cited as the ``International Nuclear Energy Act''. 2. DEFINITIONS. 16271(b)). (4) Assistant.--The term ``Assistant'' means the Assistant to the President and Director for International Nuclear Energy Policy described in section 3(a)(1)(D). (5) Associated entity.--The term ``associated entity'' means an entity that-- (A) is owned, controlled, or operated by-- (i) an ally or partner nation; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph. (10) Secretary.--The term ``Secretary'' means the Secretary of Energy. 10101). 3. CIVIL NUCLEAR COORDINATION AND STRATEGY. (2) Composition.--The working group shall be composed of-- (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from-- (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; and (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. 5. COOPERATIVE FINANCING RELATIONSHIPS WITH ALLY OR PARTNER NATIONS AND EMBARKING CIVIL NUCLEAR ENERGY NATIONS. (b) United States Competitiveness Clauses.-- (1) Definition of united states competitiveness clause.--In this subsection, the term ``United States competitiveness clause'' means any United States competitiveness provision in any agreement entered into by the Department of Energy, including-- (A) a cooperative agreement; (B) a cooperative research and development agreement; and (C) a patent waiver. 6. 8. INTERNATIONAL CIVIL NUCLEAR PROGRAM SUPPORT. (2) Amount.--The amount of a grant of financial assistance under paragraph (1) shall be not more than $5,500,000. (C) The development of a standardized licensing framework for-- (i) light water civil nuclear technologies; and (ii) non-light water civil nuclear technologies and advanced nuclear reactors. (E) The identification of funds to support payment for services required to develop a civil nuclear program. (F) Market analysis. (H) Risk allocation, risk management, and nuclear liability. (J) The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15-415). (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027. 9. (a) In General.--The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this section as a ``conference''). (c) Input From Industry and Government.--It is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to-- (1) the safe and secure use, storage, and transport of nuclear and radiological materials; (2) managing the evolving cyber threat to nuclear and radiological security; and (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste. (b) Objective.--The President shall carry out subsection (a) with the objective of establishing the Center if the President determines that it is feasible to do so. 11. INVESTMENT BY ALLIES AND PARTNERS OF THE UNITED STATES. 2134(d)) is amended, in the second sentence, by inserting ``for a production facility'' after ``No license''. 12. STRATEGIC INFRASTRUCTURE FUND WORKING GROUP. (c) Reporting.--The working group shall report to the National Security Council. (2) Committees described.--The committees referred to in paragraph (1) are-- (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. 13. BRIEFINGS ON SAFETY AND SECURITY OF NEW EXPORTS OF ADVANCED NUCLEAR REACTORS. 14. 15. 16. LESSONS LEARNED FROM THE ZAPORIZHZHIA NUCLEAR POWER PLANT. (a) Briefing.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary of State shall provide a briefing to the appropriate committees of Congress regarding the capture of the Zaporizhzhia nuclear power plant by Russian armed forces. Calendar No.

H.R.3782

Agriculture and Food

Relief for America's Small Farmers Act This bill provides loan forgiveness of up to $250,000 for certain borrowers who are actively engaged in farming, have an average annual adjusted gross income of $300,000 or less over the previous five years, and have certain Department of Agriculture farm loans. The loan forgiveness is subject to the condition that the applicable borrower must continue to be actively engaged in farming for at least two years after receiving such forgiveness.

To provide loan forgiveness for certain borrowers of Department of Agriculture direct farm loans, 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 ``Relief for America's Small Farmers Act''. SEC. 2. DIRECT FARM LOAN FORGIVENESS. (a) Definitions.--In this section: (1) Eligible borrower.--The term ``eligible borrower'' means a borrower of an eligible loan that is actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) with respect to a farming operation-- (A) for which the eligible loan was made; and (B) the average annual adjusted gross income for the previous 5-year period of which is not more than $300,000. (2) Eligible loan.--The term ``eligible loan'' means a loan made before March 19, 2020, that is-- (A) a direct farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.); (B) a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et seq.); or (C) an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Loan Forgiveness.-- (1) In general.--Not later than 1 year after the date on which the Secretary receives an application under paragraph (2), subject to paragraphs (3) and (4), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the date of enactment of this Act on an eligible loan for the eligible borrower. (2) Applications.--To be eligible for cancellation under paragraph (1), not later than 1 year after the date of enactment of this Act, an eligible borrower shall submit to the Secretary an application, which shall cover all eligible loans for which the eligible borrower is seeking cancellation. (3) Limitations.--The total amount cancelled under paragraph (1) with respect to a farming operation shall be not more than $250,000. (4) Condition.--The cancellation of an obligation under paragraph (1) shall be subject to the condition that the applicable eligible borrower shall continue to be actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) for the 2-year period beginning on the date on which the Secretary cancels the obligation under that paragraph. (c) Effect.--An eligible borrower that receives cancellation of an obligation with respect to an eligible loan under subsection (b)(1) shall not be determined to be ineligible for any loan under subtitle A, B, or C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.) because of that cancellation. (d) Taxability.--For purposes of the Internal Revenue Code of 1986, any amount which (but for this subsection) would be includible in gross income of the eligible borrower by reason of forgiveness described in subsection (b) shall be excluded from gross income. <all>

Relief for America's Small Farmers Act

To provide loan forgiveness for certain borrowers of Department of Agriculture direct farm loans, and for other purposes.

Relief for America's Small Farmers Act

Rep. Maloney, Sean Patrick

D

NY

This bill provides loan forgiveness of up to $250,000 for certain borrowers who are actively engaged in farming, have an average annual adjusted gross income of $300,000 or less over the previous five years, and have certain Department of Agriculture farm loans. The loan forgiveness is subject to the condition that the applicable borrower must continue to be actively engaged in farming for at least two years after receiving such forgiveness.

To provide loan forgiveness for certain borrowers of Department of Agriculture direct farm loans, 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 ``Relief for America's Small Farmers Act''. SEC. DIRECT FARM LOAN FORGIVENESS. 1308-1)) with respect to a farming operation-- (A) for which the eligible loan was made; and (B) the average annual adjusted gross income for the previous 5-year period of which is not more than $300,000. (2) Eligible loan.--The term ``eligible loan'' means a loan made before March 19, 2020, that is-- (A) a direct farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq. ); (B) a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et seq. ); or (C) an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Loan Forgiveness.-- (1) In general.--Not later than 1 year after the date on which the Secretary receives an application under paragraph (2), subject to paragraphs (3) and (4), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the date of enactment of this Act on an eligible loan for the eligible borrower. (2) Applications.--To be eligible for cancellation under paragraph (1), not later than 1 year after the date of enactment of this Act, an eligible borrower shall submit to the Secretary an application, which shall cover all eligible loans for which the eligible borrower is seeking cancellation. (3) Limitations.--The total amount cancelled under paragraph (1) with respect to a farming operation shall be not more than $250,000. (4) Condition.--The cancellation of an obligation under paragraph (1) shall be subject to the condition that the applicable eligible borrower shall continue to be actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) for the 2-year period beginning on the date on which the Secretary cancels the obligation under that paragraph. (c) Effect.--An eligible borrower that receives cancellation of an obligation with respect to an eligible loan under subsection (b)(1) shall not be determined to be ineligible for any loan under subtitle A, B, or C of the Consolidated Farm and Rural Development Act (7 U.S.C. (d) Taxability.--For purposes of the Internal Revenue Code of 1986, any amount which (but for this subsection) would be includible in gross income of the eligible borrower by reason of forgiveness described in subsection (b) shall be excluded from gross income.

To provide loan forgiveness for certain borrowers of Department of Agriculture direct farm loans, 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 ``Relief for America's Small Farmers Act''. SEC. DIRECT FARM LOAN FORGIVENESS. 1308-1)) with respect to a farming operation-- (A) for which the eligible loan was made; and (B) the average annual adjusted gross income for the previous 5-year period of which is not more than $300,000. 1922 et seq. 1941 et seq. ); or (C) an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Loan Forgiveness.-- (1) In general.--Not later than 1 year after the date on which the Secretary receives an application under paragraph (2), subject to paragraphs (3) and (4), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the date of enactment of this Act on an eligible loan for the eligible borrower. (2) Applications.--To be eligible for cancellation under paragraph (1), not later than 1 year after the date of enactment of this Act, an eligible borrower shall submit to the Secretary an application, which shall cover all eligible loans for which the eligible borrower is seeking cancellation. (3) Limitations.--The total amount cancelled under paragraph (1) with respect to a farming operation shall be not more than $250,000. (4) Condition.--The cancellation of an obligation under paragraph (1) shall be subject to the condition that the applicable eligible borrower shall continue to be actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. (d) Taxability.--For purposes of the Internal Revenue Code of 1986, any amount which (but for this subsection) would be includible in gross income of the eligible borrower by reason of forgiveness described in subsection (b) shall be excluded from gross income.

To provide loan forgiveness for certain borrowers of Department of Agriculture direct farm loans, 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 ``Relief for America's Small Farmers Act''. SEC. 2. DIRECT FARM LOAN FORGIVENESS. (a) Definitions.--In this section: (1) Eligible borrower.--The term ``eligible borrower'' means a borrower of an eligible loan that is actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) with respect to a farming operation-- (A) for which the eligible loan was made; and (B) the average annual adjusted gross income for the previous 5-year period of which is not more than $300,000. (2) Eligible loan.--The term ``eligible loan'' means a loan made before March 19, 2020, that is-- (A) a direct farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.); (B) a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et seq.); or (C) an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Loan Forgiveness.-- (1) In general.--Not later than 1 year after the date on which the Secretary receives an application under paragraph (2), subject to paragraphs (3) and (4), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the date of enactment of this Act on an eligible loan for the eligible borrower. (2) Applications.--To be eligible for cancellation under paragraph (1), not later than 1 year after the date of enactment of this Act, an eligible borrower shall submit to the Secretary an application, which shall cover all eligible loans for which the eligible borrower is seeking cancellation. (3) Limitations.--The total amount cancelled under paragraph (1) with respect to a farming operation shall be not more than $250,000. (4) Condition.--The cancellation of an obligation under paragraph (1) shall be subject to the condition that the applicable eligible borrower shall continue to be actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) for the 2-year period beginning on the date on which the Secretary cancels the obligation under that paragraph. (c) Effect.--An eligible borrower that receives cancellation of an obligation with respect to an eligible loan under subsection (b)(1) shall not be determined to be ineligible for any loan under subtitle A, B, or C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.) because of that cancellation. (d) Taxability.--For purposes of the Internal Revenue Code of 1986, any amount which (but for this subsection) would be includible in gross income of the eligible borrower by reason of forgiveness described in subsection (b) shall be excluded from gross income. <all>

To provide loan forgiveness for certain borrowers of Department of Agriculture direct farm loans, 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 ``Relief for America's Small Farmers Act''. SEC. 2. DIRECT FARM LOAN FORGIVENESS. (a) Definitions.--In this section: (1) Eligible borrower.--The term ``eligible borrower'' means a borrower of an eligible loan that is actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) with respect to a farming operation-- (A) for which the eligible loan was made; and (B) the average annual adjusted gross income for the previous 5-year period of which is not more than $300,000. (2) Eligible loan.--The term ``eligible loan'' means a loan made before March 19, 2020, that is-- (A) a direct farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.); (B) a direct operating loan under subtitle B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1941 et seq.); or (C) an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.). (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Loan Forgiveness.-- (1) In general.--Not later than 1 year after the date on which the Secretary receives an application under paragraph (2), subject to paragraphs (3) and (4), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the date of enactment of this Act on an eligible loan for the eligible borrower. (2) Applications.--To be eligible for cancellation under paragraph (1), not later than 1 year after the date of enactment of this Act, an eligible borrower shall submit to the Secretary an application, which shall cover all eligible loans for which the eligible borrower is seeking cancellation. (3) Limitations.--The total amount cancelled under paragraph (1) with respect to a farming operation shall be not more than $250,000. (4) Condition.--The cancellation of an obligation under paragraph (1) shall be subject to the condition that the applicable eligible borrower shall continue to be actively engaged in farming (within the meaning of section 1001A of the Food Security Act of 1985 (7 U.S.C. 1308-1)) for the 2-year period beginning on the date on which the Secretary cancels the obligation under that paragraph. (c) Effect.--An eligible borrower that receives cancellation of an obligation with respect to an eligible loan under subsection (b)(1) shall not be determined to be ineligible for any loan under subtitle A, B, or C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.) because of that cancellation. (d) Taxability.--For purposes of the Internal Revenue Code of 1986, any amount which (but for this subsection) would be includible in gross income of the eligible borrower by reason of forgiveness described in subsection (b) shall be excluded from gross income. <all>

H.R.8856

Education

Loan Forgiveness for Educators Act of 2022 This bill expands the Teacher Loan Forgiveness program. Among other provisions, the bill (1) renames the program the Educator Loan Forgiveness program, (2) expands program eligibility to early childhood educators and program directors serving in early childhood education programs and school leaders serving in public high-need schools, and (3) establishes a program in which the Department of Education cancels monthly student loan payments during qualifying service and provides complete loan forgiveness after five years of service.

To provide enhanced student loan relief to educators. 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 ``Loan Forgiveness for Educators Act of 2022''. SEC. 2. LOAN FORGIVENESS AND CANCELLATION FOR EDUCATORS. (a) Enhanced Teacher Loan Forgiveness Under the FFEL Program.-- Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended to read as follows: ``SEC. 428J. LOAN FORGIVENESS FOR EDUCATORS. ``(a) Purpose.--It is the purpose of this section to enhance student access to a well-prepared, diverse, and stable educator workforce by eliminating debt burdens for educators in return for service teaching and leading in high need schools or early childhood education programs. ``(b) Program Authorized.--Not later than 270 days after the date of enactment of the Loan Forgiveness for Educators Act of 2022, the Secretary shall carry out a program, through the holder of the loan, of assuming, as required under subsection (c), the obligation to repay a covered loan for qualifying educators engaged in qualifying service. A qualifying educator may apply for the program under this section after the Secretary has begun carrying out the program. ``(c) Forgiveness of Covered Loans.-- ``(1) Forgiveness of loans upon completion of qualifying service.-- ``(A) In general.--For each qualifying educator who has completed 5 years of qualifying service (including any qualifying service, as defined under this section as in effect after the date of implementation of the Loan Forgiveness for Educators Act of 2022, that may have been completed or performed before or after such date of implementation, or a combination of qualifying service), the Secretary shall assume the obligation to repay an amount equal to 100 percent of the aggregate of the loan obligations (including interest and fees) on all covered loans that are outstanding as of the date of completion of such fifth year of qualifying service. ``(B) Timing.--The years of qualifying service required under subparagraph (A) may be consecutive or nonconsecutive, and the qualifying educator may elect which years of qualifying service to use for purposes of subparagraph (A). ``(2) Monthly loan forgiveness.--Upon application by any qualifying educator who has a covered loan and who is engaged in qualifying service, and in addition to any loan forgiveness under paragraph (1), the Secretary shall enter into an agreement with such qualifying educator, under which-- ``(A) during the period of qualifying service (for qualifying service that occurs after the date of implementation of this Act), the Secretary agrees to assume the obligation to repay the minimum monthly obligation on all covered loans of the qualifying educator, based on the repayment plan selected by the qualifying educator, for-- ``(i) each month of qualifying service; and ``(ii) any summer or other school or program year calendar breaks scheduled by a high need school or early childhood education program during a school or program year in which the qualifying educator is engaged in qualifying service; ``(B) during the period of qualifying service, the assumption of the monthly loan obligation provided will serve as a monthly payment, considered paid in full by the qualifying educator, based on the repayment plan selected by the qualifying educator (which, if the qualifying educator chooses, shall include any income driven repayment plan); and ``(C) during the period of qualifying service, each monthly obligation that is repaid by the Secretary under this paragraph on a covered loan shall be deemed to be a qualifying monthly payment made by the qualifying educator for purposes of the loan forgiveness program under section 455(m), if applicable. ``(3) Application.--The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan forgiveness under this subsection. The application shall-- ``(A) be available for qualifying educators to file for loan forgiveness under paragraph (1) and for monthly loan forgiveness under paragraph (2); ``(B) include any certification requirements that the Secretary determines are necessary to verify qualifying service; and ``(C) allow for the verification of the qualifying service-- ``(i) in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school, by a school leader or the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); ``(ii) in the case of an early childhood educator serving in an early childhood education program, by the director of that program (or the director's designee); ``(iii) in the case of a school leader serving in a high need school, by the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); ``(iv) in the case of a director of an early childhood education program, a leader of the entity overseeing the early childhood education program; and ``(v) in the case of a family child care provider or the director of an early childhood education program that operates as a standalone center-based program (for example, a case in which the center is not part of a larger company) that is an early childhood education program, by self-certification with supporting documents, such as a business license, a listing with a public Child Care Resources and Referral website, or proof of participation in a Federal child care or preschool subsidy program. ``(4) Parent plus loans.-- ``(A) Parent plus loan on behalf of a student who is a qualifying educator.--A borrower of a parent loan under section 428B issued on behalf of a student who is a qualifying educator shall qualify for loan forgiveness and any other benefits under this section for the qualifying service of the student in the same manner and to the same extent as the student borrower qualifies for such loan forgiveness and other benefits. ``(B) Parent plus loan borrowed by a parent who is a qualifying educator.--The borrower of a parent loan under section 428B issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. ``(5) Recipients of prior forgiveness.--A qualifying educator who received loan forgiveness under this section as in effect before the date of enactment of the Loan Forgiveness for Educators Act of 2022-- ``(A) shall be eligible for loan forgiveness of covered loans in accordance with paragraph (1), including any remaining covered loans; and ``(B) may count the service completed that qualified the qualifying educator for previous loan forgiveness as qualifying service for purposes of paragraph (1). ``(6) Prohibition on requiring repayment.--A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List.-- ``(1) In general.--The Secretary, shall-- ``(A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and ``(B) annually update such list. ``(2) List from previous year.--If the list of high need schools in which a qualifying educator may perform qualifying service is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make a determination about whether an individual meets the requirements for qualifying service. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any qualifying educator who performs qualifying service in a school that-- ``(A) is a high need school in any school year during such service; and ``(B) in a subsequent school year fails to meet the definition of a high need school, may continue to serve in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No qualifying educator may, for the same service, receive a benefit under both this section and-- ``(A) section 428K; or ``(B) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(3) No penalty for promotions.--Any qualifying educator who performs qualifying service in an early childhood education program or high need school and who is promoted to another position within that early childhood program or high need school after 1 or more years of qualifying service may continue to be employed in such position in such program or school and shall be eligible to count the period of employment in such position as qualifying service for loan forgiveness pursuant to subsection (b). ``(h) Definitions.--In this section: ``(1) Bureau of indian education funded elementary or secondary school.--The term `Bureau of Indian Education funded elementary or secondary school' means-- ``(A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; ``(B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); and ``(C) an elementary or secondary school or dormitory operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). ``(2) Bureau of indian education early childhood development program.--The term `Bureau of Indian Education early childhood development program' means-- ``(A) a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 (25 U.S.C. 2019); or ``(B) an early childhood education program operated or funded by the Bureau of Indian Education (including Family and Child Education programs at schools funded by the Bureau of Indian Education authorized under section 1121 of the Education Amendments of 1978 (25 U.S.C. 2001)). ``(3) Covered loan.--The term `covered loan' means a loan made, insured, or guaranteed under this part. ``(4) Early childhood education program.--The term `early childhood education program' means-- ``(A) a high-need early childhood education program as defined in section 200; ``(B) a Head Start program (including an Early Head Start program) carried out under the Head Start Act (42 U.S.C. 9831 et seq.); ``(C) an early childhood education program, as defined in section 103; ``(D) a Bureau of Indian Education early childhood development program; ``(E) a Native Hawaiian education system early childhood education program; ``(F) a Tribal early childhood education program; or ``(G) a consortium of entities described in any of subparagraphs (A) through (F). ``(5) High need school.--The term `high need school' means-- ``(A) a public elementary or secondary school-- ``(i) with respect to which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; and ``(ii) that is served by a local educational agency that is eligible for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; ``(B) a public elementary or secondary school or location operated by an educational service agency in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total number of children enrolled in such school or location; ``(C) a public elementary or secondary school identified by the State for comprehensive support and improvement, targeted support and improvement, or additional targeted support and improvement, under section 1111 of the Elementary and Secondary Education Act of 1965; ``(D) a Bureau of Indian Education funded elementary or secondary school; ``(E) an elementary or secondary school operated by a Tribal educational agency; or ``(F) a Native Hawaiian education system. ``(6) Indian tribe.--The term `Indian Tribe' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this subtitle pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(7) Native hawaiian education system.--The term `Native Hawaiian education system' means an entity eligible to receive direct grants or enter into contracts with the Secretary under section 6205 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7515) to carry out the authorized activities under that section. ``(8) Qualifying educator.--Subject to subsection (i), the term `qualifying educator' means-- ``(A) an elementary or secondary school teacher who-- ``(i) has obtained full State or Tribal certification and licensure requirements for such employment; and ``(ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; ``(B) an early childhood educator who provides care or instruction to children; ``(C) a school leader of an elementary or secondary school who-- ``(i) has obtained full State or Tribal certification and licensure requirements for such employment; and ``(ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; or ``(D) an early childhood education program director (including a family child care provider). ``(9) Qualifying service.-- ``(A) In general.--Subject to subparagraph (B), the term `qualifying service' means-- ``(i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and ``(ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). ``(B) Exception.--In the case of a qualifying educator who is unable to complete a full school or program year of service, that year may still be counted toward the required qualifying service period under paragraphs (1) and (2) of subsection (c) if-- ``(i) the qualifying educator completed at least one-half of the school or program year; ``(ii) the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases, tenure, and retirement; and ``(iii) the qualifying educator was unable to complete the school or program year because-- ``(I) the qualifying educator returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the qualifying service; ``(II) the qualifying educator experienced a condition described in section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612); ``(III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or ``(IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. ``(10) School leader.--The term `school leader' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(11) Tribal early childhood education program.--The term `Tribal early childhood education program' means any of the following programs: ``(A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.). ``(B) A Tribal child care and development program carried out under the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.). ``(C) A program serving children from birth through age 6 that-- ``(i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 (42 U.S.C. 2991b-3); ``(ii) is a Tribal prekindergarten program; ``(iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or ``(iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. ``(12) Tribal educational agency.--The term `Tribal educational agency' has the meaning given the term (without respect to capitalization) in section 6132(b) of the Elementary and Secondary Education Act of 1965. ``(13) Year.--The term `year', when applied to service as a qualifying educator, means a school or program year as defined by the Secretary or the Secretary of Health and Human Services, as applicable. ``(i) Special Rule.--An educator that provides instruction or curricular development in an Alaska Native, American Indian, or Native Hawaiian language or a Native American language as defined in the Native American Languages Act (25 U.S.C. 2902) shall be considered to be a qualifying educator regardless of whether the educator has achieved full State or Tribal certification and licensure requirements for such employment.''. (b) Enhanced Teacher Loan Cancellation Under the Direct Loan Program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended to read as follows: ``SEC. 460. LOAN CANCELLATION FOR EDUCATORS. ``(a) Purpose.--It is the purpose of this section to enhance student access to a well-prepared, diverse, and stable educator workforce by eliminating debt burdens for educators in return for service teaching and leading in high need schools or early childhood education programs. ``(b) Program Authorized.--Not later than 270 days after the date of enactment of the Loan Forgiveness for Educators Act of 2022, the Secretary shall carry out a program of canceling, as required under subsection (c), the obligation to repay a covered loan for qualifying educators engaged in qualifying service. A qualifying educator may apply for the program under this section after the Secretary has begun carrying out the program. ``(c) Cancellation of Covered Loans.-- ``(1) Cancellation of loans upon completion of qualifying service.-- ``(A) In general.--For each qualifying educator who has completed 5 years of qualifying service (including any qualifying service, as defined under this section as in effect after the date of implementation of the Loan Forgiveness for Educators Act of 2022, that may have been completed or performed before or after such date of implementation, or a combination of qualifying service), the Secretary shall cancel an amount equal to 100 percent of the aggregate of the loan obligations (including interest and fees) on all covered loans that are outstanding as of the date of completion of such fifth year of qualifying service. ``(B) Timing.--The years of qualifying service required under subparagraph (A) may be consecutive or nonconsecutive, and the qualifying educator may elect which years of qualifying service to use for purposes of this section. ``(2) Monthly loan cancellation.--Upon application by any qualifying educator of a covered loan who is engaged in qualifying service, and in addition to any loan cancellation under paragraph (1), the Secretary shall enter into an agreement with such qualifying educator, under which-- ``(A) during the period of qualifying service (for qualifying service that occurs after the date of implementation of this Act), the Secretary agrees to cancel the minimum monthly obligation on all covered loans of the qualifying educator based on the repayment plan selected by the qualifying educator (which, if the educator chooses, shall include any income driven repayment plan), for-- ``(i) each month of qualifying service; and ``(ii) any summer or other school or program year calendar breaks scheduled by a qualifying school or early childhood education program during a school or program year in which the qualifying educator is engaged in qualifying service; ``(B) during the period of qualifying service, interest shall not accrue on the qualifying educator's covered loans; and ``(C) during the period of qualifying service, each monthly obligation that is cancelled by the Secretary under this paragraph on a covered loan shall be deemed to be a qualifying monthly payment made by the qualifying educator for purposes of the loan forgiveness program under section 455(m), if applicable. ``(3) Application.--The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan cancellation under this subsection. The application shall-- ``(A) be available for qualifying educators to file for loan cancellation under paragraph (1) and for monthly loan cancellation under paragraph (2); ``(B) include any certification requirements that the Secretary determines are necessary to verify qualifying service; and ``(C) allow for the verification of the qualifying service-- ``(i) in the case of an early childhood educator or an elementary or secondary school teacher serving in a high need school, by a school leader or the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); ``(ii) in the case of an early childhood educator serving in a early childhood education program, by the director of that program (or the director's designee); ``(iii) in the case of a school leader serving in a high need school, by the administrator of a local educational agency, educational service agency, Bureau of Indian Education, Native Hawaiian education system, or State educational agency that serves the school (or the administrator's designee); ``(iv) in the case of a director of an early childhood education program, a leader of the entity overseeing the early childhood education program; and ``(v) in the case of a family child care provider or the director of an early childhood education program that operates as a standalone center-based program (for example, a case in which the center is not part of a larger company) that is an early childhood education program, by self-certification with supporting documents, such as a business license, a listing with a public Child Care Resources and Referral website, or proof of participation in a Federal child care or preschool subsidy program. ``(4) Parent plus loans.-- ``(A) Parent plus loan on behalf of a student who is a qualifying educator.--A borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is a qualifying educator shall qualify for loan forgiveness and any other benefits under this section for the qualifying service of the student in the same manner and to the same extent as the student borrower qualifies for such loan forgiveness and other benefits. ``(B) Parent plus loan borrowed by a parent who is a qualifying educator.--The borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. ``(5) Recipients of prior loan cancellation.--A qualifying educator who received loan cancellation under this section as in effect before the date of enactment of the Loan Forgiveness for Educators Act of 2022-- ``(A) shall be eligible for loan cancellation of covered loans in accordance with subsection (c)(1), including any remaining covered loans; and ``(B) may count the service completed that qualified the qualifying educator for previous loan cancellation as qualifying service for purposes of subsection (c)(1). ``(6) Prohibition on requiring repayment.--A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any canceled loan. ``(f) List.-- ``(1) In General.--The Secretary shall-- ``(A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and ``(B) annually update such list. ``(2) List from previous year.--If the list of high need schools in which a qualifying educator may perform qualifying service is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make a determination about whether an individual meets the requirements for qualifying service. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any qualifying educator who performs qualifying service in a school that-- ``(A) is a high need school in any school year during such service; and ``(B) in a subsequent school year fails to meet the definition of a high need school, may continue to serve in such school and shall be eligible for loan cancellation pursuant to subsection (b). ``(2) Prevention of double benefits.--No qualifying educator may, for the same service, receive a benefit under both this section and-- ``(A) section 428K; or ``(B) subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). ``(3) No penalty for promotions.--Any qualifying educator who performs qualifying service in an early childhood education program or high need school and who is promoted to another position within that early childhood program or high need school after 1 or more years of qualifying service may continue to be employed in such position in such program or school and shall be eligible to count the period of employment in such position as qualifying service for loan cancellation pursuant to subsection (b). ``(h) Definitions.--In this section: ``(1) Bureau of indian education funded elementary or secondary school.--The term `Bureau of Indian Education funded elementary or secondary school' means-- ``(A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; ``(B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); and ``(C) an elementary or secondary school or dormitory operated pursuant to a contract under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). ``(2) Bureau of indian education early childhood development program.--The term `Bureau of Indian Education early childhood development program' means-- ``(A) a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 (25 U.S.C. 2019); or ``(B) an early childhood education program operated or funded by the Bureau of Indian Education (including Family and Child Education programs at schools funded by the Bureau of Indian Education authorized under section 1121 of the Education Amendments of 1978 (25 U.S.C. 2001)). ``(3) Covered loan.--The term `covered loan' means a loan made, insured, or guaranteed under this part. ``(4) Early childhood education program.--The term `early childhood education program' means-- ``(A) a high-need early childhood education program as defined in section 200; ``(B) a Head Start program (including an Early Head Start program) carried out under the Head Start Act (42 U.S.C. 9831 et seq.); ``(C) an early childhood education program, as defined in section 103; ``(D) a Bureau of Indian Education early childhood development program; ``(E) a Native Hawaiian education system early childhood education program; ``(F) a Tribal early childhood education program; or ``(G) a consortium of entities described in any of subparagraphs (A) through (F). ``(5) High need school.--The term `high need school' means-- ``(A) a public elementary or secondary school-- ``(i) with respect to which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965, exceeds 30 percent of the total number of children enrolled in such school; and ``(ii) that is served by a local educational agency that is eligible for assistance pursuant to part A of title I of the Elementary and Secondary Education Act of 1965; ``(B) a public elementary or secondary school or location operated by an educational service agency in which the number of children meeting a measure of poverty under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 exceeds 30 percent of the total number of children enrolled in such school or location; ``(C) a public elementary or secondary school identified by the State for comprehensive support and improvement, targeted support and improvement, or additional targeted support and improvement, under section 1111 of the Elementary and Secondary Education Act of 1965; ``(D) a Bureau of Indian Education funded elementary or secondary school; ``(E) an elementary or secondary school operated by a Tribal educational agency; or ``(F) a Native Hawaiian education system. ``(6) Indian tribe.--The term `Indian Tribe' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this subtitle pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). ``(7) Native hawaiian education system.--The term `Native Hawaiian education system' means an entity eligible to receive direct grants or enter into contracts with the Secretary under section 6205 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7515) to carry out the authorized activities under that section. ``(8) Qualifying educator.--Subject to subsection (i), the term `qualifying educator' means-- ``(A) an elementary or secondary school teacher who-- ``(i) has obtained full State or Tribal certification and licensure requirements for such employment; and ``(ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; ``(B) an early childhood educator who provides care or instruction to children; ``(C) a school leader of an elementary or secondary school who-- ``(i) has obtained full State or Tribal certification and licensure requirements for such employment; and ``(ii) has not had such certification or licensure requirements waived on an emergency, temporary, or provisional basis; or ``(D) an early childhood education program director (including a family child care provider). ``(9) Qualifying service.-- ``(A) In general.--Subject to subparagraph (B), the term `qualifying service' means-- ``(i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and ``(ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). ``(B) Exception.--In the case of a qualifying educator who is unable to complete a full school or program year of service, that year may still be counted toward the required qualifying service period under paragraphs (1) and (2) of subsection (c) if-- ``(i) the qualifying educator completed at least one-half of the school or program year; ``(ii) the employer considers the qualifying educator to have fulfilled the contract requirements for the school or program year for the purposes of salary increases, tenure, and retirement; and ``(iii) the qualifying educator was unable to complete the school or program year because-- ``(I) the qualifying educator returned to postsecondary education, on at least a half-time basis, in an area of study directly related to the performance of the qualifying service; ``(II) the qualifying educator experienced a condition described in section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612); ``(III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or ``(IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. ``(10) School leader.--The term `school leader' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(11) Tribal early childhood education program.--The term `Tribal early childhood education program' means any of the following programs: ``(A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.). ``(B) A Tribal child care and development program carried out under the Child Care and Development Block Grant of 1990 (42 U.S.C. 9858 et seq.). ``(C) A program serving children from birth through age 6 that-- ``(i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 (42 U.S.C. 2991b-3); ``(ii) is a Tribal prekindergarten program; ``(iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or ``(iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. ``(12) Tribal educational agency.--The term `Tribal educational agency' has the meaning given the term (without respect to capitalization) in section 6132(b) of the Elementary and Secondary Education Act of 1965. ``(13) Year.--The term `year', when applied to service as a qualifying educator, means a school or program year as defined by the Secretary or the Secretary of Health and Human Services, as applicable. ``(i) Special Rule.--An educator that provides instruction or curricular development in an Alaska Native, American Indian, or Native Hawaiian language or a Native American language as defined in the Native American Languages Act (25 U.S.C. 2902) shall be considered to be a qualifying educator regardless of whether the educator has achieved full State or Tribal certification and licensure requirements for such employment.''. (c) Effective Date; Program Name.-- (1) Effective date.--The amendments made by subsections (a) and (b) shall take effect on the day that is 180 days after the date of enactment of this Act. (2) Program name.--The programs under section 428J and 460 of the Higher Education Act of 1965, as amended by subsections (a) and (b), shall be known as Educator Loan Forgiveness Programs. (d) Technical Amendment.--Section 455(m)(4) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)(4)) is amended by striking ``section 428J, 428K, 428L, or 460'' and inserting ``section 428K or 428L''. SEC. 3. NOTICE TO BORROWERS. Not later than 180 days after the Secretary of Education implements the programs under this Act, the Secretary, in coordination with the Secretary of Health and Human Services, shall take such steps as may be necessary to inform high need schools and early childhood education programs (as defined in section 460 of the Higher Education Act of 1965, as amended by this Act), Head Start programs (including Early Head Start programs) carried out under the Head Start Act (42 U.S.C. 9831 et seq.), early childhood educators and program directors (including family child care providers and program directors), public school teachers, public school leaders, Bureau of Indian Education school teachers, Bureau of Indian Education school leaders, Native Hawaiian education system school teachers, Native Hawaiian education system school leaders, local educational agency leaders (such as superintendents), local educational agencies, educational service agencies, educational service agency leaders, chief State school officers, State educational agencies, students attending institutions of higher education, and other student loan borrowers, of the amendments made by this Act to the loan forgiveness and loan cancellation programs under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. 1078-10; 1087j), including an explanation of how loans accrued before the date of enactment of this Act may qualify for loan forgiveness or loan cancellation under such sections, as amended by this Act, and an explanation of how service performed before the date of enactment of this Act may count toward qualifying service requirements for purposes of such sections, as amended by this Act. SEC. 4. WAIVER OF NEGOTIATED RULEMAKING. In carrying out this Act and any amendments made by this Act, or any regulations promulgated under this Act or under such amendments, the Secretary of Education may waive the application of negotiated rulemaking under section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a). <all>

Loan Forgiveness for Educators Act of 2022

To provide enhanced student loan relief to educators.

Loan Forgiveness for Educators Act of 2022

Rep. Leger Fernandez, Teresa

D

NM

This bill expands the Teacher Loan Forgiveness program. Among other provisions, the bill (1) renames the program the Educator Loan Forgiveness program, (2) expands program eligibility to early childhood educators and program directors serving in early childhood education programs and school leaders serving in public high-need schools, and (3) establishes a program in which the Department of Education cancels monthly student loan payments during qualifying service and provides complete loan forgiveness after five years of service.

SHORT TITLE. 2. LOAN FORGIVENESS FOR EDUCATORS. ``(f) List.-- ``(1) In general.--The Secretary, shall-- ``(A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and ``(B) annually update such list. A qualifying educator may apply for the program under this section after the Secretary has begun carrying out the program. ``(h) Definitions.--In this section: ``(1) Bureau of indian education funded elementary or secondary school.--The term `Bureau of Indian Education funded elementary or secondary school' means-- ``(A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; ``(B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. ``(3) Covered loan.--The term `covered loan' means a loan made, insured, or guaranteed under this part. ); ``(C) an early childhood education program, as defined in section 103; ``(D) a Bureau of Indian Education early childhood development program; ``(E) a Native Hawaiian education system early childhood education program; ``(F) a Tribal early childhood education program; or ``(G) a consortium of entities described in any of subparagraphs (A) through (F). 7515) to carry out the authorized activities under that section. ``(11) Tribal early childhood education program.--The term `Tribal early childhood education program' means any of the following programs: ``(A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act (42 U.S.C. ``(13) Year.--The term `year', when applied to service as a qualifying educator, means a school or program year as defined by the Secretary or the Secretary of Health and Human Services, as applicable. 2902) shall be considered to be a qualifying educator regardless of whether the educator has achieved full State or Tribal certification and licensure requirements for such employment.''. (c) Effective Date; Program Name.-- (1) Effective date.--The amendments made by subsections (a) and (b) shall take effect on the day that is 180 days after the date of enactment of this Act. 3. 9831 et seq. ), early childhood educators and program directors (including family child care providers and program directors), public school teachers, public school leaders, Bureau of Indian Education school teachers, Bureau of Indian Education school leaders, Native Hawaiian education system school teachers, Native Hawaiian education system school leaders, local educational agency leaders (such as superintendents), local educational agencies, educational service agencies, educational service agency leaders, chief State school officers, State educational agencies, students attending institutions of higher education, and other student loan borrowers, of the amendments made by this Act to the loan forgiveness and loan cancellation programs under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. SEC. 4.

2. LOAN FORGIVENESS FOR EDUCATORS. ``(f) List.-- ``(1) In general.--The Secretary, shall-- ``(A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and ``(B) annually update such list. A qualifying educator may apply for the program under this section after the Secretary has begun carrying out the program. ``(h) Definitions.--In this section: ``(1) Bureau of indian education funded elementary or secondary school.--The term `Bureau of Indian Education funded elementary or secondary school' means-- ``(A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; ``(B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. ); ``(C) an early childhood education program, as defined in section 103; ``(D) a Bureau of Indian Education early childhood development program; ``(E) a Native Hawaiian education system early childhood education program; ``(F) a Tribal early childhood education program; or ``(G) a consortium of entities described in any of subparagraphs (A) through (F). ``(13) Year.--The term `year', when applied to service as a qualifying educator, means a school or program year as defined by the Secretary or the Secretary of Health and Human Services, as applicable. 2902) shall be considered to be a qualifying educator regardless of whether the educator has achieved full State or Tribal certification and licensure requirements for such employment.''. 3. 9831 et seq. ), early childhood educators and program directors (including family child care providers and program directors), public school teachers, public school leaders, Bureau of Indian Education school teachers, Bureau of Indian Education school leaders, Native Hawaiian education system school teachers, Native Hawaiian education system school leaders, local educational agency leaders (such as superintendents), local educational agencies, educational service agencies, educational service agency leaders, chief State school officers, State educational agencies, students attending institutions of higher education, and other student loan borrowers, of the amendments made by this Act to the loan forgiveness and loan cancellation programs under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. 4.

SHORT TITLE. 2. 1078-10) is amended to read as follows: ``SEC. LOAN FORGIVENESS FOR EDUCATORS. ``(f) List.-- ``(1) In general.--The Secretary, shall-- ``(A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and ``(B) annually update such list. A qualifying educator may apply for the program under this section after the Secretary has begun carrying out the program. ``(B) Parent plus loan borrowed by a parent who is a qualifying educator.--The borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. ``(6) Prohibition on requiring repayment.--A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). ``(h) Definitions.--In this section: ``(1) Bureau of indian education funded elementary or secondary school.--The term `Bureau of Indian Education funded elementary or secondary school' means-- ``(A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; ``(B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. ``(3) Covered loan.--The term `covered loan' means a loan made, insured, or guaranteed under this part. ); ``(C) an early childhood education program, as defined in section 103; ``(D) a Bureau of Indian Education early childhood development program; ``(E) a Native Hawaiian education system early childhood education program; ``(F) a Tribal early childhood education program; or ``(G) a consortium of entities described in any of subparagraphs (A) through (F). 7515) to carry out the authorized activities under that section. 2612); ``(III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or ``(IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. ``(11) Tribal early childhood education program.--The term `Tribal early childhood education program' means any of the following programs: ``(A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act (42 U.S.C. 2991b-3); ``(ii) is a Tribal prekindergarten program; ``(iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or ``(iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. ``(13) Year.--The term `year', when applied to service as a qualifying educator, means a school or program year as defined by the Secretary or the Secretary of Health and Human Services, as applicable. 2902) shall be considered to be a qualifying educator regardless of whether the educator has achieved full State or Tribal certification and licensure requirements for such employment.''. (c) Effective Date; Program Name.-- (1) Effective date.--The amendments made by subsections (a) and (b) shall take effect on the day that is 180 days after the date of enactment of this Act. 3. 9831 et seq. ), early childhood educators and program directors (including family child care providers and program directors), public school teachers, public school leaders, Bureau of Indian Education school teachers, Bureau of Indian Education school leaders, Native Hawaiian education system school teachers, Native Hawaiian education system school leaders, local educational agency leaders (such as superintendents), local educational agencies, educational service agencies, educational service agency leaders, chief State school officers, State educational agencies, students attending institutions of higher education, and other student loan borrowers, of the amendments made by this Act to the loan forgiveness and loan cancellation programs under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. SEC. 4.

SHORT TITLE. 2. 1078-10) is amended to read as follows: ``SEC. LOAN FORGIVENESS FOR EDUCATORS. ``(f) List.-- ``(1) In general.--The Secretary, shall-- ``(A) as soon as practicable, produce and make publicly available a list of high need schools for purposes of this section; and ``(B) annually update such list. A qualifying educator may apply for the program under this section after the Secretary has begun carrying out the program. ``(3) Application.--The Secretary shall develop and make publicly available an application for qualifying educators who wish to receive loan cancellation under this subsection. ``(B) Parent plus loan borrowed by a parent who is a qualifying educator.--The borrower of a parent Federal Direct PLUS Loan issued on behalf of a student who is not a qualifying educator shall also qualify for loan forgiveness and any other benefits under this section for qualifying service if that parent borrower is engaged in qualifying service and meets the requirements of this section. ``(6) Prohibition on requiring repayment.--A qualifying educator shall not be required to repay any amounts paid under this subsection if that qualifying educator who engages in qualifying service ends the qualifying service before the end of a school or program year, or before the end of the 5-year period described in paragraph (1). ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(h) Definitions.--In this section: ``(1) Bureau of indian education funded elementary or secondary school.--The term `Bureau of Indian Education funded elementary or secondary school' means-- ``(A) an elementary or secondary school or dormitory operated by the Bureau of Indian Education; ``(B) an elementary or secondary school or dormitory operated pursuant to a grant under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2001)). ``(3) Covered loan.--The term `covered loan' means a loan made, insured, or guaranteed under this part. ); ``(C) an early childhood education program, as defined in section 103; ``(D) a Bureau of Indian Education early childhood development program; ``(E) a Native Hawaiian education system early childhood education program; ``(F) a Tribal early childhood education program; or ``(G) a consortium of entities described in any of subparagraphs (A) through (F). 5131). 7515) to carry out the authorized activities under that section. ``(9) Qualifying service.-- ``(A) In general.--Subject to subparagraph (B), the term `qualifying service' means-- ``(i) in the case of a qualifying educator described in subparagraph (A) or (C) of paragraph (8), employment as a full-time qualifying educator in a high need school; and ``(ii) in the case of a qualifying educator described in subparagraph (B) or (D) of paragraph (8), employment as a full-time qualifying educator in an early childhood education program (including school-based programs). 2612); ``(III) the qualifying educator was called or ordered to Federal or State active duty status, or Active Service as a member of a Reserve Component of the Armed Forces named in section 10101 of title 10, United States Code, or service as a member of the National Guard on full-time National Guard duty, as defined in section 101(d)(5) of title 10, United States Code; or ``(IV) the qualifying educator resides in or is employed in a disaster area, as declared by any Federal, State, or local official in connection with a national emergency. ``(11) Tribal early childhood education program.--The term `Tribal early childhood education program' means any of the following programs: ``(A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act (42 U.S.C. 2991b-3); ``(ii) is a Tribal prekindergarten program; ``(iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or ``(iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian Tribe. ``(13) Year.--The term `year', when applied to service as a qualifying educator, means a school or program year as defined by the Secretary or the Secretary of Health and Human Services, as applicable. 2902) shall be considered to be a qualifying educator regardless of whether the educator has achieved full State or Tribal certification and licensure requirements for such employment.''. (c) Effective Date; Program Name.-- (1) Effective date.--The amendments made by subsections (a) and (b) shall take effect on the day that is 180 days after the date of enactment of this Act. 3. 9831 et seq. ), early childhood educators and program directors (including family child care providers and program directors), public school teachers, public school leaders, Bureau of Indian Education school teachers, Bureau of Indian Education school leaders, Native Hawaiian education system school teachers, Native Hawaiian education system school leaders, local educational agency leaders (such as superintendents), local educational agencies, educational service agencies, educational service agency leaders, chief State school officers, State educational agencies, students attending institutions of higher education, and other student loan borrowers, of the amendments made by this Act to the loan forgiveness and loan cancellation programs under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. SEC. 4. WAIVER OF NEGOTIATED RULEMAKING.

S.1379

Science, Technology, Communications

Combating Sexual Harassment in Science Act This bill addresses sexual harassment in the science, technology, engineering, and mathematics (STEM) fields by supporting research regarding sexual harassment and efforts to prevent and respond to sexual harassment. This bill directs the National Science Foundation (NSF) to award grants to institutions of higher education or nonprofit organizations (or their consortia) to The NSF must convene a working group to gather national data on the prevalence, nature, and implications of such harassment in institutions of higher education. The NSF shall enter into agreements with the National Academies of Sciences, Engineering, and Medicine to (1) update a responsible conduct guide issued by the National Academies to include, among other things, evidence-based practices for fostering a climate that is intolerant of sexual harassment; and (2) study the influence of sexual harassment in institutions of higher education on the career advancement of individuals in the STEM workforce. The National Science and Technology Council shall establish an interagency working group to coordinate the federal science agencies' efforts to reduce the prevalence of sexual harassment involving grant personnel. The Office of Science and Technology Policy must develop policy guidelines for such agencies to prevent and respond to reports of sexual harassment and gender harassment.

To provide for research to better understand the causes and consequences of sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce and to examine policies to reduce the prevalence and negative impact of such harassment, 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Combating Sexual Harassment in Science Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Research grants. Sec. 5. Data collection. Sec. 6. Responsible conduct guide. Sec. 7. Interagency working group. Sec. 8. National academies assessment. Sec. 9. Government Accountability Office Study. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the report issued by the National Academies of Sciences, Engineering, and Medicine in 2018 entitled ``Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine''-- (A) sexual harassment is pervasive in institutions of higher education; (B) the most common type of sexual harassment is gender harassment, which includes verbal and nonverbal behaviors that convey insulting, hostile, and degrading attitudes about members of one gender; (C) 58 percent of employees in the academic workplace experience sexual harassment, the second highest rate when compared to the military, the private sector, and Federal, State, and local government; (D) women of color are more likely to experience sexual harassment and to feel unsafe at work than white women, white men, or men of color; (E) the training for each individual who has a doctor of philosophy in the science, technology, engineering, and mathematics fields is estimated to cost approximately $500,000; and (F) attrition of an individual so trained results in a loss of talent and money. (2) Sexual harassment undermines career advancement for women. (3) According to a 2017 study led by Dr. Kathryn Clancy at the University of Illinois, among astronomers and planetary scientists, 18 percent of women of color and 12 percent of white women skipped professional events because they did not feel safe attending. (4) Many women report leaving employment at institutions of higher education due to sexual harassment. (5) Research shows the majority of individuals do not formally report experiences of sexual harassment due to a justified fear of retaliation or other negative professional or personal consequences. (6) Reporting procedures with respect to such harassment are inconsistent among Federal science agencies and have varying degrees of accessibility. (7) There is not adequate communication among Federal science agencies and between such agencies and grant recipients regarding reports of sexual harassment, which has resulted in harassers receiving Federal funding after moving to a different institution. SEC. 3. DEFINITIONS. In this Act: (1) Academies.--The term ``Academies'' means the National Academies of Sciences, Engineering, and Medicine. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. (3) Federal science agency.--The term ``Federal science agency'' means any Federal agency with an annual extramural research expenditure of over $100,000,000. (4) Grant personnel.--The term ``grant personnel'' means principal investigators and co-principal investigators supported by a grant award under Federal law and their trainees. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Recipient.--The term ``recipient'' means an entity, usually a non-Federal entity, that receives a Federal award directly from a Federal awarding agency. The term ``recipient'' does not include entities that receive subgrants or individuals that are the beneficiaries of the award. (7) Sexual harassment.--The term ``sexual harassment'' means conduct that encompasses-- (A) verbal and nonverbal behaviors that are severe and pervasive and convey, among other things, hostility, objectification, ridicule, exclusion, or second-class status about one's sex (including sexual orientation, gender identity, gender presentation, or pregnancy status); (B) unwelcome sexual advances; (C) unwanted physical contact that is sexual in nature, including assault; (D) unwanted sexual attention, including sexual comments and propositions for sexual activity; (E) conditioning professional or educational benefits on sexual activity; and (F) retaliation for rejecting unwanted sexual attention. SEC. 4. RESEARCH GRANTS. (a) In General.--The Director shall award grants, on a competitive basis, to institutions of higher education or nonprofit organizations (or consortia of such institutions or organizations)-- (1) to expand research efforts to better understand the factors contributing to, and consequences of, sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce, including students and trainees; and (2) to examine interventions to reduce the incidence and negative consequences of such harassment. (b) Use of Funds.--Activities funded by a grant under this section may include-- (1) research on the sexual harassment experiences of individuals in underrepresented or vulnerable groups, including communities of color, disabled individuals, foreign nationals, sexual- and gender-minority individuals, and others; (2) development and assessment of policies, procedures, trainings, and interventions, with respect to sexual harassment, conflict management, and ways to foster respectful and inclusive climates; (3) research on approaches for remediating the negative impacts and outcomes of such harassment on individuals experiencing such harassment; (4) support for institutions of higher education or nonprofit organizations to develop, adapt, implement, and assess the impact of innovative, evidence-based strategies, policies, and approaches to policy implementation to prevent and address sexual harassment; (5) research on alternatives to the power dynamics and hierarchical and dependent relationships in academia that have been shown to create higher levels of risk for and lower levels of reporting of sexual harassment; and (6) establishing a center for the ongoing compilation, management, and analysis of organizational climate survey data. SEC. 5. DATA COLLECTION. Not later than 180 days after the date of enactment of this Act, the Director, through the National Center for Science and Engineering Statistics and with guidance from the Office of Management and Budget given their oversight of the Federal statistical agencies, shall convene a working group composed of representatives of Federal statistical agencies-- (1) to develop questions on sexual harassment in science, technology, engineering, and mathematics departments to gather national data on the prevalence, nature, and implications of sexual harassment in institutions of higher education that builds on the work conducted by the National Center for Science and Engineering Statistics in response to recommendations from the Academies to develop questions on harassment; and (2) to include such questions as appropriate, with sufficient protections of the privacy of respondents, in relevant surveys conducted by the National Center for Science and Engineering Statistics and other relevant entities. SEC. 6. RESPONSIBLE CONDUCT GUIDE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to update the report entitled ``On Being a Scientist: A Guide to Responsible Conduct in Research'' issued by the Academies. The report, as so updated, shall include-- (1) updated professional standards of conduct in research; (2) standards of treatment individuals can expect to receive under such updated standards of conduct; (3) evidence-based practices for fostering a climate intolerant of sexual harassment; (4) methods, including bystander intervention, for identifying and addressing incidents of sexual harassment; (5) professional standards for mentorship and teaching with an emphasis on power diffusion mechanisms and preventing sexual harassment; and (6) recommended vetting and hiring practices scientific research entities are urged to implement to increase diversity and eliminate serial harassers. (b) Recommendations.--In updating the report under subsection (a), the Academies shall take into account recommendations made in the report issued by the Academies in 2018 entitled ``Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine'' and other relevant studies and evidence. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subsection, as updated pursuant to such subsection. SEC. 7. INTERAGENCY WORKING GROUP. (a) In General.--The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish an interagency working group for the purpose of coordinating Federal science agency efforts to reduce the prevalence of sexual harassment involving grant personnel. The working group shall be chaired by the Director of the Office of Science and Technology Policy (or the Director's designee) and shall include a representative from each Federal science agency with annual extramural research expenditures totaling over $1,000,000,000, representatives from the Department of Education, and a representative from the Equal Employment Opportunity Commission. (b) Responsibilities of Working Group.--The interagency working group established under subsection (a) shall coordinate Federal science agency efforts to implement the policy guidelines developed under subsection (c)(2). (c) Responsibilities of OSTP.--The Director of the Office of Science and Technology Policy shall-- (1) not later than 90 days after the date of the enactment of this Act, submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an inventory of Federal science agency policies, procedures, and resources dedicated to preventing and responding to reports of sexual harassment; (2) not later than 6 months after the date on which the inventory is submitted under paragraph (1)-- (A) in consultation with outside stakeholders, develop a set of policy guidelines for Federal science agencies; and (B) submit a report to the committees referred to in paragraph (1) containing such guidelines; (3) encourage and monitor efforts of Federal science agencies to develop or maintain and implement policies based on the guidelines developed under paragraph (2); (4) not later than 1 year after the date on which the inventory under paragraph (1) is submitted, and every 5 years thereafter, the Director of the Office of Science and Technology Policy shall report to Congress on the implementation by Federal science agencies of the policy guidelines developed under paragraph (2); and (5) update such policy guidelines as needed. (d) Requirements.-- (1) In general.--In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall consider guidelines that require-- (A) recipients to submit to the Federal science agency or agencies from which the recipients receive funding reports relating to-- (i) findings or determinations of sexual harassment by or of grant personnel; and (ii) any decisions made to place grant personnel on administrative leave or impose any administrative action on grant personnel related to any sexual harassment investigation; (B) the updating, sharing, and archiving of reports of sexual harassment from recipients submitted under subparagraph (A) with relevant Federal science agencies by agency request; and (C) to the extent practicable, consistency among relevant Federal science agencies with regards to the policies and procedures for receiving reports submitted pursuant to subparagraph (A). (2) FERPA.--The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the ``Family Educational Rights and Privacy Act of 1974''). (e) Considerations.--In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall consider protocols that-- (1) require recipients that receive funds from Federal science agencies to periodically assess their organizational climate, which may include the use of climate surveys, focus groups, or exit interviews; (2) require recipients that receive funds from Federal science agencies to publish on a publicly available internet website the results of assessments conducted pursuant to paragraph (1), disaggregated by gender and, if possible, race, ethnicity, disability status, and sexual orientation; (3) require recipients that receive funds from Federal science agencies to make public on an annual basis the number of reports of sexual harassment at that institution or organization; (4) require recipients that receive funds from Federal science agencies to regularly assess and improve policies, procedures, and interventions to reduce the prevalence of and improve the reporting of sexual harassment; (5) require each entity applying for Federal assistance awards from a Federal science agency to have a code of conduct for maintaining a healthy and welcoming workplace for grant personnel posted on their public website; (6) require each recipient that receives funds from Federal science agencies to have in place mechanisms for the re- integration of individuals who have experienced sexual harassment; and (7) reward and incentivize recipients that receive funds from Federal science agencies that are working to create a climate intolerant of sexual harassment and that values and promotes diversity and inclusion. (f) Federal Science Agency Implementation.--Each Federal science agency shall-- (1) develop or maintain and implement policies with respect to sexual harassment that are consistent with policy guidelines under subsection (c)(2) and that protect the privacy of all parties involved in any report and investigation of sexual harassment, except to the extent necessary to carry out an investigation; and (2) broadly disseminate such policies to current and potential recipients of research grants awarded by such agency. (g) Sunset.--The interagency working group established under subsection (a) shall terminate on the date that is 7 years after the date of the enactment of this Act. SEC. 8. NATIONAL ACADEMIES ASSESSMENT. Not later than 3 years after the date of enactment of this Act, the Director shall enter into an agreement with the Academies to undertake a study of the influence of sexual harassment in institutions of higher education on the career advancement of individuals in the scientific, engineering, technical, and mathematics workforce. The study shall assess-- (1) the state of research on sexual harassment in such workforce; (2) whether research demonstrates a decrease in the prevalence of sexual harassment in such workforce; (3) the progress made with respect to implementing recommendations promulgated in the Academies consensus study report entitled ``Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine''; and (4) where to focus future efforts with respect to decreasing sexual harassment in such institutions. SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE STUDY. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) complete a study that assesses the degree to which Federal science agencies have implemented the policy guidelines developed under section 7(c)(2) and the effectiveness of that implementation; and (2) submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the results of such study, including recommendations on potential changes to practices and policies to improve those guidelines and that implementation. <all>

Combating Sexual Harassment in Science Act of 2021

A bill to provide for research to better understand the causes and consequences of sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce and to examine policies to reduce the prevalence and negative impact of such harassment, and for other purposes.

Combating Sexual Harassment in Science Act of 2021

Sen. Blumenthal, Richard

D

CT

This bill addresses sexual harassment in the science, technology, engineering, and mathematics (STEM) fields by supporting research regarding sexual harassment and efforts to prevent and respond to sexual harassment. This bill directs the National Science Foundation (NSF) to award grants to institutions of higher education or nonprofit organizations (or their consortia) to The NSF must convene a working group to gather national data on the prevalence, nature, and implications of such harassment in institutions of higher education. The NSF shall enter into agreements with the National Academies of Sciences, Engineering, and Medicine to (1) update a responsible conduct guide issued by the National Academies to include, among other things, evidence-based practices for fostering a climate that is intolerant of sexual harassment; and (2) study the influence of sexual harassment in institutions of higher education on the career advancement of individuals in the STEM workforce. The National Science and Technology Council shall establish an interagency working group to coordinate the federal science agencies' efforts to reduce the prevalence of sexual harassment involving grant personnel. The Office of Science and Technology Policy must develop policy guidelines for such agencies to prevent and respond to reports of sexual harassment and gender harassment.

To provide for research to better understand the causes and consequences of sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce and to examine policies to reduce the prevalence and negative impact of such harassment, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. Research grants. Data collection. Responsible conduct guide. Interagency working group. National academies assessment. Sec. Government Accountability Office Study. 2. (2) Sexual harassment undermines career advancement for women. (6) Reporting procedures with respect to such harassment are inconsistent among Federal science agencies and have varying degrees of accessibility. (3) Federal science agency.--The term ``Federal science agency'' means any Federal agency with an annual extramural research expenditure of over $100,000,000. (4) Grant personnel.--The term ``grant personnel'' means principal investigators and co-principal investigators supported by a grant award under Federal law and their trainees. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. The term ``recipient'' does not include entities that receive subgrants or individuals that are the beneficiaries of the award. (7) Sexual harassment.--The term ``sexual harassment'' means conduct that encompasses-- (A) verbal and nonverbal behaviors that are severe and pervasive and convey, among other things, hostility, objectification, ridicule, exclusion, or second-class status about one's sex (including sexual orientation, gender identity, gender presentation, or pregnancy status); (B) unwelcome sexual advances; (C) unwanted physical contact that is sexual in nature, including assault; (D) unwanted sexual attention, including sexual comments and propositions for sexual activity; (E) conditioning professional or educational benefits on sexual activity; and (F) retaliation for rejecting unwanted sexual attention. 4. 5. 6. (b) Recommendations.--In updating the report under subsection (a), the Academies shall take into account recommendations made in the report issued by the Academies in 2018 entitled ``Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine'' and other relevant studies and evidence. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subsection, as updated pursuant to such subsection. 7. (2) FERPA.--The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 8. 9.

To provide for research to better understand the causes and consequences of sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce and to examine policies to reduce the prevalence and negative impact of such harassment, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. Research grants. Data collection. Responsible conduct guide. Interagency working group. National academies assessment. Sec. 2. (2) Sexual harassment undermines career advancement for women. (6) Reporting procedures with respect to such harassment are inconsistent among Federal science agencies and have varying degrees of accessibility. (3) Federal science agency.--The term ``Federal science agency'' means any Federal agency with an annual extramural research expenditure of over $100,000,000. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. The term ``recipient'' does not include entities that receive subgrants or individuals that are the beneficiaries of the award. 4. 5. 6. (b) Recommendations.--In updating the report under subsection (a), the Academies shall take into account recommendations made in the report issued by the Academies in 2018 entitled ``Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine'' and other relevant studies and evidence. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subsection, as updated pursuant to such subsection. 7. (2) FERPA.--The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. 8. 9.

To provide for research to better understand the causes and consequences of sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce and to examine policies to reduce the prevalence and negative impact of such harassment, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. 1. Findings. Definitions. Research grants. Data collection. Responsible conduct guide. Interagency working group. National academies assessment. Sec. Government Accountability Office Study. 2. (2) Sexual harassment undermines career advancement for women. (3) According to a 2017 study led by Dr. Kathryn Clancy at the University of Illinois, among astronomers and planetary scientists, 18 percent of women of color and 12 percent of white women skipped professional events because they did not feel safe attending. (6) Reporting procedures with respect to such harassment are inconsistent among Federal science agencies and have varying degrees of accessibility. (3) Federal science agency.--The term ``Federal science agency'' means any Federal agency with an annual extramural research expenditure of over $100,000,000. (4) Grant personnel.--The term ``grant personnel'' means principal investigators and co-principal investigators supported by a grant award under Federal law and their trainees. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. The term ``recipient'' does not include entities that receive subgrants or individuals that are the beneficiaries of the award. (7) Sexual harassment.--The term ``sexual harassment'' means conduct that encompasses-- (A) verbal and nonverbal behaviors that are severe and pervasive and convey, among other things, hostility, objectification, ridicule, exclusion, or second-class status about one's sex (including sexual orientation, gender identity, gender presentation, or pregnancy status); (B) unwelcome sexual advances; (C) unwanted physical contact that is sexual in nature, including assault; (D) unwanted sexual attention, including sexual comments and propositions for sexual activity; (E) conditioning professional or educational benefits on sexual activity; and (F) retaliation for rejecting unwanted sexual attention. 4. 5. 6. (b) Recommendations.--In updating the report under subsection (a), the Academies shall take into account recommendations made in the report issued by the Academies in 2018 entitled ``Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine'' and other relevant studies and evidence. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subsection, as updated pursuant to such subsection. 7. (2) FERPA.--The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. (e) Considerations.--In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall consider protocols that-- (1) require recipients that receive funds from Federal science agencies to periodically assess their organizational climate, which may include the use of climate surveys, focus groups, or exit interviews; (2) require recipients that receive funds from Federal science agencies to publish on a publicly available internet website the results of assessments conducted pursuant to paragraph (1), disaggregated by gender and, if possible, race, ethnicity, disability status, and sexual orientation; (3) require recipients that receive funds from Federal science agencies to make public on an annual basis the number of reports of sexual harassment at that institution or organization; (4) require recipients that receive funds from Federal science agencies to regularly assess and improve policies, procedures, and interventions to reduce the prevalence of and improve the reporting of sexual harassment; (5) require each entity applying for Federal assistance awards from a Federal science agency to have a code of conduct for maintaining a healthy and welcoming workplace for grant personnel posted on their public website; (6) require each recipient that receives funds from Federal science agencies to have in place mechanisms for the re- integration of individuals who have experienced sexual harassment; and (7) reward and incentivize recipients that receive funds from Federal science agencies that are working to create a climate intolerant of sexual harassment and that values and promotes diversity and inclusion. 8. 9.

To provide for research to better understand the causes and consequences of sexual harassment affecting individuals in the scientific, technical, engineering, and mathematics workforce and to examine policies to reduce the prevalence and negative impact of such harassment, 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; TABLE OF CONTENTS. 1. Findings. Definitions. Research grants. Data collection. Responsible conduct guide. Interagency working group. National academies assessment. Sec. Government Accountability Office Study. 2. (2) Sexual harassment undermines career advancement for women. (3) According to a 2017 study led by Dr. Kathryn Clancy at the University of Illinois, among astronomers and planetary scientists, 18 percent of women of color and 12 percent of white women skipped professional events because they did not feel safe attending. (6) Reporting procedures with respect to such harassment are inconsistent among Federal science agencies and have varying degrees of accessibility. (3) Federal science agency.--The term ``Federal science agency'' means any Federal agency with an annual extramural research expenditure of over $100,000,000. (4) Grant personnel.--The term ``grant personnel'' means principal investigators and co-principal investigators supported by a grant award under Federal law and their trainees. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). The term ``recipient'' does not include entities that receive subgrants or individuals that are the beneficiaries of the award. (7) Sexual harassment.--The term ``sexual harassment'' means conduct that encompasses-- (A) verbal and nonverbal behaviors that are severe and pervasive and convey, among other things, hostility, objectification, ridicule, exclusion, or second-class status about one's sex (including sexual orientation, gender identity, gender presentation, or pregnancy status); (B) unwelcome sexual advances; (C) unwanted physical contact that is sexual in nature, including assault; (D) unwanted sexual attention, including sexual comments and propositions for sexual activity; (E) conditioning professional or educational benefits on sexual activity; and (F) retaliation for rejecting unwanted sexual attention. 4. 5. Not later than 180 days after the date of enactment of this Act, the Director, through the National Center for Science and Engineering Statistics and with guidance from the Office of Management and Budget given their oversight of the Federal statistical agencies, shall convene a working group composed of representatives of Federal statistical agencies-- (1) to develop questions on sexual harassment in science, technology, engineering, and mathematics departments to gather national data on the prevalence, nature, and implications of sexual harassment in institutions of higher education that builds on the work conducted by the National Center for Science and Engineering Statistics in response to recommendations from the Academies to develop questions on harassment; and (2) to include such questions as appropriate, with sufficient protections of the privacy of respondents, in relevant surveys conducted by the National Center for Science and Engineering Statistics and other relevant entities. 6. (b) Recommendations.--In updating the report under subsection (a), the Academies shall take into account recommendations made in the report issued by the Academies in 2018 entitled ``Sexual Harassment of Women: Climate, Culture, and Consequences in Academic Sciences, Engineering, and Medicine'' and other relevant studies and evidence. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), the Academies, as part of such agreement, shall submit to the Director and the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the report referred to in such subsection, as updated pursuant to such subsection. 7. (2) FERPA.--The Director of the Office of Science and Technology Policy shall ensure that such guidelines and requirements are consistent with the requirements of section 444 of the General Education Provisions Act (20 U.S.C. (e) Considerations.--In developing policy guidelines under subsection (c)(2), the Director of the Office of Science and Technology Policy shall consider protocols that-- (1) require recipients that receive funds from Federal science agencies to periodically assess their organizational climate, which may include the use of climate surveys, focus groups, or exit interviews; (2) require recipients that receive funds from Federal science agencies to publish on a publicly available internet website the results of assessments conducted pursuant to paragraph (1), disaggregated by gender and, if possible, race, ethnicity, disability status, and sexual orientation; (3) require recipients that receive funds from Federal science agencies to make public on an annual basis the number of reports of sexual harassment at that institution or organization; (4) require recipients that receive funds from Federal science agencies to regularly assess and improve policies, procedures, and interventions to reduce the prevalence of and improve the reporting of sexual harassment; (5) require each entity applying for Federal assistance awards from a Federal science agency to have a code of conduct for maintaining a healthy and welcoming workplace for grant personnel posted on their public website; (6) require each recipient that receives funds from Federal science agencies to have in place mechanisms for the re- integration of individuals who have experienced sexual harassment; and (7) reward and incentivize recipients that receive funds from Federal science agencies that are working to create a climate intolerant of sexual harassment and that values and promotes diversity and inclusion. (g) Sunset.--The interagency working group established under subsection (a) shall terminate on the date that is 7 years after the date of the enactment of this Act. 8. 9.

H.R.1557

Taxation

Sunshine Forever Act This bill extends for ten years the 30% energy tax credit and its phaseout for solar energy property. It also extends for a ten year period the tax credit for residential energy efficient property with respect to qualified solar electric property and water heating property.

To amend the Internal Revenue Code of 1986 to extend certain credits related to solar energy. 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 ``Sunshine Forever Act''. SEC. 2. EXTENSION OF SOLAR ENERGY CREDIT. (a) In General.--Section 48(a)(2)(A)(i)(II) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2024'' and inserting ``January 1, 2035''. (b) Repeal of Phaseout.--Section 48(a) of such Code is amended by striking paragraph (6). (c) Effective Date.--The amendments made by this section shall apply to property the construction of which begins after December 31, 2020. SEC. 3. EXTENSION OF CREDITS WITH RESPECT TO QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED SOLAR WATER HEATING PROPERTY. (a) In General.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2034, in the case of any qualified solar electric property expenditures and qualified solar water heating property expenditures)'' before the period at the end. (b) Phaseout Not Applicable.--Section 25D(g) of such Code is amended by inserting ``in the case of any expenditure other than any qualified solar electric property expenditure or qualified solar water heating property expenditure,'' after ``For purposes of subsection (a),''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2020. <all>

Sunshine Forever Act

To amend the Internal Revenue Code of 1986 to extend certain credits related to solar energy.

Sunshine Forever Act

Rep. Crist, Charlie

D

FL

This bill extends for ten years the 30% energy tax credit and its phaseout for solar energy property. It also extends for a ten year period the tax credit for residential energy efficient property with respect to qualified solar electric property and water heating property.

To amend the Internal Revenue Code of 1986 to extend certain credits related to solar energy. 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 ``Sunshine Forever Act''. SEC. 2. EXTENSION OF SOLAR ENERGY CREDIT. (a) In General.--Section 48(a)(2)(A)(i)(II) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2024'' and inserting ``January 1, 2035''. (b) Repeal of Phaseout.--Section 48(a) of such Code is amended by striking paragraph (6). (c) Effective Date.--The amendments made by this section shall apply to property the construction of which begins after December 31, 2020. SEC. 3. EXTENSION OF CREDITS WITH RESPECT TO QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED SOLAR WATER HEATING PROPERTY. (a) In General.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2034, in the case of any qualified solar electric property expenditures and qualified solar water heating property expenditures)'' before the period at the end. (b) Phaseout Not Applicable.--Section 25D(g) of such Code is amended by inserting ``in the case of any expenditure other than any qualified solar electric property expenditure or qualified solar water heating property expenditure,'' after ``For purposes of subsection (a),''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to extend certain credits related to solar energy. 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 ``Sunshine Forever Act''. SEC. 2. EXTENSION OF SOLAR ENERGY CREDIT. (a) In General.--Section 48(a)(2)(A)(i)(II) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2024'' and inserting ``January 1, 2035''. (b) Repeal of Phaseout.--Section 48(a) of such Code is amended by striking paragraph (6). (c) Effective Date.--The amendments made by this section shall apply to property the construction of which begins after December 31, 2020. SEC. 3. EXTENSION OF CREDITS WITH RESPECT TO QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED SOLAR WATER HEATING PROPERTY. (a) In General.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2034, in the case of any qualified solar electric property expenditures and qualified solar water heating property expenditures)'' before the period at the end. (b) Phaseout Not Applicable.--Section 25D(g) of such Code is amended by inserting ``in the case of any expenditure other than any qualified solar electric property expenditure or qualified solar water heating property expenditure,'' after ``For purposes of subsection (a),''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to extend certain credits related to solar energy. 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 ``Sunshine Forever Act''. SEC. 2. EXTENSION OF SOLAR ENERGY CREDIT. (a) In General.--Section 48(a)(2)(A)(i)(II) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2024'' and inserting ``January 1, 2035''. (b) Repeal of Phaseout.--Section 48(a) of such Code is amended by striking paragraph (6). (c) Effective Date.--The amendments made by this section shall apply to property the construction of which begins after December 31, 2020. SEC. 3. EXTENSION OF CREDITS WITH RESPECT TO QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED SOLAR WATER HEATING PROPERTY. (a) In General.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2034, in the case of any qualified solar electric property expenditures and qualified solar water heating property expenditures)'' before the period at the end. (b) Phaseout Not Applicable.--Section 25D(g) of such Code is amended by inserting ``in the case of any expenditure other than any qualified solar electric property expenditure or qualified solar water heating property expenditure,'' after ``For purposes of subsection (a),''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to extend certain credits related to solar energy. 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 ``Sunshine Forever Act''. SEC. 2. EXTENSION OF SOLAR ENERGY CREDIT. (a) In General.--Section 48(a)(2)(A)(i)(II) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2024'' and inserting ``January 1, 2035''. (b) Repeal of Phaseout.--Section 48(a) of such Code is amended by striking paragraph (6). (c) Effective Date.--The amendments made by this section shall apply to property the construction of which begins after December 31, 2020. SEC. 3. EXTENSION OF CREDITS WITH RESPECT TO QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED SOLAR WATER HEATING PROPERTY. (a) In General.--Section 25D(h) of the Internal Revenue Code of 1986 is amended by inserting ``(December 31, 2034, in the case of any qualified solar electric property expenditures and qualified solar water heating property expenditures)'' before the period at the end. (b) Phaseout Not Applicable.--Section 25D(g) of such Code is amended by inserting ``in the case of any expenditure other than any qualified solar electric property expenditure or qualified solar water heating property expenditure,'' after ``For purposes of subsection (a),''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2020. <all>

H.R.9270

Government Operations and Politics

No Budget, No Fundraising Act This bill prohibits Members of Congress and national congressional campaign committees from soliciting federal campaign funds during a fiscal year until a balanced budget resolution is in effect and appropriations bills that are consistent with the budget resolutions are enacted.

To amend the Federal Election Campaign Act of 1971 to prohibit certain campaign fundraising with respect to Members of Congress, a national congressional campaign committee of a political party, or any affiliated committee of a national congressional campaign committee of a political party during a fiscal year until there is in effect a budget resolution providing for a balanced budget over a 10-year window and each of the regular appropriations bills for the fiscal year has been enacted into law, 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 ``No Budget, No Fundraising Act''. SEC. 2. PROHIBITING CERTAIN CAMPAIGN FUNDRAISING UNTIL BALANCED BUDGET RESOLUTION IS IN EFFECT AND APPROPRIATIONS BILL ARE ENACTED. (a) Prohibition.--Section 323 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125) is amended by adding at the end the following new subsection: ``(g) Prohibiting Certain Fundraising Until Balanced Budget Resolution Is in Effect and Appropriations Bills Are Enacted.-- ``(1) Prohibition.--During a fiscal year, a Member of Congress (including a Delegate or Resident Commissioner to the Congress), a national congressional campaign committee of a political party, or an affiliated committee of a national congressional campaign committee of a political party may not solicit funds in connection with an election for Federal office until each of the following applies: ``(A) There is in effect for such fiscal year a concurrent resolution on the budget under which, notwithstanding the exclusion of off-budget items, the excess of total budget authority (including all on- and off-budget authority and net interest costs) over total receipts declines gradually from the fiscal year and each of the 9 succeeding fiscal years such that the total receipts exceed total budget authority not later than the ninth succeeding fiscal year, and in no case later than the last day of fiscal year 2033 (as certified by the Director of the Congressional Budget Office). ``(B) Each of the regular appropriations bills for such fiscal year has been enacted into law. ``(C) Each of the regular appropriations bills for such fiscal year, as enacted, is consistent with the concurrent resolution on the budget for such fiscal year. ``(2) Regular appropriation bill defined.--In this subsection, the term `regular appropriation bill' means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2024 and each succeeding fiscal year. <all>

No Budget, No Fundraising Act

To amend the Federal Election Campaign Act of 1971 to prohibit certain campaign fundraising with respect to Members of Congress, a national congressional campaign committee of a political party, or any affiliated committee of a national congressional campaign committee of a political party during a fiscal year until there is in effect a budget resolution providing for a balanced budget over a 10-year window and each of the regular appropriations bills for the fiscal year has been enacted into law, and for other purposes.

No Budget, No Fundraising Act

Rep. Roy, Chip

R

TX

This bill prohibits Members of Congress and national congressional campaign committees from soliciting federal campaign funds during a fiscal year until a balanced budget resolution is in effect and appropriations bills that are consistent with the budget resolutions are enacted.

To amend the Federal Election Campaign Act of 1971 to prohibit certain campaign fundraising with respect to Members of Congress, a national congressional campaign committee of a political party, or any affiliated committee of a national congressional campaign committee of a political party during a fiscal year until there is in effect a budget resolution providing for a balanced budget over a 10-year window and each of the regular appropriations bills for the fiscal year has been enacted into law, 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 ``No Budget, No Fundraising Act''. SEC. 2. PROHIBITING CERTAIN CAMPAIGN FUNDRAISING UNTIL BALANCED BUDGET RESOLUTION IS IN EFFECT AND APPROPRIATIONS BILL ARE ENACTED. (a) Prohibition.--Section 323 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125) is amended by adding at the end the following new subsection: ``(g) Prohibiting Certain Fundraising Until Balanced Budget Resolution Is in Effect and Appropriations Bills Are Enacted.-- ``(1) Prohibition.--During a fiscal year, a Member of Congress (including a Delegate or Resident Commissioner to the Congress), a national congressional campaign committee of a political party, or an affiliated committee of a national congressional campaign committee of a political party may not solicit funds in connection with an election for Federal office until each of the following applies: ``(A) There is in effect for such fiscal year a concurrent resolution on the budget under which, notwithstanding the exclusion of off-budget items, the excess of total budget authority (including all on- and off-budget authority and net interest costs) over total receipts declines gradually from the fiscal year and each of the 9 succeeding fiscal years such that the total receipts exceed total budget authority not later than the ninth succeeding fiscal year, and in no case later than the last day of fiscal year 2033 (as certified by the Director of the Congressional Budget Office). ``(B) Each of the regular appropriations bills for such fiscal year has been enacted into law. ``(C) Each of the regular appropriations bills for such fiscal year, as enacted, is consistent with the concurrent resolution on the budget for such fiscal year. ``(2) Regular appropriation bill defined.--In this subsection, the term `regular appropriation bill' means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2024 and each succeeding fiscal year. <all>

To amend the Federal Election Campaign Act of 1971 to prohibit certain campaign fundraising with respect to Members of Congress, a national congressional campaign committee of a political party, or any affiliated committee of a national congressional campaign committee of a political party during a fiscal year until there is in effect a budget resolution providing for a balanced budget over a 10-year window and each of the regular appropriations bills for the fiscal year has been enacted into law, 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. SEC. 2. 30125) is amended by adding at the end the following new subsection: ``(g) Prohibiting Certain Fundraising Until Balanced Budget Resolution Is in Effect and Appropriations Bills Are Enacted.-- ``(1) Prohibition.--During a fiscal year, a Member of Congress (including a Delegate or Resident Commissioner to the Congress), a national congressional campaign committee of a political party, or an affiliated committee of a national congressional campaign committee of a political party may not solicit funds in connection with an election for Federal office until each of the following applies: ``(A) There is in effect for such fiscal year a concurrent resolution on the budget under which, notwithstanding the exclusion of off-budget items, the excess of total budget authority (including all on- and off-budget authority and net interest costs) over total receipts declines gradually from the fiscal year and each of the 9 succeeding fiscal years such that the total receipts exceed total budget authority not later than the ninth succeeding fiscal year, and in no case later than the last day of fiscal year 2033 (as certified by the Director of the Congressional Budget Office). ``(C) Each of the regular appropriations bills for such fiscal year, as enacted, is consistent with the concurrent resolution on the budget for such fiscal year. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2024 and each succeeding fiscal year.

To amend the Federal Election Campaign Act of 1971 to prohibit certain campaign fundraising with respect to Members of Congress, a national congressional campaign committee of a political party, or any affiliated committee of a national congressional campaign committee of a political party during a fiscal year until there is in effect a budget resolution providing for a balanced budget over a 10-year window and each of the regular appropriations bills for the fiscal year has been enacted into law, 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 ``No Budget, No Fundraising Act''. SEC. 2. PROHIBITING CERTAIN CAMPAIGN FUNDRAISING UNTIL BALANCED BUDGET RESOLUTION IS IN EFFECT AND APPROPRIATIONS BILL ARE ENACTED. (a) Prohibition.--Section 323 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125) is amended by adding at the end the following new subsection: ``(g) Prohibiting Certain Fundraising Until Balanced Budget Resolution Is in Effect and Appropriations Bills Are Enacted.-- ``(1) Prohibition.--During a fiscal year, a Member of Congress (including a Delegate or Resident Commissioner to the Congress), a national congressional campaign committee of a political party, or an affiliated committee of a national congressional campaign committee of a political party may not solicit funds in connection with an election for Federal office until each of the following applies: ``(A) There is in effect for such fiscal year a concurrent resolution on the budget under which, notwithstanding the exclusion of off-budget items, the excess of total budget authority (including all on- and off-budget authority and net interest costs) over total receipts declines gradually from the fiscal year and each of the 9 succeeding fiscal years such that the total receipts exceed total budget authority not later than the ninth succeeding fiscal year, and in no case later than the last day of fiscal year 2033 (as certified by the Director of the Congressional Budget Office). ``(B) Each of the regular appropriations bills for such fiscal year has been enacted into law. ``(C) Each of the regular appropriations bills for such fiscal year, as enacted, is consistent with the concurrent resolution on the budget for such fiscal year. ``(2) Regular appropriation bill defined.--In this subsection, the term `regular appropriation bill' means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2024 and each succeeding fiscal year. <all>

To amend the Federal Election Campaign Act of 1971 to prohibit certain campaign fundraising with respect to Members of Congress, a national congressional campaign committee of a political party, or any affiliated committee of a national congressional campaign committee of a political party during a fiscal year until there is in effect a budget resolution providing for a balanced budget over a 10-year window and each of the regular appropriations bills for the fiscal year has been enacted into law, 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 ``No Budget, No Fundraising Act''. SEC. 2. PROHIBITING CERTAIN CAMPAIGN FUNDRAISING UNTIL BALANCED BUDGET RESOLUTION IS IN EFFECT AND APPROPRIATIONS BILL ARE ENACTED. (a) Prohibition.--Section 323 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125) is amended by adding at the end the following new subsection: ``(g) Prohibiting Certain Fundraising Until Balanced Budget Resolution Is in Effect and Appropriations Bills Are Enacted.-- ``(1) Prohibition.--During a fiscal year, a Member of Congress (including a Delegate or Resident Commissioner to the Congress), a national congressional campaign committee of a political party, or an affiliated committee of a national congressional campaign committee of a political party may not solicit funds in connection with an election for Federal office until each of the following applies: ``(A) There is in effect for such fiscal year a concurrent resolution on the budget under which, notwithstanding the exclusion of off-budget items, the excess of total budget authority (including all on- and off-budget authority and net interest costs) over total receipts declines gradually from the fiscal year and each of the 9 succeeding fiscal years such that the total receipts exceed total budget authority not later than the ninth succeeding fiscal year, and in no case later than the last day of fiscal year 2033 (as certified by the Director of the Congressional Budget Office). ``(B) Each of the regular appropriations bills for such fiscal year has been enacted into law. ``(C) Each of the regular appropriations bills for such fiscal year, as enacted, is consistent with the concurrent resolution on the budget for such fiscal year. ``(2) Regular appropriation bill defined.--In this subsection, the term `regular appropriation bill' means any annual appropriation bill which, with respect to the Congress involved, is under the jurisdiction of a single subcommittee of the Committee on Appropriations of the House of Representatives (pursuant to the Rules of the House of Representatives for that Congress) and a single subcommittee of the Committee on Appropriations of the Senate (pursuant to the Standing Rules of the Senate).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2024 and each succeeding fiscal year. <all>

H.J.Res.71

Congress

This joint resolution proposes a constitutional amendment limiting Members of the House of Representatives to six terms and Senators to two terms. The term limits do not apply to any person serving a term as a Member of Congress on the date the amendment is ratified.

117th CONGRESS 2d Session H. J. RES. 71 Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 8, 2022 Mr. Cawthorn submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``Section 1. No person who has served six terms as a Representative shall be eligible for election to the House of Representatives. For purposes of this section, the election of a person to fill a vacancy in the House of Representatives shall be included as one term in determining the number of terms that such person has served as a Representative if the person fills the vacancy for more than one year. ``Section 2. No person who has served two terms as a Senator shall be eligible for election or appointment to the Senate. For purposes of this section, the election or appointment of a person to fill a vacancy in the Senate shall be included as one term in determining the number of terms that such person has served as a Senator if the person fills the vacancy for more than three years. ``Section 3. This article shall not apply to any person serving a term as a Member of Congress on the date of the ratification of this article.''. <all>

Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve.

Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve.

Official Titles - House of Representatives Official Title as Introduced Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve.

Rep. Cawthorn, Madison

R

NC

This joint resolution proposes a constitutional amendment limiting Members of the House of Representatives to six terms and Senators to two terms. The term limits do not apply to any person serving a term as a Member of Congress on the date the amendment is ratified.

117th CONGRESS 2d Session H. J. RES. 71 Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 8, 2022 Mr. Cawthorn submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``Section 1. No person who has served six terms as a Representative shall be eligible for election to the House of Representatives. For purposes of this section, the election of a person to fill a vacancy in the House of Representatives shall be included as one term in determining the number of terms that such person has served as a Representative if the person fills the vacancy for more than one year. ``Section 2. No person who has served two terms as a Senator shall be eligible for election or appointment to the Senate. For purposes of this section, the election or appointment of a person to fill a vacancy in the Senate shall be included as one term in determining the number of terms that such person has served as a Senator if the person fills the vacancy for more than three years. ``Section 3. This article shall not apply to any person serving a term as a Member of Congress on the date of the ratification of this article.''. <all>

117th CONGRESS 2d Session H. J. RES. 71 Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 8, 2022 Mr. Cawthorn submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``Section 1. No person who has served six terms as a Representative shall be eligible for election to the House of Representatives. For purposes of this section, the election of a person to fill a vacancy in the House of Representatives shall be included as one term in determining the number of terms that such person has served as a Representative if the person fills the vacancy for more than one year. ``Section 2. No person who has served two terms as a Senator shall be eligible for election or appointment to the Senate. For purposes of this section, the election or appointment of a person to fill a vacancy in the Senate shall be included as one term in determining the number of terms that such person has served as a Senator if the person fills the vacancy for more than three years. ``Section 3. This article shall not apply to any person serving a term as a Member of Congress on the date of the ratification of this article.''. <all>

117th CONGRESS 2d Session H. J. RES. 71 Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 8, 2022 Mr. Cawthorn submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``Section 1. No person who has served six terms as a Representative shall be eligible for election to the House of Representatives. For purposes of this section, the election of a person to fill a vacancy in the House of Representatives shall be included as one term in determining the number of terms that such person has served as a Representative if the person fills the vacancy for more than one year. ``Section 2. No person who has served two terms as a Senator shall be eligible for election or appointment to the Senate. For purposes of this section, the election or appointment of a person to fill a vacancy in the Senate shall be included as one term in determining the number of terms that such person has served as a Senator if the person fills the vacancy for more than three years. ``Section 3. This article shall not apply to any person serving a term as a Member of Congress on the date of the ratification of this article.''. <all>

117th CONGRESS 2d Session H. J. RES. 71 Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 8, 2022 Mr. Cawthorn submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to limit the number of terms that a Member of Congress may serve. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article-- ``Section 1. No person who has served six terms as a Representative shall be eligible for election to the House of Representatives. For purposes of this section, the election of a person to fill a vacancy in the House of Representatives shall be included as one term in determining the number of terms that such person has served as a Representative if the person fills the vacancy for more than one year. ``Section 2. No person who has served two terms as a Senator shall be eligible for election or appointment to the Senate. For purposes of this section, the election or appointment of a person to fill a vacancy in the Senate shall be included as one term in determining the number of terms that such person has served as a Senator if the person fills the vacancy for more than three years. ``Section 3. This article shall not apply to any person serving a term as a Member of Congress on the date of the ratification of this article.''. <all>

H.R.5738

Armed Forces and National Security

Lactation Spaces for Veteran Moms Act This bill requires the Department of Veterans Affairs to ensure that each of its medical centers contains a hygienic lactation space that is not a bathroom and meets other specifications (e.g., must be easy to locate).

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 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 ``Lactation Spaces for Veteran Moms Act''. SEC. 2. LACTATION SPACES IN MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. ``(b) No Unauthorized Entry.--Nothing in this section shall be construed to authorize an individual to enter a medical center of the Department or portion thereof that the individual is not otherwise authorized to enter. ``(c) Lactation Space Defined.--In this section, the term `lactation space' means a hygienic place, other than a bathroom, that-- ``(1) is shielded from view; ``(2) is free from intrusion; ``(3) is accessible to disabled individuals (including such individuals who use wheelchairs); ``(4) contains a chair and a working surface; ``(5) is easy to locate; ``(6) is clearly identified with signage; and ``(7) is available for use by women veterans and members of the public to express breast milk.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. (c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act. Passed the House of Representatives May 18, 2022. Attest: CHERYL L. JOHNSON, Clerk.

Lactation Spaces for Veteran Moms Act

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs.

Lactation Spaces for Veteran Moms Act Lactation Spaces for Veteran Moms Act

Rep. Luria, Elaine G.

D

VA

This bill requires the Department of Veterans Affairs to ensure that each of its medical centers contains a hygienic lactation space that is not a bathroom and meets other specifications (e.g., must be easy to locate).

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 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 ``Lactation Spaces for Veteran Moms Act''. SEC. 2. LACTATION SPACES IN MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. ``(b) No Unauthorized Entry.--Nothing in this section shall be construed to authorize an individual to enter a medical center of the Department or portion thereof that the individual is not otherwise authorized to enter. ``(c) Lactation Space Defined.--In this section, the term `lactation space' means a hygienic place, other than a bathroom, that-- ``(1) is shielded from view; ``(2) is free from intrusion; ``(3) is accessible to disabled individuals (including such individuals who use wheelchairs); ``(4) contains a chair and a working surface; ``(5) is easy to locate; ``(6) is clearly identified with signage; and ``(7) is available for use by women veterans and members of the public to express breast milk.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. (c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act. Passed the House of Representatives May 18, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 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 ``Lactation Spaces for Veteran Moms Act''. SEC. 2. LACTATION SPACES IN MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. ``(b) No Unauthorized Entry.--Nothing in this section shall be construed to authorize an individual to enter a medical center of the Department or portion thereof that the individual is not otherwise authorized to enter. ``(c) Lactation Space Defined.--In this section, the term `lactation space' means a hygienic place, other than a bathroom, that-- ``(1) is shielded from view; ``(2) is free from intrusion; ``(3) is accessible to disabled individuals (including such individuals who use wheelchairs); ``(4) contains a chair and a working surface; ``(5) is easy to locate; ``(6) is clearly identified with signage; and ``(7) is available for use by women veterans and members of the public to express breast milk.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. (c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act. Passed the House of Representatives May 18, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 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 ``Lactation Spaces for Veteran Moms Act''. SEC. 2. LACTATION SPACES IN MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. ``(b) No Unauthorized Entry.--Nothing in this section shall be construed to authorize an individual to enter a medical center of the Department or portion thereof that the individual is not otherwise authorized to enter. ``(c) Lactation Space Defined.--In this section, the term `lactation space' means a hygienic place, other than a bathroom, that-- ``(1) is shielded from view; ``(2) is free from intrusion; ``(3) is accessible to disabled individuals (including such individuals who use wheelchairs); ``(4) contains a chair and a working surface; ``(5) is easy to locate; ``(6) is clearly identified with signage; and ``(7) is available for use by women veterans and members of the public to express breast milk.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. (c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act. Passed the House of Representatives May 18, 2022. Attest: CHERYL L. JOHNSON, Clerk.

To amend title 38, United States Code, to require a lactation space in each medical center of the Department of Veterans Affairs. 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 ``Lactation Spaces for Veteran Moms Act''. SEC. 2. LACTATION SPACES IN MEDICAL CENTERS OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1720K. Lactation spaces in medical centers of the Department ``(a) Lactation Space Required.--The Secretary shall ensure that each medical center of the Department contains a lactation space. ``(b) No Unauthorized Entry.--Nothing in this section shall be construed to authorize an individual to enter a medical center of the Department or portion thereof that the individual is not otherwise authorized to enter. ``(c) Lactation Space Defined.--In this section, the term `lactation space' means a hygienic place, other than a bathroom, that-- ``(1) is shielded from view; ``(2) is free from intrusion; ``(3) is accessible to disabled individuals (including such individuals who use wheelchairs); ``(4) contains a chair and a working surface; ``(5) is easy to locate; ``(6) is clearly identified with signage; and ``(7) is available for use by women veterans and members of the public to express breast milk.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 1720J the following new item: ``1720K. Lactation spaces in medical centers of the Department.''. (c) Effective Date.--The Secretary of Veterans Affairs shall carry out section 1720K of title 38, United States Code, as added by this section, not later than two years after the date of the enactment of this Act. Passed the House of Representatives May 18, 2022. Attest: CHERYL L. JOHNSON, Clerk.

H.R.8691

Civil Rights and Liberties, Minority Issues

Reverend James Lawson, Jr. Congressional Gold Medal Act This bill provides for the award of a Congressional Gold Medal to Reverend James Morris Lawson Jr. in recognition of his contributions to the advancement of civil rights through nonviolent methods in the United States.

To award a Congressional Gold Medal to Reverend James Morris Lawson, Jr., in recognition of his contributions to the United States through the promotion of nonviolence during the Civil Rights movement and beyond. 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 ``Reverend James Lawson, Jr., Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Reverend James Morris Lawson, Jr. (``Rev. Lawson''), was born in Uniontown, Pennsylvania, on September 22, 1928, to Reverend James Morris Lawson, Sr., and Philane May Cover. (2) Rev. Lawson received his local preacher's license in 1947, the same year he graduated from high school. (3) While attending Baldwin-Wallace College, Rev. Lawson joined the Fellowship of Reconciliation, the oldest pacifist organization in the United States and an advocate of nonviolent resistance to racism, as well as the Congress of Racial Equality, where he was exposed to the nonviolent teachings of world-renowned civil rights and spiritual leader Mohandas K. Gandhi (``Gandhi''). (4) From 1953 to 1956, Rev. Lawson served as a Methodist missionary at Hislop College in Nagpur, India, where he continued his studies of satyagraha, Gandhi's philosophy of nonviolent resistance, and met with associates and fellow students of Gandhi. (5) Rev. Lawson was instrumental in bringing the message of Gandhi to the United States. (6) Rev. Lawson viewed segregation in the United States as ``much like the `untouchables' of India'' and was inspired by the view of Gandhi that it could be through African Americans that ``the unadulterated message of nonviolence will be delivered to the world''. (7) In 1956, Rev. Lawson enrolled in the Oberlin School of Theology in Ohio, where he first met Rev. Dr. Martin Luther King, Jr. (``Dr. King''), who urged Rev. Lawson to move to the South to spread his teachings on nonviolence, saying ``Don't wait! Come now! You're badly needed. We don't have anyone like you!''. (8) In 1957, Rev. Lawson answered the call of Dr. King, moving to Nashville, Tennessee, and enrolling at Vanderbilt Divinity School as the second African-American student in its history. (9) Rev. Lawson opened a Fellowship of Reconciliation field office, became the southern secretary for the organization, and held seminars to train volunteers in Gandhian tactics of nonviolent direct action. (10) Rev. Lawson was an advisor for the Little Rock Nine, teaching the students, in the living room of Arkansas NAACP Chair Daisy Bates, how to resist their opponents using the ``superior weapons'' offered by nonviolence. (11) Rev. Lawson led the Nashville sit-in campaign of 1960 that successfully challenged ``Jim Crow'' and trained a new generation of civil rights activists. (12) In 1960, the Southern Christian Leadership Conference, led by Ella Baker, organized the Student Nonviolent Coordinating Committee, with Rev. Lawson writing the statement of purpose for the organization and delivering the keynote speech at the organization's founding meeting in April of that year. (13) Rev. Lawson, and the activists he trained, organized many famous campaigns, including the Freedom Rides, Freedom Schools, 1963 March on Washington, Mississippi Freedom Summer, Mississippi Freedom Democratic Party, 1963 Birmingham Children's Crusade, 1965 Selma Voting Rights Movement, and 1966 Chicago Open Housing Movement. (14) In 1968, Rev. Lawson chaired the strike committee for the Memphis Sanitation Workers, a campaign that advanced the slogan ``I Am A Man'' and was the first successful effort to organize African-American municipal workers in the South. (15) Dr. King lauded Rev. Lawson as the ``leading theorist and strategist of nonviolence in the world'' and civil rights leader Diane Nash stated that Rev. Lawson's ``impact was fundamental and tremendous. I think that he, more than anyone else really, is why the civil rights movement was nonviolent''. (16) In 1974, Rev. Lawson became pastor of Holman United Methodist Church in Los Angeles, where he continued his nonviolent advocacy for racial equality and social justice, including through Clergy and Laity United for Economic Justice, the Southern Christian Leadership Conference, the American Civil Liberties Union, Interfaith Communities United for Peace and Justice, the National Committee for Worker Justice, and many others. (17) Rev. Lawson received dozens of awards, honorary degrees, and lectureships, including the National Civil Rights Museum Freedom Award, Vanderbilt University's Walter R. Murray Distinguished Alumnus Award, Harvard University's Henry Luce Lectureship, and recognition for his leadership and lifetime achievements from the Congressional Black Caucus Foundation and the American Civil Liberties Union. (18) Rev. Lawson has played an invaluable role in the progress of the United States due to his tireless work to create what Dr. King called a ``beloved community'' where people treat each other with respect and dignity and end all forms of violence in favor of a politics of love. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Reverend James Morris Lawson, Jr., in recognition of his contributions to the United States. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. The design shall bear an image of, and inscription of the name of, the Reverend James Morris Lawson, Jr. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. <all>

Reverend James Lawson, Jr., Congressional Gold Medal Act

To award a Congressional Gold Medal to Reverend James Morris Lawson, Jr., in recognition of his contributions to the United States through the promotion of nonviolence during the Civil Rights movement and beyond.

Reverend James Lawson, Jr., Congressional Gold Medal Act

Rep. Khanna, Ro

D

CA

This bill provides for the award of a Congressional Gold Medal to Reverend James Morris Lawson Jr. in recognition of his contributions to the advancement of civil rights through nonviolent methods in the United States.

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 ``Reverend James Lawson, Jr., Congressional Gold Medal Act''. FINDINGS. Lawson''), was born in Uniontown, Pennsylvania, on September 22, 1928, to Reverend James Morris Lawson, Sr., and Philane May Cover. (2) Rev. Lawson served as a Methodist missionary at Hislop College in Nagpur, India, where he continued his studies of satyagraha, Gandhi's philosophy of nonviolent resistance, and met with associates and fellow students of Gandhi. Lawson was instrumental in bringing the message of Gandhi to the United States. (7) In 1956, Rev. Dr. Martin Luther King, Jr. (``Dr. King''), who urged Rev. Lawson to move to the South to spread his teachings on nonviolence, saying ``Don't wait! Come now! You're badly needed. We don't have anyone like you!''. Lawson led the Nashville sit-in campaign of 1960 that successfully challenged ``Jim Crow'' and trained a new generation of civil rights activists. Lawson writing the statement of purpose for the organization and delivering the keynote speech at the organization's founding meeting in April of that year. Lawson, and the activists he trained, organized many famous campaigns, including the Freedom Rides, Freedom Schools, 1963 March on Washington, Mississippi Freedom Summer, Mississippi Freedom Democratic Party, 1963 Birmingham Children's Crusade, 1965 Selma Voting Rights Movement, and 1966 Chicago Open Housing Movement. Lawson as the ``leading theorist and strategist of nonviolence in the world'' and civil rights leader Diane Nash stated that Rev. I think that he, more than anyone else really, is why the civil rights movement was nonviolent''. Lawson became pastor of Holman United Methodist Church in Los Angeles, where he continued his nonviolent advocacy for racial equality and social justice, including through Clergy and Laity United for Economic Justice, the Southern Christian Leadership Conference, the American Civil Liberties Union, Interfaith Communities United for Peace and Justice, the National Committee for Worker Justice, and many others. Lawson received dozens of awards, honorary degrees, and lectureships, including the National Civil Rights Museum Freedom Award, Vanderbilt University's Walter R. Murray Distinguished Alumnus Award, Harvard University's Henry Luce Lectureship, and recognition for his leadership and lifetime achievements from the Congressional Black Caucus Foundation and the American Civil Liberties Union. 3. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. DUPLICATE MEDALS. 5. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

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 ``Reverend James Lawson, Jr., Congressional Gold Medal Act''. (2) Rev. Lawson served as a Methodist missionary at Hislop College in Nagpur, India, where he continued his studies of satyagraha, Gandhi's philosophy of nonviolent resistance, and met with associates and fellow students of Gandhi. Lawson was instrumental in bringing the message of Gandhi to the United States. Dr. Martin Luther King, Jr. (``Dr. King''), who urged Rev. Lawson to move to the South to spread his teachings on nonviolence, saying ``Don't wait! Lawson writing the statement of purpose for the organization and delivering the keynote speech at the organization's founding meeting in April of that year. Lawson, and the activists he trained, organized many famous campaigns, including the Freedom Rides, Freedom Schools, 1963 March on Washington, Mississippi Freedom Summer, Mississippi Freedom Democratic Party, 1963 Birmingham Children's Crusade, 1965 Selma Voting Rights Movement, and 1966 Chicago Open Housing Movement. I think that he, more than anyone else really, is why the civil rights movement was nonviolent''. Lawson became pastor of Holman United Methodist Church in Los Angeles, where he continued his nonviolent advocacy for racial equality and social justice, including through Clergy and Laity United for Economic Justice, the Southern Christian Leadership Conference, the American Civil Liberties Union, Interfaith Communities United for Peace and Justice, the National Committee for Worker Justice, and many others. Lawson received dozens of awards, honorary degrees, and lectureships, including the National Civil Rights Museum Freedom Award, Vanderbilt University's Walter R. Murray Distinguished Alumnus Award, Harvard University's Henry Luce Lectureship, and recognition for his leadership and lifetime achievements from the Congressional Black Caucus Foundation and the American Civil Liberties Union. 3. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. DUPLICATE MEDALS. 5. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.

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 ``Reverend James Lawson, Jr., Congressional Gold Medal Act''. FINDINGS. Lawson''), was born in Uniontown, Pennsylvania, on September 22, 1928, to Reverend James Morris Lawson, Sr., and Philane May Cover. (2) Rev. Lawson received his local preacher's license in 1947, the same year he graduated from high school. (3) While attending Baldwin-Wallace College, Rev. Lawson served as a Methodist missionary at Hislop College in Nagpur, India, where he continued his studies of satyagraha, Gandhi's philosophy of nonviolent resistance, and met with associates and fellow students of Gandhi. Lawson was instrumental in bringing the message of Gandhi to the United States. (7) In 1956, Rev. Dr. Martin Luther King, Jr. (``Dr. King''), who urged Rev. Lawson to move to the South to spread his teachings on nonviolence, saying ``Don't wait! Come now! You're badly needed. We don't have anyone like you!''. (8) In 1957, Rev. (9) Rev. Lawson opened a Fellowship of Reconciliation field office, became the southern secretary for the organization, and held seminars to train volunteers in Gandhian tactics of nonviolent direct action. (10) Rev. Lawson was an advisor for the Little Rock Nine, teaching the students, in the living room of Arkansas NAACP Chair Daisy Bates, how to resist their opponents using the ``superior weapons'' offered by nonviolence. (11) Rev. Lawson led the Nashville sit-in campaign of 1960 that successfully challenged ``Jim Crow'' and trained a new generation of civil rights activists. Lawson writing the statement of purpose for the organization and delivering the keynote speech at the organization's founding meeting in April of that year. (13) Rev. Lawson, and the activists he trained, organized many famous campaigns, including the Freedom Rides, Freedom Schools, 1963 March on Washington, Mississippi Freedom Summer, Mississippi Freedom Democratic Party, 1963 Birmingham Children's Crusade, 1965 Selma Voting Rights Movement, and 1966 Chicago Open Housing Movement. (14) In 1968, Rev. Lawson chaired the strike committee for the Memphis Sanitation Workers, a campaign that advanced the slogan ``I Am A Man'' and was the first successful effort to organize African-American municipal workers in the South. Lawson as the ``leading theorist and strategist of nonviolence in the world'' and civil rights leader Diane Nash stated that Rev. Lawson's ``impact was fundamental and tremendous. I think that he, more than anyone else really, is why the civil rights movement was nonviolent''. (16) In 1974, Rev. Lawson became pastor of Holman United Methodist Church in Los Angeles, where he continued his nonviolent advocacy for racial equality and social justice, including through Clergy and Laity United for Economic Justice, the Southern Christian Leadership Conference, the American Civil Liberties Union, Interfaith Communities United for Peace and Justice, the National Committee for Worker Justice, and many others. Lawson received dozens of awards, honorary degrees, and lectureships, including the National Civil Rights Museum Freedom Award, Vanderbilt University's Walter R. Murray Distinguished Alumnus Award, Harvard University's Henry Luce Lectureship, and recognition for his leadership and lifetime achievements from the Congressional Black Caucus Foundation and the American Civil Liberties Union. Lawson has played an invaluable role in the progress of the United States due to his tireless work to create what Dr. King called a ``beloved community'' where people treat each other with respect and dignity and end all forms of violence in favor of a politics of love. 3. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act.

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 ``Reverend James Lawson, Jr., Congressional Gold Medal Act''. FINDINGS. Lawson''), was born in Uniontown, Pennsylvania, on September 22, 1928, to Reverend James Morris Lawson, Sr., and Philane May Cover. (2) Rev. Lawson received his local preacher's license in 1947, the same year he graduated from high school. (3) While attending Baldwin-Wallace College, Rev. Lawson joined the Fellowship of Reconciliation, the oldest pacifist organization in the United States and an advocate of nonviolent resistance to racism, as well as the Congress of Racial Equality, where he was exposed to the nonviolent teachings of world-renowned civil rights and spiritual leader Mohandas K. Gandhi (``Gandhi''). (4) From 1953 to 1956, Rev. Lawson served as a Methodist missionary at Hislop College in Nagpur, India, where he continued his studies of satyagraha, Gandhi's philosophy of nonviolent resistance, and met with associates and fellow students of Gandhi. Lawson was instrumental in bringing the message of Gandhi to the United States. Lawson viewed segregation in the United States as ``much like the `untouchables' of India'' and was inspired by the view of Gandhi that it could be through African Americans that ``the unadulterated message of nonviolence will be delivered to the world''. (7) In 1956, Rev. Lawson enrolled in the Oberlin School of Theology in Ohio, where he first met Rev. Dr. Martin Luther King, Jr. (``Dr. King''), who urged Rev. Lawson to move to the South to spread his teachings on nonviolence, saying ``Don't wait! Come now! You're badly needed. We don't have anyone like you!''. (8) In 1957, Rev. Lawson answered the call of Dr. King, moving to Nashville, Tennessee, and enrolling at Vanderbilt Divinity School as the second African-American student in its history. (9) Rev. Lawson opened a Fellowship of Reconciliation field office, became the southern secretary for the organization, and held seminars to train volunteers in Gandhian tactics of nonviolent direct action. (10) Rev. Lawson was an advisor for the Little Rock Nine, teaching the students, in the living room of Arkansas NAACP Chair Daisy Bates, how to resist their opponents using the ``superior weapons'' offered by nonviolence. (11) Rev. Lawson led the Nashville sit-in campaign of 1960 that successfully challenged ``Jim Crow'' and trained a new generation of civil rights activists. (12) In 1960, the Southern Christian Leadership Conference, led by Ella Baker, organized the Student Nonviolent Coordinating Committee, with Rev. Lawson writing the statement of purpose for the organization and delivering the keynote speech at the organization's founding meeting in April of that year. (13) Rev. Lawson, and the activists he trained, organized many famous campaigns, including the Freedom Rides, Freedom Schools, 1963 March on Washington, Mississippi Freedom Summer, Mississippi Freedom Democratic Party, 1963 Birmingham Children's Crusade, 1965 Selma Voting Rights Movement, and 1966 Chicago Open Housing Movement. (14) In 1968, Rev. Lawson chaired the strike committee for the Memphis Sanitation Workers, a campaign that advanced the slogan ``I Am A Man'' and was the first successful effort to organize African-American municipal workers in the South. (15) Dr. King lauded Rev. Lawson as the ``leading theorist and strategist of nonviolence in the world'' and civil rights leader Diane Nash stated that Rev. Lawson's ``impact was fundamental and tremendous. I think that he, more than anyone else really, is why the civil rights movement was nonviolent''. (16) In 1974, Rev. Lawson became pastor of Holman United Methodist Church in Los Angeles, where he continued his nonviolent advocacy for racial equality and social justice, including through Clergy and Laity United for Economic Justice, the Southern Christian Leadership Conference, the American Civil Liberties Union, Interfaith Communities United for Peace and Justice, the National Committee for Worker Justice, and many others. (17) Rev. Lawson received dozens of awards, honorary degrees, and lectureships, including the National Civil Rights Museum Freedom Award, Vanderbilt University's Walter R. Murray Distinguished Alumnus Award, Harvard University's Henry Luce Lectureship, and recognition for his leadership and lifetime achievements from the Congressional Black Caucus Foundation and the American Civil Liberties Union. (18) Rev. Lawson has played an invaluable role in the progress of the United States due to his tireless work to create what Dr. King called a ``beloved community'' where people treat each other with respect and dignity and end all forms of violence in favor of a politics of love. 3. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to Reverend James Morris Lawson, Jr., in recognition of his contributions to the United States. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. The design shall bear an image of, and inscription of the name of, the Reverend James Morris Lawson, Jr. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. 5. STATUS OF MEDALS. (b) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act.

H.R.7227

Armed Forces and National Security

Information on Federal Resources for Military Servicemembers Act or the INFORMS Act This bill requires the Department of Veterans Affairs (VA) to create fact sheets for veterans and survivors of deceased veterans to compare VA benefits and compensation, certain monthly insurance benefits under the Social Security Act, and supplemental security income for the aged, blind, and disabled under the Social Security Act. The fact sheets must be updated at least annually. The VA must provide copies of such fact sheets whenever (1) an individual makes an initial claim for a benefit or compensation or a claim to increase a benefit or compensation; or (2) the VA notifies the individual it has denied a claim for, or decreased the amount of, a benefit or compensation.

To direct the Secretary of Veterans Affairs to create fact sheets, for veterans and for survivors of veterans, that compare benefits and compensation, to such individuals under laws administered by the Secretary, to monthly insurance benefits under title II of the Social Security Act, and to supplemental security income under title XVI of the Social Security Act. 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 ``Information on Federal Resources for Military Servicemembers Act'' or the ``INFORMS Act''. SEC. 2. FACT SHEETS REGARDING VA AND SOCIAL SECURITY BENEFITS AND COMPENSATION. (a) Establishment.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, after consultation with the Commissioner of the Social Security Administration and stakeholders (including veterans service organizations), shall create fact sheets, one for veterans and one for survivors of deceased veterans, that compares, for such individuals-- (1) benefits and compensation (including a pension) under laws administered by the Secretary; (2) monthly insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (3) supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (b) Elements.--A fact sheet created under subsection (a) shall include, with respect to such benefits and compensation, monthly insurance benefits, and supplemental security income, the following: (1) Differences in eligibility requirements. (2) Filing requirements. (3) How to apply. (4) Sources of additional information or assistance in applications. (c) Provision.--Not later than three months after creating a fact sheet under subsection (a), the Secretary shall provide a copy thereof to an individual whenever the Secretary-- (1) receives from such individual-- (A) an initial claim for a benefit or compensation; or (B) a claim for an increase to a benefit or compensation; or (2) notifies such individual that the Secretary has denied a claim for, or decreased the amount of, a benefit or compensation. (d) Annual Updates.--The Secretary shall update a fact sheet created under subsection (a), to reflect amendments to laws described in such subsection, not less than once annually. <all>

INFORMS Act

To direct the Secretary of Veterans Affairs to create fact sheets, for veterans and for survivors of veterans, that compare benefits and compensation, to such individuals under laws administered by the Secretary, to monthly insurance benefits under title II of the Social Security Act, and to supplemental security income under title XVI of the Social Security Act.

INFORMS Act Information on Federal Resources for Military Servicemembers Act

Rep. Takano, Mark

D

CA

This bill requires the Department of Veterans Affairs (VA) to create fact sheets for veterans and survivors of deceased veterans to compare VA benefits and compensation, certain monthly insurance benefits under the Social Security Act, and supplemental security income for the aged, blind, and disabled under the Social Security Act. The fact sheets must be updated at least annually. The VA must provide copies of such fact sheets whenever (1) an individual makes an initial claim for a benefit or compensation or a claim to increase a benefit or compensation; or (2) the VA notifies the individual it has denied a claim for, or decreased the amount of, a benefit or compensation.

To direct the Secretary of Veterans Affairs to create fact sheets, for veterans and for survivors of veterans, that compare benefits and compensation, to such individuals under laws administered by the Secretary, to monthly insurance benefits under title II of the Social Security Act, and to supplemental security income under title XVI of the Social Security Act. 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 ``Information on Federal Resources for Military Servicemembers Act'' or the ``INFORMS Act''. SEC. 2. FACT SHEETS REGARDING VA AND SOCIAL SECURITY BENEFITS AND COMPENSATION. (a) Establishment.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, after consultation with the Commissioner of the Social Security Administration and stakeholders (including veterans service organizations), shall create fact sheets, one for veterans and one for survivors of deceased veterans, that compares, for such individuals-- (1) benefits and compensation (including a pension) under laws administered by the Secretary; (2) monthly insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (3) supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (b) Elements.--A fact sheet created under subsection (a) shall include, with respect to such benefits and compensation, monthly insurance benefits, and supplemental security income, the following: (1) Differences in eligibility requirements. (2) Filing requirements. (3) How to apply. (4) Sources of additional information or assistance in applications. (c) Provision.--Not later than three months after creating a fact sheet under subsection (a), the Secretary shall provide a copy thereof to an individual whenever the Secretary-- (1) receives from such individual-- (A) an initial claim for a benefit or compensation; or (B) a claim for an increase to a benefit or compensation; or (2) notifies such individual that the Secretary has denied a claim for, or decreased the amount of, a benefit or compensation. (d) Annual Updates.--The Secretary shall update a fact sheet created under subsection (a), to reflect amendments to laws described in such subsection, not less than once annually. <all>

To direct the Secretary of Veterans Affairs to create fact sheets, for veterans and for survivors of veterans, that compare benefits and compensation, to such individuals under laws administered by the Secretary, to monthly insurance benefits under title II of the Social Security Act, and to supplemental security income under title XVI of the Social Security Act. 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 ``Information on Federal Resources for Military Servicemembers Act'' or the ``INFORMS Act''. SEC. 2. FACT SHEETS REGARDING VA AND SOCIAL SECURITY BENEFITS AND COMPENSATION. (a) Establishment.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, after consultation with the Commissioner of the Social Security Administration and stakeholders (including veterans service organizations), shall create fact sheets, one for veterans and one for survivors of deceased veterans, that compares, for such individuals-- (1) benefits and compensation (including a pension) under laws administered by the Secretary; (2) monthly insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (3) supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (b) Elements.--A fact sheet created under subsection (a) shall include, with respect to such benefits and compensation, monthly insurance benefits, and supplemental security income, the following: (1) Differences in eligibility requirements. (2) Filing requirements. (3) How to apply. (4) Sources of additional information or assistance in applications. (c) Provision.--Not later than three months after creating a fact sheet under subsection (a), the Secretary shall provide a copy thereof to an individual whenever the Secretary-- (1) receives from such individual-- (A) an initial claim for a benefit or compensation; or (B) a claim for an increase to a benefit or compensation; or (2) notifies such individual that the Secretary has denied a claim for, or decreased the amount of, a benefit or compensation. (d) Annual Updates.--The Secretary shall update a fact sheet created under subsection (a), to reflect amendments to laws described in such subsection, not less than once annually. <all>

To direct the Secretary of Veterans Affairs to create fact sheets, for veterans and for survivors of veterans, that compare benefits and compensation, to such individuals under laws administered by the Secretary, to monthly insurance benefits under title II of the Social Security Act, and to supplemental security income under title XVI of the Social Security Act. 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 ``Information on Federal Resources for Military Servicemembers Act'' or the ``INFORMS Act''. SEC. 2. FACT SHEETS REGARDING VA AND SOCIAL SECURITY BENEFITS AND COMPENSATION. (a) Establishment.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, after consultation with the Commissioner of the Social Security Administration and stakeholders (including veterans service organizations), shall create fact sheets, one for veterans and one for survivors of deceased veterans, that compares, for such individuals-- (1) benefits and compensation (including a pension) under laws administered by the Secretary; (2) monthly insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (3) supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (b) Elements.--A fact sheet created under subsection (a) shall include, with respect to such benefits and compensation, monthly insurance benefits, and supplemental security income, the following: (1) Differences in eligibility requirements. (2) Filing requirements. (3) How to apply. (4) Sources of additional information or assistance in applications. (c) Provision.--Not later than three months after creating a fact sheet under subsection (a), the Secretary shall provide a copy thereof to an individual whenever the Secretary-- (1) receives from such individual-- (A) an initial claim for a benefit or compensation; or (B) a claim for an increase to a benefit or compensation; or (2) notifies such individual that the Secretary has denied a claim for, or decreased the amount of, a benefit or compensation. (d) Annual Updates.--The Secretary shall update a fact sheet created under subsection (a), to reflect amendments to laws described in such subsection, not less than once annually. <all>

To direct the Secretary of Veterans Affairs to create fact sheets, for veterans and for survivors of veterans, that compare benefits and compensation, to such individuals under laws administered by the Secretary, to monthly insurance benefits under title II of the Social Security Act, and to supplemental security income under title XVI of the Social Security Act. 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 ``Information on Federal Resources for Military Servicemembers Act'' or the ``INFORMS Act''. SEC. 2. FACT SHEETS REGARDING VA AND SOCIAL SECURITY BENEFITS AND COMPENSATION. (a) Establishment.--Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, after consultation with the Commissioner of the Social Security Administration and stakeholders (including veterans service organizations), shall create fact sheets, one for veterans and one for survivors of deceased veterans, that compares, for such individuals-- (1) benefits and compensation (including a pension) under laws administered by the Secretary; (2) monthly insurance benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.); and (3) supplemental security income under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (b) Elements.--A fact sheet created under subsection (a) shall include, with respect to such benefits and compensation, monthly insurance benefits, and supplemental security income, the following: (1) Differences in eligibility requirements. (2) Filing requirements. (3) How to apply. (4) Sources of additional information or assistance in applications. (c) Provision.--Not later than three months after creating a fact sheet under subsection (a), the Secretary shall provide a copy thereof to an individual whenever the Secretary-- (1) receives from such individual-- (A) an initial claim for a benefit or compensation; or (B) a claim for an increase to a benefit or compensation; or (2) notifies such individual that the Secretary has denied a claim for, or decreased the amount of, a benefit or compensation. (d) Annual Updates.--The Secretary shall update a fact sheet created under subsection (a), to reflect amendments to laws described in such subsection, not less than once annually. <all>

H.R.3449

Taxation

Hiring Incentive to Return Employment Act of 2021 or the HIRE Act of 2021 This bill increases the rate of the work opportunity tax credit from 40% to 50% of wages paid to members of the targeted groups eligible for such credit over a two-year period. It also increases to $10,000 the amount of wages taken into account for purposes of the credit.

To amend the Internal Revenue Code of 1986 to make certain adjustments to the work opportunity credit to modernize the credit and make it more effective as a hiring incentive, 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 ``Hiring Incentive to Return Employment Act of 2021'' or the ``HIRE Act of 2021''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT DURING COVID-19 RECOVERY PERIOD. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Adjustment to Credit During COVID-19 Recovery Period.--In the case of individuals hired after the date of the enactment of this subsection in a taxable year beginning before the date that is 2 years after such date-- ``(1) Increased amount of credit.--Subsection (a) shall be applied by substituting `50 percent' for `40 percent'. ``(2) Availability of credit in second year of employment.-- ``(A) In general.--Subsection (a) shall be applied by inserting `or qualified second-year wages' after `wages'. ``(B) Qualified second-year wages.--For the purposes of this paragraph, the term `qualified second- year wages' means qualified wages which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to the recipient determined under subsection (b)(2). ``(3) Increase in limitation on wages taken into account.-- Subsection (b)(3) shall be applied by substituting `$10,000' for `$6,000'. ``(4) Eligibility of rehires.-- ``(A) In general.--Subsection (i)(2) shall not apply. ``(B) Regulations.--The Secretary shall issue such regulations as the Secretary determines appropriate to ensure a reasonable application of subparagraph (A), including prohibiting attempts to claim the benefit of this section through the termination and rehiring of an employee.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of enactment of this Act. <all>

HIRE Act of 2021

To amend the Internal Revenue Code of 1986 to make certain adjustments to the work opportunity credit to modernize the credit and make it more effective as a hiring incentive, and for other purposes.

HIRE Act of 2021 Hiring Incentive to Return Employment Act of 2021

Rep. Suozzi, Thomas R.

D

NY

This bill increases the rate of the work opportunity tax credit from 40% to 50% of wages paid to members of the targeted groups eligible for such credit over a two-year period. It also increases to $10,000 the amount of wages taken into account for purposes of the credit.

To amend the Internal Revenue Code of 1986 to make certain adjustments to the work opportunity credit to modernize the credit and make it more effective as a hiring incentive, 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 ``Hiring Incentive to Return Employment Act of 2021'' or the ``HIRE Act of 2021''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT DURING COVID-19 RECOVERY PERIOD. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Adjustment to Credit During COVID-19 Recovery Period.--In the case of individuals hired after the date of the enactment of this subsection in a taxable year beginning before the date that is 2 years after such date-- ``(1) Increased amount of credit.--Subsection (a) shall be applied by substituting `50 percent' for `40 percent'. ``(2) Availability of credit in second year of employment.-- ``(A) In general.--Subsection (a) shall be applied by inserting `or qualified second-year wages' after `wages'. ``(B) Qualified second-year wages.--For the purposes of this paragraph, the term `qualified second- year wages' means qualified wages which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to the recipient determined under subsection (b)(2). ``(3) Increase in limitation on wages taken into account.-- Subsection (b)(3) shall be applied by substituting `$10,000' for `$6,000'. ``(4) Eligibility of rehires.-- ``(A) In general.--Subsection (i)(2) shall not apply. ``(B) Regulations.--The Secretary shall issue such regulations as the Secretary determines appropriate to ensure a reasonable application of subparagraph (A), including prohibiting attempts to claim the benefit of this section through the termination and rehiring of an employee.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to make certain adjustments to the work opportunity credit to modernize the credit and make it more effective as a hiring incentive, 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 ``Hiring Incentive to Return Employment Act of 2021'' or the ``HIRE Act of 2021''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT DURING COVID-19 RECOVERY PERIOD. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Adjustment to Credit During COVID-19 Recovery Period.--In the case of individuals hired after the date of the enactment of this subsection in a taxable year beginning before the date that is 2 years after such date-- ``(1) Increased amount of credit.--Subsection (a) shall be applied by substituting `50 percent' for `40 percent'. ``(2) Availability of credit in second year of employment.-- ``(A) In general.--Subsection (a) shall be applied by inserting `or qualified second-year wages' after `wages'. ``(B) Qualified second-year wages.--For the purposes of this paragraph, the term `qualified second- year wages' means qualified wages which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to the recipient determined under subsection (b)(2). ``(3) Increase in limitation on wages taken into account.-- Subsection (b)(3) shall be applied by substituting `$10,000' for `$6,000'. ``(4) Eligibility of rehires.-- ``(A) In general.--Subsection (i)(2) shall not apply. ``(B) Regulations.--The Secretary shall issue such regulations as the Secretary determines appropriate to ensure a reasonable application of subparagraph (A), including prohibiting attempts to claim the benefit of this section through the termination and rehiring of an employee.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to make certain adjustments to the work opportunity credit to modernize the credit and make it more effective as a hiring incentive, 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 ``Hiring Incentive to Return Employment Act of 2021'' or the ``HIRE Act of 2021''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT DURING COVID-19 RECOVERY PERIOD. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Adjustment to Credit During COVID-19 Recovery Period.--In the case of individuals hired after the date of the enactment of this subsection in a taxable year beginning before the date that is 2 years after such date-- ``(1) Increased amount of credit.--Subsection (a) shall be applied by substituting `50 percent' for `40 percent'. ``(2) Availability of credit in second year of employment.-- ``(A) In general.--Subsection (a) shall be applied by inserting `or qualified second-year wages' after `wages'. ``(B) Qualified second-year wages.--For the purposes of this paragraph, the term `qualified second- year wages' means qualified wages which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to the recipient determined under subsection (b)(2). ``(3) Increase in limitation on wages taken into account.-- Subsection (b)(3) shall be applied by substituting `$10,000' for `$6,000'. ``(4) Eligibility of rehires.-- ``(A) In general.--Subsection (i)(2) shall not apply. ``(B) Regulations.--The Secretary shall issue such regulations as the Secretary determines appropriate to ensure a reasonable application of subparagraph (A), including prohibiting attempts to claim the benefit of this section through the termination and rehiring of an employee.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to make certain adjustments to the work opportunity credit to modernize the credit and make it more effective as a hiring incentive, 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 ``Hiring Incentive to Return Employment Act of 2021'' or the ``HIRE Act of 2021''. SEC. 2. EXTENSION OF WORK OPPORTUNITY CREDIT DURING COVID-19 RECOVERY PERIOD. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(l) Adjustment to Credit During COVID-19 Recovery Period.--In the case of individuals hired after the date of the enactment of this subsection in a taxable year beginning before the date that is 2 years after such date-- ``(1) Increased amount of credit.--Subsection (a) shall be applied by substituting `50 percent' for `40 percent'. ``(2) Availability of credit in second year of employment.-- ``(A) In general.--Subsection (a) shall be applied by inserting `or qualified second-year wages' after `wages'. ``(B) Qualified second-year wages.--For the purposes of this paragraph, the term `qualified second- year wages' means qualified wages which are attributable to service rendered during the 1-year period beginning on the day after the last day of the 1-year period with respect to the recipient determined under subsection (b)(2). ``(3) Increase in limitation on wages taken into account.-- Subsection (b)(3) shall be applied by substituting `$10,000' for `$6,000'. ``(4) Eligibility of rehires.-- ``(A) In general.--Subsection (i)(2) shall not apply. ``(B) Regulations.--The Secretary shall issue such regulations as the Secretary determines appropriate to ensure a reasonable application of subparagraph (A), including prohibiting attempts to claim the benefit of this section through the termination and rehiring of an employee.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of enactment of this Act. <all>

H.R.4417

Health

Capping Drug Costs for Seniors Act of 2021 This bill caps annual out-of-pocket spending under the Medicare prescription drug benefit.

To amend title XVIII of the Social Security Act to provide for a cap on beneficiary liability under part D of the Medicare program, 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 ``Capping Drug Costs for Seniors Act of 2021''. SEC. 2. MEDICARE PART D BENEFIT REDESIGN. (a) Benefit Structure Redesign.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``for a year preceding 2022 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold specified in paragraph (4)(B) for 2022 and each subsequent year'' after ``paragraph (3)''; (B) in subparagraph (C)-- (i) in clause (i), in the matter preceding subclause (I), by inserting ``for a year preceding 2022,'' after ``paragraph (4),''; and (ii) in clause (ii)(III), by striking ``and each subsequent year'' and inserting ``and 2021''; and (C) in subparagraph (D)-- (i) in clause (i)-- (I) in the matter preceding subclause (I), by inserting ``for a year preceding 2022,'' after ``paragraph (4),''; and (II) in subclause (I)(bb), by striking ``a year after 2018'' and inserting ``each of years 2018 through 2021''; and (ii) in clause (ii)(V), by striking ``2019 and each subsequent year'' and inserting ``each of years 2019 through 2021''; (2) in paragraph (3)(A)-- (A) in the matter preceding clause (i), by inserting ``for a year preceding 2022,'' after ``and (4),''; and (B) in clause (ii), by striking ``for a subsequent year'' and inserting ``for each of years 2007 through 2021''; and (3) in paragraph (4)-- (A) in subparagraph (A)-- (i) in clause (i)-- (I) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving the margin of each such redesignated item 2 ems to the right; (II) in the matter preceding item (aa), as redesignated by subclause (I), by striking ``is equal to the greater of--'' and inserting ``is equal to-- ``(I) for a year preceding 2022, the greater of--''; (III) by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ``; and''; and (IV) by adding at the end the following: ``(II) for 2022 and each succeeding year, $0.''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2021 for purposes of section 1860D-14(a)(1)(D)(iii).''; (B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for 2021''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2022, is equal to $2,000; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved.''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and, for a year preceding 2022, for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of years 2011 through 2021, in applying''. (b) Decreasing Reinsurance Payment Amount.--Section 1860D-15(b)(1) of the Social Security Act (42 U.S.C. 1395w-115(b)(1)) is amended by inserting after ``80 percent'' the following: ``(or, with respect to a coverage year after 2021, 20 percent)''. (c) Manufacturer Discount Program.-- (1) In general.--Part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.) is amended by inserting after section 1860D-14A the following new section: ``SEC. 1860D-14B. MANUFACTURER DISCOUNT PROGRAM. ``(a) Establishment.--The Secretary shall establish a manufacturer discount program (in this section referred to as the `program'). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). The Secretary shall establish a model agreement for use under the program by not later than July 1, 2021, in consultation with manufacturers, and allow for comment on such model agreement. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2022. ``(B) Provision of discounted prices at the point- of-sale.--The discounted prices described in subparagraph (A) shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug. ``(C) Timing of agreement.-- ``(i) Special rule for 2022.--In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2022, and ending on December 31, 2022, the manufacturer shall enter into such agreement not later than 30 days after the date of the establishment of a model agreement under subsection (a). ``(ii) 2023 and subsequent years.--In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2023 or a subsequent plan year, the manufacturer shall enter into such agreement (or such agreement shall be renewed under paragraph (4)(A)) not later than January 30 of the preceding year. ``(2) Provision of appropriate data.--Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. ``(3) Compliance with requirements for administration of program.--Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under subsection (d)(3), as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). ``(4) Length of agreement.-- ``(A) In general.--An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). ``(B) Termination.-- ``(i) By the secretary.--The Secretary may provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate. ``(ii) By a manufacturer.--A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. ``(iii) Effectiveness of termination.--Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. ``(iv) Notice to third party.--The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. ``(c) Duties Described.--The duties described in this subsection are the following: ``(1) Administration of program.--Administering the program, including-- ``(A) the determination of the amount of the discounted price of an applicable drug of a manufacturer; ``(B) the establishment of procedures under which discounted prices are provided to applicable beneficiaries at pharmacies or by mail order service at the point-of-sale of an applicable drug; ``(C) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between-- ``(i) the negotiated price of the applicable drug; and ``(ii) the discounted price of the applicable drug; ``(D) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as the Secretary may specify; and ``(E) providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, applicable beneficiaries, and the third party with a contract under subsection (d)(3). ``(2) Monitoring compliance.-- ``(A) In general.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. ``(B) Notification.--If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). ``(3) Collection of data from prescription drug plans and ma-pd plans.--The Secretary may collect appropriate data from prescription drug plans and MA-PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. ``(d) Administration.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). ``(2) Limitation.--In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program. ``(3) Contract with third parties.--The Secretary shall enter into a contract with one or more third parties to administer the requirements established by the Secretary in order to carry out this section. At a minimum, the contract with a third party under the preceding sentence shall require that the third party-- ``(A) receive and transmit information between the Secretary, manufacturers, and other individuals or entities the Secretary determines appropriate; ``(B) receive, distribute, or facilitate the distribution of funds of manufacturers to appropriate individuals or entities in order to meet the obligations of manufacturers under agreements under this section; ``(C) provide adequate and timely information to manufacturers, consistent with the agreement with the manufacturer under this section, as necessary for the manufacturer to fulfill its obligations under this section; and ``(D) permit manufacturers to conduct periodic audits, directly or through contracts, of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program. ``(4) Performance requirements.--The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. ``(5) Implementation.--The Secretary may implement the program under this section by program instruction or otherwise. ``(6) Administration.--Chapter 35 of title 44, United States Code, shall not apply to the program under this section. ``(e) Enforcement.-- ``(1) Audits.--Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. ``(2) Civil money penalty.-- ``(A) In general.--The Secretary may impose a civil money penalty on a manufacturer that fails to provide applicable beneficiaries discounts for applicable drugs of the manufacturer in accordance with such agreement for each such failure in an amount the Secretary determines is commensurate with the sum of-- ``(i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and ``(ii) 25 percent of such amount. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). ``(g) Definitions.--In this section: ``(1) Applicable beneficiary.--The term `applicable beneficiary' means an individual who, on the date of dispensing a covered part D drug-- ``(A) is enrolled in a prescription drug plan or an MA-PD plan; ``(B) is not enrolled in a qualified retiree prescription drug plan; and ``(C) has incurred costs for covered part D drugs in the year that are equal to or exceed the annual deductible specified in section 1860D-2(b)(1) for such year. ``(2) Applicable drug.--The term `applicable drug', with respect to an applicable beneficiary means a covered part D drug-- ``(A) approved under a new drug application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act; and ``(B)(i) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; ``(ii) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; or ``(iii) is provided through an exception or appeal. ``(3) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(A) with respect to claims for reimbursement submitted electronically, 14 days; and ``(B) with respect to claims for reimbursement submitted otherwise, 30 days. ``(4) Discounted price.-- ``(A) In general.--The term `discounted price' means, with respect to an applicable drug of a manufacturer furnished during a year to an applicable beneficiary-- ``(i) who has not incurred costs for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D-2(b)(4)(B)(i) for the year, 90 percent of the negotiated price of such drug; and ``(ii) who has incurred such costs in the year that are equal to or exceed such threshold for the year, 70 percent of the negotiated price of such drug. ``(B) Clarification.--Nothing in this section shall be construed as affecting the responsibility of an applicable beneficiary for payment of a dispensing fee for an applicable drug. ``(C) Special case for certain claims.-- ``(i) Claims spanning deductible.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall at or above the annual deductible specified in section 1860D-2(b)(1) for the year, the manufacturer of the applicable drug shall provide the discounted price under this section on only the portion of the negotiated price of the applicable drug that falls at or above such annual deductible. ``(ii) Claims spanning out-of-pocket threshold.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall entirely below or entirely above the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year, the manufacturer of the applicable drug shall provide the discounted price-- ``(I) in accordance with subparagraph (A)(i) on the portion of the negotiated price of the applicable drug that falls below such threshold; and ``(II) in accordance with subparagraph (A)(ii) on the portion of such price of such drug that falls at or above such threshold. ``(5) Manufacturer.--The term `manufacturer' means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 423.100 of title 42, Code of Federal Regulations (as in effect on the date of enactment of section 1860D-14A), except that such negotiated price shall not include any dispensing fee for the applicable drug. ``(7) Qualified retiree prescription drug plan.--The term `qualified retiree prescription drug plan' has the meaning given such term in section 1860D-22(a)(2).''. (2) Sunset of medicare coverage gap discount program.-- Section 1860D-14A of the Social Security Act (42 U.S.C. 1395- 114a) is amended-- (A) in subsection (a), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to subsection (h), the Secretary''; and (B) by adding at the end the following new subsection: ``(h) Sunset of Program.-- ``(1) In general.--The program shall not apply with respect to applicable drugs dispensed on or after January 1, 2022, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. ``(2) Continued application for applicable drugs dispensed prior to sunset.--The provisions of this section (including all responsibilities and duties) shall continue to apply after January 1, 2022, with respect to applicable drugs dispensed prior to such date.''. (3) Inclusion of actuarial value of manufacturer discounts in bids.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended-- (A) in subsection (b)(2)(C)(iii)-- (i) by striking ``assumptions regarding the reinsurance'' an inserting ``assumptions regarding-- ``(I) the reinsurance''; and (ii) by adding at the end the following: ``(II) for 2022 and each subsequent year, the manufacturer discounts provided under section 1860D-14B subtracted from the actuarial value to produce such bid; and''; and (B) in subsection (c)(1)(C)-- (i) by striking ``an actuarial valuation of the reinsurance'' and inserting ``an actuarial valuation of-- ``(i) the reinsurance''; (ii) in clause (i), as inserted by clause (i) of this subparagraph, by adding ``and'' at the end; and (iii) by adding at the end the following: ``(ii) for 2022 and each subsequent year, the manufacturer discounts provided under section 1860D-14B;''. (d) Conforming Amendments.-- (1) Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (A) in subsection (a)(2)(A)(i)(I), by striking ``, or an increase in the initial'' and inserting ``or, for a year preceding 2022, an increase in the initial''; (B) in subsection (c)(1)(C)-- (i) in the subparagraph heading, by striking ``at initial coverage limit''; and (ii) by inserting ``for a year preceding 2022 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2022 and each subsequent year'' after ``subsection (b)(3) for the year'' each place it appears; and (C) in subsection (d)(1)(A), by striking ``or an initial'' and inserting ``or, for a year preceding 2022, an initial''. (2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w-104(a)(4)(B)) is amended by striking ``the initial'' and inserting ``for a year preceding 2022, the initial''. (3) Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2022, the continuation''; (ii) in subparagraph (D)(iii), by striking ``1860D-2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''; and (iii) in subparagraph (E), by striking ``The elimination'' and inserting ``For a year preceding 2022, the elimination''; and (B) in paragraph (2)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2022, the continuation''; and (ii) in subparagraph (E)-- (I) by inserting ``for a year preceding 2022,'' after ``subsection (c)''; and (II) by striking ``1860D- 2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''. (4) Section 1860D-21(d)(7) of the Social Security Act (42 U.S.C. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. (5) Section 1860D-22(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-132(a)(2)(A)) is amended-- (A) by striking ``the value of any discount'' and inserting the following: ``the value of-- ``(i) for years prior to 2022, any discount''; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) for 2022 and each subsequent year, any discount provided pursuant to section 1860D-14B.''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C. 1395w-151(a)(6)) is amended-- (A) by inserting ``for a year before 2022'' after ``1860D-2(b)(3)''; and (B) by inserting ``for such year'' before the period. (7) Paragraph (1) of section 1860D-43(a) of the Social Security Act (42 U.S.C. 1395w-153(a)) is amended to read as follows: ``(1) participate in-- ``(A) for 2011 through 2021, the Medicare coverage gap discount program under section 1860D-14A; and ``(B) for 2022 and each subsequent year, the manufacturer discount program under section 1860D- 14B;''. (e) Effective Date.--The amendments made by this section shall apply with respect to plan year 2022 and subsequent plan years. <all>

Capping Drug Costs for Seniors Act of 2021

To amend title XVIII of the Social Security Act to provide for a cap on beneficiary liability under part D of the Medicare program, and for other purposes.

Capping Drug Costs for Seniors Act of 2021

Rep. Horsford, Steven

D

NV

This bill caps annual out-of-pocket spending under the Medicare prescription drug benefit.

SHORT TITLE. 2. MEDICARE PART D BENEFIT REDESIGN. ''; (B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for 2021''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2022, is equal to $2,000; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved. ''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and, for a year preceding 2022, for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of years 2011 through 2021, in applying''. 1860D-14B. MANUFACTURER DISCOUNT PROGRAM. Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2022. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. ``(3) Contract with third parties.--The Secretary shall enter into a contract with one or more third parties to administer the requirements established by the Secretary in order to carry out this section. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C.

SHORT TITLE. 2. ''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and, for a year preceding 2022, for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of years 2011 through 2021, in applying''. MANUFACTURER DISCOUNT PROGRAM. Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2022. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. ``(3) Contract with third parties.--The Secretary shall enter into a contract with one or more third parties to administer the requirements established by the Secretary in order to carry out this section. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C.

SHORT TITLE. SEC. 2. MEDICARE PART D BENEFIT REDESIGN. ''; (B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for 2021''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2022, is equal to $2,000; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved. ''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and, for a year preceding 2022, for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of years 2011 through 2021, in applying''. 1860D-14B. MANUFACTURER DISCOUNT PROGRAM. Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2022. ``(B) Provision of discounted prices at the point- of-sale.--The discounted prices described in subparagraph (A) shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug. ``(2) Provision of appropriate data.--Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. ``(3) Contract with third parties.--The Secretary shall enter into a contract with one or more third parties to administer the requirements established by the Secretary in order to carry out this section. ``(5) Implementation.--The Secretary may implement the program under this section by program instruction or otherwise. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). ``(ii) Claims spanning out-of-pocket threshold.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall entirely below or entirely above the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year, the manufacturer of the applicable drug shall provide the discounted price-- ``(I) in accordance with subparagraph (A)(i) on the portion of the negotiated price of the applicable drug that falls below such threshold; and ``(II) in accordance with subparagraph (A)(ii) on the portion of such price of such drug that falls at or above such threshold. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 423.100 of title 42, Code of Federal Regulations (as in effect on the date of enactment of section 1860D-14A), except that such negotiated price shall not include any dispensing fee for the applicable drug. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C.

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 ``Capping Drug Costs for Seniors Act of 2021''. SEC. 2. MEDICARE PART D BENEFIT REDESIGN. ''; (B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for 2021''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2022, is equal to $2,000; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved. ''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and, for a year preceding 2022, for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of years 2011 through 2021, in applying''. 1395w-115(b)(1)) is amended by inserting after ``80 percent'' the following: ``(or, with respect to a coverage year after 2021, 20 percent)''. 1860D-14B. MANUFACTURER DISCOUNT PROGRAM. Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). The Secretary shall establish a model agreement for use under the program by not later than July 1, 2021, in consultation with manufacturers, and allow for comment on such model agreement. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2022. ``(B) Provision of discounted prices at the point- of-sale.--The discounted prices described in subparagraph (A) shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug. ``(2) Provision of appropriate data.--Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. ``(3) Contract with third parties.--The Secretary shall enter into a contract with one or more third parties to administer the requirements established by the Secretary in order to carry out this section. ``(5) Implementation.--The Secretary may implement the program under this section by program instruction or otherwise. ``(e) Enforcement.-- ``(1) Audits.--Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). ``(3) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(A) with respect to claims for reimbursement submitted electronically, 14 days; and ``(B) with respect to claims for reimbursement submitted otherwise, 30 days. ``(ii) Claims spanning out-of-pocket threshold.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall entirely below or entirely above the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year, the manufacturer of the applicable drug shall provide the discounted price-- ``(I) in accordance with subparagraph (A)(i) on the portion of the negotiated price of the applicable drug that falls below such threshold; and ``(II) in accordance with subparagraph (A)(ii) on the portion of such price of such drug that falls at or above such threshold. ``(5) Manufacturer.--The term `manufacturer' means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 423.100 of title 42, Code of Federal Regulations (as in effect on the date of enactment of section 1860D-14A), except that such negotiated price shall not include any dispensing fee for the applicable drug. 1395w-104(a)(4)(B)) is amended by striking ``the initial'' and inserting ``for a year preceding 2022, the initial''. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C.

H.R.2703

Taxation

Superfund Polluter Pays Act This bill reinstates and extends the Hazardous Substance Superfund Financing rate through 2025 and increases the rate to 16.3 cents a barrel, adjusted for inflation beginning after 2021. The bill imposes on corporations a 0.12% tax of the excess of the modified environmental tax taxable income of the corporation over $3.13 million.

To amend the Internal Revenue Code of 1986 to extend the financing of the Superfund. 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 ``Superfund Polluter Pays Act''. SEC. 2. EXTENSION OF SUPERFUND TAXES. (a) Hazardous Substance Superfund Financing Rate.-- (1) In general.--Section 4611(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of this subsection and before January 1, 2026.''. (2) Rate of tax adjusted for inflation.-- (A) In general.--Section 4611(c)(2)(A) of such Code is amended by striking ``9.7 cents'' and inserting ``16.3 cents''. (B) Continued adjustment for inflation.--Section 4611(c) of such Code is amended by adding at the end the following new paragraph: ``(3) Inflation adjustment.-- ``(A) In general.--In the case of a calendar year beginning after 2021, the 16.3 cents amount in paragraph (2)(A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of 0.1 cents, such amount shall be rounded to the nearest multiple of 0.1 cents.''. (3) Technical amendments.-- (A) Section 4611(b) of such Code is amended-- (i) by striking ``or exported from'' in paragraph (1)(A), (ii) by striking ``or exportation'' in paragraph (1)(B), and (iii) by striking ``and Exportation'' in the heading. (B) Section 4611(d)(3) of such Code is amended-- (i) by striking ``or exporting the crude oil, as the case may be'' in the text and inserting ``the crude oil'', and (ii) by striking ``or exports'' in the heading. (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.-- Section 4661(b) of such Code is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $14.30 Benzene 14.30 Butane 14.30 Butylene 14.30 Butadiene 14.30 Ethylene 14.30 Methane 10.10 Naphthalene 14.30 Propylene 14.30 Toluene 14.30 Xylene 14.30 Ammonia 7.75 Antimony 13.06 Antimony trioxide 11.01 Arsenic 13.06 Arsenic trioxide 10.01 Barium sulfide 6.75 Bromine 13.06 Cadmium 13.06 Chlorine 7.93 Chromium 13.06 Chromite 4.46 Potassium dichromate 4.96 Sodium dichromate 5.49 Cobalt 13.06 Cupric sulfate 5.49 Cupric oxide 10.54 Cuprous oxide 11.66 Hydrochloric acid 0.85 Hydrogen fluoride 12.42 Lead oxide 12.15 Mercury 13.06 Nickel 13.06 Phosphorus 13.06 Stannous chloride 8.37 Stannic chloride 6.22 Zinc chloride 6.52 Zinc sulfate 5.58 Potassium hydroxide 0.65 Sodium hydroxide 0.82 Sulfuric acid 0.76 Nitric acid 0.70. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2021, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.''. (c) Corporate Environmental Income Tax.-- (1) Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--ENVIRONMENTAL TAX ``Sec. 59B. Environmental Tax. ``SEC. 59B. ENVIRONMENTAL TAX. ``(a) Imposition of Tax.--In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.12 percent of the excess of-- ``(1) the modified environmental tax taxable income of such corporation for the taxable year, over ``(2) $3,130,000. ``(b) Modified Environmental Tax Taxable Income.--For purposes of this section, the term `modified environmental tax taxable income' means taxable income determined without regard to-- ``(1) the net operating loss deduction allowable under section 172, and ``(2) the deduction allowed under section 164(a)(5). ``(c) Exception for RICs and REITs.--The tax imposed by subsection (a) shall not apply to-- ``(1) a regulated investment company to which part I of subchapter M applies, and ``(2) a real estate investment trust to which part II of subchapter M applies. ``(d) Special Rules.-- ``(1) Short taxable years.--The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Secretary. ``(2) Section 15 not to apply.--Section 15 shall not apply to the tax imposed by this section. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2021, the $3,130,000 amount in subsection (a)(2) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. ``(f) Application of Tax.--The tax imposed by this section shall apply to taxable years beginning after the date of the enactment of this subsection and before January 1, 2027.''. (2) Conforming amendments.-- (A) Paragraph (2) of section 26(b) of such Code is amended by striking ``and'' at the end of subparagraph (X), by striking the period at the end of subparagraph (Y) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(Z) section 59B (relating to environmental tax).''. (B) Section 164(a) of such Code is amended by adding at the end the following: ``(5) The environmental tax imposed by section 59B.''. (C) Section 275(a) of such Code is amended by adding at the end the following: ``Paragraph (1) shall not apply to the tax imposed by section 59B.''. (D) Section 882(a)(1) of such Code is amended by striking ``or 59A'' and inserting ``, 59A, or 59B''. (E) Section 1561(a) of such Code is amended by inserting ``and one dollar amount in effect under section 59B(a)(2) for purposes of computing the tax imposed by section 59B'' after ``under section 535(c)(2) and (3)''. (F) Section 6425(c)(1)(A) of such Code is amended by striking ``plus'' at the end of clause (i), by striking ``over'' and inserting ``plus'' at the end of clause (ii), and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59B, over''. (G) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and modified taxable income'' and inserting ``taxable income, modified taxable income, and modified environmental tax taxable income'', (ii) in subsection (e)(2)(B), by adding at the end the following new clause: ``(iii) Modified environmental tax taxable income.--The term `modified environmental tax taxable income' has the meaning given to such term in section 59B(b).'', and (iii) in subsection (g)(1)(A), by striking ``plus'' at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59B, plus''. (H) Section 9507(b)(1) of such Code is amended by inserting ``59B,'' before ``4611''. (I) The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VII the following new item: ``Part VIII. Environmental Tax''. (d) Effective Dates.-- (1) Excise taxes.--The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act. (2) Income tax.--The amendments made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Superfund Polluter Pays Act

To amend the Internal Revenue Code of 1986 to extend the financing of the Superfund.

Superfund Polluter Pays Act

Rep. Pallone, Frank, Jr.

D

NJ

This bill reinstates and extends the Hazardous Substance Superfund Financing rate through 2025 and increases the rate to 16.3 cents a barrel, adjusted for inflation beginning after 2021. The bill imposes on corporations a 0.12% tax of the excess of the modified environmental tax taxable income of the corporation over $3.13 million.

To amend the Internal Revenue Code of 1986 to extend the financing of the Superfund. SHORT TITLE. SEC. 2. (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.-- Section 4661(b) of such Code is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $14.30 Benzene 14.30 Butane 14.30 Butylene 14.30 Butadiene 14.30 Ethylene 14.30 Methane 10.10 Naphthalene 14.30 Propylene 14.30 Toluene 14.30 Xylene 14.30 Ammonia 7.75 Antimony 13.06 Antimony trioxide 11.01 Arsenic 13.06 Arsenic trioxide 10.01 Barium sulfide 6.75 Bromine 13.06 Cadmium 13.06 Chlorine 7.93 Chromium 13.06 Chromite 4.46 Potassium dichromate 4.96 Sodium dichromate 5.49 Cobalt 13.06 Cupric sulfate 5.49 Cupric oxide 10.54 Cuprous oxide 11.66 Hydrochloric acid 0.85 Hydrogen fluoride 12.42 Lead oxide 12.15 Mercury 13.06 Nickel 13.06 Phosphorus 13.06 Stannous chloride 8.37 Stannic chloride 6.22 Zinc chloride 6.52 Zinc sulfate 5.58 Potassium hydroxide 0.65 Sodium hydroxide 0.82 Sulfuric acid 0.76 Nitric acid 0.70. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2021, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. Environmental Tax. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. (G) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and modified taxable income'' and inserting ``taxable income, modified taxable income, and modified environmental tax taxable income'', (ii) in subsection (e)(2)(B), by adding at the end the following new clause: ``(iii) Modified environmental tax taxable income.--The term `modified environmental tax taxable income' has the meaning given to such term in section 59B(b). (H) Section 9507(b)(1) of such Code is amended by inserting ``59B,'' before ``4611''. (I) The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VII the following new item: ``Part VIII. (2) Income tax.--The amendments made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act.

SEC. 2. (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.-- Section 4661(b) of such Code is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $14.30 Benzene 14.30 Butane 14.30 Butylene 14.30 Butadiene 14.30 Ethylene 14.30 Methane 10.10 Naphthalene 14.30 Propylene 14.30 Toluene 14.30 Xylene 14.30 Ammonia 7.75 Antimony 13.06 Antimony trioxide 11.01 Arsenic 13.06 Arsenic trioxide 10.01 Barium sulfide 6.75 Bromine 13.06 Cadmium 13.06 Chlorine 7.93 Chromium 13.06 Chromite 4.46 Potassium dichromate 4.96 Sodium dichromate 5.49 Cobalt 13.06 Cupric sulfate 5.49 Cupric oxide 10.54 Cuprous oxide 11.66 Hydrochloric acid 0.85 Hydrogen fluoride 12.42 Lead oxide 12.15 Mercury 13.06 Nickel 13.06 Phosphorus 13.06 Stannous chloride 8.37 Stannic chloride 6.22 Zinc chloride 6.52 Zinc sulfate 5.58 Potassium hydroxide 0.65 Sodium hydroxide 0.82 Sulfuric acid 0.76 Nitric acid 0.70. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2021, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. Environmental Tax. (G) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and modified taxable income'' and inserting ``taxable income, modified taxable income, and modified environmental tax taxable income'', (ii) in subsection (e)(2)(B), by adding at the end the following new clause: ``(iii) Modified environmental tax taxable income.--The term `modified environmental tax taxable income' has the meaning given to such term in section 59B(b). (H) Section 9507(b)(1) of such Code is amended by inserting ``59B,'' before ``4611''.

To amend the Internal Revenue Code of 1986 to extend the financing of the Superfund. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. 2. (a) Hazardous Substance Superfund Financing Rate.-- (1) In general.--Section 4611(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of this subsection and before January 1, 2026.''. (2) Rate of tax adjusted for inflation.-- (A) In general.--Section 4611(c)(2)(A) of such Code is amended by striking ``9.7 cents'' and inserting ``16.3 cents''. (B) Section 4611(d)(3) of such Code is amended-- (i) by striking ``or exporting the crude oil, as the case may be'' in the text and inserting ``the crude oil'', and (ii) by striking ``or exports'' in the heading. (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.-- Section 4661(b) of such Code is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $14.30 Benzene 14.30 Butane 14.30 Butylene 14.30 Butadiene 14.30 Ethylene 14.30 Methane 10.10 Naphthalene 14.30 Propylene 14.30 Toluene 14.30 Xylene 14.30 Ammonia 7.75 Antimony 13.06 Antimony trioxide 11.01 Arsenic 13.06 Arsenic trioxide 10.01 Barium sulfide 6.75 Bromine 13.06 Cadmium 13.06 Chlorine 7.93 Chromium 13.06 Chromite 4.46 Potassium dichromate 4.96 Sodium dichromate 5.49 Cobalt 13.06 Cupric sulfate 5.49 Cupric oxide 10.54 Cuprous oxide 11.66 Hydrochloric acid 0.85 Hydrogen fluoride 12.42 Lead oxide 12.15 Mercury 13.06 Nickel 13.06 Phosphorus 13.06 Stannous chloride 8.37 Stannic chloride 6.22 Zinc chloride 6.52 Zinc sulfate 5.58 Potassium hydroxide 0.65 Sodium hydroxide 0.82 Sulfuric acid 0.76 Nitric acid 0.70. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2021, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. Environmental Tax. ``(b) Modified Environmental Tax Taxable Income.--For purposes of this section, the term `modified environmental tax taxable income' means taxable income determined without regard to-- ``(1) the net operating loss deduction allowable under section 172, and ``(2) the deduction allowed under section 164(a)(5). ``(c) Exception for RICs and REITs.--The tax imposed by subsection (a) shall not apply to-- ``(1) a regulated investment company to which part I of subchapter M applies, and ``(2) a real estate investment trust to which part II of subchapter M applies. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. (D) Section 882(a)(1) of such Code is amended by striking ``or 59A'' and inserting ``, 59A, or 59B''. (G) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and modified taxable income'' and inserting ``taxable income, modified taxable income, and modified environmental tax taxable income'', (ii) in subsection (e)(2)(B), by adding at the end the following new clause: ``(iii) Modified environmental tax taxable income.--The term `modified environmental tax taxable income' has the meaning given to such term in section 59B(b). (H) Section 9507(b)(1) of such Code is amended by inserting ``59B,'' before ``4611''. (I) The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VII the following new item: ``Part VIII. (2) Income tax.--The amendments made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to extend the financing of the Superfund. 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 ``Superfund Polluter Pays Act''. SEC. 2. EXTENSION OF SUPERFUND TAXES. (a) Hazardous Substance Superfund Financing Rate.-- (1) In general.--Section 4611(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of this subsection and before January 1, 2026.''. (2) Rate of tax adjusted for inflation.-- (A) In general.--Section 4611(c)(2)(A) of such Code is amended by striking ``9.7 cents'' and inserting ``16.3 cents''. (3) Technical amendments.-- (A) Section 4611(b) of such Code is amended-- (i) by striking ``or exported from'' in paragraph (1)(A), (ii) by striking ``or exportation'' in paragraph (1)(B), and (iii) by striking ``and Exportation'' in the heading. (B) Section 4611(d)(3) of such Code is amended-- (i) by striking ``or exporting the crude oil, as the case may be'' in the text and inserting ``the crude oil'', and (ii) by striking ``or exports'' in the heading. (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.-- Section 4661(b) of such Code is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $14.30 Benzene 14.30 Butane 14.30 Butylene 14.30 Butadiene 14.30 Ethylene 14.30 Methane 10.10 Naphthalene 14.30 Propylene 14.30 Toluene 14.30 Xylene 14.30 Ammonia 7.75 Antimony 13.06 Antimony trioxide 11.01 Arsenic 13.06 Arsenic trioxide 10.01 Barium sulfide 6.75 Bromine 13.06 Cadmium 13.06 Chlorine 7.93 Chromium 13.06 Chromite 4.46 Potassium dichromate 4.96 Sodium dichromate 5.49 Cobalt 13.06 Cupric sulfate 5.49 Cupric oxide 10.54 Cuprous oxide 11.66 Hydrochloric acid 0.85 Hydrogen fluoride 12.42 Lead oxide 12.15 Mercury 13.06 Nickel 13.06 Phosphorus 13.06 Stannous chloride 8.37 Stannic chloride 6.22 Zinc chloride 6.52 Zinc sulfate 5.58 Potassium hydroxide 0.65 Sodium hydroxide 0.82 Sulfuric acid 0.76 Nitric acid 0.70. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2021, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. Environmental Tax. ``(a) Imposition of Tax.--In the case of a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 0.12 percent of the excess of-- ``(1) the modified environmental tax taxable income of such corporation for the taxable year, over ``(2) $3,130,000. ``(b) Modified Environmental Tax Taxable Income.--For purposes of this section, the term `modified environmental tax taxable income' means taxable income determined without regard to-- ``(1) the net operating loss deduction allowable under section 172, and ``(2) the deduction allowed under section 164(a)(5). ``(c) Exception for RICs and REITs.--The tax imposed by subsection (a) shall not apply to-- ``(1) a regulated investment company to which part I of subchapter M applies, and ``(2) a real estate investment trust to which part II of subchapter M applies. ``(d) Special Rules.-- ``(1) Short taxable years.--The application of this section to taxable years of less than 12 months shall be in accordance with regulations prescribed by the Secretary. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000. (D) Section 882(a)(1) of such Code is amended by striking ``or 59A'' and inserting ``, 59A, or 59B''. (E) Section 1561(a) of such Code is amended by inserting ``and one dollar amount in effect under section 59B(a)(2) for purposes of computing the tax imposed by section 59B'' after ``under section 535(c)(2) and (3)''. (G) Section 6655 of such Code is amended-- (i) in subsections (e)(2)(A)(i) and (e)(2)(B)(i), by striking ``taxable income and modified taxable income'' and inserting ``taxable income, modified taxable income, and modified environmental tax taxable income'', (ii) in subsection (e)(2)(B), by adding at the end the following new clause: ``(iii) Modified environmental tax taxable income.--The term `modified environmental tax taxable income' has the meaning given to such term in section 59B(b). '', and (iii) in subsection (g)(1)(A), by striking ``plus'' at the end of clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (ii) the following: ``(iii) the tax imposed by section 59B, plus''. (H) Section 9507(b)(1) of such Code is amended by inserting ``59B,'' before ``4611''. (I) The table of parts for subchapter A of chapter 1 of such Code is amended by inserting after the item relating to part VII the following new item: ``Part VIII. (2) Income tax.--The amendments made by subsection (c) shall apply to taxable years beginning after the date of the enactment of this Act.

S.3424

Taxation

Supporting Early-childhood Educators' Deductions Act or the SEED Act This bill expands the tax deduction for the expenses of elementary and secondary school teachers to include early childhood educators.

To amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, 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 ``Supporting Early-childhood Educators' Deductions Act'' or the ``SEED Act''. SEC. 2. EDUCATOR EXPENSE DEDUCTION TO INCLUDE EARLY CHILDHOOD EDUCATORS. (a) In General.--Section 62 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)(2)(D), by striking ``elementary and secondary'' in the heading and inserting ``early childhood, elementary, and secondary''; (2) in subsection (d)(1)(A), by striking ``kindergarten through grade 12 teacher'' and inserting, ``early childhood or kindergarten through grade 12 teacher, educator''; and (3) in subsection (d)(1)(B), by striking ``elementary education or secondary education'' and inserting ``early childhood education (through pre-kindergarten) or elementary or secondary education''. (b) Effective Date.--The amendments made by this section shall apply to expenses incurred in taxable years beginning after December 31, 2020. <all>

SEED Act

A bill to amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, and for other purposes.

SEED Act Supporting Early-childhood Educators’ Deductions Act

Sen. Bennet, Michael F.

D

CO

This bill expands the tax deduction for the expenses of elementary and secondary school teachers to include early childhood educators.

To amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, 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 ``Supporting Early-childhood Educators' Deductions Act'' or the ``SEED Act''. SEC. 2. EDUCATOR EXPENSE DEDUCTION TO INCLUDE EARLY CHILDHOOD EDUCATORS. (a) In General.--Section 62 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)(2)(D), by striking ``elementary and secondary'' in the heading and inserting ``early childhood, elementary, and secondary''; (2) in subsection (d)(1)(A), by striking ``kindergarten through grade 12 teacher'' and inserting, ``early childhood or kindergarten through grade 12 teacher, educator''; and (3) in subsection (d)(1)(B), by striking ``elementary education or secondary education'' and inserting ``early childhood education (through pre-kindergarten) or elementary or secondary education''. (b) Effective Date.--The amendments made by this section shall apply to expenses incurred in taxable years beginning after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, 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 ``Supporting Early-childhood Educators' Deductions Act'' or the ``SEED Act''. SEC. 2. EDUCATOR EXPENSE DEDUCTION TO INCLUDE EARLY CHILDHOOD EDUCATORS. (a) In General.--Section 62 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)(2)(D), by striking ``elementary and secondary'' in the heading and inserting ``early childhood, elementary, and secondary''; (2) in subsection (d)(1)(A), by striking ``kindergarten through grade 12 teacher'' and inserting, ``early childhood or kindergarten through grade 12 teacher, educator''; and (3) in subsection (d)(1)(B), by striking ``elementary education or secondary education'' and inserting ``early childhood education (through pre-kindergarten) or elementary or secondary education''. (b) Effective Date.--The amendments made by this section shall apply to expenses incurred in taxable years beginning after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, 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 ``Supporting Early-childhood Educators' Deductions Act'' or the ``SEED Act''. SEC. 2. EDUCATOR EXPENSE DEDUCTION TO INCLUDE EARLY CHILDHOOD EDUCATORS. (a) In General.--Section 62 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)(2)(D), by striking ``elementary and secondary'' in the heading and inserting ``early childhood, elementary, and secondary''; (2) in subsection (d)(1)(A), by striking ``kindergarten through grade 12 teacher'' and inserting, ``early childhood or kindergarten through grade 12 teacher, educator''; and (3) in subsection (d)(1)(B), by striking ``elementary education or secondary education'' and inserting ``early childhood education (through pre-kindergarten) or elementary or secondary education''. (b) Effective Date.--The amendments made by this section shall apply to expenses incurred in taxable years beginning after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to allow early childhood educators to take the educator expense deduction, 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 ``Supporting Early-childhood Educators' Deductions Act'' or the ``SEED Act''. SEC. 2. EDUCATOR EXPENSE DEDUCTION TO INCLUDE EARLY CHILDHOOD EDUCATORS. (a) In General.--Section 62 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)(2)(D), by striking ``elementary and secondary'' in the heading and inserting ``early childhood, elementary, and secondary''; (2) in subsection (d)(1)(A), by striking ``kindergarten through grade 12 teacher'' and inserting, ``early childhood or kindergarten through grade 12 teacher, educator''; and (3) in subsection (d)(1)(B), by striking ``elementary education or secondary education'' and inserting ``early childhood education (through pre-kindergarten) or elementary or secondary education''. (b) Effective Date.--The amendments made by this section shall apply to expenses incurred in taxable years beginning after December 31, 2020. <all>

S.4211

Government Operations and Politics

Promoting Innovation and Offering the Needed Escape from Exhaustive Regulations Act or the PIONEER Act This bill establishes a federal regulatory sandbox program to allow businesses to apply for a temporary waiver from a federal regulation, guidance document, or any other document issued by an agency. The bill establishes the Office of Federal Regulatory Relief to administer the program.

To establish a regulatory sandbox program under which agencies may provide waivers of agency rules and guidance, 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 ``Promoting Innovation and Offering the Needed Escape from Exhaustive Regulations Act'' or the ``PIONEER Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Office of Information and Regulatory Affairs. (2) Agency; rule.--The terms ``agency'' and ``rule'' have the meanings given those terms in section 551 of title 5, United States Code. (3) Applicable agency.--The term ``applicable agency'' means an agency that has jurisdiction over the enforcement or implementation covered provision for which an applicant is seeking a waiver under the Program. (4) Covered provision.--The term ``covered provision'' means-- (A) a rule, including a rule required to be issued under law; or (B) guidance or any other document issued by an agency. (5) Director.--The term ``Director'' means the Director of the Office. (6) Economic damage.--The term ``economic damage'' means a risk that is likely to cause tangible, physical harm to the property or assets of consumers. (7) Health or safety.--The term ``health or safety'', with respect to a risk, means the risk is likely to cause bodily harm to a human life, loss of human life, or an inability to sustain the health or life of a human being. (8) Office.--The term ``Office'' means the Office of Federal Regulatory Relief established under section 3(a). (9) Program.--The term ``Program'' means the program established under section 4(a). (10) Unfair or deceptive trade practice.--The term ``unfair or deceptive trade practice'' has the meaning given the term in-- (A) the Policy Statement of the Federal Trade Commission on Deception, issued on October 14, 1983; and (B) the Policy Statement of the Federal Trade Commission on Unfairness, issued on December 17, 1980. SEC. 3. OFFICE OF FEDERAL REGULATORY RELIEF. (a) Establishment.--There is established within the Office of Information and Regulatory Affairs within the Office of Management and Budget an Office of Federal Regulatory Relief. (b) Director.-- (1) In general.--The Office shall be headed by a Director, who shall be the Administrator or a designee thereof, who shall-- (A) be responsible for-- (i) establishing a regulatory sandbox program described in section 4; (ii) receiving Program applications and ensuring those applications are complete; (iii) referring complete Program applications to the applicable agencies; (iv) filing final Program application decisions from the applicable agencies; (v) hearing appeals from applicants if their applications are denied by an applicable agency in accordance with section 4(c)(6); and (vi) designating staff to the Office as needed; and (B) not later than 180 days after the date of enactment of this Act-- (i) establish a process that is used to assess likely health and safety risks, risks that are likely to cause economic damage, and the likelihood for unfair or deceptive practices to be committed against consumers related to applications submitted for the Program, which shall be-- (I) published in the Federal Register and made publicly available with a detailed list of the criteria used to make such determinations; and (II) subject to public comment before final publication in the Federal Register; and (ii) establish the application process described in section 4(c)(1). (2) Advisory boards.-- (A) Establishment.--The Director shall require the head of each agency to establish an advisory board, which shall-- (i) be composed of 10 private sector representatives appointed by the head of the agency-- (I) with expertise in matters under the jurisdiction of the agency, with not more than 5 representatives from the same political party; (II) who shall serve for a period of not more than 3 years; and (III) who shall not receive any compensation for participation on the advisory board; and (ii) be responsible for providing input to the head of the agency for each Program application received by the agency. (B) Vacancy.--A vacancy on an advisory board established under subparagraph (A), including a temporary vacancy due to a recusal under subparagraph (C)(ii), shall be filled in the same manner as the original appointment with an individual who meets the qualifications described in subparagraph (A)(i)(I). (C) Conflict of interest.-- (i) In general.--If a member of an advisory board established under subparagraph (A) is also the member of the board of an applicant that submits an application under review by the advisory board, the head of the agency or a designee thereof may appoint a temporary replacement for that member. (ii) Financial interest.--Each member of an advisory board established under subparagraph (A) shall recuse themselves from advising on an application submitted under the Program for which the member has a conflict of interest as described in section 208 of title 18, United States Code. (D) Small business concerns.--Not less than 5 of the members of each advisory board established under subparagraph (A) shall be representatives of a small business concern, as defined in section 3 of the Small Business Act (15 U.S.C. 632). (E) Rule of construction.--Nothing in this Act shall be construed to prevent an agency from establishing additional advisory boards as needed to assist in reviewing Program applications that involve multiple or unique industries. SEC. 4. REGULATORY SANDBOX PROGRAM. (a) In General.--The Director shall establish a regulatory sandbox program under which applicable agencies shall grant or deny waivers of covered provisions to temporarily test products or services on a limited basis, or undertake a project to expand or grow business facilities consistent with the purpose described in subsection (b), without otherwise being licensed or authorized to do so under that covered provision. (b) Purpose.--The purpose of the Program is to incentivize the success of current or new businesses, the expansion of economic opportunities, the creation of jobs, and the fostering of innovation. (c) Application Process for Waivers.-- (1) In general.--The Office shall establish an application process for the waiver of covered provisions, which shall require that an application shall-- (A) confirm that the applicant-- (i) is subject to the jurisdiction of the Federal Government; and (ii) has established or plans to establish a business that is incorporated or has a principal place of business in the United States from which their goods or services are offered from and their required documents and data are maintained; (B) include relevant personal information such as the legal name, address, telephone number, email address, and website address of the applicant; (C) disclose any criminal conviction of the applicant or other participating persons, if applicable; (D) contain a description of the good, service, or project to be offered by the applicant for which the applicant is requesting waiver of a covered provision by the Office under the Program, including-- (i) how the applicant is subject to licensing, prohibitions, or other authorization requirements outside of the Program; (ii) each covered provision that the applicant seeks to have waived during participation in the Program; (iii) how the good, service, or project would benefit consumers; (iv) what likely risks the participation of the applicant in the Program may pose, and how the applicant intends to reasonably mitigate those risks; (v) how participation in the Program would render the offering of the good, service, or project successful; (vi) a description of the plan and estimated time periods for the beginning and end of the offering of the good, service, or project under the Program; (vii) a recognition that the applicant will be subject to all laws and rules after the conclusion of the offering of the good, service, or project under the Program; (viii) how the applicant will end the demonstration of the offering of the good, service, or project under the Program; (ix) how the applicant will repair harm to consumers if the offering of the good, service, or project under the Program fails; and (x) a list of each agency that regulates the business of the applicant; and (E) include any other information as required by the Office. (2) Assistance.--The Office may, upon request, provide assistance to an applicant to complete the application process for a waiver under the Program, including by providing the likely covered provisions that could be eligible for such a waiver. (3) Agency review.-- (A) Transmission.--Not later than 14 days after the date on which the Office receives an application under paragraph (1), the Office shall submit a copy of the application to each applicable agency. (B) Review.--The head of an applicable agency, or a designee thereof, shall review a Program application received under subparagraph (A) with input from the advisory board established under section 3(b)(2). (C) Considerations.--In reviewing a copy of an application submitted to an applicable agency under subparagraph (A), the head of the applicable agency, or a designee thereof, with input from the advisory board of the applicable agency established under section 3(b)(2), shall consider whether-- (i) the plan of the applicant to deploy their offering will adequately protect consumers from harm; (ii) the likely health and safety risks, risks that are likely to cause economic damage, and the likelihood for unfair or deceptive practices to be committed against consumers are outweighed by the potential benefits to consumers from the offering of the applicant; and (iii) it is possible to provide the applicant a waiver even if the Office does not waive every covered provision requested by the applicant. (D) Final decision.-- (i) In general.--Subject to clause (ii), the head of an applicable agency, or a designee thereof, who receives a copy of an application under subparagraph (A) shall, with the consideration of the recommendations of the advisory board of the applicable agency established under section 3(b)(2), make the final decision to grant or deny the application. (ii) In part approval.-- (I) In general.--If more than 1 applicable agency receives a copy of an application under subparagraph (A)-- (aa) the head of each applicable agency (or their designees), with input from the advisory board of the applicable agency established under section 3(b)(2), shall grant or deny the waiver of the covered provisions over which the applicable agency has jurisdiction for enforcement or implementation; and (bb) if each applicable agency that receives an application under subparagraph (A) grants the waiver under item (aa), the Director shall grant the entire application. (II) In part approval by director.--If an applicable agency denies part of an application under subclause (I) but another applicable agency grants part of the application, the Director shall approve the application in part and specify in the final decision which covered provisions are waived. (E) Record of decision.-- (i) In general.--Not later than 180 days after receiving a copy of an application under subparagraph (A), an applicable agency shall approve or deny the application and submit to the Director a record of the decision, which shall include a description of each likely health and safety risk, each risk that is likely to cause economic damage, and the likelihood for unfair or deceptive practices to be committed against consumers that the covered provision the applicant is seeking to have waived protects against, and-- (I) if the application is approved, a description of how the identifiable, significant harms will be mitigated and how consumers will be protected under the waiver; (II) if the applicable agency denies the waiver, a description of the reasons for the decision, including why a waiver would likely cause health and safety risks, likely cause economic damage, and increase the likelihood for unfair or deceptive practices to be committed against consumers, and the likelihood of such risks occurring, as well as reasons why the application cannot be approved in part or reformed to mitigate such risks; and (III) if the applicable agency determines that a waiver would likely cause health and safety risks, likely cause economic damage, and there is likelihood for unfair or deceptive practices to be committed against consumers as a result of the covered provision that an applicant is requesting to have waived, but the applicable agency determines such risks can be protected through less restrictive means than denying the application, the applicable agency shall provide a recommendation of how that can be achieved. (ii) No record submitted.--If the applicable agency does not submit a record of the decision with respect to an application for a waiver submitted to the applicable agency, the Office shall assume that the applicable agency does not object to the granting of the waiver. (iii) Extension.--The applicable agency may request one 30-day extension of the deadline for a record of decision under clause (i). (iv) Expedited review.--If the applicable agency provides a recommendation described in clause (i)(III), the Office shall provide the applicant with a 60-day period to make necessary changes to the application, and the applicant may resubmit the application to the applicable agency for expedited review over a period of not more than 60 days. (4) Nondiscrimination.--In considering an application for a waiver, an applicable agency shall not unreasonably discriminate among applications under the Program or resort to any unfair or unjust discrimination for any reason. (5) Fee.--The Office may collect an application fee from each applicant under the Program, which-- (A) shall be in a fair amount and reflect the cost of the service provided; (B) shall be deposited in the general fund of the Treasury and allocated to the Office, subject to appropriations; and (C) shall not be increased more frequently than once every 2 years. (6) Written agreement.--If each applicable agency grants a waiver requested in an application submitted under paragraph (1), the waiver shall not be effective until the applicant enters into a written agreement with the Office that describes each covered provision that is waived under the Program. (7) Limitation.--An applicable agency may not waive under the Program any tax, fee, or charge imposed by the Federal Government. (8) Appeals.-- (A) In general.--If an applicable agency denies an application under paragraph (3)(E), the applicant may submit to the Office one appeal for reconsideration, which shall-- (i) address the comments of the applicable agency that resulted in denial of the application; and (ii) include how the applicant plans to mitigate the likely risks identified by the applicable agency. (B) Office response.--Not later than 60 days after receiving an appeal under subparagraph (A), the Director shall-- (i) determine whether the appeal sufficiently addresses the concerns of the applicable agency; and (ii)(I) if the Director determines that the appeal sufficiently addresses the concerns of the applicable agency, file a record of decision detailing how the concerns have been remedied and approve the application; or (II) if the Director determines that the appeal does not sufficiently address the concerns of the applicable agency, file a record of decision detailing how the concerns have not been remedied and deny the application. (9) Nondiscrimination.--The Office shall not unreasonably discriminate among applications under the Program or resort to any unfair or unjust discrimination for any reason in the implementation of the Program. (10) Judicial review.-- (A) Record of decision.--A record of decision described in paragraph (3)(E) or (8)(B) shall be considered a final agency action for purposes of review under section 704 of title 5, United States Code. (B) Limitation.--A reviewing court considering claims made against a final agency action under this Act shall be limited to whether the agency acted in accordance with the requirements set forth under this Act. (C) Right to judicial review.--Nothing in this paragraph shall be construed to establish a right to judicial review under this Act. (d) Period of Waiver.-- (1) Initial period.--Except as provided in this subsection, a waiver granted under the Program shall be for a term of 2 years. (2) Continuance.--The Office may continue a waiver granted under the Program for a maximum of 4 additional periods of 2 years as determined by the Office. (3) Notification.--Not later than 30 days before the end of an initial waiver period under paragraph (1), an entity that is granted a waiver under the Program shall notify the Office if the entity intends to seek a continuance under paragraph (2). (4) Revocation.-- (A) Significant harm.--If the Office determines that an entity that was granted a waiver under the Program is causing significant harm to the health or safety of the public, inflicting severe economic damage on the public, or engaging in unfair or deceptive practices, the Office may immediately end the participation of the entity in the Program by revoking the waiver. (B) Compliance.--If the Office determines that an entity that was granted a waiver under the Program is not in compliance with the terms of the Program, the Office shall give the entity 30 days to correct the action, and if the entity does not correct the action by the end of the 30-day period, the Office may end the participation of the entity in the Program by revoking the waiver. (e) Terms.--An entity for which a waiver is granted under the Program shall be subject to the following terms: (1) A covered provision may not be waived if the waiver would prevent a consumer from seeking actual damages or an equitable remedy in the event that a consumer is harmed. (2) While a waiver is in use, the entity shall not be subject to the criminal or civil enforcement of a covered provision identified in the waiver. (3) An agency may not file or pursue any punitive action against a participant during the period for which the waiver is in effect, including a fine or license suspension or revocation for the violation of a covered provision identified in the waiver. (4) The entity shall not have immunity related to any criminal offense committed during the period for which the waiver is in effect. (5) The Federal Government shall not be responsible for any business losses or the recouping of application fees if the waiver is denied or the waiver is revoked at any time. (f) Consumer Protection.-- (1) In general.--Before distributing an offering to consumers under a waiver granted under the Program, and throughout the duration of the waiver, an entity shall publicly disclose the following to consumers: (A) The name and contact information of the entity. (B) That the entity has been granted a waiver under the Program, and if applicable, that the entity does not have a license or other authorization to provide an offering under covered provisions outside of the waiver. (C) If applicable, that the offering is undergoing testing and may not function as intended and may expose the consumer to certain risks as identified in the record of decision of the applicable agency submitted under section 4(c)(3)(E). (D) That the entity is not immune from civil liability for any losses or damages caused by the offering. (E) That the entity is not immune from criminal prosecution for violation of covered provisions that are not suspended under the waiver. (F) That the offering is a temporary demonstration and may be discontinued at the end of the initial period under subsection (d)(1). (G) The expected commencement date of the initial period under subsection (d)(1). (H) The contact information of the Office and that the consumer may contact the Office and file a complaint. (2) Online offering.--With respect to an offering provided over the internet under the Program, the consumer shall acknowledge receipt of the disclosures required under paragraph (1) before any transaction is completed. (g) Record Keeping.-- (1) In general.--An entity that is granted a waiver under this section shall retain records, documents, and data produced that is directly related to the participation of the entity in the Program. (2) Notification before ending offering.--If an applicant decides to end their offering before the initial period ends under subsection (d)(1), the applicant shall submit to the Office and the applicable agency a report on actions taken to ensure consumers have not been harmed as a result. (3) Request for documents.--The Office may request records, documents, and data from an entity that is granted a waiver under this section that is directly related to the participation of the entity in the Program, and upon the request, the applicant shall make such records, documents, and data available for inspection by the Office. (4) Notification of incidents.--An entity that is granted a waiver under this section shall notify the Office and any applicable agency of any incident that results in harm to the health or safety of consumers, severe economic damage, or an unfair or deceptive practice under the Program not later than 72 hours after the incident occurs. (h) Reports.-- (1) Entities granted a waiver.-- (A) In general.--Any entity that is granted a waiver under this section shall submit to the Office reports that include-- (i) how many consumers are participating in the good, service, or project offered by the entity under the Program; (ii) an assessment of the likely risks and how mitigation is taking place; (iii) any previously unrealized risks that have manifested; and (iv) a description of any adverse incidents and the ensuing process taken to repair any harm done to consumers. (B) Timing.--An entity shall submit a report required under subparagraph (A)-- (i) 10 days after 30 days elapses from commencement of the period for which a waiver is granted under the Program; (ii) 30 days after the halfway mark of the period described in clause (i); and (iii) 30 days before the expiration of the period described in subsection (d)(1). (2) Annual report by director.--The Director shall submit to Congress an annual report on the Program, which shall include, for the year covered by the report-- (A) the number of applications approved; (B) the name and description of each entity that was granted a waiver under the Program; (C) any benefits realized to the public from the Program; and (D) any harms realized to the public from the Program. (i) Special Message to Congress.-- (1) Definition.--In this subsection, the term ``covered resolution'' means a joint resolution-- (A) the matter after the resolving clause of which contains only-- (i) a list of some or all of the covered provisions that were recommended for repeal under paragraph (2)(A)(ii) in a special message submitted to Congress under that paragraph; and (ii) a provision that immediately repeals the listed covered provisions described in paragraph (2)(A)(ii) upon enactment of the joint resolution; and (B) upon which Congress completes action before the end of the first period of 60 calendar days after the date on which the special message described in subparagraph (A)(i) of this paragraph is received by Congress. (2) Submission.-- (A) In general.--Not later than the first day on which both Houses of Congress are in session after May 1 of each year, the Director shall submit to Congress a special message that-- (i) details each covered provision that the Office recommends should be amended or repealed as a result of entities being able to operate safely without those covered provisions during the Program; (ii) lists any covered provision that should be repealed as a result of having been waived for a period of not less than 6 years during the Program; and (iii) explains why each covered provision described in clauses (i) and (ii) should be amended or repealed. (B) Delivery to house and senate; printing.--Each special message submitted under subparagraph (A) shall be-- (i) delivered to the Clerk of the House of Representatives and the Secretary of the Senate; and (ii) printed in the Congressional Record. (3) Procedure in house and senate.-- (A) Referral.--A covered resolution shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be. (B) Discharge of committee.--If the committee to which a covered resolution has been referred has not reported the resolution at the end of 25 calendar days after the introduction of the resolution-- (i) the committee shall be discharged from further consideration of the resolution; and (ii) the resolution shall be placed on the appropriate calendar. (4) Floor consideration in the house.-- (A) Motion to proceed.-- (i) In general.--When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a covered resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. (ii) Privilege.--A motion described in clause (i) shall be highly privileged and not debatable. (iii) No amendment or motion to reconsider.--An amendment to a motion described in clause (i) shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (B) Debate.-- (i) In general.--Debate in the House of Representatives on a covered resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. (ii) No motion to reconsider.--It shall not be in order in the House of Representatives to move to reconsider the vote by which a covered resolution is agreed to or disagreed to. (C) No motion to postpone consideration or proceed to consideration of other business.--In the House of Representatives, motions to postpone, made with respect to the consideration of a covered resolution, and motions to proceed to the consideration of other business, shall not be in order. (D) Appeals from decisions of chair.--An appeal from the decision of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a covered resolution shall be decided without debate. (5) Floor consideration in the senate.-- (A) Motion to proceed.-- (i) In general.--Notwithstanding Rule XXII of the Standing Rules of the Senate, when the committee of the Senate to which a covered resolution is referred has reported, or has been discharged from further consideration of, a covered resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution and all points of order against the covered resolution are waived. (ii) Division of time.--A motion to proceed described in clause (i) is subject to 4 hours of debate divided equally between those favoring and those opposing the covered resolution. (iii) No amendment or motion to postpone or proceed to other business.--A motion to proceed described in clause (i) is not subject to-- (I) amendment; (II) a motion to postpone; or (III) a motion to proceed to the consideration of other business. (B) Floor consideration.-- (i) General.--In the Senate, a covered resolution shall be subject to 10 hours of debate divided equally between those favoring and those opposing the covered resolution. (ii) Amendments.--In the Senate, no amendment to a covered resolution shall be in order, except an amendment that strikes from or adds to the list required under paragraph (1)(A)(i) a covered provision recommended for amendment or repeal by the Office. (iii) Motions and appeals.--In the Senate, a motion to reconsider a vote on final passage of a covered resolution shall not be in order, and points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. (6) Receipt of resolution from other house.--If, before passing a covered resolution, one House receives from the other a covered resolution-- (A) the covered resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day on which it is received; and (B) the procedures set forth in paragraph (4) or (5), as applicable, shall apply in the receiving House to the covered resolution received from the other House to the same extent as those procedures apply to a covered resolution of the receiving House. (7) Rules of the house of representatives and the senate.-- Paragraphs (3) through (7) are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedures to be followed in the House in the case of covered resolutions, and supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (j) Rule of Construction.--Nothing in this section shall be construed to-- (1) require an entity that is granted a waiver under this section to publicly disclose proprietary information, including trade secrets or commercial or financial information that is privileged or confidential; or (2) affect any other provision of law or regulation applicable to an entity that is not included in a waiver provided under this section. (k) Authorization of Appropriations.--There are authorized to be appropriated to the Office to carry out this section an amount that is not more than the amount of funds deposited into the Treasury from the fees collected under subsection (c)(3). <all>

PIONEER Act

A bill to establish a regulatory sandbox program under which agencies may provide waivers of agency rules and guidance, and for other purposes.

PIONEER Act Promoting Innovation and Offering the Needed Escape from Exhaustive Regulations Act

Sen. Lee, Mike

R

UT

This bill establishes a federal regulatory sandbox program to allow businesses to apply for a temporary waiver from a federal regulation, guidance document, or any other document issued by an agency. The bill establishes the Office of Federal Regulatory Relief to administer the program.

2. (2) Agency; rule.--The terms ``agency'' and ``rule'' have the meanings given those terms in section 551 of title 5, United States Code. (3) Applicable agency.--The term ``applicable agency'' means an agency that has jurisdiction over the enforcement or implementation covered provision for which an applicant is seeking a waiver under the Program. (6) Economic damage.--The term ``economic damage'' means a risk that is likely to cause tangible, physical harm to the property or assets of consumers. (7) Health or safety.--The term ``health or safety'', with respect to a risk, means the risk is likely to cause bodily harm to a human life, loss of human life, or an inability to sustain the health or life of a human being. OFFICE OF FEDERAL REGULATORY RELIEF. (C) Conflict of interest.-- (i) In general.--If a member of an advisory board established under subparagraph (A) is also the member of the board of an applicant that submits an application under review by the advisory board, the head of the agency or a designee thereof may appoint a temporary replacement for that member. 4. (II) In part approval by director.--If an applicable agency denies part of an application under subclause (I) but another applicable agency grants part of the application, the Director shall approve the application in part and specify in the final decision which covered provisions are waived. (C) Right to judicial review.--Nothing in this paragraph shall be construed to establish a right to judicial review under this Act. (F) That the offering is a temporary demonstration and may be discontinued at the end of the initial period under subsection (d)(1). (g) Record Keeping.-- (1) In general.--An entity that is granted a waiver under this section shall retain records, documents, and data produced that is directly related to the participation of the entity in the Program. (B) Timing.--An entity shall submit a report required under subparagraph (A)-- (i) 10 days after 30 days elapses from commencement of the period for which a waiver is granted under the Program; (ii) 30 days after the halfway mark of the period described in clause (i); and (iii) 30 days before the expiration of the period described in subsection (d)(1). (B) Debate.-- (i) In general.--Debate in the House of Representatives on a covered resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. (iii) No amendment or motion to postpone or proceed to other business.--A motion to proceed described in clause (i) is not subject to-- (I) amendment; (II) a motion to postpone; or (III) a motion to proceed to the consideration of other business.

2. (2) Agency; rule.--The terms ``agency'' and ``rule'' have the meanings given those terms in section 551 of title 5, United States Code. (3) Applicable agency.--The term ``applicable agency'' means an agency that has jurisdiction over the enforcement or implementation covered provision for which an applicant is seeking a waiver under the Program. (6) Economic damage.--The term ``economic damage'' means a risk that is likely to cause tangible, physical harm to the property or assets of consumers. OFFICE OF FEDERAL REGULATORY RELIEF. (C) Conflict of interest.-- (i) In general.--If a member of an advisory board established under subparagraph (A) is also the member of the board of an applicant that submits an application under review by the advisory board, the head of the agency or a designee thereof may appoint a temporary replacement for that member. 4. (II) In part approval by director.--If an applicable agency denies part of an application under subclause (I) but another applicable agency grants part of the application, the Director shall approve the application in part and specify in the final decision which covered provisions are waived. (C) Right to judicial review.--Nothing in this paragraph shall be construed to establish a right to judicial review under this Act. (F) That the offering is a temporary demonstration and may be discontinued at the end of the initial period under subsection (d)(1). (g) Record Keeping.-- (1) In general.--An entity that is granted a waiver under this section shall retain records, documents, and data produced that is directly related to the participation of the entity in the Program. (B) Debate.-- (i) In general.--Debate in the House of Representatives on a covered resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. (iii) No amendment or motion to postpone or proceed to other business.--A motion to proceed described in clause (i) is not subject to-- (I) amendment; (II) a motion to postpone; or (III) a motion to proceed to the consideration of other business.

2. (2) Agency; rule.--The terms ``agency'' and ``rule'' have the meanings given those terms in section 551 of title 5, United States Code. (3) Applicable agency.--The term ``applicable agency'' means an agency that has jurisdiction over the enforcement or implementation covered provision for which an applicant is seeking a waiver under the Program. (6) Economic damage.--The term ``economic damage'' means a risk that is likely to cause tangible, physical harm to the property or assets of consumers. (7) Health or safety.--The term ``health or safety'', with respect to a risk, means the risk is likely to cause bodily harm to a human life, loss of human life, or an inability to sustain the health or life of a human being. (10) Unfair or deceptive trade practice.--The term ``unfair or deceptive trade practice'' has the meaning given the term in-- (A) the Policy Statement of the Federal Trade Commission on Deception, issued on October 14, 1983; and (B) the Policy Statement of the Federal Trade Commission on Unfairness, issued on December 17, 1980. OFFICE OF FEDERAL REGULATORY RELIEF. (C) Conflict of interest.-- (i) In general.--If a member of an advisory board established under subparagraph (A) is also the member of the board of an applicant that submits an application under review by the advisory board, the head of the agency or a designee thereof may appoint a temporary replacement for that member. SEC. 4. (II) In part approval by director.--If an applicable agency denies part of an application under subclause (I) but another applicable agency grants part of the application, the Director shall approve the application in part and specify in the final decision which covered provisions are waived. (C) Right to judicial review.--Nothing in this paragraph shall be construed to establish a right to judicial review under this Act. (F) That the offering is a temporary demonstration and may be discontinued at the end of the initial period under subsection (d)(1). (g) Record Keeping.-- (1) In general.--An entity that is granted a waiver under this section shall retain records, documents, and data produced that is directly related to the participation of the entity in the Program. (B) Timing.--An entity shall submit a report required under subparagraph (A)-- (i) 10 days after 30 days elapses from commencement of the period for which a waiver is granted under the Program; (ii) 30 days after the halfway mark of the period described in clause (i); and (iii) 30 days before the expiration of the period described in subsection (d)(1). (B) Debate.-- (i) In general.--Debate in the House of Representatives on a covered resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. (iii) No amendment or motion to postpone or proceed to other business.--A motion to proceed described in clause (i) is not subject to-- (I) amendment; (II) a motion to postpone; or (III) a motion to proceed to the consideration of other business. (iii) Motions and appeals.--In the Senate, a motion to reconsider a vote on final passage of a covered resolution shall not be in order, and points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate.

2. (2) Agency; rule.--The terms ``agency'' and ``rule'' have the meanings given those terms in section 551 of title 5, United States Code. (3) Applicable agency.--The term ``applicable agency'' means an agency that has jurisdiction over the enforcement or implementation covered provision for which an applicant is seeking a waiver under the Program. (6) Economic damage.--The term ``economic damage'' means a risk that is likely to cause tangible, physical harm to the property or assets of consumers. (7) Health or safety.--The term ``health or safety'', with respect to a risk, means the risk is likely to cause bodily harm to a human life, loss of human life, or an inability to sustain the health or life of a human being. (10) Unfair or deceptive trade practice.--The term ``unfair or deceptive trade practice'' has the meaning given the term in-- (A) the Policy Statement of the Federal Trade Commission on Deception, issued on October 14, 1983; and (B) the Policy Statement of the Federal Trade Commission on Unfairness, issued on December 17, 1980. OFFICE OF FEDERAL REGULATORY RELIEF. (C) Conflict of interest.-- (i) In general.--If a member of an advisory board established under subparagraph (A) is also the member of the board of an applicant that submits an application under review by the advisory board, the head of the agency or a designee thereof may appoint a temporary replacement for that member. SEC. 4. (c) Application Process for Waivers.-- (1) In general.--The Office shall establish an application process for the waiver of covered provisions, which shall require that an application shall-- (A) confirm that the applicant-- (i) is subject to the jurisdiction of the Federal Government; and (ii) has established or plans to establish a business that is incorporated or has a principal place of business in the United States from which their goods or services are offered from and their required documents and data are maintained; (B) include relevant personal information such as the legal name, address, telephone number, email address, and website address of the applicant; (C) disclose any criminal conviction of the applicant or other participating persons, if applicable; (D) contain a description of the good, service, or project to be offered by the applicant for which the applicant is requesting waiver of a covered provision by the Office under the Program, including-- (i) how the applicant is subject to licensing, prohibitions, or other authorization requirements outside of the Program; (ii) each covered provision that the applicant seeks to have waived during participation in the Program; (iii) how the good, service, or project would benefit consumers; (iv) what likely risks the participation of the applicant in the Program may pose, and how the applicant intends to reasonably mitigate those risks; (v) how participation in the Program would render the offering of the good, service, or project successful; (vi) a description of the plan and estimated time periods for the beginning and end of the offering of the good, service, or project under the Program; (vii) a recognition that the applicant will be subject to all laws and rules after the conclusion of the offering of the good, service, or project under the Program; (viii) how the applicant will end the demonstration of the offering of the good, service, or project under the Program; (ix) how the applicant will repair harm to consumers if the offering of the good, service, or project under the Program fails; and (x) a list of each agency that regulates the business of the applicant; and (E) include any other information as required by the Office. (II) In part approval by director.--If an applicable agency denies part of an application under subclause (I) but another applicable agency grants part of the application, the Director shall approve the application in part and specify in the final decision which covered provisions are waived. (C) Right to judicial review.--Nothing in this paragraph shall be construed to establish a right to judicial review under this Act. (F) That the offering is a temporary demonstration and may be discontinued at the end of the initial period under subsection (d)(1). (g) Record Keeping.-- (1) In general.--An entity that is granted a waiver under this section shall retain records, documents, and data produced that is directly related to the participation of the entity in the Program. (B) Timing.--An entity shall submit a report required under subparagraph (A)-- (i) 10 days after 30 days elapses from commencement of the period for which a waiver is granted under the Program; (ii) 30 days after the halfway mark of the period described in clause (i); and (iii) 30 days before the expiration of the period described in subsection (d)(1). (B) Debate.-- (i) In general.--Debate in the House of Representatives on a covered resolution shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. (iii) No amendment or motion to postpone or proceed to other business.--A motion to proceed described in clause (i) is not subject to-- (I) amendment; (II) a motion to postpone; or (III) a motion to proceed to the consideration of other business. (iii) Motions and appeals.--In the Senate, a motion to reconsider a vote on final passage of a covered resolution shall not be in order, and points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate.

H.R.7332

International Affairs

North Korean Human Rights Reauthorization Act of 2022 This bill reauthorizes through FY2027 various activities to promote human rights in North Korea. These activities include (1) providing grants to nonprofit organizations to promote human rights, democracy, rule of law, and the development of a market economy in North Korea; (2) increasing the availability of sources of information inside North Korea that are not controlled by North Korea's government; and (3) supporting organizations that provide humanitarian assistance to North Koreans who are outside of North Korea without the permission of North Korea's government.

To reauthorize the North Korean Human Rights Act of 2004, 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 ``North Korean Human Rights Reauthorization Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) The North Korean Human Rights Act of 2004 (Public Law 108-333; 22 U.S.C. 7801 et seq.) and subsequent reauthorizations were the product of broad, bipartisan consensus regarding the promotion of human rights, documentation of human rights violations, transparency in the delivery of humanitarian assistance, and the importance of refugee protection. (2) The human rights and humanitarian conditions within the Democratic People's Republic of North Korea (DPRK) remain deplorable and have been intentionally perpetuated against the people of North Korea through policies endorsed and implemented by Kim Jong-Un and the Korean Workers' Party. (3) According to a 2014 report released by the United Nations Commission of Inquiry, between 80,000 and 120,000 children, women, and men are currently being held in political prison camps in North Korea and are subjected to deliberate starvation, forced labor, executions, torture, rape, forced abortion, and infanticide. (4) North Korea continues to hold a number of South Koreans abducted after the signing of the 1953 armistice agreement and refuses to acknowledge the abduction of over 100,000 South Koreans during the Korean war in violation of the Geneva Convention. (5) Human rights violations in North Korea, which include forced starvation, sexual violence against women and children, restrictions on freedom of movement, arbitrary detention, torture, executions, and enforced disappearances, amount to crimes against humanity according to the United Nations Commission of Inquiry (COI) on Human Rights in the DPRK. (6) The effects of the COVID-19 pandemic and the DPRK's strict lockdown of its borders and crackdowns on informal market activities and small entrepreneurship have drastically increased food insecurity for its people and given rise to famine conditions in parts of the country. (7) The DPRK's COVID-19 border lockdown measures also include shoot-to-kill orders that has resulted in the killing of North Koreans attempting to cross the border and at least one South Korean citizen in September 2020. (8) The Government of the People's Republic of China (PRC) is aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees to the DPRK. Upon repatriation, North Koreans are sent to prison camps, harshly interrogated, tortured, or executed. The Government of the People's Republic of China's forcible repatriation of North Korean refugees violates its non-refoulement obligations, under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). (9) The DPRK continues to bar freedom of religion and persecute religious minorities, especially Christians. Eyewitnesses reported that Christians in North Korea have been tortured, forcibly detained, and even executed for possessing a Bible or professing Christianity. (10) Broadcasting operations into the DPRK serve as a critical source of outside news and information for the North Korean people and provides a valuable service for countering propaganda and false narratives. (11) The position of Special Envoy on North Korean Human Rights Issues has been vacant since January 2017, although the President is required to appoint a Senate-confirmed Special Envoy to fill this position in accordance with section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817). SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) promoting information access in North Korea continues to be a successful method of countering DPRK propaganda and the United States Government should continue to support nongovernmental radio broadcasting to North Korea and promote other emerging methods in this space; (2) because refugees among North Koreans fleeing into China face severe punishments upon their forcible return, the United States should urge the Government of the People's Republic of China to-- (A) immediately halt its forcible repatriation of North Koreans who would face persecution or torture upon return; (B) allow the United Nations High Commissioner for Refugees (UNHCR) unimpeded access to North Koreans inside China to determine whether they are refugees and whether they require assistance; (C) fulfill its obligations under the 1951 United Nations Convention Relating to the Status of Refugees, the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1967 Protocol Relating to the Status of Refugees, and the Agreement on the Upgrading of the UNHCR Mission in the People's Republic of China to UNHCR Branch Office in the People's Republic of China (signed December 1, 1995); (D) address the concerns of the United Nations Committee against Torture by incorporating into domestic legislation the principle of non-refoulement; and (E) recognize the legal status of North Korean women who marry or have children with Chinese citizens, and ensure that all such mothers and children are granted resident status and access to education and other public services in accordance with Chinese law and consistent with international standards; (3) the United States Government should continue to promote the effective and transparent delivery and distribution of any humanitarian aid provided in North Korea to ensure it reaches its intended recipients to the point of consumption or utilization by cooperating closely with the Government of the Republic of Korea and international and nongovernmental organizations; (4) the United States currently blocks United States passports from being used to travel to North Korea without a special validation from the Department of State, and the Department of State should continue to take steps to increase public awareness about the risks and dangers of travel by United States citizens to North Korea; (5) the United Nations has a significant role to play in promoting and improving human rights in North Korea and should press for access for the Special Rapporteur on the situation of human rights in North Korea, as well as for the United Nations High Commissioner for Human Rights; (6) the Special Envoy for North Korean Human Rights Issues should be appointed without delay to properly promote and coordinate North Korean human rights and humanitarian issues and to participate in policy planning and implementation with respect to refugee issues; (7) the United States should urge North Korea to repeal the Reactionary Thought and Culture Denunciation Law and other draconian laws, regulations, and decrees as their implementation manifestly violates the rights to freedom of opinion and expression and freedom of thought, conscience, and religion; (8) the United States should urge North Korea to ensure that any restrictions on addressing the COVID-19 pandemic are necessary, proportionate, nondiscriminatory, time-bound, and transparent, and allow international staff to operate inside the DPRK to provide international assistance based on independent needs assessments; (9) the United States should continue to seek cooperation from all foreign governments to allow the UNHCR access to process North Korean refugees overseas for resettlement; and (10) the Secretary of State, through diplomacy by senior officials, including United States ambassadors to Asia-Pacific countries, and in close cooperation with South Korea, should make every effort to promote the protection of North Korean refugees, escapees, and defectors. SEC. 4. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. (a) Conforming Change of Name.--Section 104(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814(a); Public Law 108-333) is amended by striking ``Broadcasting Board of Governors'' each place it appears and inserting ``United States Agency for Global Media''. (b) Extension of Authorization of Appropriations.--Paragraph (1) of section 104(b) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814(b)) is amended by striking ``2022'' and inserting ``2027''. (c) Extension of Implementation Report.--Subsection (c) of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) by striking ``2022'' and inserting ``2027''; and (2) by striking ``section.'' and inserting: ``section, including-- ``(1) an update of the plan required under subparagraph (A) of subsection (a)(7); ``(2) a description of the effectiveness of actions taken pursuant to this section, including data reflecting audience and listenership, device distribution and usage, and technological development and advancement usage; ``(3) the amount of funds expended by the United States Government to carry out this section; and ``(4) other appropriate information necessary to fully inform Congress of efforts related to this section.''. SEC. 5. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. (a) In General.-- Section 201(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831(a)) is amended-- (1) in paragraph (2), by striking ``and'' after the semicolon at the end; (2) in paragraph (3), by striking the period and inserting ``: and''; and (3) by adding at the end the following new paragraph: ``(4) the impacts of the COVID-19 pandemic on the North Korean people across the country and on the distribution of humanitarian assistance inside North Korea.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply beginning with the first report required under section 201(a) of the North Korean Human Rights Act of 2004, as amended by such subsection. SEC. 6. REAUTHORIZATION PROVISIONS. (a) Support for Human Rights and Democracy Programs.--Section 102(b)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7812(b)(1)) is amended by striking ``2022'' and inserting ``2027''. (b) Report by Special Envoy for North Korean Human Rights Issues.-- Section 107(d) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817(d)) is amended by striking ``2022'' and inserting ``2027''. (c) Report on United States Humanitarian Assistance.--Subsection (a) of section 201 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7831) is amended, in the matter preceding paragraph (1), by striking ``2022'' and inserting ``2027''. (d) Assistance Provided Outside of North Korea.--Section 203(c)(1) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833(c)(1)) is amended by striking ``2022'' and inserting ``2027''. (e) Annual Reports.--Section 305(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7845(a)) is amended in the matter preceding paragraph (1) by striking ``2022'' and inserting ``2027''. (f) Special Envoy for North Korean Human Rights Issues.--Section 107 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7817) is amended by adding at the end the following: ``(e) Report on Appointment of Special Envoy.--Not later than 180 days after the date of the enactment of this subsection and annually thereafter through 2027, the Secretary of State shall submit to the appropriate congressional committees a report on efforts being taken to appoint a Special Envoy for North Korean human rights issues so long as such position remains vacant.''. (g) Report on North Korean Prison Camps.--Section 303 of the North Korea Sanctions and Policy Enhancement Act of 2016 (22 U.S.C. 9242) is amended-- (1) in subsection (a), by inserting ``annually through 2027'' before ``submit''; and (2) in subsection (b)-- (A) by striking ``The report'' and inserting ``Each report''; and (B) by striking ``the date of the enactment of this Act'' and inserting ``the date of the enactment of the North Korean Human Rights Reauthorization Act of 2022''. SEC. 7. REPORT BY UNITED STATES AGENCY FOR GLOBAL MEDIA. Not later than 120 days after the date of the enactment of this Act, the Chief Executive Officer of the United States Agency for Global Media shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that-- (1) describes the status of current United States broadcasting to North Korea and the extent to which the Agency has achieved the goal of 12-hour-per-day broadcasting to North Korea, in accordance with section 103(a) of the North Korean Human Rights Act of 2004 (22 U.S.C. 7813(a)); and (2) includes a strategy to overcome obstacles to such broadcasting, including through unrestricted, unmonitored, and inexpensive electronic means. SEC. 8. SENSE OF CONGRESS REGARDING KOREAN-AMERICAN DIVIDED FAMILIES. It is the sense of Congress that-- (1) the United States and North Korea should begin the process of reuniting Korean-American divided family members with their immediate relatives through ways such as-- (A) identifying divided families in the United States and North Korea who are willing and able to participate in a pilot program for family reunions; (B) finding matches for members of such families through organizations such as the Red Cross; and (C) working with the Government of South Korea to include American citizens in inter-Korean video reunions; (2) the institution of family is inalienable and the restoration of contact between divided families whether physically, literarily, or virtually is an urgent need; and (3) the United States and North Korea should pursue reunions as a humanitarian priority of immediate concern. <all>

North Korean Human Rights Reauthorization Act of 2022

To reauthorize the North Korean Human Rights Act of 2004, and for other purposes.

North Korean Human Rights Reauthorization Act of 2022

Rep. Kim, Young

R

CA

This bill reauthorizes through FY2027 various activities to promote human rights in North Korea. These activities include (1) providing grants to nonprofit organizations to promote human rights, democracy, rule of law, and the development of a market economy in North Korea; (2) increasing the availability of sources of information inside North Korea that are not controlled by North Korea's government; and (3) supporting organizations that provide humanitarian assistance to North Koreans who are outside of North Korea without the permission of North Korea's government.

To reauthorize the North Korean Human Rights Act of 2004, and for other purposes. (3) According to a 2014 report released by the United Nations Commission of Inquiry, between 80,000 and 120,000 children, women, and men are currently being held in political prison camps in North Korea and are subjected to deliberate starvation, forced labor, executions, torture, rape, forced abortion, and infanticide. (6) The effects of the COVID-19 pandemic and the DPRK's strict lockdown of its borders and crackdowns on informal market activities and small entrepreneurship have drastically increased food insecurity for its people and given rise to famine conditions in parts of the country. (8) The Government of the People's Republic of China (PRC) is aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees to the DPRK. The Government of the People's Republic of China's forcible repatriation of North Korean refugees violates its non-refoulement obligations, under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). 7817). 3. SENSE OF CONGRESS. 4. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. 7814(a); Public Law 108-333) is amended by striking ``Broadcasting Board of Governors'' each place it appears and inserting ``United States Agency for Global Media''. (c) Extension of Implementation Report.--Subsection (c) of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) by striking ``2022'' and inserting ``2027''; and (2) by striking ``section.'' 5. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. 6. REAUTHORIZATION PROVISIONS. 7817) is amended by adding at the end the following: ``(e) Report on Appointment of Special Envoy.--Not later than 180 days after the date of the enactment of this subsection and annually thereafter through 2027, the Secretary of State shall submit to the appropriate congressional committees a report on efforts being taken to appoint a Special Envoy for North Korean human rights issues so long as such position remains vacant.''. 7. SEC. It is the sense of Congress that-- (1) the United States and North Korea should begin the process of reuniting Korean-American divided family members with their immediate relatives through ways such as-- (A) identifying divided families in the United States and North Korea who are willing and able to participate in a pilot program for family reunions; (B) finding matches for members of such families through organizations such as the Red Cross; and (C) working with the Government of South Korea to include American citizens in inter-Korean video reunions; (2) the institution of family is inalienable and the restoration of contact between divided families whether physically, literarily, or virtually is an urgent need; and (3) the United States and North Korea should pursue reunions as a humanitarian priority of immediate concern.

To reauthorize the North Korean Human Rights Act of 2004, and for other purposes. (8) The Government of the People's Republic of China (PRC) is aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees to the DPRK. The Government of the People's Republic of China's forcible repatriation of North Korean refugees violates its non-refoulement obligations, under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). 7817). 3. SENSE OF CONGRESS. 4. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. (c) Extension of Implementation Report.--Subsection (c) of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) by striking ``2022'' and inserting ``2027''; and (2) by striking ``section.'' 5. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. 6. REAUTHORIZATION PROVISIONS. 7817) is amended by adding at the end the following: ``(e) Report on Appointment of Special Envoy.--Not later than 180 days after the date of the enactment of this subsection and annually thereafter through 2027, the Secretary of State shall submit to the appropriate congressional committees a report on efforts being taken to appoint a Special Envoy for North Korean human rights issues so long as such position remains vacant.''. 7. SEC. It is the sense of Congress that-- (1) the United States and North Korea should begin the process of reuniting Korean-American divided family members with their immediate relatives through ways such as-- (A) identifying divided families in the United States and North Korea who are willing and able to participate in a pilot program for family reunions; (B) finding matches for members of such families through organizations such as the Red Cross; and (C) working with the Government of South Korea to include American citizens in inter-Korean video reunions; (2) the institution of family is inalienable and the restoration of contact between divided families whether physically, literarily, or virtually is an urgent need; and (3) the United States and North Korea should pursue reunions as a humanitarian priority of immediate concern.

To reauthorize the North Korean Human Rights Act of 2004, 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. 7801 et seq.) and subsequent reauthorizations were the product of broad, bipartisan consensus regarding the promotion of human rights, documentation of human rights violations, transparency in the delivery of humanitarian assistance, and the importance of refugee protection. (3) According to a 2014 report released by the United Nations Commission of Inquiry, between 80,000 and 120,000 children, women, and men are currently being held in political prison camps in North Korea and are subjected to deliberate starvation, forced labor, executions, torture, rape, forced abortion, and infanticide. (6) The effects of the COVID-19 pandemic and the DPRK's strict lockdown of its borders and crackdowns on informal market activities and small entrepreneurship have drastically increased food insecurity for its people and given rise to famine conditions in parts of the country. (8) The Government of the People's Republic of China (PRC) is aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees to the DPRK. Upon repatriation, North Koreans are sent to prison camps, harshly interrogated, tortured, or executed. The Government of the People's Republic of China's forcible repatriation of North Korean refugees violates its non-refoulement obligations, under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). (9) The DPRK continues to bar freedom of religion and persecute religious minorities, especially Christians. (10) Broadcasting operations into the DPRK serve as a critical source of outside news and information for the North Korean people and provides a valuable service for countering propaganda and false narratives. 7817). 3. SENSE OF CONGRESS. 4. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. 7814(a); Public Law 108-333) is amended by striking ``Broadcasting Board of Governors'' each place it appears and inserting ``United States Agency for Global Media''. (c) Extension of Implementation Report.--Subsection (c) of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) by striking ``2022'' and inserting ``2027''; and (2) by striking ``section.'' 5. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. 6. REAUTHORIZATION PROVISIONS. 7831) is amended, in the matter preceding paragraph (1), by striking ``2022'' and inserting ``2027''. 7817) is amended by adding at the end the following: ``(e) Report on Appointment of Special Envoy.--Not later than 180 days after the date of the enactment of this subsection and annually thereafter through 2027, the Secretary of State shall submit to the appropriate congressional committees a report on efforts being taken to appoint a Special Envoy for North Korean human rights issues so long as such position remains vacant.''. 7. 7813(a)); and (2) includes a strategy to overcome obstacles to such broadcasting, including through unrestricted, unmonitored, and inexpensive electronic means. SEC. It is the sense of Congress that-- (1) the United States and North Korea should begin the process of reuniting Korean-American divided family members with their immediate relatives through ways such as-- (A) identifying divided families in the United States and North Korea who are willing and able to participate in a pilot program for family reunions; (B) finding matches for members of such families through organizations such as the Red Cross; and (C) working with the Government of South Korea to include American citizens in inter-Korean video reunions; (2) the institution of family is inalienable and the restoration of contact between divided families whether physically, literarily, or virtually is an urgent need; and (3) the United States and North Korea should pursue reunions as a humanitarian priority of immediate concern.

To reauthorize the North Korean Human Rights Act of 2004, 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. 7801 et seq.) and subsequent reauthorizations were the product of broad, bipartisan consensus regarding the promotion of human rights, documentation of human rights violations, transparency in the delivery of humanitarian assistance, and the importance of refugee protection. (3) According to a 2014 report released by the United Nations Commission of Inquiry, between 80,000 and 120,000 children, women, and men are currently being held in political prison camps in North Korea and are subjected to deliberate starvation, forced labor, executions, torture, rape, forced abortion, and infanticide. (6) The effects of the COVID-19 pandemic and the DPRK's strict lockdown of its borders and crackdowns on informal market activities and small entrepreneurship have drastically increased food insecurity for its people and given rise to famine conditions in parts of the country. (8) The Government of the People's Republic of China (PRC) is aiding and abetting in crimes against humanity by forcibly repatriating North Korean refugees to the DPRK. Upon repatriation, North Koreans are sent to prison camps, harshly interrogated, tortured, or executed. The Government of the People's Republic of China's forcible repatriation of North Korean refugees violates its non-refoulement obligations, under the United Nations Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)). (9) The DPRK continues to bar freedom of religion and persecute religious minorities, especially Christians. (10) Broadcasting operations into the DPRK serve as a critical source of outside news and information for the North Korean people and provides a valuable service for countering propaganda and false narratives. 7817). 3. SENSE OF CONGRESS. 4. ACTIONS TO PROMOTE FREEDOM OF INFORMATION. 7814(a); Public Law 108-333) is amended by striking ``Broadcasting Board of Governors'' each place it appears and inserting ``United States Agency for Global Media''. (c) Extension of Implementation Report.--Subsection (c) of section 104 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7814) is amended-- (1) by striking ``2022'' and inserting ``2027''; and (2) by striking ``section.'' 5. REPORT ON UNITED STATES HUMANITARIAN ASSISTANCE. 6. REAUTHORIZATION PROVISIONS. 7831) is amended, in the matter preceding paragraph (1), by striking ``2022'' and inserting ``2027''. 7817) is amended by adding at the end the following: ``(e) Report on Appointment of Special Envoy.--Not later than 180 days after the date of the enactment of this subsection and annually thereafter through 2027, the Secretary of State shall submit to the appropriate congressional committees a report on efforts being taken to appoint a Special Envoy for North Korean human rights issues so long as such position remains vacant.''. 7. 7813(a)); and (2) includes a strategy to overcome obstacles to such broadcasting, including through unrestricted, unmonitored, and inexpensive electronic means. SEC. It is the sense of Congress that-- (1) the United States and North Korea should begin the process of reuniting Korean-American divided family members with their immediate relatives through ways such as-- (A) identifying divided families in the United States and North Korea who are willing and able to participate in a pilot program for family reunions; (B) finding matches for members of such families through organizations such as the Red Cross; and (C) working with the Government of South Korea to include American citizens in inter-Korean video reunions; (2) the institution of family is inalienable and the restoration of contact between divided families whether physically, literarily, or virtually is an urgent need; and (3) the United States and North Korea should pursue reunions as a humanitarian priority of immediate concern.

H.R.4368

Government Operations and Politics

This bill requires the flag of the United States to be flown at half-staff upon the death of the Mayor of the District of Columbia, by order of the President, from the day of death until interment.

To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FLYING FLAG OF UNITED STATES AT HALF-STAFF IN THE EVENT OF THE DEATH OF THE MAYOR OF THE DISTRICT OF COLUMBIA. Section 7(m) of title 4, United States Code, is amended-- (1) in the fourth sentence, by striking ``Government and the Governor of a State, territory, or possession,'' and inserting ``Government, the Governor of a State, territory, or possession, and the Mayor of the District of Columbia,''; and (2) in the eighth sentence, by striking ``or the Governor of a State, territory, or possession;'' and inserting ``, the Governor of a State, territory, or possession, or the Mayor of the District of Columbia;''. <all>

To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia.

To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia.

Official Titles - House of Representatives Official Title as Introduced To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia.

Del. Norton, Eleanor Holmes

D

DC

This bill requires the flag of the United States to be flown at half-staff upon the death of the Mayor of the District of Columbia, by order of the President, from the day of death until interment.

To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FLYING FLAG OF UNITED STATES AT HALF-STAFF IN THE EVENT OF THE DEATH OF THE MAYOR OF THE DISTRICT OF COLUMBIA. Section 7(m) of title 4, United States Code, is amended-- (1) in the fourth sentence, by striking ``Government and the Governor of a State, territory, or possession,'' and inserting ``Government, the Governor of a State, territory, or possession, and the Mayor of the District of Columbia,''; and (2) in the eighth sentence, by striking ``or the Governor of a State, territory, or possession;'' and inserting ``, the Governor of a State, territory, or possession, or the Mayor of the District of Columbia;''. <all>

To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FLYING FLAG OF UNITED STATES AT HALF-STAFF IN THE EVENT OF THE DEATH OF THE MAYOR OF THE DISTRICT OF COLUMBIA. Section 7(m) of title 4, United States Code, is amended-- (1) in the fourth sentence, by striking ``Government and the Governor of a State, territory, or possession,'' and inserting ``Government, the Governor of a State, territory, or possession, and the Mayor of the District of Columbia,''; and (2) in the eighth sentence, by striking ``or the Governor of a State, territory, or possession;'' and inserting ``, the Governor of a State, territory, or possession, or the Mayor of the District of Columbia;''. <all>

To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FLYING FLAG OF UNITED STATES AT HALF-STAFF IN THE EVENT OF THE DEATH OF THE MAYOR OF THE DISTRICT OF COLUMBIA. Section 7(m) of title 4, United States Code, is amended-- (1) in the fourth sentence, by striking ``Government and the Governor of a State, territory, or possession,'' and inserting ``Government, the Governor of a State, territory, or possession, and the Mayor of the District of Columbia,''; and (2) in the eighth sentence, by striking ``or the Governor of a State, territory, or possession;'' and inserting ``, the Governor of a State, territory, or possession, or the Mayor of the District of Columbia;''. <all>

To amend title 4, United States Code, to permit the flag of the United States to be flown at half-staff in the event of the death of the Mayor of the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FLYING FLAG OF UNITED STATES AT HALF-STAFF IN THE EVENT OF THE DEATH OF THE MAYOR OF THE DISTRICT OF COLUMBIA. Section 7(m) of title 4, United States Code, is amended-- (1) in the fourth sentence, by striking ``Government and the Governor of a State, territory, or possession,'' and inserting ``Government, the Governor of a State, territory, or possession, and the Mayor of the District of Columbia,''; and (2) in the eighth sentence, by striking ``or the Governor of a State, territory, or possession;'' and inserting ``, the Governor of a State, territory, or possession, or the Mayor of the District of Columbia;''. <all>

H.R.6109

Taxation

Middle Class Mortgage Insurance Premium Act of 2021 This bill increases the adjusted gross income threshold for the phaseout of the mortgage insurance premium tax deduction and makes such deduction permanent.

To amend the Internal Revenue Code of 1986 to increase the income cap for and make permanent the mortgage insurance premium deduction. 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 ``Middle Class Mortgage Insurance Premium Act of 2021''. SEC. 2. INCREASING THE INCOME CAP FOR AND MAKING PERMANENT THE MORTGAGE INSURANCE PREMIUM DEDUCTION. (a) In General.--(1) Section 163(h)(3)(E) of the Internal Revenue Code of 1986 is amended-- (1) in clause (ii), by striking ``$100,000 ($50,000)'' and inserting ``$200,000 ($100,000)'', and (2) by striking clause (iv). (b) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2021. <all>

Middle Class Mortgage Insurance Premium Act of 2021

To amend the Internal Revenue Code of 1986 to increase the income cap for and make permanent the mortgage insurance premium deduction.

Middle Class Mortgage Insurance Premium Act of 2021

Rep. Kind, Ron

D

WI

This bill increases the adjusted gross income threshold for the phaseout of the mortgage insurance premium tax deduction and makes such deduction permanent.

To amend the Internal Revenue Code of 1986 to increase the income cap for and make permanent the mortgage insurance premium deduction. 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 ``Middle Class Mortgage Insurance Premium Act of 2021''. SEC. 2. INCREASING THE INCOME CAP FOR AND MAKING PERMANENT THE MORTGAGE INSURANCE PREMIUM DEDUCTION. (a) In General.--(1) Section 163(h)(3)(E) of the Internal Revenue Code of 1986 is amended-- (1) in clause (ii), by striking ``$100,000 ($50,000)'' and inserting ``$200,000 ($100,000)'', and (2) by striking clause (iv). (b) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to increase the income cap for and make permanent the mortgage insurance premium deduction. 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 ``Middle Class Mortgage Insurance Premium Act of 2021''. SEC. 2. INCREASING THE INCOME CAP FOR AND MAKING PERMANENT THE MORTGAGE INSURANCE PREMIUM DEDUCTION. (a) In General.--(1) Section 163(h)(3)(E) of the Internal Revenue Code of 1986 is amended-- (1) in clause (ii), by striking ``$100,000 ($50,000)'' and inserting ``$200,000 ($100,000)'', and (2) by striking clause (iv). (b) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to increase the income cap for and make permanent the mortgage insurance premium deduction. 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 ``Middle Class Mortgage Insurance Premium Act of 2021''. SEC. 2. INCREASING THE INCOME CAP FOR AND MAKING PERMANENT THE MORTGAGE INSURANCE PREMIUM DEDUCTION. (a) In General.--(1) Section 163(h)(3)(E) of the Internal Revenue Code of 1986 is amended-- (1) in clause (ii), by striking ``$100,000 ($50,000)'' and inserting ``$200,000 ($100,000)'', and (2) by striking clause (iv). (b) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to increase the income cap for and make permanent the mortgage insurance premium deduction. 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 ``Middle Class Mortgage Insurance Premium Act of 2021''. SEC. 2. INCREASING THE INCOME CAP FOR AND MAKING PERMANENT THE MORTGAGE INSURANCE PREMIUM DEDUCTION. (a) In General.--(1) Section 163(h)(3)(E) of the Internal Revenue Code of 1986 is amended-- (1) in clause (ii), by striking ``$100,000 ($50,000)'' and inserting ``$200,000 ($100,000)'', and (2) by striking clause (iv). (b) Effective Date.--The amendments made by this Act shall apply to taxable years beginning after December 31, 2021. <all>

H.R.3902

Transportation and Public Works

21st Century Aerospace Infrastructure Act of 2021 This bill directs the Department of Transportation (DOT) to establish a pilot program, through FY2023, to issue grants to operators of space launch and reentry sites for projects to construct, repair, maintain, or improve transportation infrastructure and facilities at such sites. Launch site is defined as the location on Earth from which a launch takes place and necessary facilities at that location, and reentry site is defined as the location on Earth to which a reentry vehicle (i.e., spacecraft) is intended to return. Grants issued to an operator may not exceed $2.5 million for a fiscal year. DOT may issue supplemental grants to operators in support of state, local, or private matching under specified conditions.

To amend title 49, United States Code, to establish a pilot program for intermodal transportation infrastructure grants, 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 ``21st Century Aerospace Infrastructure Act of 2021''. SEC. 2. INTERMODAL TRANSPORTATION INFRASTRUCTURE IMPROVEMENT PILOT PROGRAM. (a) In General.--Section 47115 of title 49, United States Code, is amended by adding at the end the following: ``(l) Intermodal Transportation Infrastructure Improvement Pilot Program.-- ``(1) In general.--The Secretary shall establish a pilot program to issue grants to operators of launch and reentry sites for projects to construct, repair, maintain, or improve transportation infrastructure and facilities at such sites. The Secretary may enter into agreements to provide grants under this subsection. ``(2) Pilot program qualifications.--The Secretary may only issue a grant under this subsection to an operator if the operator-- ``(A) has submitted an application to the Secretary in such form, at such time, and containing such information as prescribed by the Secretary; ``(B) demonstrates to the Secretary's satisfaction that the project for which the application has been submitted is for an eligible purpose under paragraph (3); and ``(C) agrees to maintain such records relating to the grant as the Secretary may require and to make such records available to the Secretary or the Comptroller General of the United States upon request. ``(3) Permitted use of pilot program grants.--An operator may use a grant provided under this subsection for a project to construct, repair, maintain, or improve infrastructure and facilities that-- ``(A) are located at, or adjacent to, a launch or reentry site; and ``(B) directly enable or support transportation safety or covered transportation activities. ``(4) Pilot program grants.-- ``(A) Grant formula.--At the beginning of each fiscal year after fiscal year 2021, the Secretary shall issue a grant to an operator that qualifies for the pilot program under paragraph (2) an amount equal to the sum of-- ``(i) $250,000 for each licensed launch or reentry operation conducted from the applicable launch or reentry site or at any adjacent Federal launch range in the previous fiscal year; and ``(ii) $100,000 for each permitted launch or reentry operation conducted from the applicable launch or reentry site or at any adjacent Federal launch range in the previous fiscal year. ``(B) Maximum grant.--Except as provided in paragraph (5)(E), a grant issued to an operator under this subsection shall not exceed $2,500,000 for a fiscal year. ``(C) Adjacency.-- ``(i) In general.--In issuing a grant to an operator under subparagraph (A), the Secretary shall determine whether a launch or reentry site is adjacent to a Federal launch range. ``(ii) Limitation.--Only 1 operator may receive an amount under subparagraph (A) for each licensed or permitted launch or reentry operation described in such subparagraph. ``(iii) Multiple launch or reentry sites operated by 1 operator.--If an operator holds a license to operate more than 1 launch site or more than 1 reentry site that are adjacent to a Federal launch range, the Secretary shall consider such launch or reentry sites as 1 launch or reentry site for purposes of subparagraph (A). ``(5) Supplemental grants in support of state, local, or private matching.-- ``(A) In general.--The Secretary may issue a supplemental grant to an operator, subject to the requirements of this paragraph. ``(B) Dollar-for-dollar matching.--If a qualified entity provides an operator an amount equal to or greater than the amount of a grant provided in a fiscal year under paragraph (4) (for the explicit purpose of matching such grant), the Secretary may issue a supplemental grant to the operator that is equal to 25 percent of such grant in the following fiscal year. ``(C) Additional non-federal matching.--If a qualified entity provides an operator an amount equal to or greater than two times the amount of a grant provided in a fiscal year to the operator under paragraph (4) (for the explicit purpose of matching such grant), the Secretary may issue a supplemental grant to the operator that is equal to 50 percent of such grant in the following fiscal year. ``(D) Supplemental grant limitations.-- ``(i) Match timing.--The Secretary may issue a supplemental grant under subparagraph (B) or (C) only if an amount provided by a qualified entity is provided to the operator in the same fiscal year as the grant issued under paragraph (4). ``(ii) Non-duplication of matching grants.--If the Secretary issues a supplemental grant to the operator of a launch site under subparagraph (C), the Secretary may not issue a supplemental grant under subparagraph (B) to the same operator in the same fiscal year. ``(E) Non-application of grant ceiling.--The limitation on a grant amount under paragraph (4)(B) shall not apply to supplemental grants issued under this paragraph. ``(6) Program administration.-- ``(A) Award timing.--Amounts designated to carry out this section that are not obligated for grants under paragraphs (4) or (5) by July 1 of the fiscal year in which the amounts were made available shall be made available for projects in accordance with subsection (j). ``(B) Grant assurance applicability.--Except as provided in subparagraph (C), a grant issued under this subsection shall not be subject to the conditions of sections 47106 or 47107, including any regulations prescribed thereunder, or any other conditions associated with grants made under this subchapter pursuant to the Secretary's authority under chapter 471 or 475 (excluding section 47112 and 47113). ``(C) Combination with other federal funds.--If an operator combines amounts received under this subsection with Federal funds from any other source (including funds received under chapter 471 and 475), the applicable statutory or regulatory requirements associated with such funds shall apply to the total project being funded and to the funds provided under this subsection. ``(7) Funding.-- ``(A) Pilot program grant funds.--The grants issued under this subsection shall be issued from funds made available under subsection (j)(4). ``(B) Maximum annual limit on pilot program.-- ``(i) In general.--The total amount of all grants issued under this subsection shall not exceed $20,000,000 in any fiscal year. ``(ii) Grant reduction.--In complying with clause (i), the Secretary-- ``(I) may proportionally reduce the amount of, or decline to issue, a supplemental grant under paragraph (5); and ``(II) if the reduction under subclause (I) is insufficient, shall proportionally reduce grants issued under paragraph (4). ``(8) Definitions.--In this subsection, the following definitions apply: ``(A) Covered transportation activity.--The term `covered transportation activity' means the movement of people or property to, from, or within a launch site and the necessary or incidental activities associated with such movement, including through use of-- ``(i) a vehicle; ``(ii) a vessel; ``(iii) a railroad (as defined in section 20102); ``(iv) an aircraft (as defined in section 40102); ``(v) a pipeline facility (as defined in section 60101); or ``(vi) a launch vehicle or reentry vehicle. ``(B) Launch; launch site; launch vehicle; reentry site; reentry vehicle.--The terms `launch', `launch site', `launch vehicle', `reentry site', and `reentry vehicle' have the meanings given those terms in section 50902 of title 51. ``(C) Operator.--The term `operator' means a person licensed by the Secretary to operate a launch or reentry site. ``(D) Qualified entity.--The term `qualified entity' means a State, local, or tribal government or private sector entity, or any combination thereof. ``(9) Pilot program sunset.--This subsection shall cease to be effective on October 1, 2023.''. (b) Conforming Amendment.--Section 47115(j)(4) of title 49, United States Code, is amended by inserting ``and subsection (l)'' after ``this subsection''. <all>

21st Century Aerospace Infrastructure Act of 2021

To amend title 49, United States Code, to establish a pilot program for intermodal transportation infrastructure grants, and for other purposes.

21st Century Aerospace Infrastructure Act of 2021

Rep. Graves, Garret

R

LA

This bill directs the Department of Transportation (DOT) to establish a pilot program, through FY2023, to issue grants to operators of space launch and reentry sites for projects to construct, repair, maintain, or improve transportation infrastructure and facilities at such sites. Launch site is defined as the location on Earth from which a launch takes place and necessary facilities at that location, and reentry site is defined as the location on Earth to which a reentry vehicle (i.e., spacecraft) is intended to return. Grants issued to an operator may not exceed $2.5 million for a fiscal year. DOT may issue supplemental grants to operators in support of state, local, or private matching under specified conditions.

This Act may be cited as the ``21st Century Aerospace Infrastructure Act of 2021''. SEC. 2. INTERMODAL TRANSPORTATION INFRASTRUCTURE IMPROVEMENT PILOT PROGRAM. ``(3) Permitted use of pilot program grants.--An operator may use a grant provided under this subsection for a project to construct, repair, maintain, or improve infrastructure and facilities that-- ``(A) are located at, or adjacent to, a launch or reentry site; and ``(B) directly enable or support transportation safety or covered transportation activities. ``(iii) Multiple launch or reentry sites operated by 1 operator.--If an operator holds a license to operate more than 1 launch site or more than 1 reentry site that are adjacent to a Federal launch range, the Secretary shall consider such launch or reentry sites as 1 launch or reentry site for purposes of subparagraph (A). ``(ii) Non-duplication of matching grants.--If the Secretary issues a supplemental grant to the operator of a launch site under subparagraph (C), the Secretary may not issue a supplemental grant under subparagraph (B) to the same operator in the same fiscal year. ``(E) Non-application of grant ceiling.--The limitation on a grant amount under paragraph (4)(B) shall not apply to supplemental grants issued under this paragraph. ``(B) Grant assurance applicability.--Except as provided in subparagraph (C), a grant issued under this subsection shall not be subject to the conditions of sections 47106 or 47107, including any regulations prescribed thereunder, or any other conditions associated with grants made under this subchapter pursuant to the Secretary's authority under chapter 471 or 475 (excluding section 47112 and 47113). ``(7) Funding.-- ``(A) Pilot program grant funds.--The grants issued under this subsection shall be issued from funds made available under subsection (j)(4). ``(B) Maximum annual limit on pilot program.-- ``(i) In general.--The total amount of all grants issued under this subsection shall not exceed $20,000,000 in any fiscal year. ``(ii) Grant reduction.--In complying with clause (i), the Secretary-- ``(I) may proportionally reduce the amount of, or decline to issue, a supplemental grant under paragraph (5); and ``(II) if the reduction under subclause (I) is insufficient, shall proportionally reduce grants issued under paragraph (4). ``(B) Launch; launch site; launch vehicle; reentry site; reentry vehicle.--The terms `launch', `launch site', `launch vehicle', `reentry site', and `reentry vehicle' have the meanings given those terms in section 50902 of title 51. ``(D) Qualified entity.--The term `qualified entity' means a State, local, or tribal government or private sector entity, or any combination thereof. (b) Conforming Amendment.--Section 47115(j)(4) of title 49, United States Code, is amended by inserting ``and subsection (l)'' after ``this subsection''.

This Act may be cited as the ``21st Century Aerospace Infrastructure Act of 2021''. SEC. 2. INTERMODAL TRANSPORTATION INFRASTRUCTURE IMPROVEMENT PILOT PROGRAM. ``(3) Permitted use of pilot program grants.--An operator may use a grant provided under this subsection for a project to construct, repair, maintain, or improve infrastructure and facilities that-- ``(A) are located at, or adjacent to, a launch or reentry site; and ``(B) directly enable or support transportation safety or covered transportation activities. ``(iii) Multiple launch or reentry sites operated by 1 operator.--If an operator holds a license to operate more than 1 launch site or more than 1 reentry site that are adjacent to a Federal launch range, the Secretary shall consider such launch or reentry sites as 1 launch or reentry site for purposes of subparagraph (A). ``(ii) Non-duplication of matching grants.--If the Secretary issues a supplemental grant to the operator of a launch site under subparagraph (C), the Secretary may not issue a supplemental grant under subparagraph (B) to the same operator in the same fiscal year. ``(E) Non-application of grant ceiling.--The limitation on a grant amount under paragraph (4)(B) shall not apply to supplemental grants issued under this paragraph. ``(7) Funding.-- ``(A) Pilot program grant funds.--The grants issued under this subsection shall be issued from funds made available under subsection (j)(4). ``(B) Maximum annual limit on pilot program.-- ``(i) In general.--The total amount of all grants issued under this subsection shall not exceed $20,000,000 in any fiscal year. ``(B) Launch; launch site; launch vehicle; reentry site; reentry vehicle.--The terms `launch', `launch site', `launch vehicle', `reentry site', and `reentry vehicle' have the meanings given those terms in section 50902 of title 51. ``(D) Qualified entity.--The term `qualified entity' means a State, local, or tribal government or private sector entity, or any combination thereof. (b) Conforming Amendment.--Section 47115(j)(4) of title 49, United States Code, is amended by inserting ``and subsection (l)'' after ``this subsection''.

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 ``21st Century Aerospace Infrastructure Act of 2021''. SEC. 2. INTERMODAL TRANSPORTATION INFRASTRUCTURE IMPROVEMENT PILOT PROGRAM. ``(3) Permitted use of pilot program grants.--An operator may use a grant provided under this subsection for a project to construct, repair, maintain, or improve infrastructure and facilities that-- ``(A) are located at, or adjacent to, a launch or reentry site; and ``(B) directly enable or support transportation safety or covered transportation activities. ``(ii) Limitation.--Only 1 operator may receive an amount under subparagraph (A) for each licensed or permitted launch or reentry operation described in such subparagraph. ``(iii) Multiple launch or reentry sites operated by 1 operator.--If an operator holds a license to operate more than 1 launch site or more than 1 reentry site that are adjacent to a Federal launch range, the Secretary shall consider such launch or reentry sites as 1 launch or reentry site for purposes of subparagraph (A). ``(B) Dollar-for-dollar matching.--If a qualified entity provides an operator an amount equal to or greater than the amount of a grant provided in a fiscal year under paragraph (4) (for the explicit purpose of matching such grant), the Secretary may issue a supplemental grant to the operator that is equal to 25 percent of such grant in the following fiscal year. ``(ii) Non-duplication of matching grants.--If the Secretary issues a supplemental grant to the operator of a launch site under subparagraph (C), the Secretary may not issue a supplemental grant under subparagraph (B) to the same operator in the same fiscal year. ``(E) Non-application of grant ceiling.--The limitation on a grant amount under paragraph (4)(B) shall not apply to supplemental grants issued under this paragraph. ``(B) Grant assurance applicability.--Except as provided in subparagraph (C), a grant issued under this subsection shall not be subject to the conditions of sections 47106 or 47107, including any regulations prescribed thereunder, or any other conditions associated with grants made under this subchapter pursuant to the Secretary's authority under chapter 471 or 475 (excluding section 47112 and 47113). ``(7) Funding.-- ``(A) Pilot program grant funds.--The grants issued under this subsection shall be issued from funds made available under subsection (j)(4). ``(B) Maximum annual limit on pilot program.-- ``(i) In general.--The total amount of all grants issued under this subsection shall not exceed $20,000,000 in any fiscal year. ``(ii) Grant reduction.--In complying with clause (i), the Secretary-- ``(I) may proportionally reduce the amount of, or decline to issue, a supplemental grant under paragraph (5); and ``(II) if the reduction under subclause (I) is insufficient, shall proportionally reduce grants issued under paragraph (4). ``(8) Definitions.--In this subsection, the following definitions apply: ``(A) Covered transportation activity.--The term `covered transportation activity' means the movement of people or property to, from, or within a launch site and the necessary or incidental activities associated with such movement, including through use of-- ``(i) a vehicle; ``(ii) a vessel; ``(iii) a railroad (as defined in section 20102); ``(iv) an aircraft (as defined in section 40102); ``(v) a pipeline facility (as defined in section 60101); or ``(vi) a launch vehicle or reentry vehicle. ``(B) Launch; launch site; launch vehicle; reentry site; reentry vehicle.--The terms `launch', `launch site', `launch vehicle', `reentry site', and `reentry vehicle' have the meanings given those terms in section 50902 of title 51. ``(D) Qualified entity.--The term `qualified entity' means a State, local, or tribal government or private sector entity, or any combination thereof. ``(9) Pilot program sunset.--This subsection shall cease to be effective on October 1, 2023.''. (b) Conforming Amendment.--Section 47115(j)(4) of title 49, United States Code, is amended by inserting ``and subsection (l)'' after ``this subsection''.

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 ``21st Century Aerospace Infrastructure Act of 2021''. SEC. 2. INTERMODAL TRANSPORTATION INFRASTRUCTURE IMPROVEMENT PILOT PROGRAM. The Secretary may enter into agreements to provide grants under this subsection. ``(2) Pilot program qualifications.--The Secretary may only issue a grant under this subsection to an operator if the operator-- ``(A) has submitted an application to the Secretary in such form, at such time, and containing such information as prescribed by the Secretary; ``(B) demonstrates to the Secretary's satisfaction that the project for which the application has been submitted is for an eligible purpose under paragraph (3); and ``(C) agrees to maintain such records relating to the grant as the Secretary may require and to make such records available to the Secretary or the Comptroller General of the United States upon request. ``(3) Permitted use of pilot program grants.--An operator may use a grant provided under this subsection for a project to construct, repair, maintain, or improve infrastructure and facilities that-- ``(A) are located at, or adjacent to, a launch or reentry site; and ``(B) directly enable or support transportation safety or covered transportation activities. ``(4) Pilot program grants.-- ``(A) Grant formula.--At the beginning of each fiscal year after fiscal year 2021, the Secretary shall issue a grant to an operator that qualifies for the pilot program under paragraph (2) an amount equal to the sum of-- ``(i) $250,000 for each licensed launch or reentry operation conducted from the applicable launch or reentry site or at any adjacent Federal launch range in the previous fiscal year; and ``(ii) $100,000 for each permitted launch or reentry operation conducted from the applicable launch or reentry site or at any adjacent Federal launch range in the previous fiscal year. ``(ii) Limitation.--Only 1 operator may receive an amount under subparagraph (A) for each licensed or permitted launch or reentry operation described in such subparagraph. ``(iii) Multiple launch or reentry sites operated by 1 operator.--If an operator holds a license to operate more than 1 launch site or more than 1 reentry site that are adjacent to a Federal launch range, the Secretary shall consider such launch or reentry sites as 1 launch or reentry site for purposes of subparagraph (A). ``(B) Dollar-for-dollar matching.--If a qualified entity provides an operator an amount equal to or greater than the amount of a grant provided in a fiscal year under paragraph (4) (for the explicit purpose of matching such grant), the Secretary may issue a supplemental grant to the operator that is equal to 25 percent of such grant in the following fiscal year. ``(ii) Non-duplication of matching grants.--If the Secretary issues a supplemental grant to the operator of a launch site under subparagraph (C), the Secretary may not issue a supplemental grant under subparagraph (B) to the same operator in the same fiscal year. ``(E) Non-application of grant ceiling.--The limitation on a grant amount under paragraph (4)(B) shall not apply to supplemental grants issued under this paragraph. ``(6) Program administration.-- ``(A) Award timing.--Amounts designated to carry out this section that are not obligated for grants under paragraphs (4) or (5) by July 1 of the fiscal year in which the amounts were made available shall be made available for projects in accordance with subsection (j). ``(B) Grant assurance applicability.--Except as provided in subparagraph (C), a grant issued under this subsection shall not be subject to the conditions of sections 47106 or 47107, including any regulations prescribed thereunder, or any other conditions associated with grants made under this subchapter pursuant to the Secretary's authority under chapter 471 or 475 (excluding section 47112 and 47113). ``(C) Combination with other federal funds.--If an operator combines amounts received under this subsection with Federal funds from any other source (including funds received under chapter 471 and 475), the applicable statutory or regulatory requirements associated with such funds shall apply to the total project being funded and to the funds provided under this subsection. ``(7) Funding.-- ``(A) Pilot program grant funds.--The grants issued under this subsection shall be issued from funds made available under subsection (j)(4). ``(B) Maximum annual limit on pilot program.-- ``(i) In general.--The total amount of all grants issued under this subsection shall not exceed $20,000,000 in any fiscal year. ``(ii) Grant reduction.--In complying with clause (i), the Secretary-- ``(I) may proportionally reduce the amount of, or decline to issue, a supplemental grant under paragraph (5); and ``(II) if the reduction under subclause (I) is insufficient, shall proportionally reduce grants issued under paragraph (4). ``(8) Definitions.--In this subsection, the following definitions apply: ``(A) Covered transportation activity.--The term `covered transportation activity' means the movement of people or property to, from, or within a launch site and the necessary or incidental activities associated with such movement, including through use of-- ``(i) a vehicle; ``(ii) a vessel; ``(iii) a railroad (as defined in section 20102); ``(iv) an aircraft (as defined in section 40102); ``(v) a pipeline facility (as defined in section 60101); or ``(vi) a launch vehicle or reentry vehicle. ``(B) Launch; launch site; launch vehicle; reentry site; reentry vehicle.--The terms `launch', `launch site', `launch vehicle', `reentry site', and `reentry vehicle' have the meanings given those terms in section 50902 of title 51. ``(D) Qualified entity.--The term `qualified entity' means a State, local, or tribal government or private sector entity, or any combination thereof. ``(9) Pilot program sunset.--This subsection shall cease to be effective on October 1, 2023.''. (b) Conforming Amendment.--Section 47115(j)(4) of title 49, United States Code, is amended by inserting ``and subsection (l)'' after ``this subsection''.

S.4877

Public Lands and Natural Resources

Civilian Conservation Center Enhancement Act of 2022 This bill authorizes various activities in connection with Civilian Conservation Centers. For example, the Departments of Agriculture and of the Interior shall offer at Civilian Conservation Centers specialized training programs focused on (1) forestry and rangeland management, (2) wildland firefighting, or (3) any other topic related to the mission of the Forest Service or Interior or the public interest.

To amend Public Law 91-378 to authorize activities relating to Civilian Conservation Centers, 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 ``Civilian Conservation Center Enhancement Act of 2022''. SEC. 2. CIVILIAN CONSERVATION CENTERS. Public Law 91-378 (16 U.S.C. 1701 et seq.) is amended by adding at the end the following: ``TITLE III--CIVILIAN CONSERVATION CENTERS ``SEC. 301. DEFINITIONS. ``In this title: ``(1) Civilian conservation center.--The term `Civilian Conservation Center' means any residential workforce development or training facility for disadvantaged youth operated by the Department of the Interior or the Department of Agriculture on Federal land. ``(2) Covered graduate.--The term `covered graduate' means an individual who successfully completed a training program at a Civilian Conservation Center. ``(3) Covered student.--The term `covered student' means an individual who is enrolled in a training program at a Civilian Conservation Center. ``(4) Secretaries.--The term `Secretaries' means-- ``(A) the Secretary of Agriculture; and ``(B) the Secretary of the Interior. ``SEC. 302. CIVILIAN CONSERVATION CENTERS WILDFIRE AND CONSERVATION TRAINING PROGRAM. ``(a) Specialized Training Programs.--The Secretaries, in coordination with the Secretary of Labor, shall offer at Civilian Conservation Centers specialized training programs focused on-- ``(1) forestry and rangeland management; ``(2) wildland firefighting; or ``(3) any other topic relating to the mission of the Forest Service or the Department of the Interior or the public interest. ``(b) Prioritization.--The Secretaries shall prioritize offering specialized training programs under subsection (a) at facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)). ``SEC. 303. WILDLAND FIREFIGHTING WORKFORCE DEVELOPMENT PILOT. ``(a) In General.-- ``(1) Experiment, research, or demonstration pilots.--The Secretaries, in coordination with the Secretary of Labor, may carry out experimental, research, or demonstration pilots to provide career and technical education curricula and course offerings to advance the missions of the Department of the Interior and the Department of Agriculture at Civilian Conservation Centers, including facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)), on Federal land west of the 100th meridian. ``(2) Curricula and courses.--Curricula and courses described in paragraph (1) include-- ``(A) incident management and emergency response logistics; ``(B) disaster response; ``(C) forest products measurement; ``(D) timber sale administration and preparation; ``(E) heavy equipment operation; ``(F) equipment and mechanical services; ``(G) industrial electrical; ``(H) machining; ``(I) mill operations; ``(J) forest restoration; ``(K) habitat and water quality monitoring; ``(L) watershed and habitat enhancement; ``(M) range management; ``(N) recreation access improvement; ``(O) visitor services; and ``(P) historic preservation. ``(b) Requirements.--In carrying out subsection (a), the Secretaries shall-- ``(1) identify workforce needs in public land agencies, forest, conservation, and recreation industries, and rural communities, after consulting with State governments and agencies, Federal emergency management and public land agencies, local communities, and Indian Tribes; ``(2) develop marketing and recruitment materials for the curricula and courses offerings provided under subsection (a); and ``(3) provide specialized staff necessary to teach curricula and courses offerings provided under subsection (a), to the extent practicable. ``SEC. 304. WILDLAND FIREFIGHTING WORKFORCE ENHANCEMENT. ``(a) Recruitment Goals and Investments.-- ``(1) Recruitment goal.--The Secretaries-- ``(A) shall each set a goal of hiring 300 covered graduates annually to contribute to wildland firefighting or other critical workforce needs; and ``(B) may make investments to support the recruitment, training, hiring, and retention of covered graduates. ``(2) Signing bonus.--The Secretaries may provide for a signing bonus to enable the successful employment and transition of covered graduates, including for the purpose of securing housing in rural and remote communities. ``(b) Direct Hire Authority.--For fiscal year 2023 and each fiscal year thereafter, the Secretaries may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a covered graduate directly to a position for which the covered graduate meets Office of Personnel Management qualification standards. ``(c) Pathways to Employment.--The Secretaries shall ensure that appropriate career pathways are developed for covered graduates of relevant Civilian Conservation Center training programs. ``(d) Disadvantaged Youth Employment.--Notwithstanding any other provision of law, the Secretaries may employ or otherwise contract with covered students at regular rates of pay for necessary hours of work. ``SEC. 305. WILDLAND FIREFIGHTING HOUSING PILOT PROGRAM. ``(a) In General.--The Secretaries shall establish a pilot program to employ covered students to improve and expand the housing stock owned by the Federal Government for the purpose of housing wildland firefighters and other agency employees. ``(b) Requirements.--In carrying out the pilot program under subsection (a), the Secretaries shall-- ``(1) identify properties currently owned by the Federal Government that would be appropriate housing for wildland firefighters and other agency employees; ``(2) identify areas where the construction of new housing described in paragraph (1) would be appropriate and sustainable; and ``(3) submit to Congress a prioritized list of projects for renovation with a plan for how the Secretaries will employ covered students to repair, renovate, and remediate the properties identified under paragraph (1). ``SEC. 306. REPORT. ``Not later than 1 year after the date of enactment of this title, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report-- ``(1) describing underutilized capacity at Civilian Conservation Centers, based on an assessment conducted by the Secretaries; and ``(2) identifying the investments, improvements, and efficiencies necessary to utilize the full capacity of Civilian Conservation Centers.''. <all>

Civilian Conservation Center Enhancement Act of 2022

A bill to amend Public Law 91-378 to authorize activities relating to Civilian Conservation Centers, and for other purposes.

Civilian Conservation Center Enhancement Act of 2022

Sen. Merkley, Jeff

D

OR

This bill authorizes various activities in connection with Civilian Conservation Centers. For example, the Departments of Agriculture and of the Interior shall offer at Civilian Conservation Centers specialized training programs focused on (1) forestry and rangeland management, (2) wildland firefighting, or (3) any other topic related to the mission of the Forest Service or Interior or the public interest.

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 ``Civilian Conservation Center Enhancement Act of 2022''. SEC. 2. CIVILIAN CONSERVATION CENTERS. Public Law 91-378 (16 U.S.C. 1701 et seq.) 301. DEFINITIONS. ``(4) Secretaries.--The term `Secretaries' means-- ``(A) the Secretary of Agriculture; and ``(B) the Secretary of the Interior. 302. 3197(d)). 303. ``(a) In General.-- ``(1) Experiment, research, or demonstration pilots.--The Secretaries, in coordination with the Secretary of Labor, may carry out experimental, research, or demonstration pilots to provide career and technical education curricula and course offerings to advance the missions of the Department of the Interior and the Department of Agriculture at Civilian Conservation Centers, including facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(2) Curricula and courses.--Curricula and courses described in paragraph (1) include-- ``(A) incident management and emergency response logistics; ``(B) disaster response; ``(C) forest products measurement; ``(D) timber sale administration and preparation; ``(E) heavy equipment operation; ``(F) equipment and mechanical services; ``(G) industrial electrical; ``(H) machining; ``(I) mill operations; ``(J) forest restoration; ``(K) habitat and water quality monitoring; ``(L) watershed and habitat enhancement; ``(M) range management; ``(N) recreation access improvement; ``(O) visitor services; and ``(P) historic preservation. ``(b) Requirements.--In carrying out subsection (a), the Secretaries shall-- ``(1) identify workforce needs in public land agencies, forest, conservation, and recreation industries, and rural communities, after consulting with State governments and agencies, Federal emergency management and public land agencies, local communities, and Indian Tribes; ``(2) develop marketing and recruitment materials for the curricula and courses offerings provided under subsection (a); and ``(3) provide specialized staff necessary to teach curricula and courses offerings provided under subsection (a), to the extent practicable. 304. ``(a) Recruitment Goals and Investments.-- ``(1) Recruitment goal.--The Secretaries-- ``(A) shall each set a goal of hiring 300 covered graduates annually to contribute to wildland firefighting or other critical workforce needs; and ``(B) may make investments to support the recruitment, training, hiring, and retention of covered graduates. ``(2) Signing bonus.--The Secretaries may provide for a signing bonus to enable the successful employment and transition of covered graduates, including for the purpose of securing housing in rural and remote communities. ``(b) Direct Hire Authority.--For fiscal year 2023 and each fiscal year thereafter, the Secretaries may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a covered graduate directly to a position for which the covered graduate meets Office of Personnel Management qualification standards. ``(d) Disadvantaged Youth Employment.--Notwithstanding any other provision of law, the Secretaries may employ or otherwise contract with covered students at regular rates of pay for necessary hours of work. 305. WILDLAND FIREFIGHTING HOUSING PILOT PROGRAM. 306. REPORT.

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 ``Civilian Conservation Center Enhancement Act of 2022''. SEC. 2. CIVILIAN CONSERVATION CENTERS. Public Law 91-378 (16 U.S.C. 1701 et seq.) 301. DEFINITIONS. ``(4) Secretaries.--The term `Secretaries' means-- ``(A) the Secretary of Agriculture; and ``(B) the Secretary of the Interior. 302. 3197(d)). 303. ``(a) In General.-- ``(1) Experiment, research, or demonstration pilots.--The Secretaries, in coordination with the Secretary of Labor, may carry out experimental, research, or demonstration pilots to provide career and technical education curricula and course offerings to advance the missions of the Department of the Interior and the Department of Agriculture at Civilian Conservation Centers, including facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(b) Requirements.--In carrying out subsection (a), the Secretaries shall-- ``(1) identify workforce needs in public land agencies, forest, conservation, and recreation industries, and rural communities, after consulting with State governments and agencies, Federal emergency management and public land agencies, local communities, and Indian Tribes; ``(2) develop marketing and recruitment materials for the curricula and courses offerings provided under subsection (a); and ``(3) provide specialized staff necessary to teach curricula and courses offerings provided under subsection (a), to the extent practicable. 304. ``(a) Recruitment Goals and Investments.-- ``(1) Recruitment goal.--The Secretaries-- ``(A) shall each set a goal of hiring 300 covered graduates annually to contribute to wildland firefighting or other critical workforce needs; and ``(B) may make investments to support the recruitment, training, hiring, and retention of covered graduates. ``(d) Disadvantaged Youth Employment.--Notwithstanding any other provision of law, the Secretaries may employ or otherwise contract with covered students at regular rates of pay for necessary hours of work. 305. WILDLAND FIREFIGHTING HOUSING PILOT PROGRAM. 306. REPORT.

To amend Public Law 91-378 to authorize activities relating to Civilian Conservation Centers, 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 ``Civilian Conservation Center Enhancement Act of 2022''. SEC. 2. CIVILIAN CONSERVATION CENTERS. Public Law 91-378 (16 U.S.C. 1701 et seq.) is amended by adding at the end the following: ``TITLE III--CIVILIAN CONSERVATION CENTERS ``SEC. 301. DEFINITIONS. ``(2) Covered graduate.--The term `covered graduate' means an individual who successfully completed a training program at a Civilian Conservation Center. ``(4) Secretaries.--The term `Secretaries' means-- ``(A) the Secretary of Agriculture; and ``(B) the Secretary of the Interior. 302. 3197(d)). 303. WILDLAND FIREFIGHTING WORKFORCE DEVELOPMENT PILOT. ``(a) In General.-- ``(1) Experiment, research, or demonstration pilots.--The Secretaries, in coordination with the Secretary of Labor, may carry out experimental, research, or demonstration pilots to provide career and technical education curricula and course offerings to advance the missions of the Department of the Interior and the Department of Agriculture at Civilian Conservation Centers, including facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)), on Federal land west of the 100th meridian. ``(2) Curricula and courses.--Curricula and courses described in paragraph (1) include-- ``(A) incident management and emergency response logistics; ``(B) disaster response; ``(C) forest products measurement; ``(D) timber sale administration and preparation; ``(E) heavy equipment operation; ``(F) equipment and mechanical services; ``(G) industrial electrical; ``(H) machining; ``(I) mill operations; ``(J) forest restoration; ``(K) habitat and water quality monitoring; ``(L) watershed and habitat enhancement; ``(M) range management; ``(N) recreation access improvement; ``(O) visitor services; and ``(P) historic preservation. ``(b) Requirements.--In carrying out subsection (a), the Secretaries shall-- ``(1) identify workforce needs in public land agencies, forest, conservation, and recreation industries, and rural communities, after consulting with State governments and agencies, Federal emergency management and public land agencies, local communities, and Indian Tribes; ``(2) develop marketing and recruitment materials for the curricula and courses offerings provided under subsection (a); and ``(3) provide specialized staff necessary to teach curricula and courses offerings provided under subsection (a), to the extent practicable. 304. ``(a) Recruitment Goals and Investments.-- ``(1) Recruitment goal.--The Secretaries-- ``(A) shall each set a goal of hiring 300 covered graduates annually to contribute to wildland firefighting or other critical workforce needs; and ``(B) may make investments to support the recruitment, training, hiring, and retention of covered graduates. ``(2) Signing bonus.--The Secretaries may provide for a signing bonus to enable the successful employment and transition of covered graduates, including for the purpose of securing housing in rural and remote communities. ``(b) Direct Hire Authority.--For fiscal year 2023 and each fiscal year thereafter, the Secretaries may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a covered graduate directly to a position for which the covered graduate meets Office of Personnel Management qualification standards. ``(c) Pathways to Employment.--The Secretaries shall ensure that appropriate career pathways are developed for covered graduates of relevant Civilian Conservation Center training programs. ``(d) Disadvantaged Youth Employment.--Notwithstanding any other provision of law, the Secretaries may employ or otherwise contract with covered students at regular rates of pay for necessary hours of work. 305. WILDLAND FIREFIGHTING HOUSING PILOT PROGRAM. ``(b) Requirements.--In carrying out the pilot program under subsection (a), the Secretaries shall-- ``(1) identify properties currently owned by the Federal Government that would be appropriate housing for wildland firefighters and other agency employees; ``(2) identify areas where the construction of new housing described in paragraph (1) would be appropriate and sustainable; and ``(3) submit to Congress a prioritized list of projects for renovation with a plan for how the Secretaries will employ covered students to repair, renovate, and remediate the properties identified under paragraph (1). 306. REPORT. ``Not later than 1 year after the date of enactment of this title, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report-- ``(1) describing underutilized capacity at Civilian Conservation Centers, based on an assessment conducted by the Secretaries; and ``(2) identifying the investments, improvements, and efficiencies necessary to utilize the full capacity of Civilian Conservation Centers.''.

To amend Public Law 91-378 to authorize activities relating to Civilian Conservation Centers, 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 ``Civilian Conservation Center Enhancement Act of 2022''. SEC. 2. CIVILIAN CONSERVATION CENTERS. Public Law 91-378 (16 U.S.C. 1701 et seq.) is amended by adding at the end the following: ``TITLE III--CIVILIAN CONSERVATION CENTERS ``SEC. 301. DEFINITIONS. ``In this title: ``(1) Civilian conservation center.--The term `Civilian Conservation Center' means any residential workforce development or training facility for disadvantaged youth operated by the Department of the Interior or the Department of Agriculture on Federal land. ``(2) Covered graduate.--The term `covered graduate' means an individual who successfully completed a training program at a Civilian Conservation Center. ``(3) Covered student.--The term `covered student' means an individual who is enrolled in a training program at a Civilian Conservation Center. ``(4) Secretaries.--The term `Secretaries' means-- ``(A) the Secretary of Agriculture; and ``(B) the Secretary of the Interior. ``SEC. 302. CIVILIAN CONSERVATION CENTERS WILDFIRE AND CONSERVATION TRAINING PROGRAM. ``(a) Specialized Training Programs.--The Secretaries, in coordination with the Secretary of Labor, shall offer at Civilian Conservation Centers specialized training programs focused on-- ``(1) forestry and rangeland management; ``(2) wildland firefighting; or ``(3) any other topic relating to the mission of the Forest Service or the Department of the Interior or the public interest. ``(b) Prioritization.--The Secretaries shall prioritize offering specialized training programs under subsection (a) at facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)). ``SEC. 303. WILDLAND FIREFIGHTING WORKFORCE DEVELOPMENT PILOT. ``(a) In General.-- ``(1) Experiment, research, or demonstration pilots.--The Secretaries, in coordination with the Secretary of Labor, may carry out experimental, research, or demonstration pilots to provide career and technical education curricula and course offerings to advance the missions of the Department of the Interior and the Department of Agriculture at Civilian Conservation Centers, including facilities described in section 147(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(d)), on Federal land west of the 100th meridian. ``(2) Curricula and courses.--Curricula and courses described in paragraph (1) include-- ``(A) incident management and emergency response logistics; ``(B) disaster response; ``(C) forest products measurement; ``(D) timber sale administration and preparation; ``(E) heavy equipment operation; ``(F) equipment and mechanical services; ``(G) industrial electrical; ``(H) machining; ``(I) mill operations; ``(J) forest restoration; ``(K) habitat and water quality monitoring; ``(L) watershed and habitat enhancement; ``(M) range management; ``(N) recreation access improvement; ``(O) visitor services; and ``(P) historic preservation. ``(b) Requirements.--In carrying out subsection (a), the Secretaries shall-- ``(1) identify workforce needs in public land agencies, forest, conservation, and recreation industries, and rural communities, after consulting with State governments and agencies, Federal emergency management and public land agencies, local communities, and Indian Tribes; ``(2) develop marketing and recruitment materials for the curricula and courses offerings provided under subsection (a); and ``(3) provide specialized staff necessary to teach curricula and courses offerings provided under subsection (a), to the extent practicable. ``SEC. 304. WILDLAND FIREFIGHTING WORKFORCE ENHANCEMENT. ``(a) Recruitment Goals and Investments.-- ``(1) Recruitment goal.--The Secretaries-- ``(A) shall each set a goal of hiring 300 covered graduates annually to contribute to wildland firefighting or other critical workforce needs; and ``(B) may make investments to support the recruitment, training, hiring, and retention of covered graduates. ``(2) Signing bonus.--The Secretaries may provide for a signing bonus to enable the successful employment and transition of covered graduates, including for the purpose of securing housing in rural and remote communities. ``(b) Direct Hire Authority.--For fiscal year 2023 and each fiscal year thereafter, the Secretaries may appoint, without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code, other than sections 3303 and 3328 of that title, a covered graduate directly to a position for which the covered graduate meets Office of Personnel Management qualification standards. ``(c) Pathways to Employment.--The Secretaries shall ensure that appropriate career pathways are developed for covered graduates of relevant Civilian Conservation Center training programs. ``(d) Disadvantaged Youth Employment.--Notwithstanding any other provision of law, the Secretaries may employ or otherwise contract with covered students at regular rates of pay for necessary hours of work. ``SEC. 305. WILDLAND FIREFIGHTING HOUSING PILOT PROGRAM. ``(a) In General.--The Secretaries shall establish a pilot program to employ covered students to improve and expand the housing stock owned by the Federal Government for the purpose of housing wildland firefighters and other agency employees. ``(b) Requirements.--In carrying out the pilot program under subsection (a), the Secretaries shall-- ``(1) identify properties currently owned by the Federal Government that would be appropriate housing for wildland firefighters and other agency employees; ``(2) identify areas where the construction of new housing described in paragraph (1) would be appropriate and sustainable; and ``(3) submit to Congress a prioritized list of projects for renovation with a plan for how the Secretaries will employ covered students to repair, renovate, and remediate the properties identified under paragraph (1). ``SEC. 306. REPORT. ``Not later than 1 year after the date of enactment of this title, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report-- ``(1) describing underutilized capacity at Civilian Conservation Centers, based on an assessment conducted by the Secretaries; and ``(2) identifying the investments, improvements, and efficiencies necessary to utilize the full capacity of Civilian Conservation Centers.''. <all>

H.R.447

Labor and Employment

National Apprenticeship Act of 2021 This bill provides statutory authority for the registered apprenticeship program within the Department of Labor and for related grant programs. The bill provides statutory authority for the Office of Apprenticeship (OA) within Labor. The OA's responsibilities include (1) supporting the development of apprenticeship models; (2) recognizing qualified state apprenticeship agencies, and operating apprenticeship offices in states without a recognized agency; (3) providing technical assistance to state agencies; (4) periodically updating requirements for each occupation in the apprenticeship program and determining whether to approve new occupations for the program; (5) promoting greater diversity in the national apprenticeship system; and (6) awarding grants provided by this bill. The bill also establishes in statute the responsibilities of state apprenticeship agencies and offices, including (1) providing technical assistance to stakeholders, (2) resolving complaints, (3) establishing state performance goals, and (4) including in its written plan a description of how its apprenticeship programs align with the skills needs of the state's employers. The OA shall enter into an agreement with the Department of Education to promote the integration and alignment of apprenticeship programs with secondary, postsecondary, and adult education. The OA shall award grants, contracts, or cooperative agreements to eligible entities to (1) expand national apprenticeship system programs, including by expanding pre-apprenticeship and youth apprenticeship programs; (2) encourage employer participation; and (3) strengthen alignment between the apprenticeship system and education providers. The bill provides statutory authority for criteria for various programs, including (1) quality standards for apprenticeships, (2) requirements for apprenticeship agreements between a program sponsor and an apprentice, and (3) acceptable uses for grant funds awarded by this bill. The bill also provides statutory authority for the National Advisory Committee on Apprenticeships. The committee's duties shall include advising the OA on matters relating to this bill and providing recommendations on topics such as increasing the participation of populations not traditionally involved in the national apprenticeship system. Labor shall engage an independent entity to conduct research on ways to improve the management and effectiveness of national apprenticeship system programs.

To amend the Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act'') and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre- apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, 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 ``National Apprenticeship Act of 2021''. SEC. 2. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect beginning on October 1, 2021. SEC. 3. AMENDMENT. The Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), is amended to read as follows: ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This Act may be cited as the `National Apprenticeship Act'. ``(b) Table of Contents.--The table of contents for this Act is as follows: ``Sec. 1. Short title; table of contents. ``Sec. 2. Definitions. ``Sec. 3. Programs under the national apprenticeship system. ``Sec. 4. Transition provisions. ``Sec. 5. Disaggregation of data. ``Sec. 6. Relation to other laws. ``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM ``Subtitle A--The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement ``Sec. 111. The Office of Apprenticeship. ``Sec. 112. National Advisory Committee on Apprenticeships. ``Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship. ``Sec. 114. Interagency agreement with Department of Education. ``Subtitle B--Process and Standards for the National Apprenticeship System ``Sec. 121. Apprenticeable occupations standards. ``Sec. 122. Quality standards of programs under the national apprenticeship system. ``Sec. 123. Apprenticeship agreements. ``Sec. 124. Registration of programs under the national apprenticeship system. ``Subtitle C--Evaluations and Research ``Sec. 131. Program evaluations. ``Sec. 132. National apprenticeship system research. ``Subtitle D--General Provisions ``Sec. 141. Authorization of appropriations. ``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY GRANTS ``Sec. 201. Grant requirements. ``Sec. 202. Uses of Funds. ``Sec. 203. Grant evaluations. ``Sec. 204. Grant appropriations. ``SEC. 2. DEFINITIONS. ``In this Act: ``(1) Administrator.--The term `Administrator' means the Administrator of the Office of Apprenticeship established under section 111(a). ``(2) Advisory committee.--The term `Advisory Committee' means the National Advisory Committee on Apprenticeships established under section 112. ``(3) Apprentice.--The term `apprentice' means a program participant in an apprenticeship program. ``(4) Apprenticeship agreement.--The term `apprenticeship agreement' means a written agreement under section 123 between-- ``(A) an apprentice, a youth apprentice, or a pre- apprentice; and ``(B) a sponsor. ``(5) Apprenticeship hub.--The term `apprenticeship hub' means a regional or sectoral qualified intermediary recognized by a State apprenticeship agency or a State Office of Apprenticeship as organizing and providing activities and services related to the development of programs under the national apprenticeship system. ``(6) Apprenticeable occupation.--The term `apprenticeable occupation' means an occupation that the Administrator has determined meets the requirements of section 121. ``(7) Apprenticeship program.--The term `apprenticeship program' means a program that meets the standards described in section 122(b) and is registered under this Act. ``(8) Competency.--The term `competency' means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement. ``(9) Department.--The term `Department' means the Department of Labor. ``(10) Education and training provider.--The term `education and training provider' means-- ``(A) an area career and technical education school; ``(B) an early college high school; ``(C) an educational service agency; ``(D) a high school; ``(E) a local educational agency or State educational agency; ``(F) a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution; ``(G) a postsecondary educational institution; ``(H) a minority-serving institution; ``(I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.); ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(11) Eligible entity.-- ``(A) In general.--The term `eligible entity' means-- ``(i) a program sponsor; ``(ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; ``(iii) an education and training provider, or a consortium thereof; ``(iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency; ``(v) an Indian Tribe or Tribal organization; ``(vi) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(vii) a Governor of a State; ``(viii) a labor organization or joint labor-management organization; or ``(ix) a qualified intermediary. ``(B) Sponsor requirement.--Not fewer than one entity under subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. ``(12) Indian tribe; tribal organization.--The terms `Indian Tribe' and `Tribal organization' have the meaning given the terms (without regard to capitalization) in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(13) Interim credential.--The term `interim credential' means a credential issued by a registration agency, upon request of the appropriate sponsor, as certification of competency attainment by a program participant during participation in a program under the national apprenticeship system. ``(14) Journeyworker.--The term `journeyworker' means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. ``(15) Minority-serving institution.--The term `minority- serving institution' means an institution defined in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))). ``(16) National apprenticeship system.--The term `national apprenticeship system' means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs that meet the requirements of this Act. ``(17) Nontraditional apprenticeship population.--The term `nontraditional apprenticeship population' means a group of individuals (such as individuals from the same gender, race, or ethnicity), the members of which comprise fewer than 25 percent of the program participants in an apprenticeable occupation under the national apprenticeship system. ``(18) Nontraditional apprenticeship industry or occupation.--The term `nontraditional apprenticeship industry or occupation' refers to an industry sector or occupation that represents fewer than 10 percent of apprenticeable occupations or the programs under the national apprenticeship system. ``(19) Outlying area.--The term `outlying area' means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. ``(20) Pre-apprentice.--The term `pre-apprentice' means a program participant in a pre-apprenticeship program. ``(21) Pre-apprenticeship program.--The term `pre- apprenticeship program' means a training model or program that-- ``(A) prepares individuals for acceptance into an apprenticeship program; ``(B) meets the standards described in section 122(c); and ``(C) is registered under this Act. ``(22) Program participant.--The term `program participant' means an apprentice, a pre-apprentice, or a youth apprentice. ``(23) Qualified intermediary.-- ``(A) In general.--The term `qualified intermediary' means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by-- ``(i) connecting employers to programs under the national apprenticeship system; ``(ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; ``(iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act; ``(iv) providing professional development activities such as training to mentors; ``(v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; ``(vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; ``(vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or ``(viii) serving as a program sponsor. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans- service organizations in the State workforce development system; or ``(iii) partnerships among one or more of the entities described in clauses (i) and (ii). ``(24) Recognized postsecondary credential.--The term `recognized postsecondary credential' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), except that such term does not include a certificate of completion of an apprenticeship. ``(25) Registration agency.--The term `registration agency' means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for-- ``(A) approving or denying applications from sponsors for registration of programs under the national apprenticeship system in the State or area covered by the registration agency; and ``(B) carrying out the responsibilities of supporting the youth apprenticeship, pre- apprenticeship, or apprenticeship programs registered by the registration agency. ``(26) Related instruction.--The term `related instruction' means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). ``(27) Related federal programs.--The term `related Federal programs' means programs or activities under the following: ``(A) The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), including adult education and literacy activities under such Act. ``(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.). ``(C) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). ``(D) The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(E) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). ``(F) Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). ``(G) Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.). ``(H) The postsecondary level under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(I) Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). ``(J) Chapter 41 of title 38, United States Code. ``(K) Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). ``(L) State unemployment compensation laws (in accordance with applicable Federal law). ``(M) Section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541). ``(N) Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ``(O) Employment and training activities carried out by the Department of Housing and Urban Development, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Transportation, and the Small Business Administration. ``(P) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)). ``(Q) Educational assistance programs under chapters 30 through 36 of title 38, United States Code. ``(28) Secretary.--The term `Secretary' means the Secretary of Labor. ``(29) Sponsor.--The term `sponsor' means an employer, joint labor-management organization, trade association, professional association, labor organization, education and training provider, or qualified intermediary that is applying to administer and operate a program under the national apprenticeship system. ``(30) State.--The term `State'-- ``(A) has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and ``(B) includes each of the outlying areas. ``(31) State apprenticeship agency.--The term `State apprenticeship agency' means a State agency recognized as a State apprenticeship agency under section 113. ``(32) State apprenticeship council.--The term `State apprenticeship council' means an entity established under section 113(b)(3) to assist the State apprenticeship agency. ``(33) State office of apprenticeship.--The term `State office of apprenticeship' means the office designated by the Administrator to administer programs under the national apprenticeship system in such State and meets the requirements of section 111(b)(3). ``(34) State or local workforce development boards.--The terms `State workforce development board' and `local workforce development board' have the meanings given the terms `State board' and `local board', respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(35) State workforce agency.--The term `State workforce agency' means the State agency with responsibility for workforce investment activities under chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.). ``(36) CTE terms.--The terms `area career and technical education school', `articulation agreement', `credit transfer agreement', `postsecondary educational institution', `Tribally controlled college or university', `Tribally controlled postsecondary career and technical institution', and `work- based learning' have the meanings given in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(37) ESEA terms.--The terms `dual or concurrent enrollment program', `early college high school', `education service agency', `high school', `local educational agency', `paraprofessional', and `State educational agency' have the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(38) Tribal educational agency.--The term `Tribal educational agency' has the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452). ``(39) WIOA terms.--The terms `career pathway', `dislocated worker', `in-demand industry sector or occupation', `individual with a barrier to employment', `industry or sector partnership', `labor market area', `local area', `one-stop center', `one-stop operator', `one-stop partner', `supportive services', and `workforce development system' have the meanings given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(40) Youth apprentice.--The term `youth apprentice' means a participant in a youth apprenticeship program. ``(41) Youth apprenticeship program.--The term `youth apprenticeship program' means a model or program that meets the standards described in section 122(d) and is registered under this Act. ``SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of program under the national apprenticeship system. ``SEC. 4. TRANSITION PROVISIONS. ``The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this Act (as amended by the National Apprenticeship Act of 2021) from any authority under this Act as in effect on the day before the date of enactment of the National Apprenticeship Act of 2021. ``SEC. 5. DISAGGREGATION OF DATA. ``The disaggregation of data under this Act shall not be required when the number of program participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about a program participant or would reveal such information when combined with other released information. ``SEC. 6. RELATION TO OTHER LAWS. ``Nothing in this Act shall invalidate or limit the remedies, rights, and procedures under any Federal law or the law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals based on race, color, religion, national origin, sex, sexual orientation, age, genetic information, or disability than are afforded by this Act. ``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM ``Subtitle A--The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement ``SEC. 111. THE OFFICE OF APPRENTICESHIP. ``(a) Establishment of the Office of Apprenticeship.--There is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship (referred to in this section as the `Office'), which shall be directed by an Administrator who has demonstrated knowledge of the national apprenticeship system necessary to head the Office. ``(b) Responsibilities.--The Administrator shall be responsible for the administration of this Act, including: ``(1) Promotion and awareness activities.--The Administrator shall carry out promotion and awareness activities, including the following: ``(A) Supporting the development or scaling of apprenticeship models nationally, promoting the effectiveness of youth apprenticeship, pre- apprenticeship, and apprenticeship programs, and providing promotional materials to State apprenticeship agencies, State workforce development systems or local workforce development systems, State educational agencies or local educational agencies, employers, trade associations, professional associations, industry groups, labor organizations, joint labor-management organizations, education and training providers, Federal and State correctional facilities, veterans- service organizations, and prospective apprentices in such programs. ``(B) Promoting greater diversity in the national apprenticeship system including by-- ``(i)(I) promoting outreach to nontraditional apprenticeship populations, including by engaging schools that participate in a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) and minority-serving institutions; ``(II) disseminating best practices to recruit nontraditional apprenticeship populations, women, minorities, long-term unemployed, individuals with a disability, individuals recovering from substance abuse disorders, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth; and ``(III) engaging small, medium-size, women- owned, and minority-owned businesses, and employers in high-skill, high-wage, and in- demand industry sectors and occupations that are nontraditional apprenticeship industries or occupations; and ``(ii) supporting the participation and retention of apprentices and employers described in clause (i) in the national apprenticeship system. ``(2) Technical assistance activities.--The Administrator shall carry out technical assistance activities, including the following: ``(A) Providing technical assistance to-- ``(i) assist State apprenticeship agencies and sponsors in complying with the requirements of this Act, including developing the State plan in section 113(c), the process and standards described in subtitle B, and the evaluation and research requirements described in subtitle C; ``(ii) receive and resolve comments or complaints from youth apprentices, pre- apprentices, or apprentices, sponsors, employers, State apprenticeship agencies, State local workforce agencies or local workforce agencies, State educational agencies or local educational agencies, qualified intermediaries, labor organizations, joint labor-management organizations, or other stakeholders; ``(iii) assist sponsors, employers, qualified intermediaries, and education and training or related instruction providers, or other entities interested in becoming sponsors, or seeking support for developing programs under the national apprenticeship system or effectively carrying out such programs, including providing assistance for remote or virtual learning or training, as necessary; ``(iv) assist those applying for or carrying out grants, contracts, or cooperative agreements under title II, including through facilitating the sharing of best practices; ``(v) share, through a national apprenticeship system clearinghouse, high- quality materials for programs under the national apprenticeship system, such as related instruction or training materials, in user- friendly formats and languages that are easily accessible, as determined by the Administrator; and ``(vi) assist State apprenticeship agencies in establishing or expanding apprenticeship hubs as is required in section 113(c)(7). ``(B) Cooperating with the-- ``(i) Secretary of Education in-- ``(I) providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with State education systems and education and training providers; and ``(II) supporting the stackability and portability of academic credit and credentials earned as part of such programs, including through articulation agreements and career pathways; ``(ii) State workforce development systems to promote awareness of opportunities under the national apprenticeship system; ``(iii) Attorney General in providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with a mentoring program administered by the Attorney General; ``(iv) Attorney General and the Director of the Bureau of Prisons to-- ``(I) support the establishment or expansion of pre-apprenticeships and apprenticeship programs to all Federal correctional institutions; ``(II) share through the national apprenticeship system clearinghouse research and best practices for programs under the national apprenticeship system in correctional settings and for individuals impacted by the criminal and juvenile justice system; ``(III) provide technical assistance for State prison systems and employers seeking to operate or improve corrections-based pre-apprenticeship or apprenticeship programs; and ``(IV) support the successful transition of individuals in correctional institutions to pre- apprenticeship or apprenticeship programs upon exiting from correctional settings; and ``(v) Secretary of Health and Human Services to coordinate with State programs for temporary assistance to needy families funded under part A of title VI of the Social Security Act to promote awareness of opportunities under the national apprenticeship system for participants in such State programs. ``(3) State offices of apprenticeship.-- ``(A) Establishment of offices.-- ``(i) In general.--The Administrator shall establish and operate a State Office of Apprenticeship in a State described in clause (ii) to serve as the registration agency for such State. ``(ii) Applicable states.--A State described in this clause is a State-- ``(I) in which, as of the day before the date of enactment of the National Apprenticeship Act of 2021, there is no State Office of Apprenticeship; and ``(II) that has not applied for recognition as a State apprenticeship agency under section 113, or for which such recognition has not provided or has been withdrawn by the Administrator under such section. ``(B) State plan requirement.--Each State Office of Apprenticeship shall be administered by a State Director who shall prepare and submit a State plan that meets the requirements of section 113(c). ``(C) Vacancies.--Subject to the availability of appropriations, in the case of a State Office of Apprenticeship with a vacant position, the Administrator shall-- ``(i) make information on such vacancy available on a publicly accessible website; and ``(ii) report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, on the status and length of such vacancy if such vacancy is not filled not later than 90 days after such position has become vacant. ``(D) Rule of construction.--Nothing in this paragraph shall be construed to prohibit any State described in subparagraph (A)(ii) from establishing an agency or entity to promote programs under the national apprenticeship system in such State, in coordination with the State Office of Apprenticeship operating in the State, so long as such agency or entity does not act as the registration agency in such State. ``(4) Quality standards, apprenticeship agreement, and registration review.--In order for the Secretary, acting through the Administrator, to support the formulation and furtherance of labor standards necessary to safeguard the welfare of program participants, and to extend the application of such standards in apprenticeship agreements, not later than 1 year after the effective date of the National Apprenticeship Act of 2021, and at least every 3 years thereafter, the Administrator shall review, and where appropriate, update the process for meeting the requirements of subtitle B, including applicable regulations and subregulatory guidance to ensure that such process is easily accessible and efficient to bring together employers and labor as sponsors or potential sponsors of programs under the national apprenticeship system. ``(5) Apprenticeable occupations.-- ``(A) Existing apprenticeable occupations.--The Administrator shall regularly review and update the requirements for each apprenticeable occupation to ensure that such requirements are in compliance with requirements under this Act. ``(B) New apprenticeable occupation.-- ``(i) In general.--The Administrator shall review and make a determination on whether to approve an occupation as an apprenticeable occupation not later than 45 days after receiving an application from a person seeking such approval from the Administrator. ``(ii) Estimated timeline.--If such determination is not made within 45 days, the Administrator shall provide the applicant with a written explanation for the delay and offer an estimated timeline for a determination that does not to exceed 90 days after the date of such written explanation. ``(C) Industry recognized occupational standards.-- ``(i) In general.--From the funds appropriated under section 141(a), the Administrator shall convene, on an ongoing basis and taking into consideration recommendations of the Advisory Committee under section 112(d)(4), the industry sector leaders and experts described in clause (ii) for the purposes of establishing or updating specific frameworks of industry recognized occupational standards for apprenticeable occupations (including potential apprenticeable occupations) that-- ``(I) meet the requirements of this Act; and ``(II) describe program scope and length, related instruction, on-the-job training, recognized postsecondary credentials, and competencies, and relevant timelines for review of such frameworks. ``(ii) Industry sector leaders and experts.--The industry sector leaders and experts are employers, industry associations, joint labor-management organizations, labor organizations, education and training providers, credential providers, program participants, national qualified intermediaries, including those supporting increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship industries or occupations, and other stakeholders relevant to the sector or occupation for which the frameworks are being established or updated, as determined by the Administrator. ``(iii) Priority industry recognized apprenticeable occupations.--In establishing frameworks under clause (i) for the first time after the effective date of the National Apprenticeship Act of 2021, the Administrator shall prioritize the establishment of such standards in high-skill, high-wage, or in- demand industry sectors and occupations. ``(D) Regulations.--Not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2021, the Secretary shall issue regulations that outline a process for proactively establishing and approving standards and requirements for apprenticeable occupations in consultation with the industry sector leaders and experts described in subparagraph (C)(ii). ``(E) Nontraditional apprenticeship populations.-- The Administrator shall regularly evaluate the participation of the nontraditional apprenticeship populations for each of the approved apprenticeable occupations, such as women, minorities, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth. ``(6) Program oversight and evaluation.--The Administrator shall-- ``(A) monitor State apprenticeship agencies, State Offices of Apprenticeship, grantees, and sponsors of programs under the national apprenticeship system to ensure compliance with the requirements of this Act; ``(B) provide technical assistance to assist such entities with such compliance or program performance; ``(C) conduct research and evaluation in accordance with subtitle C; and ``(D) require regular reports on the performance of state agencies, including on efforts state agencies make to increase employer awareness of apprenticeship programs for employers who have not participated. ``(7) Promoting diversity in the national apprenticeship system.--The Administrator shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including-- ``(A) taking steps necessary to promote diversity in apprenticeable occupations under the national apprenticeship system, especially in high-skill, high- wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals; ``(B) ensuring programs under the national apprenticeship system-- ``(i) adopt and implement policies to provide for equal opportunity in such programs, as described in section 30.3 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); ``(ii) do not engage in intimidation or retaliation as prohibited under section 30.17 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); and ``(iii) are subject, for any violation of clause (i) or (ii), to enforcement action under this Act; and ``(C) supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, low-income participants in related Federal programs, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable. ``(8) Grant awards.--The Administrator shall award grants, contracts, or cooperative agreements under title II. ``(9) National advisory committee.--The Administrator shall-- ``(A) regularly consult with the National Advisory Committee on Apprenticeships under section 112; and ``(B) ensure that the required recommendations and other reports of the Advisory Committee are submitted to the Secretary and transmitted to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(10) Coordination.--The Administrator shall coordinate and align programs under the national apprenticeship system with related Federal programs, to better promote participation in the national apprenticeship program. ``(c) Information Collection and Dissemination.--The Administrator shall provide for data collection and dissemination of information regarding programs under the national apprenticeship system, including-- ``(1) not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2021, establishing and supporting a single information technology infrastructure to support data collection and reporting from State apprenticeship agencies, State Offices of Apprenticeship, grantees under title II, program sponsors, and program administrators under the national apprenticeship system by providing for a data infrastructure that-- ``(A) is developed and maintained by the Administrator, with input from national data and privacy experts, is informed by best practices on public provision of credential information, and to the extent practicable, aligns with the technology infrastructure for related Federal programs, such as the technology infrastructure used under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); ``(B) best meets the needs of the national apprenticeship system stakeholders reporting data to the Administrator or State apprenticeship agencies, including through the provision of technical assistance and financial assistance as necessary to ensure reporting systems are equipped to report into a single information technology infrastructure; and ``(C) is aligned with data from the performance reviews under section 131(b)(1)(A); ``(2) providing for data sharing that includes making nonpersonally identifiable apprenticeship data available on a publicly accessible website that is consumer tested and is searchable and comparable, through the use of common, linked, open-data description language, such as the credential transparency description language or a substantially similar resource, so that interested parties can become aware of apprenticeship opportunities and of program outcomes that best meets the needs of youth apprentices, pre-apprentices, and apprentices, employers, education and training providers, program sponsors, and relevant stakeholders, including-- ``(A) information on program offerings under the national apprenticeship system based on geographical location and apprenticeable occupation; ``(B) information on education and training providers providing opportunities under such system, including whether programs under such system offer dual or concurrent enrollment programs, articulation agreements, and recognized postsecondary credentials as part of the program offerings; ``(C) information about the educational and occupational credentials and related competencies of programs under such system; and ``(D) information based on the most recent data available to the Office that is consistent with national standards and practices. ``SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS. ``(a) Establishment.-- ``(1) In general.--There is established, in the Department of Labor, a National Advisory Committee on Apprenticeships. ``(2) Composition.-- ``(A) Appointments.--The Advisory Committee shall consist of 27 voting members described in subparagraph (B) appointed by the Secretary. ``(B) List of individuals.--The individuals described in this subparagraph are-- ``(i) 9 representatives of employers or industry associations who participate in an apprenticeship program (at least 1 of which represents a women, minority, or veteran-owned business), including representatives of employers representing nontraditional apprenticeship industries or occupations, and other high-skill, high-wage, or in-demand industry sectors or occupations, as applicable; ``(ii) 9 representatives of labor organizations or joint labor-management organizations who have responsibility for the administration of an apprenticeship program (including those sponsored by a joint labor- management organization and from nontraditional apprenticeship industries or occupations), at least 1 of which represent employees primarily in the building trades and construction industry; ``(iii) 1 representative of each from-- ``(I) a State apprenticeship agency; ``(II) a State or local workforce development board with significant expertise in supporting a program under the national apprenticeship system; ``(III) a community organization with significant expertise supporting such a program; ``(IV) an area career and technical education school or local educational agency; ``(V) a State apprenticeship council; ``(VI) a State or local postsecondary education and training providers that administers, or has not less than 1 articulation agreement with an entity administering, a program under the national apprenticeship system; ``(VII) a provider of an industry- recognized credential; ``(VIII) a national qualified intermediary, including a national qualified intermediary that supports increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship industries or occupations; and ``(IX) a program participant. ``(C) Ex officio nonvoting members.--The Advisory Committee shall consist of ex officio nonvoting members from each of the following departments, selected by the applicable Secretary-- ``(i) the Department of Labor; ``(ii) the Department of Commerce; ``(iii) the Department of Education; ``(iv) the Department of Energy; ``(v) the Department of Housing and Urban Development; ``(vi) the Department of Transportation; ``(vii) the Department of Veterans Affairs; ``(viii) the Department of Health and Human Services; ``(ix) the Department of Justice; ``(x) the Department of Defense; and ``(xi) the Federal Communications Commission. ``(D) Recommendations.--The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate may each recommend to the Secretary an individual described in clause (i) or (ii) of subparagraph (B) for appointment under subparagraph (A) who shall be subject to the requirements of paragraph (3). ``(3) Qualifications.--An individual shall be selected under paragraph (1) on the basis of the experience and competence of such individual with respect to programs under the national apprenticeship system. ``(4) Terms.-- ``(A) In general.--Each voting member of the Advisory Committee shall be appointed for a term of 4 years, except as provided in subparagraphs (B) through (D). ``(B) Terms of initial appointees.-- ``(i) In general.--The appointments of the initial members of the Advisory Committee shall be made not later than 90 days after the effective date of the National Apprenticeship Act of 2021. ``(ii) Staggering of terms.--As designated by the Secretary at the time of the appointment, of the members first appointed-- ``(I) half of such members shall serve a 2-year term; and ``(II) half of such members shall serve a 4-year term. ``(C) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made, except that such appointment shall be made not later than 90 days after the date of the vacancy. A member who fulfilled a partial term as the result of a vacancy may, at the end that term, be appointed to a full term. ``(D) Multiple terms.--A voting member of the Advisory Committee may serve not more than 2 full terms on the Advisory Committee. ``(b) Chairperson.--The Advisory Committee members shall designate by vote one of the voting members described in subsection (a)(2)(A) of the Advisory Committee to serve as Chairperson of the Advisory Committee. ``(c) Meetings.-- ``(1) In general.--The Advisory Committee shall meet at the call of the Chairperson and hold not fewer than 4 meetings during each calendar year. ``(2) Open access.--All meetings of the Advisory Committee shall be open to the public. A transcript shall be kept of each meeting and made available for public inspection within 30 days of the meeting. ``(d) Duties.--The Advisory Committee shall, at a minimum-- ``(1) advise, consult with, and make recommendations to the Administrator on matters relating to the administration of this Act, including recommendations on regulations and policies related to the administration of this Act; ``(2) annually prepare a set of recommendations for the Administrator, to be shared with the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, to improve the registration process under subtitle B to make the process easily accessible and efficient for use by sponsors while maintaining the requirements under subtitle B; ``(3) make recommendations on expanding participation of nontraditional apprenticeship populations in programs under the national apprenticeship system; ``(4) review apprenticeable occupations and, based on reviews of labor market trends and changes, make recommendations to the Administrator on whether to-- ``(A) make updates to apprenticeable occupations under section 111(b)(5)(A); or ``(B) convene sector leaders and experts under section 111(b)(5)(C) for the establishing specific frameworks of industry recognized occupational standards; and ``(5) make recommendations on the development of demonstrations projects as described in section 132(f). ``(e) Personnel.-- ``(1) Compensation of members.-- ``(A) In general.--A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Committee. ``(B) Officers or employees of the united states.-- Members of the Advisory Committee who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Advisory Committee. ``(2) Staff.--The Secretary shall supply the Advisory Committee with an executive Secretary and provide such secretarial, clerical, and other services as the Secretary determines to be necessary to enable the Advisory Committee to carry out the duties described in subsection (d). ``(3) Data requests.--The Advisory Committee through its Chairperson may request data from the Secretary as determined necessary by the Advisory Committee to carry out its functions as described in this section. ``(f) Permanent Committee.--The Federal Advisory Committee Act (5 U.S.C. App.) (other than section 14 of such Act) shall apply to the Advisory Committee. ``SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF APPRENTICESHIP. ``(a) Recognition of State Apprenticeship Agencies.-- ``(1) In general.--The Administrator shall recognize a State agency as a State apprenticeship agency in accordance with this section and cooperate with such State apprenticeship agency regarding the formulation and promotion of standards of apprenticeship under subtitle B. ``(2) Application.--A State desiring to have a State agency recognized as a State apprenticeship agency under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may require, including-- ``(A) the initial State plan described in subsection (c)(2)(A)(i); ``(B) a description of how the State apprenticeship agency will meet the State plan requirements of subsection (c); and ``(C) a description of the linkages and coordination of the State's proposed standards, criteria, and requirements with the State's economic development strategies and workforce development system and the State's secondary, postsecondary, and adult education systems. ``(3) Review and recognition.-- ``(A) In general.--Not later than 90 days after the date on which a State submits an application under paragraph (2), the Secretary shall notify the State regarding whether the agency of the State is recognized as a State apprenticeship agency under this section. ``(B) Duration of recognition.-- ``(i) Duration.--The recognition of a State apprenticeship agency shall be for a 4-year period beginning on the date the State apprenticeship agency is notified under subparagraph (A). ``(ii) Notification.-- ``(I) In general.--The Secretary shall notify a State apprenticeship agency not later than 180 days before the last day of the 4-year period regarding whether the State apprenticeship agency is in compliance with this section. ``(II) Compliance.--In the case of a State apprenticeship agency that is in compliance with this section, the agency's recognition under this section shall be renewed for an additional 4- year period and the notification under subclause (I) shall include notification of such renewal. ``(III) Noncompliance.--In the case of a State apprenticeship agency that is not in compliance with this section, the notification shall-- ``(aa) specify the areas of noncompliance; ``(bb) require corrective action; and ``(cc) offer technical assistance. ``(iii) Renewal after correction.--If the Administrator determines that a State apprenticeship agency has corrected the identified areas of noncompliance under this subparagraph not later than 180 days of notification of noncompliance, the State apprenticeship agency's recognition under this section shall be renewed for an additional 4- year period. ``(C) Transition period for state agencies.-- ``(i) In general.--Not later than 1 year after the effective date of the National Apprenticeship Act of 2021, a State agency that, as of the day before the date of enactment of such Act, was recognized by the Secretary for purposes of registering apprenticeship programs in accordance with this Act shall submit an application under paragraph (2). ``(ii) Transition period.--A State agency described in clause (i) shall be recognized as a State apprenticeship agency under this section for a 4-year period beginning on the date on which the Secretary approves the application submitted by the State agency under paragraph (2). ``(b) Authority of a State Apprenticeship Agency.-- ``(1) In general.--For the period during which a State apprenticeship agency is recognized under subsection (a) and to maintain such recognition, the State apprenticeship agency shall carry out the requirements of this Act. ``(2) Program recognition.--With respect to a State with a State apprenticeship agency, the State apprenticeship agency shall have sole authority to recognize and register a pre- apprenticeship, youth apprenticeship, or apprenticeship program in such State, which shall include-- ``(A) determining whether such program is in compliance with the standards for such program under section 122; ``(B) in the case of such a program that is in compliance with such standards, recognizing the program and providing a certificate of recognition for such program; ``(C) providing technical assistance to current or potential sponsors; and ``(D) in the case of such a program that fails to meet the requirements of this Act, providing for the withdrawal of recognition of the program in accordance with section 131(b). ``(3) State apprenticeship council.-- ``(A) In general.--A State apprenticeship agency shall establish and continue to use a State apprenticeship council, which shall operate in compliance with the requirements of this Act under the direction of the State apprenticeship agency. ``(B) Composition.--A State apprenticeship council may be regulatory or advisory in nature, and shall-- ``(i) be composed of persons familiar with apprenticeable occupations; and ``(ii) be fairly balanced, with an equal number of-- ``(I) representatives of employer organizations, including from nontraditional apprenticeship industries or occupations; ``(II) representatives of labor organizations or joint labor-management organizations, including from nontraditional apprenticeship industries or occupations; and ``(III) public members; and ``(iii) to the extent practicable, have not less than 1 member who is a member of the State workforce board. ``(C) Special rule.--A State apprenticeship council shall not be eligible for recognition as a State apprenticeship agency. ``(c) State Plan.-- ``(1) In general.--For a State apprenticeship agency to be eligible to receive allotments under subsection (f) and to be recognized under this section, the State apprenticeship agency shall submit to the Secretary a State plan that meets the requirements of this subsection. ``(2) Approval of state plan.-- ``(A) Submission.-- ``(i) Initial plan.--The first State plan of a State apprenticeship agency shall be submitted to the Administrator not later than 120 days prior to the commencement of the first full program year of the State apprenticeship agency, which shall include-- ``(I) a description of any State laws, policies, or operational procedures relating to the process of recognizing programs under the national apprenticeship system that is inconsistent with, or imposes requirements in addition to, the requirements of this Act; ``(II) an assurance that the State will notify the Administrator if there are any changes to the State laws (including regulations), policies, or procedures described in subclause (I) that occur after the date of submission of such plan; and ``(III) an assurance that the State will make available on a publicly available website a description of any laws (including regulations), policies, and operational procedures relating to the process of recognizing programs under the national apprenticeship system that are inconsistent with, or impose requirements in addition to, the requirements of this Act. ``(ii) Subsequent plans.--Except as provided in clause (i), a State plan shall be submitted to the Administrator not later than 120 days prior to the end of the 4-year period covered by the preceding State plan. ``(B) Approval.--A State plan shall be subject to the approval of the Administrator and shall be considered to be approved at the end of the 90-day period beginning on the date that the plan is submitted under this paragraph, unless the Administrator, during the 90-day period, provides the State apprenticeship agency, in writing-- ``(i) an explanation for why the State plan is inconsistent with the requirements of this Act; and ``(ii) an opportunity for an appeal of such determination to an Administrative Law Judge for the Department of Labor not later than 30 days after receipt of the notice of denial from the Administrator. ``(C) Modifications.-- ``(i) Modifications.--At the end of the first 2-year period of any 4-year State plan, the State may submit modifications to the State plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the State plan. ``(ii) Approval.--A modified State plan submitted for review under clause (i) shall be subject to the approval requirements described in subparagraph (B). ``(3) Technical assistance.--Each State Plan shall describe how the State apprenticeship agency will provide technical assistance for-- ``(A) potential sponsors, employers, labor organizations, joint labor-management organizations, qualified intermediaries, apprentices, education and training providers, credentialing bodies, eligible entities, industry associations, or any potential program participant in the national apprenticeship system in the State for the purposes of recruitment, retention, program development, expansion, or implementation, including supporting remote or virtual learning or training, as necessary; ``(B) sponsors of programs registered in the State, including sponsors that are not meeting performance goals under subtitle C, for purposes of assisting sponsors in meeting or exceeding such goals; and ``(C) sponsors of programs registered in that State for purposes of assisting such sponsors in achieving State goals in diversity and equal opportunity in apprenticeships in accordance with paragraph (5). ``(4) Reciprocity.--Each State plan shall describe how the State apprenticeship agency, in the case of a program recognized by a registration agency in another State, shall recognize such program in the State of such agency for purposes of this Act by not later than 30 days after receipt of an application for such recognition from a program sponsor, as long as such program meets the wage and hour provisions of the State granting reciprocity. ``(5) Promoting diversity in the national apprenticeship system.--Each State plan shall include a plan for how the State apprenticeship agency will-- ``(A) promote diversity in apprenticeable occupations offered throughout the State, and a description of how such agency will promote the addition of apprenticeable occupations in high-skill, high-wage, or in-demand industry sectors and occupations, and in nontraditional apprenticeship industries or occupations; and ``(B) promote diversity and equal opportunity in programs under the national apprenticeship system by uniformly adopting and implementing the requirements of subparagraphs (B) and (C) of section 111(b)(7). ``(6) Complaints.-- ``(A) In general.--Subject to subparagraph (B), each State plan shall include a description of the system for the State apprenticeship agency to receive and resolve complaints submitted by program participants, the program participant's authorized representative, sponsors, employers, or nonprofit compliance organizations, such as complaints concerning equal employment opportunity or discrimination, violations of the apprenticeship agreement, or violations of requirements under this Act. ``(B) Collective bargaining agreements.--Any controversy arising under an apprenticeship agreement which is covered by a collective bargaining agreement shall not be subject to the system described in subparagraph (A), except that complaints concerning discrimination or any matters described in subparagraph (5)(B) shall be subject to such system. ``(7) State apprenticeship hubs.--Each State plan shall describe how the State will support, in a manner that takes into consideration geographic diversity, the creation and implementation of apprenticeship hubs throughout the State that shall work with industry and sector partnerships to expand programs under the national apprenticeship system, and apprenticeable occupations, in the State. ``(8) State apprenticeship performance outcomes.--Each State plan shall-- ``(A) in coordination with the Administrator, establish annual State performance goals for the programs registered by the State apprenticeship agency for the indicators described-- ``(i) in subparagraph (A) of section 131(b)(1); and ``(ii) in subparagraph (B)(ii) of section 131(b)(1); and ``(B) describe how the State apprenticeship agency will collect performance data from programs registered by the agency; and ``(C) annually report on the outcomes of each such program in relation to the State established goals under subparagraph (A). ``(9) Uses of funds.--Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f). ``(10) Alignment of workforce activities.--Each State plan shall include a summary of State-supported workforce development activities (including education and training) in the State, including-- ``(A) a summary of the apprenticeship programs on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); ``(B) the degree to which the programs under the national apprenticeship system in the State are aligned with and address the skill needs of the employers in the State identified by the State workforce development board; and ``(C) a description of how apprenticeship programs will receive expedited consideration to be included on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)). ``(11) State strategic vision.--Each State plan shall include a summary of the State's strategic vision and set of goals for preparing an educated and skilled workforce and for meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations as identified by the State, and how the programs registered by the State apprenticeship agency in the State will help to meet such goals. ``(12) Strategy for any joint planning, alignment, coordination, and leveraging of funds.--Each State plan shall provide a description of the State apprenticeship agency's strategy for joint planning, alignment, coordination, and leveraging of funds-- ``(A) with the State's workforce development system, to achieve the strategic vision and goals described in paragraph (11), including the core programs defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and the elements related to system alignment under section 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B)); ``(B) for programs under the national apprenticeship system in the State with other Federal education programs, including programs under-- ``(i) the Elementary and Secondary Education Act of 1965; ``(ii) the Individuals with Disabilities Education Act; ``(iii) the Carl D. Perkins Career and Technical Education Act of 2006; and ``(iv) the Higher Education Act of 1965; and ``(C) to provide information about access to available State assistance or assistance under related Federal programs, including such assistance under-- ``(i) section 6(d) of the Food and Nutrition Act of 2008; ``(ii) subsection (c)(1) of section 3672 of title 38, United States Code; ``(iii) section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541); and ``(iv) the State Temporary Assistance for Needy Families programs under part A of title IV of the Social Security Act. ``(13) State apprenticeship council.--Each State plan shall provide for a description of the composition, roles, and responsibility of the State apprenticeship council, and how the Council will comply with the requirements of subsection (b)(3). ``(d) State Apprenticeship Agency Funding.--A State apprenticeship agency shall use funds received under clauses (i) and (ii) of subsection (f)(1)(A) according to the following requirements: ``(1) Program administration.--The State apprenticeship agency shall use such funds to support the administration of programs under the national apprenticeship system across the State, including for-- ``(A) staff and resources; ``(B) oversight and evaluation as required under this Act; ``(C) technical assistance to program sponsors, program participants, employers, labor organizations, joint labor-management organizations, education and training providers, and qualified intermediaries; ``(D) pre-apprenticeship, youth, and apprenticeship program recruitment and development, including for-- ``(i) engaging potential providers of such programs such as employers, qualified intermediaries, related instruction providers, and potential program participants; ``(ii) publicizing apprenticeship opportunities and benefits; and ``(iii) engaging State workforce and education systems for collaboration and alignment across systems; ``(E) supporting the enrollment and apprenticeship certification requirements to allow veterans and other individuals eligible for the educational assistance programs under chapters 30 through 36 of title 38, United States Code, and any related educational assistance programs under laws administered by the Secretary of Veterans Affairs, to use such assistance for the apprenticeship program, including the requirement of designating a certifying official; and ``(F) supporting the retention and completion of program participants in such programs, such as by assisting with the costs-- ``(i) related to enrolling in such programs; or ``(ii) of assessments related to obtaining a recognized postsecondary credential. ``(2) Educational alignment.--The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State education system to provide technical assistance and best practices regarding-- ``(A) alignment of youth apprenticeship programs with the secondary education programs in the State, including support for career exploration, career pathways, education and career planning, and engagement with youth apprenticeship programs for teachers, career guidance and academic counselors, school leaders, administrators, and specialized instructional support personnel and paraprofessionals; ``(B) alignment of related instruction provided under the national apprenticeship system in the State with academic credit granting postsecondary programs (including developing career pathways, articulation agreements, and prior learning assessments); and ``(C) the joint planning, alignment, coordination, and leveraging of funds described in subparagraphs (B) and (C) of subsection (c)(12). ``(3) Workforce alignment.--The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State workforce development system to provide technical assistance and best practices regarding-- ``(A) alignment with the State's workforce activities and strategic vision in accordance with paragraphs (10), (11), and subparagraphs (A) and (C) of paragraph (12) of subsection (c); ``(B) guidance for training staff of the workforce development system, including the vocational rehabilitation agencies, within the State on the value of programs under the national apprenticeship system as a work-based learning option for participants, including participants of programs authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) such as Job Corps under subtitle C of title I of such Act and YouthBuild under section 171 of such Act; ``(C) providing a list of programs under the national apprenticeship system that are offered in the State, including in the State's high-skill, high-wage, or in-demand industry sectors or occupations; ``(D) alignment of funding received and reporting required under this Act, including relevant placement, retention, and earnings information, with the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and technical assistance in how individual training accounts under section 134(c)(3) of such Act could be used to pay for the costs of enrolling and participating in programs under the national apprenticeship system; ``(E) partnerships with State or local workforce development boards, State workforce agencies, and one- stop centers and one-stop operators that assist program participants in accessing supportive services to support-- ``(i) the recruitment, retention, and completion of programs under the national apprenticeship system, including the recruitment of nontraditional populations and dislocated workers; ``(ii) transitions from youth apprenticeships and pre-apprenticeships to apprenticeship programs; and ``(iii) the placement into employment or further education upon program completion; and ``(F) expanding the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act to include programs under the national apprenticeship system in the State (29 U.S.C. 3152(d)). ``(4) Leadership activities.-- ``(A) In general.--A State apprenticeship agency may reserve not more than 15 percent of the funds received under subsection (f) in support of State apprenticeship initiatives described in this paragraph. ``(B) Diversity.--Not less than 5 percent of the amount reserved under subparagraph (A) shall be used by the State apprenticeship agency for supporting and expanding diversity in apprenticeable occupations under the national apprenticeship system in the State and program participant populations in the State. ``(C) Incentives for employers.--A State apprenticeship agency may use funds reserved under subparagraph (A) to incentivize employers to participate in programs under the national apprenticeship system, such as costs related to program development, staffing for mentors and supervisors, related instruction, or the creation of industry or sector partnerships to support employer participation. ``(D) State-specific initiatives.--A State apprenticeship agency may use funds reserved under subparagraph (A) for State-specific initiatives, such as the development or expansion of youth apprenticeship programs or apprenticeship programs in high-skill, high-wage, or in-demand industry sectors and occupations. ``(5) State match for federal investment.-- ``(A) In general.--Except in the case of exceptional circumstances, as determined by the Administrator, in order to receive a full allotment under subsection (f), a State apprenticeship agency shall use matching funds from non-Federal resources to carry out the activities of the agency under this Act in an amount not less than 25 percent of such allotment. ``(B) Transition period.--The requirement under this paragraph shall take effect with respect to a State apprenticeship agency on the date that is 1 day after the date on which the transition period for such agency under subsection (a)(3)(C)(ii) ends. ``(e) Derecognition of State Apprenticeship Agencies.-- ``(1) In general.--The Secretary may withdraw recognition of a State apprenticeship agency before the end of the agency's 4-year recognition period under subsection (a)(2)(B) if the Secretary determines, after notice and an opportunity for a hearing, that the State apprenticeship agency has failed for one of the reasons described in paragraph (2), and has not been in compliance with the performance improvement plan under paragraph (3) to remedy such failure. ``(2) Derecognition criteria.--The recognition of a State apprenticeship agency under this section may be withdrawn under paragraph (1) in a case in which the State apprenticeship agency fails to-- ``(A) adopt or properly enforce a State plan; ``(B) properly carry out its role as the sole registration agency in the State; ``(C) submit a report under section 131(b)(1)(B) for any program year; ``(D) meet the State levels of performance as described in subsection (c)(8)(A) or demonstrate improvements in performance for 3 consecutive program years; or ``(E) otherwise fulfill or operate in compliance with the requirements of this Act. ``(3) Derecognition process.-- ``(A) In general.--If a State apprenticeship agency fails for any of the reasons described in paragraph (2), the Secretary shall provide technical assistance to such agency for corrective action to remedy such failure, including assistance in the development of a performance improvement plan. ``(B) Reduction of funds.--Except in the case of exceptional circumstances as determined by the Administrator, in a case in which such a State apprenticeship agency continues such failure after the provision of the technical assistance under subparagraph (A)-- ``(i) the percentage of the funds to be allotted to the State apprenticeship agency under subsection (f) for each fiscal year following the fiscal year in which such failure has been identified shall be reduced by 5 percentage points; and ``(ii) the Administrator shall provide notice to the State apprenticeship agency that the agency's recognition under this section may be withdrawn if the agency fails to remedy the failure. ``(C) Termination of proceedings.--If the Administrator determines that the State apprenticeship agency's corrective action under subparagraph (A) has addressed the agency's failure identified under paragraph (2), the Administrator shall-- ``(i) restore the agency's full funding allocation under this title for the next full fiscal year; and ``(ii) notify the State apprenticeship agency that the agency's recognition will not be withdrawn under this section for the reason for which the agency's funding under this title was most recently reduced. ``(D) Opportunity for hearing.-- ``(i) In general.--In a case in which a State apprenticeship agency fails to remedy a failure identified under paragraph (2), the Administrator shall-- ``(I) notify, in writing, the State apprenticeship agency of the failure of the State apprenticeship agency, including a description of such failure and an explanation that the agency's recognition under this section may be withdrawn as a result of such failure; and ``(II) offer the State apprenticeship agency an opportunity to request a hearing not later than 30 days after the date of such notice. ``(ii) Referral to office of administrative law judges.--In a case in which the State apprenticeship agency requests a hearing under clause (i)(II), the Administrator shall refer the matter to the Office of Administrative Law Judges for a recommended decision by the Administrative Review Board for final agency action. ``(4) Requirements regarding withdrawal of recognition.-- ``(A) Office of apprenticeship.-- ``(i) Prior to order.--Prior to the withdrawal of the recognition of a State apprenticeship agency under this section, the Administrator shall-- ``(I) provide to the State apprenticeship agency an order withdrawing recognition of such agency under this section; and ``(II) establish a State Office of Apprenticeship; and ``(ii) After order.--Not later than 30 days after the date of such order, provide notification of the withdrawal to the sponsors of the programs under the national apprenticeship system in such State that were registered with the State apprenticeship agency to enable each such sponsor to be registered with the Administrator (acting through the State Office of Apprenticeship established under clause (i)(II)). ``(B) State apprenticeship agency requirements.--A State agency whose recognition as a State apprenticeship agency under this section has been withdrawn under paragraph (3) shall-- ``(i) provide to the Administrator program standards, apprenticeship agreements, completion records, cancellation and suspension records, performance metrics, and any other documents relating to the State's programs under the national apprenticeship system in the State; ``(ii) cooperate fully during the transition period beginning on the date of the order withdrawing such recognition and ending on the date on which the Administrator establishes a State Office of Apprenticeship in the State; and ``(iii) return any unused funds received under this Act. ``(5) Reinstatement of recognition.--A State apprenticeship agency that has had its recognition withdrawn under this section may have such recognition reinstated upon presentation of adequate evidence that the State apprenticeship agency has-- ``(A) submitted an application under subsection (a)(2); and ``(B) demonstrated the ability to operate in compliance with the requirements of this Act. ``(f) Reservation and State Allotments.-- ``(1) State allotments.-- ``(A) In general.--Of the amount appropriated under subsection (g) for a fiscal year-- ``(i) 33 \1/3\ percent shall be equally distributed among each State Office of Apprenticeship, outlying area, and eligible State; and ``(ii) 66 \2/3\ percent shall be allotted to eligible States on the basis described in subparagraph (B). ``(B) Formula.-- ``(i) In general.--Of the amount available under subparagraph (A)(ii)-- ``(I) 25 percent shall be allotted on the basis of the relative share of program participants in each eligible State, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total number of program participants in all eligible States, as determined on such basis; ``(II) 25 percent shall be allotted on the basis of the relative share of program participants who have completed a program under the national apprenticeship system in each eligible State during the most recent 5-year period, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total 5-year average of program participants who have completed a program in all eligible States, as determined on such basis; and ``(III) 50 percent shall be allotted on the basis described in clause (ii). ``(ii) Allotments based on bls and acs data.--Of the amount available under clause (i)(III)-- ``(I) 33\1/3\ percent shall be allotted on the basis of the relative share of individuals in the civilian labor force in each eligible State, compared to the total number of individuals in the civilian labor force in all eligible States; ``(II) 33\1/3\ percent shall be allotted on the basis of the relative share of individuals living below the poverty line in each eligible State, compared to the total number of individuals living below the poverty line in all eligible States; and ``(III) 33\1/3\ percent shall be allotted on the basis of the relative number of unemployed individuals in each eligible State, compared to the total number of unemployed individuals in all eligible States. ``(2) Definitions.--In this subsection-- ``(A) Eligible state.--The term `eligible State' means a State (as defined in section 2) that has a State apprenticeship agency. ``(B) Poverty line.--The term `poverty line' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(C) Unemployed individual.--The term `unemployed individual' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $75,000,000 for fiscal year 2022; ``(2) $85,000,000 for fiscal year 2023; ``(3) $95,000,000 for fiscal year 2024; ``(4) $105,000,000 for fiscal year 2025; and ``(5) $115,000,000 for fiscal year 2026. ``SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDUCATION. ``(a) In General.--Not later than 1 year after the effective date of the National Apprenticeship Act of 2021, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary (acting through the Administrator) shall-- ``(1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and ``(2) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of Senate, such agreement and any modifications to such agreement. ``(b) Alignment for Youth Apprenticeships.--In order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a) shall describe how the Secretaries will work to provide-- ``(1) information and resources to-- ``(A) parents and students to promote a better understanding of programs under the national apprenticeship system and their value in secondary and postsecondary education and career pathways by not later than middle school, and that are in user-friendly formats and languages that are easily accessible, as determined by the Secretaries; and ``(B) school leaders (working with academic counselors, teachers, and faculty) about the value of such programs and information on how to effectively align youth apprenticeship programs with secondary and career and technical education programs; and ``(2) technical assistance on how to-- ``(A) align related instruction and apprenticeable occupation skills and competencies to high school graduation requirements; ``(B) offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)); ``(C) facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree, and related apprenticeship opportunities; and ``(D) align activities carried out under this Act with eligible funding from, and planning processes for, the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(c) Apprenticeship College Consortium.--In order to support the establishment of a college consortium of postsecondary educational institutions, including minority serving institutions, related instruction providers, sponsors, qualified intermediaries, employers, labor organizations, and joint labor-management organizations for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will-- ``(1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 enroll in, or complete, postsecondary coursework while participating in a program under such system; ``(2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act; ``(3) require all participants of the apprenticeship college consortium to enter into agreements to-- ``(A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; ``(B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and ``(C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training; ``(4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.), for related instruction for programs under the national apprenticeship system; ``(5) provide to consortium participants or potential participants information regarding-- ``(A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the consortium; ``(B) information on how to develop an apprenticeship program; ``(C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and ``(D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and ``(6) support information regarding the apprenticeship consortium being made available on a publicly accessible website, including-- ``(A) a list of participating members of the consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and ``(B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. ``(d) Best Practice Development and Sharing.-- ``(1) Dissemination.--Such interagency agreement shall require that the Secretaries disseminate information on the value of programs under the national apprenticeship system, including relevant placement, retention, and earnings information, labor market data from the local area, and sector forecasts to determine high-skill, high-wage, or in-demand industry sectors or occupations of such programs, to local education and training providers, labor organizations, or joint labor-management organizations (including those representing teachers). ``(2) Clearinghouse.--Such agreement shall require the Secretaries to create a clearinghouse of best practices-- ``(A) for improving performance and increasing alignment of education and programs under the national apprenticeship system, including career pathways; and ``(B) publicly disseminate information and resources on-- ``(i) replicable related instruction and on-the-job learning; and ``(ii) how to build an understanding of apprenticeship opportunities available to students. ``(e) Data Sharing Agreement.--The Secretaries shall disseminate best practices for the alignment of education records and records of programs under the national apprenticeship system, including information on program participants who enroll in, complete, and receive academic credit for postsecondary coursework while participating in such a program. ``(f) Secretaries Defined.--In this section, the term `Secretaries' means the Secretary of Labor and the Secretary of Education. ``Subtitle B--Process and Standards for the National Apprenticeship System ``SEC. 121. APPRENTICEABLE OCCUPATIONS STANDARDS. ``For an occupation to be an apprenticeable occupation under this Act, a person seeking approval for such occupation to be an apprenticeable occupation shall submit an application to the Administrator that demonstrates that such apprenticeable occupation is in-demand and will prepare individuals for the full range of skills and competencies needed for such occupation by describing how such apprenticeable occupation shall-- ``(1) meet the industry-recognized occupational standards under section 111(b)(5)(C); or ``(2) involve the progressive attainment of skills, competencies, and knowledge that are-- ``(A) clearly identified and commonly recognized throughout the relevant industry or occupation; ``(B) customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job supervised learning and related instruction to supplement such learning; and ``(C) offered through a time-based, competency- based, or hybrid model as described in section 122(b)(1)(E). ``SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``(a) In General.--The Secretary, acting through the Administrator, shall formulate and promote the furtherance of quality standards necessary to safeguard the welfare of apprentices, pre-apprentices, and youth apprentices. ``(b) Apprenticeship Program Standards.--In addition to the standards described in subsection (e), an apprenticeship program shall meet the following standards: ``(1) The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information: ``(A) The employment and training to be received by each apprentice participating in the program, including-- ``(i) an outline of the work processes or the plan in which the apprentice will receive supervised work experience, on-the-job training, and on-the-job learning; ``(ii) the allocation of the approximate amount of time that will be spent in each major work process by the apprentice; ``(iii) a description of the mentoring that will be provided to the apprentice; and ``(iv) a description or timeline explaining the periodic reviews and evaluations of the apprentice's performance on the job and in related instruction. ``(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). ``(C) A description of the organized related instruction the apprentice will receive in technical subjects related to the occupation, which-- ``(i) for time-based or hybrid apprenticeship programs as described in paragraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the registration agency; ``(ii) may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency; ``(iii) shall be provided by one or more qualified instructors that-- ``(I)(aa) meet technical instructor requirements of the applicable education agency in the State of registration; or ``(bb) are subject matter experts, defined for purposes of this subparagraph as individuals recognized within an industry as having expertise in a specific occupation; and ``(II) have training in teaching techniques and learning styles, or will obtain such training before providing the related technical instruction; ``(iv) where appropriate and to the extent practicable, shall be aligned to a career pathway; and ``(v) where appropriate and to the extent practicable, incorporate the principles of universal design for learning under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ``(D) A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is-- ``(i) consistent with measurable skill gains; and ``(ii) ensures the entry wage is not less than the greater of-- ``(I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or ``(II) the applicable wage required by other applicable Federal or State laws (including regulations) or collective bargaining agreements. ``(E) The term of the apprenticeship program, which may be measured using-- ``(i) a time-based model, which requires the completion of the industry standard for on- the-job learning hours, which in no case shall be less than a cumulative 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor from a nontraditional apprenticeship industry or occupation as of the date of the enactment of the National Apprenticeship Act of 2021 that reflects industry standards and the relative hazards of the occupation, and is accepted by the Secretary and registration agency; ``(ii) a competency-based model, which requires the attainment of competency in the occupation; or ``(iii) a hybrid model, which blends the time-based and competency-based approaches. ``(F) The methods used to measure an apprentice's skills and competencies, which may include an initial diagnostic assessment or assessment of credentials that verify an individual's foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include-- ``(i) in the case of a time-based apprenticeship described in subparagraph (E)(i), the individual apprentice's completion of the required hours of on-the-job learning as described in a work process schedule; ``(ii) in the case of a competency-based model described in subparagraph (E)(ii), the individual apprentice's successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on- the-job learning component of the apprenticeship; or ``(iii) in the case of a hybrid apprenticeship described in subparagraph (E)(iii), a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency, as described in subparagraph (E)(i) and a work process schedule. ``(2) The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills, and provides commensurate wages for any progression in standing or credit so granted, including for veterans' service- acquired skills and experiences. ``(3) The program has minimum qualifications for individuals desiring to enter the apprenticeship program, with an eligible starting age for an apprentice of not less than 16 years. ``(4) In the case of a program that chooses to issue an interim credential, the program-- ``(A) clearly identifies each interim credential; ``(B) only issues an interim credential for recognized components of an apprenticeable occupation and demonstrates how each interim credential specifically links to the knowledge, skills, and abilities associated with such components; and ``(C) establishes the process for assessing an individual apprentice's demonstration of competency and measurable skill gains associated with the particular interim credential. ``(c) Pre-Apprenticeship Program Standards.--In addition to the standards described in subsection (e), a pre-apprenticeship program shall meet the following standards: ``(1) The program is designed to assist individuals who do not meet minimum qualifications for an apprenticeship program as described in subsection (b) and prepare them to enter and succeed in such an apprenticeship programs, including by providing the skills and competency attainment needed to enter the apprenticeship program. ``(2) The program-- ``(A) is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program; ``(B) demonstrates the existence of an active, advisory partnership with an industry or sector partnership to inform the training and education services necessary for a pre-apprenticeship program; ``(C) demonstrates evidence of sufficient demand in an apprenticeship program at the completion of a pre- apprenticeship program to support a transition from a pre-apprenticeship to an apprenticeship; and ``(D) demonstrates partnerships with qualified intermediaries, community-based organizations, labor organizations, or joint labor-management organizations. ``(3) The program includes a written plan developed by the sponsor of the pre-apprenticeship program that is developed in consultation with the sponsor of the apprenticeship program described in paragraph (2)(A), that-- ``(A) provides for work-based learning, and paid work-based learning to the extent practicable, in which an industry or sector partnership and a related instruction provider collaborate to provide training that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations; ``(B) is based on and aligned with national, State, regional, or local industry standards for high-skill, high-wage, or in-demand industry sectors and occupations, and the requirements of the related apprenticeship program; ``(C) to the extent appropriate and practicable, meets the related instruction requirements as described in clauses (ii) through (iv) of subsection (b)(1)(C) that includes enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship program; and ``(D) includes mentoring, career exposure, career planning, and career awareness activities. ``(d) Youth Apprenticeship Program Standards.--In addition to the standards described in subsection (e), a youth apprenticeship program shall meet the following standards: ``(1) The program is designed for youth apprentices who at the start of the program are enrolled in high school. ``(2) The program includes each of the following core elements: ``(A) The employment and training to be received by each youth apprentice participating in the program, including-- ``(i) an outline of the work processes or the plan in which the youth apprentice will receive supervised work experience and on-the- job training or in an experiential setting; ``(ii) the allocation of the approximate amount of time that will be spent in each major work process by the youth apprentice; ``(iii) a description of the mentoring that will be provided to the youth apprentice; and ``(iv) a description or timeline explaining the periodic reviews and evaluations of the youth apprentice's performance on the job and in related instruction. ``(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). ``(C) Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and-- ``(i) is, to the extent practicable, aligned with high school diploma requirements and career clusters; and ``(ii) meets the additional requirements as described in subsection (b)(1)(C). ``(D) A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice. ``(E) The term of the youth apprenticeship program, as described in subsection (b)(1)(E). ``(F) For a competency-based or hybrid youth apprenticeship program, the methods used to measure skill acquisition for a youth apprentice, including ongoing assessment against established skill and competency standards as described in subsection (b)(1)(F). ``(G) Prepares the youth apprentice for placement in further education, employment, or an apprenticeship program. ``(3) The program equally grants advanced standing or credit to all individuals applying for the youth apprenticeship with demonstrated competency or acquired experience, training, or skills. ``(4) In the case of a youth apprenticeship program that chooses to issue an interim credential, the program meets the requirements of subsection (b)(4). ``(e) General Requirements.--Each program under the national apprenticeship system shall meet the following standards: ``(1) The program-- ``(A) has adequate and safe equipment, environments, and facilities for training and supervision; ``(B) provides safety training on-the-job and in related instruction as applicable by the apprenticeable occupation; and ``(C) provides adequate training for mentors and qualified instructors on providing a safe work and training environment. ``(2) The program records and maintains all records concerning the program as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program. ``(3) The program provides-- ``(A) all individuals with an equal opportunity to participate in the program as described in subparagraphs (B) and (C) of section 111(b)(7); and ``(B) materials that conform with accessibility standards under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), such as materials that conform with the most recent Web Content Accessibility Guidelines. ``(4) The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and in the case of apprenticeships and youth apprenticeships, prepares a program participant to obtain a recognized postsecondary credential. ``(5) The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement described in section 123 with the sponsor of the program. ``(6) The numeric ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the apprenticeable occupation, that are based on evidence-based and evidence- informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations, and consistent with provisions in collective bargaining agreements, as applicable, except if such ratios are expressly prohibited by the collective bargaining agreements. ``SEC. 123. APPRENTICESHIP AGREEMENTS. ``(a) In General.--To ensure the standards described in section 122 are applied to programs under the national apprenticeship system, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall-- ``(1) be the same for each program participant; ``(2) contain the names and signatures of the program participant and the sponsor; ``(3) meet the requirements of subsection (b); and ``(4) be submitted to the registration agency in accordance with section 124 by the program sponsor. ``(b) Standards.--Each agreement under subsection (a) shall contain, explicitly or by reference, program standards under section 122, including-- ``(1) in the case of an apprenticeship program-- ``(A) that is time-based, a statement of the number of hours to be spent by the program participant in on- the-job learning and on-the-job training in order to complete the program; ``(B) that is competency-based, a description of the skill sets to be attained by completion of the program, including the on-the-job learning and work components; or ``(C) that is a hybrid model, the minimum number of hours to be spent by the program participant in on-the- job learning and work components and in related instruction, and a description of the skill sets and competencies to be attained by completion of the program; ``(2) the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur for participating in the program (such as for equipment, related instruction, or assessment or licensure fees), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion; ``(3) a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process; ``(4) for apprenticeships or youth apprenticeships, the graduated wage scale to be paid to the apprentices, benefits offered to the apprentices, and how the wages and benefits compare to State, local, or regional wages in the related occupation; and ``(5) demonstration of commitment to and compliance with subparagraphs (B) and (C) of section 111(b)(7). ``SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``(a) Program Registration Application.--In order to bring together employers and labor for the formulation of programs under the national apprenticeship system, the Administrator shall provide for the registration of programs in which a sponsor applying to register a program under the national apprenticeship system shall request registration of such program from a registration agency by submitting the information required by the registration agency, including-- ``(1) information demonstrating that each of the requirements of section 122 will be met for the program; ``(2) a copy of the apprenticeship agreement described in section 123 used by the sponsor; ``(3) a written assurance that, if the program is registered under this Act, the sponsor will administer the program in accordance with the requirements of this Act and comply with the requirements of the apprenticeship agreement for each apprentice; and ``(4) methods the program sponsor will use to report performance data describing outcomes associated with the program as required by the registration agency-- ``(A) on an annual basis for any program sponsor with fewer than 5 program participants; or ``(B) on a quarterly basis for any program sponsor with 5 or more program participants. ``(b) Recognition and Registration Process.-- ``(1) Review and approval process.-- ``(A) Provisional approval review.--An application submitted under subsection (a) that the registration agency determines meets the requirements described in such subsection shall be registered for a provisional 1-year period beginning not later than 30 days after such application is submitted. During such period, the registration agency shall accept and record the apprenticeship agreement as evidence of the program's compliance and registration to operate such program. ``(B) Full approval or extended provisional approval.--By the end of a provisional registration period for a program, the registration agency providing provisional approval under subparagraph (A) shall review the program for quality and for compliance with the applicable standards under this subtitle and all other applicable program requirements under this Act, and-- ``(i) if a registration agency conducting a provisional review determines that the program complies with the standards and requirements under this Act, the registration agency shall fully approve the registration of the program; or ``(ii) if a registration agency conducting a provisional review determines that the program is not conforming to the requirements or standards under this Act, the registration agency may continue the provisional registration of the program through the first full training cycle for program participants, and conduct an additional provisional review at the conclusion of the training cycle. ``(C) Failure to meet requirements.--If, after an initial provisional review under subparagraph (A), a registration agency conducting such provisional review determines that the program is not in operation or does not conform to the requirements under this Act, the registration agency shall recommend technical assistance and corrective action for the program, or deregistration, in accordance with procedures established under subsections (b) and (c) of section 131. ``(2) Certificate of registration.-- ``(A) In general.--A registration agency that registers a program under paragraph (1) shall-- ``(i) provide the sponsor of the program with a certificate of registration or other written evidence of registration; and ``(ii) provide a copy of the certificate of registration to the Secretary of Veterans Affairs or the applicable State veterans agency for the purpose of aligning the registration process with the process for approving such program for eligible veterans' use of supplemental educational assistance benefits. ``(B) Registration name.--A program shall be registered in the name of the sponsor, or if a sponsor enters into a partnership with an employer who registers the program, in the name of the employer. ``(3) Program participant registration.--A sponsor providing a program that is registered in accordance with paragraph (2) shall provide to an individual seeking to be a program participant the opportunity to apply through the sponsor, and shall-- ``(A) enter into a written individual apprenticeship agreement described in section 123 with each such individual before the commencement of the program; and ``(B) individually register each program participant with the registration agency by filing a copy of the individual apprenticeship agreement with the registration agency or as otherwise required by the registration agency, and sharing a copy with the Administrator as appropriate, as described under section 123(a)(4). ``(4) Transition process for previously approved programs.--With respect to a program that was registered under this Act as of the day before the date of enactment of the National Apprenticeship Act of 2021, the registration agency shall take such steps as necessary to-- ``(A) in the case of a program that meets of the requirements of this Act, maintain the status of the sponsor of the program as of the date before such date of enactment as the sponsor of such program under this Act; and ``(B) in the case of a program that does not meet the requirements of this Act, provide technical assistance to the sponsor of such program to ensure that the sponsor is in compliance with this Act not later than 3 years after the date of enactment of the National Apprenticeship Act of 2021. ``(c) Modifications or Changes to Youth Apprenticeship, Pre- Apprenticeship, or Apprenticeship Programs.-- ``(1) Sponsor proposal.--Any sponsor that wishes to modify a program, including the program's method of meeting the standards required under this Act, shall submit the proposal for such change or modification to the registration agency for the program. ``(2) Registration agency requirements.-- ``(A) In general.--The registration agency shall determine whether to approve the proposal and notify the sponsor of the determination by not later than 60 days after receipt of the proposal. ``(B) Approval of proposal.--If the proposal is approved, the registration agency shall amend the record of the program to reflect the modification or change, and provide the sponsor or program administrator with an acknowledgment of the amended program, by not later than 30 days after the date of approval. ``(C) Disapproval of proposal.--If the proposal is not approved, the registration agency shall-- ``(i) notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered; ``(ii) provide the sponsor with the opportunity to submit a revised modification proposal, including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act; and ``(iii) in a case in which the sponsor submits a revised modification proposal, not later than 60 days after receipt of such proposal-- ``(I) approve the proposal; or ``(II) disapprove the proposal and provide the sponsor with technical assistance to maintain the program as originally registered. ``(D) List of disapproved programs.--The registration agency shall maintain a list of programs that were disapproved which includes the reasons for each such disapproval and provide such list to the Administrator at least annually. ``Subtitle C--Evaluations and Research ``SEC. 131. PROGRAM EVALUATIONS. ``(a) Purpose.--The purpose of this section is to provide program performance transparency across the programs under the national apprenticeship system, assess the effectiveness of States in achieving positive outcomes for program participants served by those programs, and establish performance accountability measures related to program completion and key indicators of performance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). ``(b) Reviews by Registration Agencies.-- ``(1) Performance reviews.-- ``(A) In general.--A registration agency shall-- ``(i) annually collect performance data for each program registered under section 124 by such agency to determine-- ``(I) the performance of the program with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i) or in the case of a youth apprenticeship program, section 116(b)(2)(A)(ii)) of such Act (29 U.S.C. 3141(b)(2)(A)(ii)), as applied to programs under the national apprenticeship system; and ``(II) the completion rates of the program; and ``(ii) provide technical assistance for the collection of the information under clause (i) of this subparagraph and subparagraph (B), as necessary. ``(B) Reports.--The registration agency for a State shall annually prepare and submit to the Administrator a State performance report that includes the following information with respect to each program registered under section 124 by such agency, including-- ``(i) information specifying the levels of performance described in subparagraph (A), as compared to goals set in section 113(c)(8)(A)(i); ``(ii) the percentage of program participants by race, sex ethnicity and, to the extent practicable, by individuals with disabilities, as compared to such percentages within the working age population who are in the geographical area from which the sponsor usually seeks or reasonably could seek program participants and who meet the minimum eligibility requirements for entry into in the program; ``(iii) the percentage of program participants served by each of the programs that obtained unsubsidized employment in a field related to the apprenticeable occupation; ``(iv) the average time to completion for the program as compared to the description in the agreement under paragraphs (1) and (2) of section 123(b); ``(v) the average cost per participant during the most recent program year and the 3 preceding program years; ``(vi) the percentage of program participants who received supportive services; ``(vii) information on the State's activities required under section 113(c), including the State's uses of funds; and ``(viii) the disaggregation of the performance data described in clauses (i) through (vi)-- ``(I) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and ``(II) by race, ethnicity, sex, age, veteran status, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)). ``(C) Reports to congress.--Not later than 60 days after receiving a report under subparagraph (B), the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(D) Publication.--The Administrator shall annually make available on a publicly accessible website each report received under subparagraph (B) not later than 30 days after receipt of such report. ``(2) Comprehensive program reviews.-- ``(A) In general.--A registration agency shall periodically review each program registered under section 124 by such agency for quality assurance and compliance with the requirements of this Act. ``(B) Timing of reviews.--A review described in subparagraph (A) shall occur-- ``(i) at the end of the first full training cycle of program participants under the program; and ``(ii) beginning after the review described in clause (i) at least once every 5 years. ``(C) Review.--The review shall be a comprehensive review regarding all aspects of the program performance, including-- ``(i) determining whether the registration agency is receiving notification from the sponsor of a program regarding individuals who are registered as new youth apprentices, pre- apprentices, or apprentices under the program, or who successfully complete the program, as required under this Act; ``(ii) determining whether the sponsor of the program is complying with the requirements of this Act; ``(iii) evaluating the performance of the sponsor with respect to, at a minimum, the indicators described in paragraph (1)(A)(i), with the performance data disaggregated as described in paragraph (1)(B)(viii); and ``(iv) ensuring the sponsor's compliance with the requirement to provide equal opportunity in recruitment, training, and employment as described in subparagraphs (B) and (C) of section 111(b)(7). ``(D) Reports.--On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. ``(c) Subsequent Action.-- ``(1) Technical assistance.--The registration agency shall provide technical assistance to the sponsor and identify areas that require technical assistance, including-- ``(A) to support the sponsor in creating a plan to meet the State goals described in section 113(c)(8)(A)(ii), as applicable; and ``(B) assistance in the development of a performance improvement plan if the registration agency determines, pursuant to any review under subsection (b), that the youth apprenticeship, pre-apprenticeship, or apprenticeship program-- ``(i) is not in operation; ``(ii) is not in compliance with the requirements of this Act; or ``(iii) is achieving levels of performance on any indicators described in subsection (b)(1)(A)(i) that are lower than the State goals for any program year. ``(2) Corrective action and deregistration of an apprenticeship program.--The registration agency may take corrective action, and if warranted, deregister a youth apprenticeship, pre-apprenticeship, or apprenticeship program, after making a determination that the program demonstrates persistent and significant failure to perform successfully, which occurs when-- ``(A) the sponsor of the program consistently fails to register at least 1 program participant; ``(B) the program shows a pattern of poor results on the indicators described in subsection (b)(1)(A)(i) over a period of 3 years, given the characteristics of program participants and economic conditions in the area served, or are lower than the national or State average; ``(C) the program shows no indication of improvement in the areas identified by the registration agency and in the performance improvement plan under paragraph (1); or ``(D) the sponsor has not administered the program in accordance with the program's registration, as applicable, or with the requirements of this Act. ``(3) Notification and hearing.--If the registration agency makes a determination described in paragraph (2), the registration agency shall notify the Secretary and the sponsor of the determination in writing, and permit the sponsor to request a hearing by the Office of Administrative Law Judges. The registration agency shall transmit to the Secretary a report containing all pertinent facts and circumstances concerning the determination, including findings and a recommendation for deregistration, and copies of all relevant documents and records. If the sponsor does not request the hearing not later than 15 days after receiving such notification, the registration agency shall deregister the program after the period for requesting such a hearing has expired. ``(4) Notification and treatment of apprentices.--Not later than 15 days after the registration agency deregisters a program, the sponsor or program administrator shall notify program participant-- ``(A) of such deregistration and the effective date; ``(B) that such deregistration automatically deprives the program participant of individual registration as part of such youth apprenticeship, pre- apprenticeship, or apprenticeship program, including the ability to receive a certificate of completion from the registration agency; ``(C) that the deregistration of the program removes the program participant from eligibility for any Federal financial or other assistance, or rights, privileges, or exemptions under Federal law, that-- ``(i) relates to an apprentice; and ``(ii) requires the registration agency's approval; and ``(D) that all youth apprentices, pre-apprentices, or apprentices are referred to the registration agency for information about potential transfers to other programs under the national apprenticeship system. ``SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH. ``(a) Research.--The Secretary shall conduct, through an independent entity, research for the purpose of improving the management and effectiveness of the programs and activities carried out under this Act and to assist in the evaluation of the programs as described in section 131. ``(b) Techniques.--The research conducted under this section shall utilize appropriate methodology and research designs. ``(c) Contents.--Such research shall address-- ``(1) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities-- ``(A) improve the skill and employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities; ``(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such programs and activities; ``(C) respond to the needs reflected in labor market data in the local area and align with high- skill, high-wage, or in-demand industries or occupations; ``(D) demonstrate a return on investment of Federal, State, local, sponsor, employer, and other funding for programs under the national apprenticeship system, capturing the full level of investment in, and impact of, such programs under the national apprenticeship system; and ``(E) regularly assess the impact of apprenticeship programs under the national apprentice system in effectively increasing the participation of women, minorities, individuals with disabilities, long term unemployed, individuals impacted by the criminal and juvenile justice system, foster and former foster youth, and individuals with barriers to employment; ``(2) the impact of the National Apprenticeship Act of 2021 on the general effectiveness of programs under the national apprenticeship system, including the implementation of policies such as dual or concurrent enrollment programs, advanced standing, or industry recognized apprenticeable occupations; ``(3) best practices in increasing participation of nontraditional apprenticeship populations and individuals with barriers to employment, including individuals with disabilities, in programs under the national apprenticeship system; and ``(4) opportunities to scale up effective models under the national apprenticeship system. ``(d) Reports.-- ``(1) Independent entity.--The independent entity carrying out the research shall prepare and submit to the Secretary-- ``(A) an interim report containing findings from the research; and ``(B) a final report containing the results of the research, including policy recommendations. ``(2) Reports to congress.--Not later than 60 days after receipt of the interim report and final report described in subparagraphs (A) and (B) of paragraph (1), respectively, the Secretary shall submit each report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(e) Public Access.--The Secretary shall make the interim and final reports available on a publicly accessible website not later than 60 days after the receipt of the interim and final report. ``(f) Demonstration Authority.-- ``(1) In general.--The Secretary is authorized to initiate demonstration projects, subject to the recommendation of two- thirds of the voting members of the Advisory Committee, such that each demonstration project-- ``(A) is limited in size and scope; ``(B) has a duration of no more than 3 years; ``(C) is carried out in nontraditional apprenticeship industries or occupations, such as advanced manufacturing or information technology; and ``(D) which may include activities that respond to the COVID-19 public health emergency. ``(2) Limitation on funding.--In initiating demonstration projects under subsection (a), the Secretary may not use more than $2,000,000 annually from the funding authorized under section 141(a). ``Subtitle D--General Provisions ``SEC. 141. AUTHORIZATION OF APPROPRIATIONS. ``(a) Office of Apprenticeship.--There are authorized to be appropriated to carry out sections 111, 112, 131, and 132-- ``(1) $50,000,000 for fiscal year 2022; ``(2) $60,000,000 for fiscal year 2023; ``(3) $70,000,000 for fiscal year 2024; ``(4) $80,000,000 for fiscal year 2025; and ``(5) $90,000,000 for fiscal year 2026. ``(b) Interagency Agreement.--There are authorized to be appropriated to carry out section 114-- ``(1) $10,000,000 for fiscal year 2022; ``(2) $12,000,000 for fiscal year 2023; ``(3) $14,000,000 for fiscal year 2024; ``(4) $16,000,000 for fiscal year 2025; and ``(5) $18,000,000 for fiscal year 2026. ``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY GRANTS ``SEC. 201. GRANT REQUIREMENTS. ``(a) Authority.-- ``(1) In general.--The Administrator shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis for the following purposes: ``(A) Creation and expansion activities.--To expand the offerings of programs under the national apprenticeship system-- ``(i) to create new apprenticeship programs in a nontraditional apprenticeship industry or occupation, such as for programs demonstrating demand in information technology, computer science, energy (including renewable energy), green jobs (including environmental protection and conservation), advanced manufacturing, health care, agriculture, forestry, fishing and hunting, hospitality and tourism, media and entertainment, education (including early childhood education), or cybersecurity; ``(ii) to expand existing apprenticeship programs demonstrating labor market demand; ``(iii) to create new or expand existing pre-apprenticeship programs; or ``(iv) to create new or expand existing youth apprenticeship programs. ``(B) Encouraging employer participation.--To encourage employer participation in programs under the national apprenticeship system-- ``(i) that target individuals with barriers to employment in youth apprenticeship, pre- apprenticeship, or apprenticeship programs, prioritizing nontraditional apprenticeship populations such as women, minorities, English language learners, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth; ``(ii) that are in high-need social service-related industries, sectors, or occupations, such as direct care workers and early childhood, elementary school, and secondary school educators; ``(iii) that target individuals currently or recently incarcerated; or ``(iv) among small- and medium-sized employers. ``(C) Intermediary grants.--To establish or expand sector-based partnerships for the delivery of programs under the national apprenticeship system to significant scale through-- ``(i) national industry qualified intermediaries in key sectors, including manufacturing, information technology, cyber security, health care, insurance and finance, energy, hospitality, retail, construction, and other sectors identified by the Administrator and the Advisory Committee as targeted for expansion under the national apprenticeship system; ``(ii) national equity qualified intermediaries serving nontraditional apprenticeship populations, women, minorities, individuals with disabilities, and individuals impacted by the criminal or juvenile justice system; or ``(iii) local or regional qualified intermediaries serving programs under the national apprenticeship system. ``(D) Educational alignment.--To strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary, postsecondary, and adult education systems, including degree and credential requirements. ``(2) Duration.-- ``(A) In general.--The Administrator shall award grants, contracts, or cooperative agreements under this subsection for a period of not more than 3 years. ``(B) Extension.--The eligible entity may apply for, and the Administrator may grant, an extension of the grant period for not more than 1 additional 2-year period, if the grant recipient demonstrates to the Administrator that the recipient-- ``(i) has effectively implemented a project to achieve its stated purpose as described in subsections (e) and (f); ``(ii) has complied with the assurances as described in subsection (e)(9); and ``(iii) has improved applicable outcomes, as demonstrated through indicators referred to in section 203(a)(2). ``(b) Funding Requirements.-- ``(1) Matching funds required.--The Administrator shall require, as a condition of receipt of funds under this section, an eligible entity to match funds awarded under this section in an amount not less than 25 percent of the funds awarded to such recipient under this section. Such eligible entity may make the matching funds available directly or through donations from non-Federal, public, or private organizations, in cash or in kind, fairly evaluated. ``(2) Waiver.--The Administrator may waive the requirement under paragraph (1) if the entity demonstrates that exceptional circumstances prevent the entity from meeting the requirement, such as demonstrating that the entity serves a high proportion of individuals with barriers to employment, or due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible entity. ``(c) Priority and Distribution.-- ``(1) Priority.--In awarding grants, contracts, or cooperative agreements under this section, the Administrator shall give priority to an eligible entity-- ``(A) proposing to serve a high number or high percentage of participants who are from nontraditional apprenticeship populations; and ``(B) providing opportunities in high-wage, high- skill, or in-demand sectors and occupations. ``(2) Geographic distribution.--In awarding grants, contracts, or cooperative agreements under this subsection, the Administrator shall, to the extent practicable, ensure a geographically diverse distribution of such awards, including a geographically diverse distribution among regions of the country and among urban, suburban, and rural areas. ``(d) Eligible Entity.--To be eligible to apply for grants, contracts, or cooperative agreements under this title, an eligible entity shall-- ``(1) demonstrate a partnership with two or more of the following-- ``(A) a State or local workforce development board or State or local workforce agency; ``(B) an education and training provider, or a consortium thereof; ``(C) a State apprenticeship agency; ``(D) an Indian Tribe or Tribal organization; ``(E) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(F) a Governor; ``(G) a labor organization or joint labor- management organization; ``(H) community-based organizations that assist program participants in accessing supportive services; or ``(I) a qualified intermediary; and ``(2) to the extent practicable-- ``(A) be part of an industry or sector partnership; and ``(B) partner with a labor or joint labor- management organization. ``(e) General Application Requirements.--An eligible entity applying for a grant under this section shall submit to the Administrator a description of each of the following: ``(1) Each purpose under subsection (a) for which the applicant intends to use such grant. ``(2) Each entity with which the eligible entity is partnered or engaged under subsection (d) and the role of each such entity in carrying out activities funded under this subsection. ``(3) The ability of the applicant, directly or through partners-- ``(A) to enroll, instruct, advance, and graduate program participants served by the grant activities, and enable the participants to gain employment after program completion; ``(B) to support (including by providing technical assistance) program sponsors and employers (especially small- and medium-sized businesses) in the creation of, recruitment for, and execution of programs under the national apprenticeship system; and ``(C) to provide opportunities to rural communities, as applicable. ``(4) A labor market analysis with respect to the geographic area of service that demonstrates-- ``(A) the need to create or expand the program; and ``(B) a plan to align the activities supported by the grant with the labor market needs of high-skill, high-wage, or in-demand industry sectors or occupations. ``(5) A plan-- ``(A) to comply with requirements for an evaluation and report under section 203; ``(B) as appropriate, to coordinate activities assisted under the grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and any related Federal programs and if appropriate, how funds provided under these programs will be leveraged in support of the programs supported by this grant; ``(C) to use funds awarded under this section in support of the programs supported by this grant, as described in section 202; ``(D) to continue the program after the grant period ends; ``(E) to recruit and retain program participants for pre-apprenticeship, youth apprenticeship, and apprenticeship programs, including from nontraditional apprenticeship populations, such as women, minorities, individuals with disabilities, individuals impacted by the criminal or juvenile justice system, and individuals with barriers to employment; ``(F) to ensure program participants are able to access supportive services, as applicable; and ``(G) to comply with the equal opportunity requirements for diversity described in subparagraphs (B) and (C) of section 111(b)(7) and section 113(c)(5), as applicable. ``(6) For any grants, contracts, or cooperative agreements expanding existing programs under the national apprenticeship system, a description of-- ``(A) a plan to coordinate the activities carried out under the grant with the existing program; and ``(B) the effectiveness of the program, including demonstrations of programmatic components such as program costs to employers and to program participants, completion and placement rates, credential attainment, diversity in populations served, the effectiveness of the program in increasing participant's wages and benefits, or services provided to employers and program participants. ``(7) A description of potential program participants and strategies to support the recruitment, retention, and completion of such participants, including nontraditional apprenticeship populations and individuals with barriers to employment, to the extent practicable. ``(8) A description of strategies to recruit and support employers involved in programs under the national apprenticeship system. ``(9) An assurance that the eligible entity will-- ``(A) provide information to the Administrator, as requested, for any such evaluations as the Administrator may carry out; ``(B) make program performance outcome data available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g) and section 4 of this Act) to independent evaluators to enable the evaluators to prepare the evaluations and research reports described in section 203(a)(1); and ``(C) coordinate grant activities with a State Apprenticeship Agency, if such agency exists in the State where the eligible entity is applying for a grant or carrying out activities. ``(f) Additional Application Requirements.--The Administrator shall require an eligible entity applying for a grant under this title to include as part of their application in subsection (e) the following information, as applicable: ``(1) Creation and expansion activities.-- ``(A) New apprenticeship programs.--An eligible entity applying to create new apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(i) shall include as part of their application a description of-- ``(i) any plans for further expansion upon development of the program; and ``(ii) employers, and to the extent practicable, labor organizations or joint labor-management organizations, engaged in the program creation and implementation. ``(B) Expanding apprenticeship programs.--An eligible entity applying to expand existing apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(ii) shall include as part of their application a description of employers engaged in the program expansion. ``(C) Creating or expanding pre-apprenticeship programs.--An eligible entity applying to create or expand pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iii) shall include as part of their application a description of-- ``(i) a partnership between the eligible entity and at least one apprenticeship program; and ``(ii) existing partnerships with employers acting in either an advisory capacity or actively participating in the pre- apprenticeship program. ``(D) Creating or expanding youth apprenticeship programs.--An eligible entity applying to create or expand youth apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iv) shall include as part of their application a description of-- ``(i) an existing partnership with at least one high school offering related instruction for the youth apprenticeship program, with existing integration into the academic content of the high school diploma requirements, or with demonstrated plans for integration of related instruction into the high school curriculum; and ``(ii) existing partnerships with employers acting in either an advisory capacity or actively participating in the youth apprenticeship program. ``(2) Encouraging employer participation.-- ``(A) Individuals with barriers to employment.--An eligible entity applying to target individuals with barriers to employment for apprenticeship, youth apprenticeship, or pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(B)(i) shall include as part of their application a description of-- ``(i) specific strategies to target both individuals with barriers to employment and employers for participation in the program; and ``(ii) partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion of the program by program participants. ``(B) High-need social service-related industries.--An eligible entity applying to offer pre- apprenticeship, youth apprenticeship, or apprenticeship programs in high-need social service-related industries, sectors, or occupations and carry out activities in accordance with subsection (a)(1)(B)(ii) shall include as part of their application a description of wages and benefits offered to program participants. ``(C) Individuals currently or recently incarcerated.--An eligible entity applying to target individuals currently or recently incarcerated and establish or carry out pre-apprenticeship programs and apprenticeship programs in accordance with subsection (a)(1)(B)(iii) shall include as part of their application a description of-- ``(i) a plan to assist the program participants in obtaining the documentation and work authorization necessary to participate in such program; ``(ii) partnerships with organizations that will assist program participants in accessing activities to improve financial literacy and supportive services; ``(iii) how the assessments used to support the placement of potential program participants into a program accurately reflect the participants' skills and competencies; ``(iv) a plan to provide information about resources to program participants to address mental health or substance abuse issues; ``(v) partnerships with organizations that support-- ``(I) the transition from incarceration to re-entry, such as assistance with housing, transportation, child care, and legal services; and ``(II) successful completion of an apprenticeship or pre-apprenticeship program; ``(vi) wages and benefits offered to program participants that are commensurate with wages for similar work in the State or local area, as allowable; and ``(vii) alignment and necessary supports to comply with and receive the benefits of the Federal Bonding Program and the Prison Industry Enhancement Certification Program for employers participating in apprenticeship programs. ``(D) Small- and medium-sized employers.--An eligible entity applying to engage small- and medium- sized employers and carry out activities in accordance with subsection (a)(1)(B)(iv) shall include as part of their application a description of demonstrated success in engaging small- and medium-sized employers and the ability to recruit new employers to participate in related partnerships or programs, including small businesses owned or controlled by women, minorities, or veterans. ``(3) Intermediary grants.-- ``(A) Supporting national industry and equity intermediaries.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(i) shall include as part of their application a description of the ability of such entity to convene a diverse group of industry specific stakeholders for the purposes of developing or expanding programs, including employers, workforce development organizations, industry associations, labor groups (including joint labor-management organizations), small businesses owned or controlled by women, minorities, or veterans, and education and training providers at a national level or with national reach. ``(B) Serving programs in a local or regional setting.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(ii) shall include as part of their application a description of how such entity will-- ``(i) engage employers, especially small- and medium-sized businesses, in the formation or ongoing development of industry or sector partnerships and programs in the national apprenticeship system; ``(ii) identify the industry or sector partnerships that will be served, and demonstrate alignment to high-skill, high-wage, or in-demand industry sectors or occupations; ``(iii) leverage additional resources, including funding provided by Federal and non- Federal resources; and ``(iv) provide services to program sponsors and program participants. ``(4) Educational alignment.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(D) shall include as part of their application a description of-- ``(A) a demonstration of a partnership with-- ``(i)(I) no less than three sponsors or employers; or ``(II) an industry or sector partnership; and ``(ii) at least 1 of the following-- ``(I) an educational service agency; ``(II) a high school; ``(III) a local educational agency; ``(IV) State educational agency; ``(V) an Indian Tribe, Tribal organization, Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution, as applicable; ``(VI) a postsecondary educational institution; ``(VII) a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)); or ``(VIII) a State higher education agency; and ``(B) a commitment to establishing or expanding the alignment of the related instruction to-- ``(i) the requirements for a high school diploma, which may be fulfilled through a dual or concurrent enrollment program; or ``(ii) the requirements for a recognized postsecondary credential, including the degree requirements for an associate's or bachelor's degree. ``SEC. 202. USES OF FUNDS. ``(a) General Activities.--An eligible entity applying for any grant activity under section 201(a)(1)-- ``(1) shall use at least 5 percent of the grant funds to provide direct financial assistance to apprentices, pre- apprentices, or youth apprentices through emergency grants to support their financial needs to enter, remain enrolled in, and complete such program, such as support for the related costs of supplies and equipment, assessment or licensure fees, courses, transportation, child care, internet access, and housing; and ``(2) may use funds for any of the following activities: ``(A) To establish or expand partnerships with organizations that provide program participants access to financial planning, mentoring, and supportive services that are necessary to enable an individual to participate in and complete a program under the national apprenticeship system. ``(B) To conduct outreach and recruitment activities, including assessments of potential participants for, and enrollment of participants in, a program under the national apprenticeship system. ``(C) To conduct outreach, engagement, recruitment, and coordination of activities with employers, industry associations, labor and joint labor-management organizations, qualified intermediaries, education and training providers, State or local workforce agencies, potential sponsors, community-based organizations, communities with high numbers or percentages of nontraditional apprenticeship populations, small- and medium-sized businesses, or rural communities to establish or expand industry or sector partnerships and opportunities under the national apprenticeship system. ``(D) To carry out grant requirements, including program evaluation and reporting requirements. ``(E) To conduct any activities as described in the application that would advance the purposes of the grant. ``(F) To support the transition to virtual or remote learning or training, as necessary and as approved by the registration agency. ``(b) Additional Uses of Funds.-- ``(1) Creation or expansion activities.-- ``(A) Apprenticeship program creation.--An eligible entity that receives funds under section 201(a)(1)(A)(i) shall use such funding to create and implement an apprenticeship program, which may include-- ``(i) creating and providing training and related instruction based on employer engagement; ``(ii) applying apprenticeship frameworks as described in section 111(b)(5)(C) to the State or local labor market and employer needs; ``(iii) aligning the new program with existing apprenticeship programs; or ``(iv) appropriate equipment, technology, and instructional materials aligned with new program needs, including machinery, testing equipment, tools, implements, hardware and software, and other new and emerging instructional materials. ``(B) Apprenticeship program expansion.--An eligible entity that receives funds under section 201(a)(1)(A)(ii) shall use such funds to expand an existing apprenticeship program, which may include-- ``(i) expanding and enhancing related instruction; ``(ii) conducting outreach to and engagement with employers for the purposes of program expansion, including creation of new or expansion of existing industry or sector partnerships; ``(iii) preparing additional instructors or mentors needed for program expansion; ``(iv) building awareness of apprenticeship program opportunities for State or local workforce development, education, and economic development entities; and ``(v) providing commensurate wages to wages for on-the-job training for program participants during related instruction, as applicable. ``(C) Pre-apprenticeship programs.--An eligible entity that receives funds under section 201(a)(1)(A)(iii) shall use such funds to create a new pre-apprenticeship program or expand an existing pre- apprenticeship program, which may include-- ``(i) coordinating pre-apprenticeship program activities with an apprenticeship program in a high-skill, high-wage, or in- demand industry sector or occupation, including the creation or expansion of work-based learning opportunities, and articulation agreements for those who successfully complete a pre-apprenticeship to earn academic credit and enroll in an apprenticeship program; ``(ii) creating, expanding, or integrating related instruction and work-based learning, which may include training in the workplace and supporting partnerships to create opportunities for pre-apprentices to earn credit at a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program; ``(iii) providing participants with career exploration and career planning activities and with exploration of postsecondary opportunities including apprenticeship programs; ``(iv) with respect to participants without a high school diploma or a generally recognized equivalent, paying the costs affiliated with acquiring such equivalent, and the costs of any related assessments of potential pre- apprentices or active pre-apprentices, including those that would verify the attainment of foundational knowledge and skills necessary to succeed in an apprenticeship program; ``(v) development or expansion of partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of a pre-apprenticeship program; ``(vi) providing commensurate wages to the linked apprenticeship program for pre- apprentices as they participate in and complete the pre-apprenticeship program, as appropriate; ``(vii) paying the cost of related instruction or assessment or licensure fees associated with the pre-apprenticeship program, as appropriate; ``(viii) providing stipends to pre- apprentices enrolled in a pre-apprenticeship program to cover costs such as housing, transportation, childcare or out of pocket expenses resulting from the pre-apprenticeship program such as assessments and fees for industry-recognized credentials or drivers licenses during the time of enrollment; or ``(ix) creating or expanding industry or sector partnerships to support the pre- apprenticeship program and to provide additional opportunities to the pre- apprentices. ``(D) Youth apprenticeship programs.--An eligible entity that receives funds under section 201(a)(1)(A)(iv) shall use such funds to create a new youth apprenticeship program or expand an existing youth apprenticeship program, which may include-- ``(i) paying for the costs associated with curriculum development and alignment of that curriculum with recognized postsecondary credentials including industry-recognized credentials, high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment; ``(ii) providing employers, and to the extent practicable, labor organizations and joint labor-management organizations, technical assistance to support the participation of youth apprentices under the age of 18; ``(iii) integrating work-based and academic learning, which may include training in the workplace; ``(iv) providing career exploration and career planning activities, including exploration of postsecondary opportunities such as apprenticeship programs; ``(v) providing technical assistance to support the participation of small- and medium- sized businesses in youth apprenticeship programs; ``(vi) developing or expanding partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of such a youth apprenticeship program; or ``(vii) providing teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships. ``(2) Incentive funds.-- ``(A) Barriers to employment.--An eligible entity that receives funds under section 201(a)(1)(B)(i) shall use such funds to encourage employer participation in programs under the national apprenticeship system that target individuals with barriers to employment, which may include-- ``(i) providing financial assistance to employers to support costs related to the programs, such as training incumbent workers for participation as mentors or employees supervising the on-the-job learning; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; and ``(iii) establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system. ``(B) High-need social service-related industries.--An eligible entity that receives funds under section 201(a)(1)(B)(ii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system in high need social service-related industries, sectors, or occupations, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors, or employees providing on-the-job training; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; ``(iii) establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system; or ``(iv) aligning such program with career pathways and opportunities for advancement along such career pathways. ``(C) Individuals impacted by the justice system.-- An eligible entity that receives funds under section 201(a)(1)(B)(iii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system that target individuals impacted by the criminal or juvenile justice system, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; or ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction. ``(D) In-demand industry sector or occupation grants for small- and medium-sized businesses.-- An eligible entity that receives funds under section 201(a)(1)(B)(iv) shall use such funds to encourage participation of small- and medium-sized businesses in programs under the national apprenticeship system, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; ``(iii) providing technical assistance to small- and medium-sized businesses on the program registration process and leveraging other available funds to support carrying out programs supported by this grant; or ``(iv) establishing or expanding partnerships to support program development or expansion, including establishing or expanding industry or sector partnerships to ensure inclusion of small- and medium-sized businesses. ``(3) Intermediary grants.-- ``(A) National industry and equity intermediaries.--An eligible entity that receives funds under section 201(a)(1)(C)(i) shall use such funds to carry out activities at a national and regional level to support the promotion and expansion of industry or equity intermediaries, which may include-- ``(i) creating partnerships and leveraging collaborations with employers, workforce development organizations, industry associations, labor organizations, and education and training providers to help multiple employers make education and training more affordable and accelerate the expansion of programs under the national apprenticeship system nationwide; ``(ii) assisting employers in expanding programs, starting new programs, and working together to create a pipeline of skilled workers; ``(iii) increasing the participation and completion of nontraditional apprenticeship populations in programs under the national apprenticeship system, which may include-- ``(I) supporting the development, implementation, and scaling of plans and practices; and ``(II) identifying, developing, and disseminating effective program tools and strategies; ``(iv) providing national activities to increase awareness and access to programs, including strategic marketing and outreach, technology improvements, and innovations that make it easier for employers to start programs and for individuals to connect with program opportunities; ``(v) developing and disseminating training or related instruction associated with the program or for curriculum improvements that align with the requirements of the program and learning assessments; or ``(vi) providing industry employees or potential employees with a clear understanding of future career paths and the skills needed to succeed, along with cost effective ways of acquiring those skills through youth apprenticeship, pre-apprenticeship, or apprenticeship programs. ``(B) Local intermediaries.--An eligible entity that receives funds under section 201(a)(1)(C)(ii) may use such funds to carry out activities at a local or regional level to support the promotion and expansion of programs under the national apprenticeship system, which may include-- ``(i) providing training or related instruction associated with the programs or for curriculum improvements that align with the requirements of the programs and learning assessments; ``(ii) engaging with local education and training providers to support related instruction aligned with the needs of high- skill, high-wage, or in-demand industry sectors and occupations, and to the extent practicable, support the provision of academic credit for related instruction; ``(iii) providing services, including business engagement, classroom instruction, and development of partnerships with organizations that assist program participants in accessing supportive services (which may include the 12- month period after the conclusion of the other activities in the youth apprenticeship and pre- apprenticeship programs involved); ``(iv) providing technical assistance on the registration process for a sponsor of a youth apprenticeship, pre-apprenticeship, or apprenticeship program; ``(v) connecting businesses, labor organizations, or joint labor-management organizations with education and training providers to develop related instruction to complement the on-the-job learning portion of a youth apprenticeship, pre-apprenticeship, or apprenticeship program; ``(vi) providing training to employees to serve as on-the-job trainers or mentors to program participants; and ``(vii) providing career exposure, career planning, and career awareness activities. ``(4) Educational alignment grants.--An eligible entity that receives funds under section 201(a)(1)(D) shall use such funds to strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary and postsecondary education systems, including degree and credential requirements, which may include-- ``(A) creating and aligning the related instruction to requirements for a high school diploma or an associate's or bachelor's degree, including through-- ``(i) dual enrollment and credit articulation for youth apprenticeship programs; ``(ii) articulation agreements; or ``(iii) credit transfer agreements; ``(B) creating or expanding career pathways aligned with pre-apprenticeship, youth apprenticeship, or apprenticeship programs; ``(C) providing professional development for teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals to build an understanding of opportunities in the national apprenticeship system available to students and to incorporate such opportunities into academic content and offerings; ``(D) offering prior learning assessments, which may include credit for prior learning to grant advanced standing in a program under the national apprenticeship system and credit towards an associate's or bachelor's degree; ``(E) maintaining a connection between a pre- apprenticeship or youth apprenticeship program and an apprenticeship program; and ``(F) providing training for instructors or mentors. ``SEC. 203. GRANT EVALUATIONS. ``(a) Recipient Reports.--Each recipient of a grant under this section shall-- ``(1) provide for an independent evaluation of the activities carried out under this title during the grant period; ``(2) provide for an annual report and for a final report at the conclusion of the grant period, which include-- ``(A) a description of how the funds received through the grant were used and how the uses of funds aligned with the description in the application specified in section 201(e)(5)(C); ``(B) in the case of an eligible entity that is required to report data under section 131(b)(1), the data collected under such section for the grant period; ``(C) the total number of active program participants served by each of the grant programs; ``(D) the total number that obtained unsubsidized employment in a field related to the apprenticeable occupation; ``(E) the total number of program participants that completed the program in which they were enrolled; ``(F) the average time to completion for each program as compared to the program standards description under paragraphs (1) and (2) of section 123(b); ``(G) the average cost per participant during the most recent program year and the 3 preceding program years; ``(H) the percentage of participants who received support services; and ``(I) the disaggregation of performance data described in subparagraphs (A) through (H)-- ``(i) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and ``(ii) by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)); and ``(3) submit each report under paragraph (2)-- ``(A) to the registration agency; and ``(B) to the Administrator. ``(b) Administrator Evaluations.-- ``(1) In general.--The Administrator shall prepare-- ``(A) not later than 36 months after the date of enactment of the National Apprenticeship Act of 2021, an interim evaluation on the activities carried out under grants, contracts, or cooperative agreements awarded under this section; and ``(B) not later than 60 months after the date of enactment of the National Apprenticeship Act of 2021, a final evaluation containing the results of the grant activities. ``(2) Contents.--Such evaluations shall address, for the activities carried out under each grant awarded under this section, the general effectiveness of the activities in relation to their cost, including the extent to which the activities-- ``(A) improve the participation in, retention in, and completion of youth apprenticeship, pre- apprenticeship, and apprenticeship programs by nontraditional apprenticeship populations; ``(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such activities; ``(C) respond to the needs reflected in State, regional, or local labor market data; ``(D) align with high-skill, high-wage, or in- demand industries or occupations; and ``(E) reach a wide variety of industry sectors and occupations; ``(3) Reports to congress.--Not later than 60 days after the completion of the interim evaluation and the final evaluation described in this section, the Administrator shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the interim evaluations and a report summarizing the final evaluations. ``(4) Public access.--The Administrator shall make the interim and final reports available on a publicly accessible website not later than 60 days after the completion of the interim report and the final report. ``SEC. 204. GRANT APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title: ``(1) $400,000,000 for fiscal year 2022; ``(2) $500,000,000 for fiscal year 2023; ``(3) $600,000,000 for fiscal year 2024; ``(4) $700,000,000 for fiscal year 2025; and ``(5) $800,000,000 for fiscal year 2026.''. SEC. 4. CONFORMING AMENDMENTS. (a) American Competitiveness and Workforce Improvement Act of 1998.--Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is repealed. (b) Immigration and Nationality Act.--Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended-- (1) in the heading, by striking ``for job training'' and inserting ``for programs under the national apprenticeship system''; and (2) by striking ``for demonstration programs and projects described in section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998'' and inserting ``to carry out title II of the National Apprenticeship Act''. Passed the House of Representatives February 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.

National Apprenticeship Act of 2021

To amend the Act of August 16, 1937 (commonly referred to as the "National Apprenticeship Act") and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre-apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes. To amend the Act of August 16, 1937 (commonly referred to as the National Apprenticeship Act) and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre-apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes.

National Apprenticeship Act of 2021 National Apprenticeship Act of 2021 National Apprenticeship Act of 2021

Rep. Scott, Robert C. "Bobby"

D

VA

This bill provides statutory authority for the registered apprenticeship program within the Department of Labor and for related grant programs. The bill provides statutory authority for the Office of Apprenticeship (OA) within Labor. The OA's responsibilities include (1) supporting the development of apprenticeship models; (2) recognizing qualified state apprenticeship agencies, and operating apprenticeship offices in states without a recognized agency; (3) providing technical assistance to state agencies; (4) periodically updating requirements for each occupation in the apprenticeship program and determining whether to approve new occupations for the program; (5) promoting greater diversity in the national apprenticeship system; and (6) awarding grants provided by this bill. The bill also establishes in statute the responsibilities of state apprenticeship agencies and offices, including (1) providing technical assistance to stakeholders, (2) resolving complaints, (3) establishing state performance goals, and (4) including in its written plan a description of how its apprenticeship programs align with the skills needs of the state's employers. The OA shall enter into an agreement with the Department of Education to promote the integration and alignment of apprenticeship programs with secondary, postsecondary, and adult education. The OA shall award grants, contracts, or cooperative agreements to eligible entities to (1) expand national apprenticeship system programs, including by expanding pre-apprenticeship and youth apprenticeship programs; (2) encourage employer participation; and (3) strengthen alignment between the apprenticeship system and education providers. The bill provides statutory authority for criteria for various programs, including (1) quality standards for apprenticeships, (2) requirements for apprenticeship agreements between a program sponsor and an apprentice, and (3) acceptable uses for grant funds awarded by this bill. The bill also provides statutory authority for the National Advisory Committee on Apprenticeships. The committee's duties shall include advising the OA on matters relating to this bill and providing recommendations on topics such as increasing the participation of populations not traditionally involved in the national apprenticeship system. Labor shall engage an independent entity to conduct research on ways to improve the management and effectiveness of national apprenticeship system programs.

EFFECTIVE DATE. 1. Programs under the national apprenticeship system. Disaggregation of data. State apprenticeship agencies and State Offices of Apprenticeship. Apprenticeable occupations standards. Apprenticeship agreements. ``Subtitle D--General Provisions ``Sec. Grant requirements. Uses of Funds. ``Sec. 2. ``(22) Program participant.--The term `program participant' means an apprentice, a pre-apprentice, or a youth apprentice. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans- service organizations in the State workforce development system; or ``(iii) partnerships among one or more of the entities described in clauses (i) and (ii). ``(26) Related instruction.--The term `related instruction' means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). ), including adult education and literacy activities under such Act. ``(B) The Wagner-Peyser Act (29 U.S.C. ``(E) The Individuals with Disabilities Education Act (20 U.S.C. ``(28) Secretary.--The term `Secretary' means the Secretary of Labor. 3. 5. (other than section 14 of such Act) shall apply to the Advisory Committee. ``(9) Uses of funds.--Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f). ``(C) Disapproval of proposal.--If the proposal is not approved, the registration agency shall-- ``(i) notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered; ``(ii) provide the sponsor with the opportunity to submit a revised modification proposal, including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act; and ``(iii) in a case in which the sponsor submits a revised modification proposal, not later than 60 days after receipt of such proposal-- ``(I) approve the proposal; or ``(II) disapprove the proposal and provide the sponsor with technical assistance to maintain the program as originally registered. ``(D) Reports.--On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. 3101 et seq. ``There are authorized to be appropriated to carry out this title: ``(1) $400,000,000 for fiscal year 2022; ``(2) $500,000,000 for fiscal year 2023; ``(3) $600,000,000 for fiscal year 2024; ``(4) $700,000,000 for fiscal year 2025; and ``(5) $800,000,000 for fiscal year 2026.''. 4.

1. Programs under the national apprenticeship system. State apprenticeship agencies and State Offices of Apprenticeship. Apprenticeable occupations standards. Apprenticeship agreements. Grant requirements. Uses of Funds. ``Sec. 2. ``(22) Program participant.--The term `program participant' means an apprentice, a pre-apprentice, or a youth apprentice. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans- service organizations in the State workforce development system; or ``(iii) partnerships among one or more of the entities described in clauses (i) and (ii). ``(26) Related instruction.--The term `related instruction' means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). ), including adult education and literacy activities under such Act. ``(B) The Wagner-Peyser Act (29 U.S.C. ``(28) Secretary.--The term `Secretary' means the Secretary of Labor. 3. 5. (other than section 14 of such Act) shall apply to the Advisory Committee. ``(D) Reports.--On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. 3101 et seq. ``There are authorized to be appropriated to carry out this title: ``(1) $400,000,000 for fiscal year 2022; ``(2) $500,000,000 for fiscal year 2023; ``(3) $600,000,000 for fiscal year 2024; ``(4) $700,000,000 for fiscal year 2025; and ``(5) $800,000,000 for fiscal year 2026.''. 4.

EFFECTIVE DATE. 1. Programs under the national apprenticeship system. Disaggregation of data. State apprenticeship agencies and State Offices of Apprenticeship. Apprenticeable occupations standards. Apprenticeship agreements. ``Subtitle D--General Provisions ``Sec. Grant requirements. Uses of Funds. Grant evaluations. ``Sec. 2. ``(22) Program participant.--The term `program participant' means an apprentice, a pre-apprentice, or a youth apprentice. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans- service organizations in the State workforce development system; or ``(iii) partnerships among one or more of the entities described in clauses (i) and (ii). ``(24) Recognized postsecondary credential.--The term `recognized postsecondary credential' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(26) Related instruction.--The term `related instruction' means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). ), including adult education and literacy activities under such Act. ``(B) The Wagner-Peyser Act (29 U.S.C. ``(E) The Individuals with Disabilities Education Act (20 U.S.C. ``(L) State unemployment compensation laws (in accordance with applicable Federal law). ``(O) Employment and training activities carried out by the Department of Housing and Urban Development, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Transportation, and the Small Business Administration. ``(28) Secretary.--The term `Secretary' means the Secretary of Labor. 3102); and ``(B) includes each of the outlying areas. 3. 5. 6. 111. A member may serve after the expiration of that member's term until a successor has taken office. (other than section 14 of such Act) shall apply to the Advisory Committee. 113. ``(9) Uses of funds.--Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f). 60541); and ``(iv) the State Temporary Assistance for Needy Families programs under part A of title IV of the Social Security Act. 123. ``(b) Recognition and Registration Process.-- ``(1) Review and approval process.-- ``(A) Provisional approval review.--An application submitted under subsection (a) that the registration agency determines meets the requirements described in such subsection shall be registered for a provisional 1-year period beginning not later than 30 days after such application is submitted. ``(C) Disapproval of proposal.--If the proposal is not approved, the registration agency shall-- ``(i) notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered; ``(ii) provide the sponsor with the opportunity to submit a revised modification proposal, including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act; and ``(iii) in a case in which the sponsor submits a revised modification proposal, not later than 60 days after receipt of such proposal-- ``(I) approve the proposal; or ``(II) disapprove the proposal and provide the sponsor with technical assistance to maintain the program as originally registered. 131. ``(D) Reports.--On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. 201. ``(c) Priority and Distribution.-- ``(1) Priority.--In awarding grants, contracts, or cooperative agreements under this section, the Administrator shall give priority to an eligible entity-- ``(A) proposing to serve a high number or high percentage of participants who are from nontraditional apprenticeship populations; and ``(B) providing opportunities in high-wage, high- skill, or in-demand sectors and occupations. 3101 et seq. ``(F) To support the transition to virtual or remote learning or training, as necessary and as approved by the registration agency. ``There are authorized to be appropriated to carry out this title: ``(1) $400,000,000 for fiscal year 2022; ``(2) $500,000,000 for fiscal year 2023; ``(3) $600,000,000 for fiscal year 2024; ``(4) $700,000,000 for fiscal year 2025; and ``(5) $800,000,000 for fiscal year 2026.''. 4. Passed the House of Representatives February 5, 2021.

EFFECTIVE DATE. 1. Programs under the national apprenticeship system. Disaggregation of data. State apprenticeship agencies and State Offices of Apprenticeship. Apprenticeable occupations standards. Apprenticeship agreements. ``Subtitle D--General Provisions ``Sec. Authorization of appropriations. Grant requirements. Uses of Funds. Grant evaluations. ``Sec. 2. ``(8) Competency.--The term `competency' means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement. ``(15) Minority-serving institution.--The term `minority- serving institution' means an institution defined in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. ``(22) Program participant.--The term `program participant' means an apprentice, a pre-apprentice, or a youth apprentice. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans- service organizations in the State workforce development system; or ``(iii) partnerships among one or more of the entities described in clauses (i) and (ii). ``(24) Recognized postsecondary credential.--The term `recognized postsecondary credential' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(26) Related instruction.--The term `related instruction' means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). ), including adult education and literacy activities under such Act. ``(B) The Wagner-Peyser Act (29 U.S.C. ``(E) The Individuals with Disabilities Education Act (20 U.S.C. ``(L) State unemployment compensation laws (in accordance with applicable Federal law). ``(O) Employment and training activities carried out by the Department of Housing and Urban Development, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Transportation, and the Small Business Administration. ``(Q) Educational assistance programs under chapters 30 through 36 of title 38, United States Code. ``(28) Secretary.--The term `Secretary' means the Secretary of Labor. 3102); and ``(B) includes each of the outlying areas. 3. 5. 6. 111. 112. A member may serve after the expiration of that member's term until a successor has taken office. (other than section 14 of such Act) shall apply to the Advisory Committee. 113. ``(9) Uses of funds.--Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f). 60541); and ``(iv) the State Temporary Assistance for Needy Families programs under part A of title IV of the Social Security Act. ``(2) Clearinghouse.--Such agreement shall require the Secretaries to create a clearinghouse of best practices-- ``(A) for improving performance and increasing alignment of education and programs under the national apprenticeship system, including career pathways; and ``(B) publicly disseminate information and resources on-- ``(i) replicable related instruction and on-the-job learning; and ``(ii) how to build an understanding of apprenticeship opportunities available to students. 123. 124. ``(b) Recognition and Registration Process.-- ``(1) Review and approval process.-- ``(A) Provisional approval review.--An application submitted under subsection (a) that the registration agency determines meets the requirements described in such subsection shall be registered for a provisional 1-year period beginning not later than 30 days after such application is submitted. ``(C) Disapproval of proposal.--If the proposal is not approved, the registration agency shall-- ``(i) notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered; ``(ii) provide the sponsor with the opportunity to submit a revised modification proposal, including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act; and ``(iii) in a case in which the sponsor submits a revised modification proposal, not later than 60 days after receipt of such proposal-- ``(I) approve the proposal; or ``(II) disapprove the proposal and provide the sponsor with technical assistance to maintain the program as originally registered. 131. ``(D) Reports.--On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. ``(e) Public Access.--The Secretary shall make the interim and final reports available on a publicly accessible website not later than 60 days after the receipt of the interim and final report. 201. ``(c) Priority and Distribution.-- ``(1) Priority.--In awarding grants, contracts, or cooperative agreements under this section, the Administrator shall give priority to an eligible entity-- ``(A) proposing to serve a high number or high percentage of participants who are from nontraditional apprenticeship populations; and ``(B) providing opportunities in high-wage, high- skill, or in-demand sectors and occupations. 3101 et seq. ``(B) To conduct outreach and recruitment activities, including assessments of potential participants for, and enrollment of participants in, a program under the national apprenticeship system. ``(F) To support the transition to virtual or remote learning or training, as necessary and as approved by the registration agency. 203. ``There are authorized to be appropriated to carry out this title: ``(1) $400,000,000 for fiscal year 2022; ``(2) $500,000,000 for fiscal year 2023; ``(3) $600,000,000 for fiscal year 2024; ``(4) $700,000,000 for fiscal year 2025; and ``(5) $800,000,000 for fiscal year 2026.''. 4. Passed the House of Representatives February 5, 2021.

H.R.6647

Armed Forces and National Security

This bill expands eligibility for Department of Veterans Affairs (VA) reimbursement of emergency treatment for veterans who are treated in a non-VA facility. Specifically, the bill waives the requirement that a veteran must have received VA care within the 24-month period preceding the furnishing of emergency treatment if the veteran receives such emergency treatment within the 60-day period following their enrollment in the VA health care system.

To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, 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. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR EMERGENCY TREATMENT FURNISHED TO VETERANS. (a) Eligibility Requirements.--Section 1725(b)(2)(B) of title 38, United States Code, is amended by inserting ``, unless such emergency treatment was furnished during the 60-day period following the date on which the veteran enrolled in the health care system specified in subparagraph (A), in which case no requirement for prior receipt of care shall apply'' before the period. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to emergency treatment furnished on or after the date that is one year after the date of the enactment of this Act. <all>

To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes.

To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, and for other purposes.

Rep. McMorris Rodgers, Cathy

R

WA

This bill expands eligibility for Department of Veterans Affairs (VA) reimbursement of emergency treatment for veterans who are treated in a non-VA facility. Specifically, the bill waives the requirement that a veteran must have received VA care within the 24-month period preceding the furnishing of emergency treatment if the veteran receives such emergency treatment within the 60-day period following their enrollment in the VA health care system.

To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, 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. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR EMERGENCY TREATMENT FURNISHED TO VETERANS. (a) Eligibility Requirements.--Section 1725(b)(2)(B) of title 38, United States Code, is amended by inserting ``, unless such emergency treatment was furnished during the 60-day period following the date on which the veteran enrolled in the health care system specified in subparagraph (A), in which case no requirement for prior receipt of care shall apply'' before the period. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to emergency treatment furnished on or after the date that is one year after the date of the enactment of this Act. <all>

To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, 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. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR EMERGENCY TREATMENT FURNISHED TO VETERANS. (a) Eligibility Requirements.--Section 1725(b)(2)(B) of title 38, United States Code, is amended by inserting ``, unless such emergency treatment was furnished during the 60-day period following the date on which the veteran enrolled in the health care system specified in subparagraph (A), in which case no requirement for prior receipt of care shall apply'' before the period. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to emergency treatment furnished on or after the date that is one year after the date of the enactment of this Act. <all>

To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, 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. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR EMERGENCY TREATMENT FURNISHED TO VETERANS. (a) Eligibility Requirements.--Section 1725(b)(2)(B) of title 38, United States Code, is amended by inserting ``, unless such emergency treatment was furnished during the 60-day period following the date on which the veteran enrolled in the health care system specified in subparagraph (A), in which case no requirement for prior receipt of care shall apply'' before the period. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to emergency treatment furnished on or after the date that is one year after the date of the enactment of this Act. <all>

To amend title 38, United States Code, to make certain improvements relating to the eligibility of veterans to receive reimbursement for emergency treatment furnished through the Veterans Community Care program, 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. ELIGIBILITY REQUIREMENTS FOR REIMBURSEMENT FOR EMERGENCY TREATMENT FURNISHED TO VETERANS. (a) Eligibility Requirements.--Section 1725(b)(2)(B) of title 38, United States Code, is amended by inserting ``, unless such emergency treatment was furnished during the 60-day period following the date on which the veteran enrolled in the health care system specified in subparagraph (A), in which case no requirement for prior receipt of care shall apply'' before the period. (b) Applicability.--The amendment made by subsection (a) shall apply with respect to emergency treatment furnished on or after the date that is one year after the date of the enactment of this Act. <all>

H.R.1039

Science, Technology, Communications

Coastal Broadband Deployment Act This bill excludes certain communications facility deployment or modification projects from specified review requirements. Specifically, the bill excludes from specified environmental and historic preservation review a project for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (the lowland and relatively flat areas adjoining inland and coastal waters).

To provide that a project for the deployment or modification of a communications facility entirely within a floodplain is not subject to requirements to prepare certain environmental or historical preservation reviews. 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 ``Coastal Broadband Deployment Act''. SEC. 2. APPLICATION OF NEPA AND NHPA TO FLOODPLAINS. (a) NEPA Exemption.--A covered project shall not be subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (b) National Historic Preservation Act Exemption.--A covered project shall not be considered an undertaking under section 300320 of title 54, United States Code. (c) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Communications facility.--The term ``communications facility'' includes-- (A) any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds; (B) any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications service; and (C) any antenna or apparatus that-- (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location; and (iii) is added to a tower, building, or other structure. (3) Communications service.--The term ``communications service'' means a service for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds. (4) Covered project.--The term ``covered project'' means a project-- (A) for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (as defined in section 9.4 of title 44, Code of Federal Regulations, as in effect on the date of the enactment of this Act); and (B) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission. <all>

Coastal Broadband Deployment Act

To provide that a project for the deployment or modification of a communications facility entirely within a floodplain is not subject to requirements to prepare certain environmental or historical preservation reviews.

Coastal Broadband Deployment Act

Rep. Bilirakis, Gus M.

R

FL

This bill excludes certain communications facility deployment or modification projects from specified review requirements. Specifically, the bill excludes from specified environmental and historic preservation review a project for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (the lowland and relatively flat areas adjoining inland and coastal waters).

To provide that a project for the deployment or modification of a communications facility entirely within a floodplain is not subject to requirements to prepare certain environmental or historical preservation reviews. 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 ``Coastal Broadband Deployment Act''. SEC. 2. APPLICATION OF NEPA AND NHPA TO FLOODPLAINS. (a) NEPA Exemption.--A covered project shall not be subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (b) National Historic Preservation Act Exemption.--A covered project shall not be considered an undertaking under section 300320 of title 54, United States Code. (c) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Communications facility.--The term ``communications facility'' includes-- (A) any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds; (B) any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications service; and (C) any antenna or apparatus that-- (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location; and (iii) is added to a tower, building, or other structure. (3) Communications service.--The term ``communications service'' means a service for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds. (4) Covered project.--The term ``covered project'' means a project-- (A) for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (as defined in section 9.4 of title 44, Code of Federal Regulations, as in effect on the date of the enactment of this Act); and (B) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission. <all>

To provide that a project for the deployment or modification of a communications facility entirely within a floodplain is not subject to requirements to prepare certain environmental or historical preservation reviews. 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 ``Coastal Broadband Deployment Act''. SEC. 2. APPLICATION OF NEPA AND NHPA TO FLOODPLAINS. (a) NEPA Exemption.--A covered project shall not be subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (b) National Historic Preservation Act Exemption.--A covered project shall not be considered an undertaking under section 300320 of title 54, United States Code. (c) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Communications facility.--The term ``communications facility'' includes-- (A) any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds; (B) any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications service; and (C) any antenna or apparatus that-- (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location; and (iii) is added to a tower, building, or other structure. (3) Communications service.--The term ``communications service'' means a service for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds. (4) Covered project.--The term ``covered project'' means a project-- (A) for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (as defined in section 9.4 of title 44, Code of Federal Regulations, as in effect on the date of the enactment of this Act); and (B) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission. <all>

To provide that a project for the deployment or modification of a communications facility entirely within a floodplain is not subject to requirements to prepare certain environmental or historical preservation reviews. 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 ``Coastal Broadband Deployment Act''. SEC. 2. APPLICATION OF NEPA AND NHPA TO FLOODPLAINS. (a) NEPA Exemption.--A covered project shall not be subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (b) National Historic Preservation Act Exemption.--A covered project shall not be considered an undertaking under section 300320 of title 54, United States Code. (c) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Communications facility.--The term ``communications facility'' includes-- (A) any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds; (B) any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications service; and (C) any antenna or apparatus that-- (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location; and (iii) is added to a tower, building, or other structure. (3) Communications service.--The term ``communications service'' means a service for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds. (4) Covered project.--The term ``covered project'' means a project-- (A) for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (as defined in section 9.4 of title 44, Code of Federal Regulations, as in effect on the date of the enactment of this Act); and (B) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission. <all>

To provide that a project for the deployment or modification of a communications facility entirely within a floodplain is not subject to requirements to prepare certain environmental or historical preservation reviews. 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 ``Coastal Broadband Deployment Act''. SEC. 2. APPLICATION OF NEPA AND NHPA TO FLOODPLAINS. (a) NEPA Exemption.--A covered project shall not be subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (b) National Historic Preservation Act Exemption.--A covered project shall not be considered an undertaking under section 300320 of title 54, United States Code. (c) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Communications Commission. (2) Communications facility.--The term ``communications facility'' includes-- (A) any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds; (B) any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications service; and (C) any antenna or apparatus that-- (i) is designed for the purpose of emitting radio frequency; (ii) is designed to be operated, or is operating, from a fixed location; and (iii) is added to a tower, building, or other structure. (3) Communications service.--The term ``communications service'' means a service for the transmission of writing, signs, signals, data, images, pictures, or sounds of all kinds. (4) Covered project.--The term ``covered project'' means a project-- (A) for the deployment or modification of a communications facility that is to be carried out entirely within a floodplain (as defined in section 9.4 of title 44, Code of Federal Regulations, as in effect on the date of the enactment of this Act); and (B) for which a permit, license, or approval from the Commission is required or that is otherwise subject to the jurisdiction of the Commission. <all>

H.R.3139

Energy

Promoting Energy Alternatives is Key to Emission Reductions Act of 2021 or the PEAKER Act of 2021 This bill addresses the emissions from peaker plants and provides financial incentives for renewable energy to reduce the need for peaker plants. Peaker plants are defined as fossil fuel-fired power plants or units of power plants that are run primarily to meet peak electricity demand. In other words, peaker plants are run where there is above average energy demand, such as during extremely hot or cold weather. The bill establishes an additional investment tax credit for renewable energy generation and battery storage to replace the need for peaker plants in disadvantaged communities. In addition, the Department of Energy (DOE) must establish a grant program to provide up to $1 billion annually through FY2032 to eligible entities for clean energy projects. Specifically, grants must be awarded to assist eligible entities in carrying out (1) projects associated with the construction, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; or (2) community energy proposals or community energy studies to reduce or replace the need for peaker plants. Entities that are eligible to receive grants include state or local governments, nonprofit organizations, community-owned energy generation facilities or energy storage facilities located in disadvantaged communities, community-based energy cooperatives, or certain partnerships. DOE must also assess and report on the location of each peaker plant, the quantity and type of pollution each plant is producing, and related data as specified by the bill.

To require the Secretary of Energy to submit to Congress an annual report on peaker plants in the United States and to provide financial incentives for replacing peaker plants with technology that receives, stores, and delivers energy generated by renewable energy resources, 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 ``Promoting Energy Alternatives is Key to Emission Reductions Act of 2021'' or the ``PEAKER Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Ways and Means of the House of Representatives; and (E) the Committee on Energy and Commerce of the House of Representatives. (2) Disadvantaged community.--The term ``disadvantaged community'' means a community that-- (A) is located in an area with a high concentration of individuals who-- (i) are members of low- and moderate-income households (as defined in section 570.3 of title 24, Code of Federal Regulations (or a successor regulation)); (ii) experience high levels of unemployment; (iii) face a high rent burden; (iv) face a high energy burden; (v) have low levels of home ownership; (vi) have low levels of educational attainment; or (vii) are members of groups that have historically experienced discrimination on the basis of race or ethnicity; (B) is burdened by high cumulative environmental pollution or other hazards that can lead to negative public health effects; or (C) is determined to be a disadvantaged community, an environmental justice community, a climate-burdened community, or an otherwise similarly vulnerable community pursuant to any Federal or State-level initiative, including any relevant mapping initiative. (3) High energy burden.--The term ``high energy burden'' means, with respect to a household, expenditure of the household on residential energy costs that equals 6 percent or more of the household income. (4) Peaker plant.--The term ``peaker plant'' means a fossil fuel-fired power plant or unit of a power plant that is run primarily to meet peak electricity demand, as determined by the Secretary, in coordination with the Administrator of the Environmental Protection Agency and the applicable local electrical grid operator. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. ANNUAL REPORT ON PEAKER PLANTS IN THE UNITED STATES. (a) In General.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary, in coordination with the Administrator of the Environmental Protection Agency, the White House Environmental Justice Advisory Council, the White House Environmental Justice Interagency Council, the Council on Environmental Quality, and any other relevant Federal entity that the Secretary determines to be appropriate, shall submit to the appropriate committees of Congress a report that-- (1) identifies each peaker plant in the United States; and (2) for each peaker plant identified under paragraph (1)-- (A) describes the location of the peaker plant and related socioeconomic and demographic data for that location, including whether the peaker plant is located in or adjacent to a disadvantaged community; (B) evaluates the quantity of carbon dioxide, nitric oxides, sulfur oxides, fine particulate matter (PM<INF>2.5</INF>), and methane emitted per unit of electricity generated by the peaker plant; (C) identifies-- (i) the total number of hours that the peaker plant generates electricity during the year covered by the report; (ii) the capacity factor of the plant; (iii) the average number of hours that the peaker plant generates electricity each time that the peaker plant generates electricity; and (iv) the percentage of the total number of instances in which the peaker plant is started that result in the peaker plant generating electricity for-- (I) not less than 4 hours; (II) not less than 8 hours; and (III) not less than 12 hours; and (D) identifies, for each day on which the 3 air monitors closest to the peaker plant indicate that Federal ozone or particulate matter standards have been exceeded, the percentage of peak demand met by the peaker plant for the electrical grid load zone served by the peaker plant. (b) Community Engagement.--In preparing a report under subsection (a), the Secretary shall initiate and carry out public engagement with residents and stakeholders from disadvantaged communities containing a peaker plant. SEC. 4. CREDIT FOR GENERATION AND STORAGE OF ENERGY FROM RENEWABLE SOURCES. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. RENEWABLE ENERGY GENERATION AND STORAGE CREDIT. ``(a) In General.--For purposes of section 46, the renewable energy generation and storage credit for any taxable year is an amount equal to 10 percent of the qualified investment for such taxable year with respect to any qualified renewable energy facility. ``(b) Qualified Investment With Respect to Qualified Renewable Energy Facilities.-- ``(1) In general.--For purposes of subsection (a), the qualified investment with respect to a qualified renewable energy facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified renewable energy facility. ``(2) Qualified property.--For purposes of this subsection, the term `qualified property' means property-- ``(A) which is-- ``(i) tangible personal property, or ``(ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified renewable energy facility, ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, ``(C) which is constructed, reconstructed, erected, installed, or acquired by the taxpayer, and ``(D) the original use of which commences with the taxpayer. ``(3) Qualified renewable energy facility.-- ``(A) In general.--Subject to subparagraph (B), the term `qualified renewable energy facility' means a facility which-- ``(i) uses solar, wind, low-impact hydroelectric (as certified by the Low Impact Hydropower Institute), geothermal, tidal, or wave energy to generate electricity which will be received and stored by property described in clause (ii), ``(ii) contains property which receives, stores, and delivers electricity described in clause (i), provided that such electricity is-- ``(I)(aa) sold by the taxpayer to an unrelated person, or ``(bb) in the case of a facility which is equipped with a metering device which is owned and operated by an unrelated person, sold or consumed by the taxpayer, and ``(II) at a minimum, discharged at such times as a peaker plant within the same electrical grid load zone would operate to meet peak electricity demand (as determined by the grid operator for such electrical grid), and ``(iii) which is placed in service-- ``(I) in a disadvantaged community which is located within-- ``(aa) the same census tract as a peaker plant, or ``(bb) a census tract that is adjacent to a census tract in which a peaker plant is located, and ``(II) after December 31, 2021. ``(B) Special rule.--For purposes of this paragraph, a facility shall not be deemed to be a qualified renewable energy facility unless the taxpayer demonstrates, to the satisfaction of the Secretary, that-- ``(i) the property described in clause (i) of subparagraph (A) is co-located with property described in clause (ii) of such subparagraph, ``(ii) such taxpayer has, with respect to the property described in clause (ii) of such subparagraph, entered into a contract which ensures that such property operates primarily to receive, store, and deliver electricity from any property described in clause (i) of such subparagraph, or ``(iii) the property described in clause (ii) of such subparagraph receives electricity during periods of typically high production of electricity, as a percentage of the grid generation mix, from sources described in clause (i) of such subparagraph, as determined by the grid operator for the electrical grid. ``(c) Certain Progress Expenditure Rules Made Applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). ``(d) Definitions.--The terms `disadvantaged community' and `peaker plant' have the same meanings given such term under section 2 of the PEAKER Act of 2021.''. (b) Conforming Amendments.-- (1) Section 46 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of paragraph (5), (B) by striking the period at the end of paragraph (6) and inserting ``, and'', and (C) by adding at the end the following new paragraph: ``(7) the renewable energy generation and storage credit.''. (2) Section 49(a)(1)(C) of such Code is amended-- (A) by striking ``and'' at the end of clause (iv), (B) by striking the period at the end of clause (v) and inserting ``, and'', and (C) by adding at the end the following new clause: ``(vi) the basis of any qualified property which is part of a qualified renewable energy facility under section 48D.''. (3) Section 50(a)(2)(E) of such Code is amended by striking ``or 48C(b)(2)'' and inserting ``48C(b)(2), or 48D(c)''. (4) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48C the following new item: ``48D. Renewable energy generation and storage credit.''. (c) Effective Date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2020, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 5. RENEWABLE ENERGY GRANT PROGRAM. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means each of the following: (A) A unit of State or local government. (B) A tax-exempt nonprofit organization. (C) A community-owned energy generation facility or energy storage facility located in a disadvantaged community. (D) A community-based energy cooperative or a similar group of individuals within a community who are pursuing an eligible project described in subsection (d). (E) A partnership between-- (i) 1 or more of the entities described in subparagraphs (A) through (D); and (ii)(I) an electric utility; or (II) a private entity. (2) Energy storage facility.--The term ``energy storage facility'' means a facility that receives, stores, and delivers electricity. (3) Program.--The term ``program'' means the grant program established under subsection (b). (4) Qualifying community energy proposal.--The term ``qualifying community energy proposal'' means a proposal to deploy and implement renewable energy generation, energy storage technology, energy efficiency upgrades, energy demand management strategies, or distributed renewable energy resources that a qualifying community energy study determines can reduce the runtime of an existing or planned peaker plant or otherwise reduce or replace the need for an existing or planned peaker plant. (5) Qualifying community energy study.--The term ``qualifying community energy study'' means a study or assessment that-- (A) seeks to identify clean energy strategies to reduce the runtime of an existing or planned peaker plant or otherwise reduce or replace the need for an existing or planned peaker plant, including strategies that involve-- (i) renewable energy generation; (ii) energy storage technology; (iii) energy efficiency upgrades; (iv) energy demand management strategies; or (v) distributed renewable energy deployment; and (B) is led by or performed in partnership with the communities directly impacted by pollution from a peaker plant that is located within the same or an adjacent census tract. (6) Qualifying energy storage facility.--The term ``qualifying energy storage facility'' means an energy storage facility that-- (A) is colocated with a qualifying renewable energy facility and operates primarily to receive, store, and deliver renewable energy generated by that qualifying renewable energy facility; (B) has entered into a contract with 1 or more qualifying renewable energy facilities such that the energy storage system operates primarily to receive, store, and deliver renewable energy generated by those qualifying renewable energy facilities; or (C) receives electricity during periods of typically high production of renewable energy (as a percentage of the grid generation mix), as determined by the operator of the applicable electrical grid. (7) Qualifying renewable energy facility.--The term ``qualifying renewable energy facility'' means a facility that-- (A) generates renewable energy; and (B)(i) is colocated with a qualifying energy storage facility; or (ii) has entered into a contract described in paragraph (6)(B) with 1 or more qualifying energy storage facilities. (8) Renewable energy.--The term ``renewable energy'' means electricity that is generated by or derived from, as applicable-- (A) a low-impact hydroelectric facility certified by the Low Impact Hydropower Institute; (B) solar energy; (C) wind energy; (D) geothermal energy; (E) tidal energy; or (F) wave energy. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to assist eligible entities in-- (1) carrying out projects for the construction, reconstruction, erection, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; (2) carrying out projects for the implementation of qualifying community energy proposals; and (3) developing and carrying out qualifying community energy studies. (c) Applications.--To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible Projects and Qualifying Community Energy Studies.--The Secretary may provide a grant under the program for-- (1) a project described in subsection (b)(1) only if each qualifying renewable energy facility and qualifying energy storage facility to be constructed, reconstructed, erected, installed, or acquired pursuant to the project will-- (A) be located in, or provide a direct and significant benefit to, a disadvantaged community that is located within-- (i) the same census tract as an existing or planned peaker plant; or (ii) a census tract that is adjacent to a census tract in which an existing or planned peaker plant is or will be located; and (B) at a minimum, discharge electricity at such times as a peaker plant within the same electrical grid load zone would operate to meet peak electricity demand, as determined by the operator of the applicable electrical grid; (2) a project described in subsection (b)(2) only if the qualifying community energy proposal to be implemented pursuant to the project will be implemented in, or provide a direct and significant benefit to, a disadvantaged community that is located within a census tract described in clause (i) or (ii) of paragraph (1)(A); and (3) the development and carrying out of a qualifying community energy study only if the qualifying community energy study will provide for engagement with, and incorporate feedback from, each disadvantaged community that is located within a census tract described in clause (i) or (ii) of paragraph (1)(A). (e) Technical Assistance Grants.--The Secretary may use amounts appropriated under subsection (i) to provide grants to eligible entities for the cost of acquiring technical assistance for the preparation and submission of an application under subsection (c). (f) Priority for Certain Eligible Entities.--In evaluating applications submitted by eligible entities described in subsection (a)(1)(B), the Secretary shall give priority to applications submitted by local, community-based organizations or energy cooperatives. (g) Cost Sharing.-- (1) In general.--Except as provided in paragraph (2), with respect to each project described in paragraph (1) or (2) of subsection (b) for which a grant is provided under the program, the maximum amount provided for the project under the program shall not exceed 60 percent of the total cost incurred by the applicable eligible entity for, as applicable-- (A) the construction, reconstruction, erection, installation, or acquisition of the applicable qualifying renewable energy facility or qualifying energy storage facility; or (B) the implementation of the applicable qualifying community energy proposal. (2) Local, community-based organizations and energy cooperatives.--With respect to a project described in paragraph (1) that is carried out by, or for which an application is submitted by, a local, community-based organization or an energy cooperative, the maximum amount provided for the project under the program shall not exceed 80 percent of the total cost incurred by the local, community-based organization or energy cooperative for the activities described in subparagraph (A) or (B) of that paragraph, as applicable. (h) Community Engagement.--In carrying out this section, the Secretary shall initiate and carry out public engagement, particularly with residents and stakeholders from disadvantaged communities and communities in or adjacent to areas with existing peaker plants identified in a report under section 3(a), to ensure that-- (1)(A) the public has input into the formulation of the program; and (B) based on that input, the program best addresses the needs and circumstances of disadvantaged communities; and (2) the public has information relating to the program, including-- (A) the benefits of, and opportunities for, eligible projects under the program; and (B) the ways in which disadvantaged communities can best use the program to address the clean energy goals of those disadvantaged communities. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the program not more than $1,000,000,000 for each of fiscal years 2022 through 2032. <all>

PEAKER Act of 2021

To require the Secretary of Energy to submit to Congress an annual report on peaker plants in the United States and to provide financial incentives for replacing peaker plants with technology that receives, stores, and delivers energy generated by renewable energy resources, and for other purposes.

PEAKER Act of 2021 Promoting Energy Alternatives is Key to Emission Reductions Act of 2021

Rep. Clarke, Yvette D.

D

NY

This bill addresses the emissions from peaker plants and provides financial incentives for renewable energy to reduce the need for peaker plants. Peaker plants are defined as fossil fuel-fired power plants or units of power plants that are run primarily to meet peak electricity demand. In other words, peaker plants are run where there is above average energy demand, such as during extremely hot or cold weather. The bill establishes an additional investment tax credit for renewable energy generation and battery storage to replace the need for peaker plants in disadvantaged communities. In addition, the Department of Energy (DOE) must establish a grant program to provide up to $1 billion annually through FY2032 to eligible entities for clean energy projects. Specifically, grants must be awarded to assist eligible entities in carrying out (1) projects associated with the construction, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; or (2) community energy proposals or community energy studies to reduce or replace the need for peaker plants. Entities that are eligible to receive grants include state or local governments, nonprofit organizations, community-owned energy generation facilities or energy storage facilities located in disadvantaged communities, community-based energy cooperatives, or certain partnerships. DOE must also assess and report on the location of each peaker plant, the quantity and type of pollution each plant is producing, and related data as specified by the bill.

2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Ways and Means of the House of Representatives; and (E) the Committee on Energy and Commerce of the House of Representatives. (4) Peaker plant.--The term ``peaker plant'' means a fossil fuel-fired power plant or unit of a power plant that is run primarily to meet peak electricity demand, as determined by the Secretary, in coordination with the Administrator of the Environmental Protection Agency and the applicable local electrical grid operator. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. ANNUAL REPORT ON PEAKER PLANTS IN THE UNITED STATES. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. ``(B) Special rule.--For purposes of this paragraph, a facility shall not be deemed to be a qualified renewable energy facility unless the taxpayer demonstrates, to the satisfaction of the Secretary, that-- ``(i) the property described in clause (i) of subparagraph (A) is co-located with property described in clause (ii) of such subparagraph, ``(ii) such taxpayer has, with respect to the property described in clause (ii) of such subparagraph, entered into a contract which ensures that such property operates primarily to receive, store, and deliver electricity from any property described in clause (i) of such subparagraph, or ``(iii) the property described in clause (ii) of such subparagraph receives electricity during periods of typically high production of electricity, as a percentage of the grid generation mix, from sources described in clause (i) of such subparagraph, as determined by the grid operator for the electrical grid. RENEWABLE ENERGY GRANT PROGRAM. (B) A tax-exempt nonprofit organization. (C) A community-owned energy generation facility or energy storage facility located in a disadvantaged community. (E) A partnership between-- (i) 1 or more of the entities described in subparagraphs (A) through (D); and (ii)(I) an electric utility; or (II) a private entity. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to assist eligible entities in-- (1) carrying out projects for the construction, reconstruction, erection, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; (2) carrying out projects for the implementation of qualifying community energy proposals; and (3) developing and carrying out qualifying community energy studies. (e) Technical Assistance Grants.--The Secretary may use amounts appropriated under subsection (i) to provide grants to eligible entities for the cost of acquiring technical assistance for the preparation and submission of an application under subsection (c).

2. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. ANNUAL REPORT ON PEAKER PLANTS IN THE UNITED STATES. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. ``(B) Special rule.--For purposes of this paragraph, a facility shall not be deemed to be a qualified renewable energy facility unless the taxpayer demonstrates, to the satisfaction of the Secretary, that-- ``(i) the property described in clause (i) of subparagraph (A) is co-located with property described in clause (ii) of such subparagraph, ``(ii) such taxpayer has, with respect to the property described in clause (ii) of such subparagraph, entered into a contract which ensures that such property operates primarily to receive, store, and deliver electricity from any property described in clause (i) of such subparagraph, or ``(iii) the property described in clause (ii) of such subparagraph receives electricity during periods of typically high production of electricity, as a percentage of the grid generation mix, from sources described in clause (i) of such subparagraph, as determined by the grid operator for the electrical grid. RENEWABLE ENERGY GRANT PROGRAM. (B) A tax-exempt nonprofit organization. (C) A community-owned energy generation facility or energy storage facility located in a disadvantaged community. (E) A partnership between-- (i) 1 or more of the entities described in subparagraphs (A) through (D); and (ii)(I) an electric utility; or (II) a private entity. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to assist eligible entities in-- (1) carrying out projects for the construction, reconstruction, erection, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; (2) carrying out projects for the implementation of qualifying community energy proposals; and (3) developing and carrying out qualifying community energy studies.

SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Ways and Means of the House of Representatives; and (E) the Committee on Energy and Commerce of the House of Representatives. (3) High energy burden.--The term ``high energy burden'' means, with respect to a household, expenditure of the household on residential energy costs that equals 6 percent or more of the household income. (4) Peaker plant.--The term ``peaker plant'' means a fossil fuel-fired power plant or unit of a power plant that is run primarily to meet peak electricity demand, as determined by the Secretary, in coordination with the Administrator of the Environmental Protection Agency and the applicable local electrical grid operator. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. ANNUAL REPORT ON PEAKER PLANTS IN THE UNITED STATES. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. ``(B) Special rule.--For purposes of this paragraph, a facility shall not be deemed to be a qualified renewable energy facility unless the taxpayer demonstrates, to the satisfaction of the Secretary, that-- ``(i) the property described in clause (i) of subparagraph (A) is co-located with property described in clause (ii) of such subparagraph, ``(ii) such taxpayer has, with respect to the property described in clause (ii) of such subparagraph, entered into a contract which ensures that such property operates primarily to receive, store, and deliver electricity from any property described in clause (i) of such subparagraph, or ``(iii) the property described in clause (ii) of such subparagraph receives electricity during periods of typically high production of electricity, as a percentage of the grid generation mix, from sources described in clause (i) of such subparagraph, as determined by the grid operator for the electrical grid. RENEWABLE ENERGY GRANT PROGRAM. (B) A tax-exempt nonprofit organization. (C) A community-owned energy generation facility or energy storage facility located in a disadvantaged community. (D) A community-based energy cooperative or a similar group of individuals within a community who are pursuing an eligible project described in subsection (d). (E) A partnership between-- (i) 1 or more of the entities described in subparagraphs (A) through (D); and (ii)(I) an electric utility; or (II) a private entity. (5) Qualifying community energy study.--The term ``qualifying community energy study'' means a study or assessment that-- (A) seeks to identify clean energy strategies to reduce the runtime of an existing or planned peaker plant or otherwise reduce or replace the need for an existing or planned peaker plant, including strategies that involve-- (i) renewable energy generation; (ii) energy storage technology; (iii) energy efficiency upgrades; (iv) energy demand management strategies; or (v) distributed renewable energy deployment; and (B) is led by or performed in partnership with the communities directly impacted by pollution from a peaker plant that is located within the same or an adjacent census tract. (8) Renewable energy.--The term ``renewable energy'' means electricity that is generated by or derived from, as applicable-- (A) a low-impact hydroelectric facility certified by the Low Impact Hydropower Institute; (B) solar energy; (C) wind energy; (D) geothermal energy; (E) tidal energy; or (F) wave energy. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to assist eligible entities in-- (1) carrying out projects for the construction, reconstruction, erection, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; (2) carrying out projects for the implementation of qualifying community energy proposals; and (3) developing and carrying out qualifying community energy studies. (e) Technical Assistance Grants.--The Secretary may use amounts appropriated under subsection (i) to provide grants to eligible entities for the cost of acquiring technical assistance for the preparation and submission of an application under subsection (c).

SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Finance of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Environment and Public Works of the Senate; (D) the Committee on Ways and Means of the House of Representatives; and (E) the Committee on Energy and Commerce of the House of Representatives. (3) High energy burden.--The term ``high energy burden'' means, with respect to a household, expenditure of the household on residential energy costs that equals 6 percent or more of the household income. (4) Peaker plant.--The term ``peaker plant'' means a fossil fuel-fired power plant or unit of a power plant that is run primarily to meet peak electricity demand, as determined by the Secretary, in coordination with the Administrator of the Environmental Protection Agency and the applicable local electrical grid operator. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. 3. ANNUAL REPORT ON PEAKER PLANTS IN THE UNITED STATES. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48C the following new section: ``SEC. 48D. ``(B) Special rule.--For purposes of this paragraph, a facility shall not be deemed to be a qualified renewable energy facility unless the taxpayer demonstrates, to the satisfaction of the Secretary, that-- ``(i) the property described in clause (i) of subparagraph (A) is co-located with property described in clause (ii) of such subparagraph, ``(ii) such taxpayer has, with respect to the property described in clause (ii) of such subparagraph, entered into a contract which ensures that such property operates primarily to receive, store, and deliver electricity from any property described in clause (i) of such subparagraph, or ``(iii) the property described in clause (ii) of such subparagraph receives electricity during periods of typically high production of electricity, as a percentage of the grid generation mix, from sources described in clause (i) of such subparagraph, as determined by the grid operator for the electrical grid. (b) Conforming Amendments.-- (1) Section 46 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of paragraph (5), (B) by striking the period at the end of paragraph (6) and inserting ``, and'', and (C) by adding at the end the following new paragraph: ``(7) the renewable energy generation and storage credit.''. RENEWABLE ENERGY GRANT PROGRAM. (B) A tax-exempt nonprofit organization. (C) A community-owned energy generation facility or energy storage facility located in a disadvantaged community. (D) A community-based energy cooperative or a similar group of individuals within a community who are pursuing an eligible project described in subsection (d). (E) A partnership between-- (i) 1 or more of the entities described in subparagraphs (A) through (D); and (ii)(I) an electric utility; or (II) a private entity. (5) Qualifying community energy study.--The term ``qualifying community energy study'' means a study or assessment that-- (A) seeks to identify clean energy strategies to reduce the runtime of an existing or planned peaker plant or otherwise reduce or replace the need for an existing or planned peaker plant, including strategies that involve-- (i) renewable energy generation; (ii) energy storage technology; (iii) energy efficiency upgrades; (iv) energy demand management strategies; or (v) distributed renewable energy deployment; and (B) is led by or performed in partnership with the communities directly impacted by pollution from a peaker plant that is located within the same or an adjacent census tract. (8) Renewable energy.--The term ``renewable energy'' means electricity that is generated by or derived from, as applicable-- (A) a low-impact hydroelectric facility certified by the Low Impact Hydropower Institute; (B) solar energy; (C) wind energy; (D) geothermal energy; (E) tidal energy; or (F) wave energy. (b) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a grant program to assist eligible entities in-- (1) carrying out projects for the construction, reconstruction, erection, installation, or acquisition of qualifying renewable energy facilities and qualifying energy storage facilities; (2) carrying out projects for the implementation of qualifying community energy proposals; and (3) developing and carrying out qualifying community energy studies. (e) Technical Assistance Grants.--The Secretary may use amounts appropriated under subsection (i) to provide grants to eligible entities for the cost of acquiring technical assistance for the preparation and submission of an application under subsection (c). (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out the program not more than $1,000,000,000 for each of fiscal years 2022 through 2032.

S.805

Labor and Employment

Davis-Bacon Repeal Act This bill repeals the Davis-Bacon Act, which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works. References in any law to a requirement under the Davis-Bacon Act shall be null and void.

To repeal the wage requirements of the Davis-Bacon Act. 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 ``Davis-Bacon Repeal Act''. SEC. 2. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS. (a) In General.--Subchapter IV of chapter 31 of title 40, United States Code, is repealed. (b) Reference.--Any reference in any law to a requirement under subchapter IV of chapter 31 of title 40, United States Code, shall be null and void. SEC. 3. EFFECTIVE DATE AND LIMITATION. Section 2, and the amendment made by such section, shall take effect 30 days after the date of enactment of this Act but shall not affect any contract that is-- (1) in existence on the date that is 30 days after such date of enactment; or (2) made pursuant to an invitation for bids outstanding on the date that is 30 days after such date of enactment. <all>

Davis-Bacon Repeal Act

A bill to repeal the wage requirements of the Davis-Bacon Act.

Davis-Bacon Repeal Act

Sen. Lee, Mike

R

UT

This bill repeals the Davis-Bacon Act, which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works. References in any law to a requirement under the Davis-Bacon Act shall be null and void.

To repeal the wage requirements of the Davis-Bacon Act. 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 ``Davis-Bacon Repeal Act''. SEC. 2. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS. (a) In General.--Subchapter IV of chapter 31 of title 40, United States Code, is repealed. (b) Reference.--Any reference in any law to a requirement under subchapter IV of chapter 31 of title 40, United States Code, shall be null and void. SEC. 3. EFFECTIVE DATE AND LIMITATION. Section 2, and the amendment made by such section, shall take effect 30 days after the date of enactment of this Act but shall not affect any contract that is-- (1) in existence on the date that is 30 days after such date of enactment; or (2) made pursuant to an invitation for bids outstanding on the date that is 30 days after such date of enactment. <all>

To repeal the wage requirements of the Davis-Bacon Act. 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 ``Davis-Bacon Repeal Act''. SEC. 2. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS. (a) In General.--Subchapter IV of chapter 31 of title 40, United States Code, is repealed. (b) Reference.--Any reference in any law to a requirement under subchapter IV of chapter 31 of title 40, United States Code, shall be null and void. SEC. 3. EFFECTIVE DATE AND LIMITATION. Section 2, and the amendment made by such section, shall take effect 30 days after the date of enactment of this Act but shall not affect any contract that is-- (1) in existence on the date that is 30 days after such date of enactment; or (2) made pursuant to an invitation for bids outstanding on the date that is 30 days after such date of enactment. <all>

To repeal the wage requirements of the Davis-Bacon Act. 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 ``Davis-Bacon Repeal Act''. SEC. 2. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS. (a) In General.--Subchapter IV of chapter 31 of title 40, United States Code, is repealed. (b) Reference.--Any reference in any law to a requirement under subchapter IV of chapter 31 of title 40, United States Code, shall be null and void. SEC. 3. EFFECTIVE DATE AND LIMITATION. Section 2, and the amendment made by such section, shall take effect 30 days after the date of enactment of this Act but shall not affect any contract that is-- (1) in existence on the date that is 30 days after such date of enactment; or (2) made pursuant to an invitation for bids outstanding on the date that is 30 days after such date of enactment. <all>

To repeal the wage requirements of the Davis-Bacon Act. 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 ``Davis-Bacon Repeal Act''. SEC. 2. REPEAL OF DAVIS-BACON WAGE REQUIREMENTS. (a) In General.--Subchapter IV of chapter 31 of title 40, United States Code, is repealed. (b) Reference.--Any reference in any law to a requirement under subchapter IV of chapter 31 of title 40, United States Code, shall be null and void. SEC. 3. EFFECTIVE DATE AND LIMITATION. Section 2, and the amendment made by such section, shall take effect 30 days after the date of enactment of this Act but shall not affect any contract that is-- (1) in existence on the date that is 30 days after such date of enactment; or (2) made pursuant to an invitation for bids outstanding on the date that is 30 days after such date of enactment. <all>

H.R.745

Finance and Financial Sector

Fair Access to Credit Scores Act of 2021 This bill requires certain consumer reporting agencies to disclose, upon request, as part of a consumer's free annual disclosure (1) the consumer's current credit score, (2) other information in the consumer's file regarding risk scores or predictors, and (3) any other consumer information the Consumer Financial Protection Bureau considers appropriate with respect to consumer financial education. Consumer reporting agencies must maintain these scores or predictors in a consumer's file for at least one year after the data is generated.

To amend the Fair Credit Reporting Act to require the inclusion of credit scores with free annual credit reports provided to consumers, 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 ``Fair Access to Credit Scores Act of 2021''. SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end and inserting a period; (B) by striking ``except that--'' and all that follows through ``(A) if the'' and inserting ``except that if the''; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: ``(7) If the consumer reporting agency is a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis as described in section 603(p), each such agency shall disclose a current credit score generated using the scoring algorithm, formula, model, program, or mechanism that is most frequently used to generate credit scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer's file at the time of the request concerning credit scores or any other risk scores or other predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information describing the credit score of the consumer with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers.''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``, a consumer reporting agency'' and all that follows through ``shall include--'' and inserting ``or a risk score, a consumer reporting agency shall supply to the consumer--''; and (ii) by amending subparagraph (A) to read as follows: ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Risk score.--The term `risk score' means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance.''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or other predictors relating to the consumer for a period of not less than 1 year beginning on the date on which such information is generated.''; (D) by striking paragraph (7) and redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (E) in paragraph (7) (as so redesignated), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. (b) Inclusion in Free Reports.--Section 612(g) of the Fair Credit Reporting Act (15 U.S.C. 1681j(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (B) by inserting ``and free credit scores'' after ``free credit reports''; and (2) in paragraph (2), by inserting ``or free credit score, as applicable,'' after ``free credit report''. <all>

Fair Access to Credit Scores Act of 2021

To amend the Fair Credit Reporting Act to require the inclusion of credit scores with free annual credit reports provided to consumers, and for other purposes.

Fair Access to Credit Scores Act of 2021

Rep. Cohen, Steve

D

TN

This bill requires certain consumer reporting agencies to disclose, upon request, as part of a consumer's free annual disclosure (1) the consumer's current credit score, (2) other information in the consumer's file regarding risk scores or predictors, and (3) any other consumer information the Consumer Financial Protection Bureau considers appropriate with respect to consumer financial education. Consumer reporting agencies must maintain these scores or predictors in a consumer's file for at least one year after the data is generated.

To amend the Fair Credit Reporting Act to require the inclusion of credit scores with free annual credit reports provided to consumers, 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 ``Fair Access to Credit Scores Act of 2021''. SEC. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information describing the credit score of the consumer with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers. ''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``, a consumer reporting agency'' and all that follows through ``shall include--'' and inserting ``or a risk score, a consumer reporting agency shall supply to the consumer--''; and (ii) by amending subparagraph (A) to read as follows: ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or other predictors relating to the consumer for a period of not less than 1 year beginning on the date on which such information is generated. ''; (D) by striking paragraph (7) and redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (E) in paragraph (7) (as so redesignated), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. 1681j(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (B) by inserting ``and free credit scores'' after ``free credit reports''; and (2) in paragraph (2), by inserting ``or free credit score, as applicable,'' after ``free credit report''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information describing the credit score of the consumer with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers. ''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``, a consumer reporting agency'' and all that follows through ``shall include--'' and inserting ``or a risk score, a consumer reporting agency shall supply to the consumer--''; and (ii) by amending subparagraph (A) to read as follows: ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ''; (D) by striking paragraph (7) and redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (E) in paragraph (7) (as so redesignated), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. 1681j(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (B) by inserting ``and free credit scores'' after ``free credit reports''; and (2) in paragraph (2), by inserting ``or free credit score, as applicable,'' after ``free credit report''.

To amend the Fair Credit Reporting Act to require the inclusion of credit scores with free annual credit reports provided to consumers, 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 ``Fair Access to Credit Scores Act of 2021''. SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end and inserting a period; (B) by striking ``except that--'' and all that follows through ``(A) if the'' and inserting ``except that if the''; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: ``(7) If the consumer reporting agency is a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis as described in section 603(p), each such agency shall disclose a current credit score generated using the scoring algorithm, formula, model, program, or mechanism that is most frequently used to generate credit scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer's file at the time of the request concerning credit scores or any other risk scores or other predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information describing the credit score of the consumer with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers.''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``, a consumer reporting agency'' and all that follows through ``shall include--'' and inserting ``or a risk score, a consumer reporting agency shall supply to the consumer--''; and (ii) by amending subparagraph (A) to read as follows: ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Risk score.--The term `risk score' means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance.''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or other predictors relating to the consumer for a period of not less than 1 year beginning on the date on which such information is generated.''; (D) by striking paragraph (7) and redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (E) in paragraph (7) (as so redesignated), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. (b) Inclusion in Free Reports.--Section 612(g) of the Fair Credit Reporting Act (15 U.S.C. 1681j(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (B) by inserting ``and free credit scores'' after ``free credit reports''; and (2) in paragraph (2), by inserting ``or free credit score, as applicable,'' after ``free credit report''. <all>

To amend the Fair Credit Reporting Act to require the inclusion of credit scores with free annual credit reports provided to consumers, 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 ``Fair Access to Credit Scores Act of 2021''. SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end and inserting a period; (B) by striking ``except that--'' and all that follows through ``(A) if the'' and inserting ``except that if the''; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: ``(7) If the consumer reporting agency is a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis as described in section 603(p), each such agency shall disclose a current credit score generated using the scoring algorithm, formula, model, program, or mechanism that is most frequently used to generate credit scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer's file at the time of the request concerning credit scores or any other risk scores or other predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information describing the credit score of the consumer with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers.''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``, a consumer reporting agency'' and all that follows through ``shall include--'' and inserting ``or a risk score, a consumer reporting agency shall supply to the consumer--''; and (ii) by amending subparagraph (A) to read as follows: ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Risk score.--The term `risk score' means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance.''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or other predictors relating to the consumer for a period of not less than 1 year beginning on the date on which such information is generated.''; (D) by striking paragraph (7) and redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (E) in paragraph (7) (as so redesignated), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. (b) Inclusion in Free Reports.--Section 612(g) of the Fair Credit Reporting Act (15 U.S.C. 1681j(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (B) by inserting ``and free credit scores'' after ``free credit reports''; and (2) in paragraph (2), by inserting ``or free credit score, as applicable,'' after ``free credit report''. <all>

H.R.2457

Armed Forces and National Security

Colonel John McHugh Tuition Fairness for Survivors Act This bill requires the Department of Veterans Affairs to disapprove courses of education provided by public institutions of higher learning if such institutions charge a higher rate for tuition and fees than in-state tuition for individuals who are entitled to educational assistance under the Survivors' and Dependents' Educational Assistance program.

To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program. 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 ``Colonel John McHugh Tuition Fairness for Survivors Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN-STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. (c) Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. <all>

Colonel John McHugh Tuition Fairness for Survivors Act

To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program.

Colonel John McHugh Tuition Fairness for Survivors Act

Rep. Moore, Barry

R

AL

This bill requires the Department of Veterans Affairs to disapprove courses of education provided by public institutions of higher learning if such institutions charge a higher rate for tuition and fees than in-state tuition for individuals who are entitled to educational assistance under the Survivors' and Dependents' Educational Assistance program.

To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program. 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 ``Colonel John McHugh Tuition Fairness for Survivors Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN-STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. (c) Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. <all>

To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program. 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 ``Colonel John McHugh Tuition Fairness for Survivors Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN-STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. (c) Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. <all>

To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program. 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 ``Colonel John McHugh Tuition Fairness for Survivors Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN-STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. (c) Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. <all>

To amend title 38, United States Code, to provide for the disapproval by the Secretary of Veterans Affairs of courses of education offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors' and Dependents' Educational Assistance Program. 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 ``Colonel John McHugh Tuition Fairness for Survivors Act''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS DISAPPROVAL OF COURSES OFFERED BY PUBLIC INSTITUTIONS OF HIGHER LEARNING THAT DO NOT CHARGE VETERANS THE IN-STATE TUITION RATE FOR PURPOSES OF SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE PROGRAM. (a) In General.--Section 3679(c) of title 38, United States Code, is amended-- (1) in paragraph (1), by striking ``or 33'' and inserting ``33, or 35''; (2) in paragraph (2), by adding at the end the following new subparagraph: ``(D) An individual who is entitled to assistance under section 3510 of this title.''; and (3) in paragraph (6), by striking ``and 33'' and inserting ``33, and 35''. (b) Conforming Amendments.--Section 3679(e) of such title is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or 33'' and inserting ``, 33, or 35''; and (B) in subparagraph (B), by striking ``or 33'' and inserting ``33, or 35''; and (2) in paragraph (2), by striking ``or 33'' and inserting ``33, or 35''. (c) Effective Date.--The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. <all>

H.R.806

Energy

Clean Energy and Sustainability Accelerator Act This bill establishes and capitalizes a Clean Energy and Sustainability Accelerator. The independent, nonprofit accelerator must invest in clean energy technologies and infrastructure to reduce greenhouse gas emissions. The accelerator must make capital available to state, territorial, or local green banks. The banks must be public or nonprofit specialized finance entities that use finance tools to mitigate climate change. The accelerator may also provide technical assistance and funding to states and other political subdivisions that do not have green banks to establish such banks. When investing in projects that mitigate greenhouse gas emissions, the accelerator must prioritize investments that serve climate-impacted communities (e.g., communities of color or low-income communities). In addition, the accelerator must explore the establishment of a program to provide low-interest and zero-interest loans, up to 30 years in length, to any school, metropolitan planning organization, or nonprofit organization seeking financing for the acquisition of zero-emissions vehicle fleets or associated infrastructure. Finally, the accelerator must explore the establishment of an accelerated clean energy transition program to (1) expedite the transition within the power sector to zero-emissions power generation facilities or assets, and (2) invest in local economic development in communities affected by this transition away from carbon-intensive facilities or assets.

To establish a Clean Energy and Sustainability Accelerator, 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 ``Clean Energy and Sustainability Accelerator Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Clean Energy and Sustainability Accelerator. ``Subtitle C--Clean Energy and Sustainability Accelerator ``Sec. 1621. Definitions. ``Sec. 1622. Establishment. ``Sec. 1623. Mandate. ``Sec. 1624. Finance and investment division. ``Sec. 1625. Start-up Division. ``Sec. 1626. Zero-emissions fleet and related infrastructure financing program. ``Sec. 1627. Project prioritization and requirements. ``Sec. 1628. Exploration of accelerated clean energy transition program. ``Sec. 1629. Board of Directors. ``Sec. 1630. Administration. ``Sec. 1631. Establishment of risk management committee and audit committee. ``Sec. 1632. Oversight. SEC. 3. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR. Title XVI of the Energy Policy Act of 2005 (Public Law 109-58, as amended) is amended by adding at the end the following new subtitle: ``Subtitle C--Clean Energy and Sustainability Accelerator ``SEC. 1621. DEFINITIONS. ``In this subtitle: ``(1) Accelerator.--The term `Accelerator' means the Clean Energy and Sustainability Accelerator established under section 1622. ``(2) Board.--The term `Board' means the Board of Directors of the Accelerator. ``(3) Chief executive officer.--The term `chief executive officer' means the chief executive officer of the Accelerator. ``(4) Climate-impacted communities.--The term `climate- impacted communities' includes-- ``(A) communities of color, which include any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located; ``(B) communities that are already or are likely to be the first communities to feel the direct negative effects of climate change; ``(C) distressed neighborhoods, demonstrated by indicators of need, including poverty, childhood obesity rates, academic failure, and rates of juvenile delinquency, adjudication, or incarceration; ``(D) low-income communities, defined as any census block group in which 30 percent or more of the population are individuals with low income; ``(E) low-income households, defined as a household with annual income equal to, or less than, the greater of-- ``(i) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(ii) 200 percent of the Federal poverty line; ``(F) Tribal communities; ``(G) persistent poverty counties, defined as any county that has had a poverty rate of 20 percent or more for the past 30 years as measured by the 2000, 2010, and 2020 decennial censuses; ``(H) communities disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects; and ``(I) communities that are economically reliant on fossil fuel-based industries. ``(5) Climate resilient infrastructure.--The term `climate resilient infrastructure' means any project that builds or enhances infrastructure so that such infrastructure-- ``(A) is planned, designed, and operated in a way that anticipates, prepares for, and adapts to changing climate conditions; and ``(B) can withstand, respond to, and recover rapidly from disruptions caused by these climate conditions. ``(6) Electrification.--The term `electrification' means the installation, construction, or use of end-use electric technology that replaces existing fossil-fuel-based technology. ``(7) Energy efficiency.--The term `energy efficiency' means any project, technology, function, or measure that results in the reduction of energy use required to achieve the same level of service or output prior to the application of such project, technology, function, or measure, or substantially reduces greenhouse gas emissions relative to emissions that would have occurred prior to the application of such project, technology, function, or measure. ``(8) Fuel switching.--The term `fuel switching' means any project that replaces a fossil-fuel-based heating system with an electric-powered system or one powered by biomass-generated heat. ``(9) Green bank.--The term `green bank' means a dedicated public or nonprofit specialized finance entity that-- ``(A) is designed to drive private capital into market gaps for low- and zero-emission goods and services; ``(B) uses finance tools to mitigate climate change; ``(C) does not take deposits; ``(D) is funded by government, public, private, or charitable contributions; and ``(E) invests or finances projects-- ``(i) alone; or ``(ii) in conjunction with other investors. ``(10) Qualified projects.--The terms `qualified projects' means the following kinds of technologies and activities that are eligible for financing and investment from the Clean Energy and Sustainability Accelerator, either directly or through State, Territorial, and local green banks funded by the Clean Energy and Sustainability Accelerator: ``(A) Renewable energy generation, including the following: ``(i) Solar. ``(ii) Wind. ``(iii) Geothermal. ``(iv) Hydropower. ``(v) Ocean and hydrokinetic. ``(vi) Fuel cell. ``(B) Building energy efficiency, fuel switching, and electrification. ``(C) Industrial decarbonization. ``(D) Grid technology such as transmission, distribution, and storage to support clean energy distribution, including smart-grid applications. ``(E) Agriculture and forestry projects that reduce net greenhouse gas emissions. ``(F) Clean transportation, including the following: ``(i) Battery electric vehicles. ``(ii) Plug-in hybrid electric vehicles. ``(iii) Hydrogen vehicles. ``(iv) Other zero-emissions fueled vehicles. ``(v) Related vehicle charging and fueling infrastructure. ``(G) Climate resilient infrastructure. ``(H) Any other key areas identified by the Board as consistent with the mandate of the Accelerator as described in section 1623. ``(11) Renewable energy generation.--The term `renewable energy generation' means electricity created by sources that are continually replenished by nature, such as the sun, wind, and water. ``SEC. 1622. ESTABLISHMENT. ``(a) In General.--Not later than 1 year after the date of enactment of this subtitle, there shall be established a nonprofit corporation to be known as the Clean Energy and Sustainability Accelerator. ``(b) Limitation.--The Accelerator shall not be an agency or instrumentality of the Federal Government. ``(c) Full Faith and Credit.--The full faith and credit of the United States shall not extend to the Accelerator. ``(d) Nonprofit Status.--The Accelerator shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ``SEC. 1623. MANDATE. ``The Accelerator shall make the United States a world leader in combating the causes and effects of climate change through the rapid deployment of mature technologies and scaling of new technologies by maximizing the reduction of emissions in the United States for every dollar deployed by the Accelerator, including by-- ``(1) providing financing support for investments in the United States in low- and zero-emissions technologies and processes in order to rapidly accelerate market penetration; ``(2) catalyzing and mobilizing private capital through Federal investment and supporting a more robust marketplace for clean technologies, while avoiding competition with private investment; ``(3) enabling climate-impacted communities to benefit from and afford projects and investments that reduce emissions; ``(4) providing support for workers and communities impacted by the transition to a low-carbon economy; ``(5) supporting the creation of green banks within the United States where green banks do not exist; and ``(6) causing the rapid transition to a clean energy economy without raising energy costs to end users and seeking to lower costs where possible. ``SEC. 1624. FINANCE AND INVESTMENT DIVISION. ``(a) In General.--There shall be within the Accelerator a finance and investment division, which shall be responsible for-- ``(1) the Accelerator's greenhouse gas emissions mitigation efforts by directly financing qualifying projects or doing so indirectly by providing capital to State, Territorial, and local green banks; ``(2) originating, evaluating, underwriting, and closing the Accelerator's financing and investment transactions in qualified projects; ``(3) partnering with private capital providers and capital markets to attract coinvestment from private banks, investors, and others in order to drive new investment into underpenetrated markets, to increase the efficiency of private capital markets with respect to investing in greenhouse gas reduction projects, and to increase total investment caused by the Accelerator; ``(4) managing the Accelerator's portfolio of assets to ensure performance and monitor risk; ``(5) ensuring appropriate debt and risk mitigation products are offered; and ``(6) overseeing prudent, noncontrolling equity investments. ``(b) Products and Investment Types.--The finance and investment division of the Accelerator may provide capital to qualified projects in the form of-- ``(1) senior, mezzanine, and subordinated debt; ``(2) credit enhancements including loan loss reserves and loan guarantees; ``(3) aggregation and warehousing; ``(4) equity capital; and ``(5) any other financial product approved by the Board. ``(c) State, Territorial, and Local Green Bank Capitalization.--The finance and investment division of the Accelerator shall make capital available to State, Territorial, and local green banks to enable such banks to finance qualifying projects in their markets that are better served by a locally based entity, rather than through direct investment by the Accelerator. ``(d) Investment Committee.--The debt, risk mitigation, and equity investments made by the Accelerator shall be-- ``(1) approved by the investment committee of the Board; and ``(2) consistent with an investment policy that has been established by the investment committee of the Board in consultation with the risk management committee of the Board. ``SEC. 1625. START-UP DIVISION. ``There shall be within the Accelerator a Start-up Division, which shall be responsible for providing technical assistance and start-up funding to States and other political subdivisions that do not have green banks to establish green banks in those States and political subdivisions, including by working with relevant stakeholders in those States and political subdivisions. ``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE FINANCING PROGRAM. ``Not later than 1 year after the date of establishment of the Accelerator, the Accelerator shall explore the establishment of a program to provide low- and zero-interest loans, up to 30 years in length, to any school, metropolitan planning organization, or nonprofit organization seeking financing for the acquisition of zero-emissions vehicle fleets or associated infrastructure to support zero-emissions vehicle fleets. ``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS. ``(a) Emissions Reduction Mandate.--In investing in projects that mitigate greenhouse gas emissions, the Accelerator shall maximize the reduction of emissions in the United States for every dollar deployed by the Accelerator. ``(b) Environmental Justice Prioritization.-- ``(1) In general.--In order to address environmental justice needs, the Accelerator shall, as applicable, prioritize the provision of program benefits and investment activity that are expected to directly or indirectly result in the deployment of projects to serve, as a matter of official policy, climate- impacted communities. ``(2) Minimum percentage.--The Accelerator shall ensure that over the 30-year period of its charter 40 percent of its investment activity is directed to serve climate-impacted communities. ``(c) Consumer Protection.-- ``(1) Prioritization.--Consistent with the mandate under section 1623 to maximize the reduction of emissions in the United States for every dollar deployed by the Accelerator, the Accelerator shall prioritize qualified projects according to benefits conferred on consumers and affected communities. ``(2) Consumer credit protection.--The Accelerator shall ensure that any residential energy efficiency or distributed clean energy project in which the Accelerator invests directly or indirectly complies with the requirements of the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.), including, in the case of a financial product that is a residential mortgage loan, any requirements of title I of that Act relating to residential mortgage loans (including any regulations promulgated by the Bureau of Consumer Financial Protection under section 129C(b)(3)(C) of that Act (15 U.S.C. 1639c(b)(3)(C))). ``(d) Labor.-- ``(1) In general.--The Accelerator shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed directly by the Accelerator will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40, United States Code. ``(2) Project labor agreement.--The Accelerator shall ensure that projects financed directly by the Accelerator with total capital costs of $100,000,000 or greater utilize a project labor agreement. ``SEC. 1628. EXPLORATION OF ACCELERATED CLEAN ENERGY TRANSITION PROGRAM. ``Not later than 1 year after the date on which the Accelerator is established, the Board shall explore the establishment of an accelerated clean energy transition program-- ``(1) to expedite the transition within the power sector to zero-emissions power generation facilities or assets; and ``(2) to simultaneously invest in local economic development in communities affected by this transition away from carbon-intensive facilities or assets. ``SEC. 1629. BOARD OF DIRECTORS. ``(a) In General.--The Accelerator shall operate under the direction of a Board of Directors, which shall be composed of 7 members. ``(b) Initial Composition and Terms.-- ``(1) Selection.--The initial members of the Board shall be selected as follows: ``(A) Appointed members.--Three members shall be appointed by the President, with the advice and consent of the Senate, of whom no more than two shall belong to the same political party. ``(B) Elected members.--Four members shall be elected unanimously by the 3 members appointed and confirmed pursuant to subparagraph (A). ``(2) Terms.--The terms of the initial members of the Board shall be as follows: ``(A) The 3 members appointed and confirmed under paragraph (1)(A) shall have initial 5-year terms. ``(B) Of the 4 members elected under paragraph (1)(B), 2 shall have initial 3-year terms, and 2 shall have initial 4-year terms. ``(c) Subsequent Composition and Terms.-- ``(1) Selection.--Except for the selection of the initial members of the Board for their initial terms under subsection (b), the members of the Board shall be elected by the members of the Board. ``(2) Disqualification.--A member of the Board shall be disqualified from voting for any position on the Board for which such member is a candidate. ``(3) Terms.--All members elected pursuant to paragraph (1) shall have a term of 5 years. ``(d) Qualifications.--The members of the Board shall collectively have expertise in-- ``(1) the fields of clean energy, electric utilities, industrial decarbonization, clean transportation, resiliency, and agriculture and forestry practices; ``(2) climate change science; ``(3) finance and investments; and ``(4) environmental justice and matters related to the energy and environmental needs of climate-impacted communities. ``(e) Restriction on Membership.--No officer or employee of the Federal or any other level of government may be appointed or elected as a member of the Board. ``(f) Quorum.--Five members of the Board shall constitute a quorum. ``(g) Bylaws.-- ``(1) In general.--The Board shall adopt, and may amend, such bylaws as are necessary for the proper management and functioning of the Accelerator. ``(2) Officers.--In the bylaws described in paragraph (1), the Board shall-- ``(A) designate the officers of the Accelerator; and ``(B) prescribe the duties of those officers. ``(h) Vacancies.--Any vacancy on the Board shall be filled through election by the Board. ``(i) Interim Appointments.--A member elected to fill a vacancy occurring before the expiration of the term for which the predecessor of that member was appointed or elected shall serve for the remainder of the term for which the predecessor of that member was appointed or elected. ``(j) Reappointment.--A member of the Board may be elected for not more than 1 additional term of service as a member of the Board. ``(k) Continuation of Service.--A member of the Board whose term has expired may continue to serve on the Board until the date on which a successor member is elected. ``(l) Chief Executive Officer.--The Board shall appoint a chief executive officer who shall be responsible for-- ``(1) hiring employees of the Accelerator; ``(2) establishing the 2 divisions of the Accelerator described in sections 1624 and 1625; and ``(3) performing any other tasks necessary for the day-to- day operations of the Accelerator. ``(m) Advisory Committee.-- ``(1) Establishment.--The Accelerator shall establish an advisory committee (in this subsection referred to as the `advisory committee'), which shall be composed of not more than 13 members appointed by the Board on the recommendation of the president of the Accelerator. ``(2) Members.--Members of the advisory committee shall be broadly representative of interests concerned with the environment, production, commerce, finance, agriculture, forestry, labor, services, and State Government. Of such members-- ``(A) not fewer than 3 shall be representatives of the small business community; ``(B) not fewer than 2 shall be representatives of the labor community, except that no 2 members may be from the same labor union; ``(C) not fewer than 2 shall be representatives of the environmental nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(D) not fewer than 2 shall be representatives of the environmental justice nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(E) not fewer than 2 shall be representatives of the consumer protection and fair lending community, except that no 2 members may be from the same consumer protection or fair lending organization; and ``(F) not fewer than 2 shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets. ``(3) Meetings.--The advisory committee shall meet not less frequently than once each quarter. ``(4) Duties.--The advisory committee shall-- ``(A) advise the Accelerator on the programs undertaken by the Accelerator; and ``(B) submit to the Congress an annual report with comments from the advisory committee on the extent to which the Accelerator is meeting the mandate described in section 1623, including any suggestions for improvement. ``(n) Chief Risk Officer.-- ``(1) Appointment.--Subject to the approval of the Board, the chief executive officer shall appoint a chief risk officer from among individuals with experience at a senior level in financial risk management, who-- ``(A) shall report directly to the Board; and ``(B) shall be removable only by a majority vote of the Board. ``(2) Duties.--The chief risk officer, in coordination with the risk management and audit committees established under section 1632, shall develop, implement, and manage a comprehensive process for identifying, assessing, monitoring, and limiting risks to the Accelerator, including the overall portfolio diversification of the Accelerator. ``SEC. 1630. ADMINISTRATION. ``(a) Capitalization.-- ``(1) In general.--To the extent and in the amounts provided in advance in appropriations Acts, the Secretary of Energy shall transfer to the Accelerator-- ``(A) $50,000,000,000 on the date on which the Accelerator is established under section 1622; and ``(B) $10,000,000,000 on October 1 of each of the 5 fiscal years following that date. ``(2) Authorization of appropriations.--For purposes of the transfers under paragraph (1), there are authorized to be appropriated-- ``(A) $50,000,000,000 for the fiscal year in which the Accelerator is established under section 1622; and ``(B) $10,000,000,000 for each of the 5 succeeding fiscal years. ``(b) Charter.--The Accelerator shall establish a charter, the term of which shall be 30 years. ``(c) Use of Funds and Recycling.--To the extent and in the amounts provided in advance in appropriations Acts, the Accelerator-- ``(1) may use funds transferred pursuant to subsection (a)(1) to carry out this subtitle, including for operating expenses; and ``(2) shall retain and manage all repayments and other revenue received under this subtitle from financing fees, interest, repaid loans, and other types of funding to carry out this subtitle, including for-- ``(A) operating expenses; and ``(B) recycling such payments and other revenue for future lending and capital deployment in accordance with this subtitle. ``(d) Report.--The Accelerator shall submit on a quarterly basis to the relevant committees of Congress a report that describes the financial activities, emissions reductions, and private capital mobilization metrics of the Accelerator for the previous quarter. ``(e) Restriction.--The Accelerator shall not accept deposits. ``(f) Committees.--The Board shall establish committees and subcommittees, including-- ``(1) an investment committee; and ``(2) in accordance with section 1631-- ``(A) a risk management committee; and ``(B) an audit committee. ``SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND AUDIT COMMITTEE. ``(a) In General.--To assist the Board in fulfilling the duties and responsibilities of the Board under this subtitle, the Board shall establish a risk management committee and an audit committee. ``(b) Duties and Responsibilities of Risk Management Committee.-- Subject to the direction of the Board, the risk management committee established under subsection (a) shall establish policies for and have oversight responsibility for-- ``(1) formulating the risk management policies of the operations of the Accelerator; ``(2) reviewing and providing guidance on operation of the global risk management framework of the Accelerator; ``(3) developing policies for-- ``(A) investment; ``(B) enterprise risk management; ``(C) monitoring; and ``(D) management of strategic, reputational, regulatory, operational, developmental, environmental, social, and financial risks; and ``(4) developing the risk profile of the Accelerator, including-- ``(A) a risk management and compliance framework; and ``(B) a governance structure to support that framework. ``(c) Duties and Responsibilities of Audit Committee.--Subject to the direction of the Board, the audit committee established under subsection (a) shall have oversight responsibility for-- ``(1) the integrity of-- ``(A) the financial reporting of the Accelerator; and ``(B) the systems of internal controls regarding finance and accounting; ``(2) the integrity of the financial statements of the Accelerator; ``(3) the performance of the internal audit function of the Accelerator; and ``(4) compliance with the legal and regulatory requirements related to the finances of the Accelerator. ``SEC. 1632. OVERSIGHT. ``(a) External Oversight.--The inspector general of the Department of Energy shall have oversight responsibilities over the Accelerator. ``(b) Reports and Audit.-- ``(1) Annual report.--The Accelerator shall publish an annual report which shall be transmitted by the Accelerator to the President and the Congress. ``(2) Annual audit of accounts.--The accounts of the Accelerator shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken. ``(3) Additional audits.--In addition to the annual audits under paragraph (2), the financial transactions of the Accelerator for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the Government Accountability Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States.''. <all>

Clean Energy and Sustainability Accelerator Act

To establish a Clean Energy and Sustainability Accelerator, and for other purposes.

Clean Energy and Sustainability Accelerator Act

Rep. Dingell, Debbie

D

MI

This bill establishes and capitalizes a Clean Energy and Sustainability Accelerator. The independent, nonprofit accelerator must invest in clean energy technologies and infrastructure to reduce greenhouse gas emissions. The accelerator must make capital available to state, territorial, or local green banks. The banks must be public or nonprofit specialized finance entities that use finance tools to mitigate climate change. The accelerator may also provide technical assistance and funding to states and other political subdivisions that do not have green banks to establish such banks. When investing in projects that mitigate greenhouse gas emissions, the accelerator must prioritize investments that serve climate-impacted communities (e.g., communities of color or low-income communities). In addition, the accelerator must explore the establishment of a program to provide low-interest and zero-interest loans, up to 30 years in length, to any school, metropolitan planning organization, or nonprofit organization seeking financing for the acquisition of zero-emissions vehicle fleets or associated infrastructure. Finally, the accelerator must explore the establishment of an accelerated clean energy transition program to (1) expedite the transition within the power sector to zero-emissions power generation facilities or assets, and (2) invest in local economic development in communities affected by this transition away from carbon-intensive facilities or assets.

SHORT TITLE. The table of contents for this Act is as follows: Sec. 1. 2. Clean Energy and Sustainability Accelerator. Mandate. Finance and investment division. Zero-emissions fleet and related infrastructure financing program. Project prioritization and requirements. Board of Directors. Establishment of risk management committee and audit committee. ``Sec. Oversight. 3. ``(3) Chief executive officer.--The term `chief executive officer' means the chief executive officer of the Accelerator. ``(6) Electrification.--The term `electrification' means the installation, construction, or use of end-use electric technology that replaces existing fossil-fuel-based technology. ``(ii) Wind. ``(C) Industrial decarbonization. ``(iii) Hydrogen vehicles. ``(G) Climate resilient infrastructure. ``(c) Full Faith and Credit.--The full faith and credit of the United States shall not extend to the Accelerator. 1623. 1624. 1625. ``There shall be within the Accelerator a Start-up Division, which shall be responsible for providing technical assistance and start-up funding to States and other political subdivisions that do not have green banks to establish green banks in those States and political subdivisions, including by working with relevant stakeholders in those States and political subdivisions. ``(B) Elected members.--Four members shall be elected unanimously by the 3 members appointed and confirmed pursuant to subparagraph (A). Of such members-- ``(A) not fewer than 3 shall be representatives of the small business community; ``(B) not fewer than 2 shall be representatives of the labor community, except that no 2 members may be from the same labor union; ``(C) not fewer than 2 shall be representatives of the environmental nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(D) not fewer than 2 shall be representatives of the environmental justice nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(E) not fewer than 2 shall be representatives of the consumer protection and fair lending community, except that no 2 members may be from the same consumer protection or fair lending organization; and ``(F) not fewer than 2 shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets. ``(2) Authorization of appropriations.--For purposes of the transfers under paragraph (1), there are authorized to be appropriated-- ``(A) $50,000,000,000 for the fiscal year in which the Accelerator is established under section 1622; and ``(B) $10,000,000,000 for each of the 5 succeeding fiscal years. ``(b) Charter.--The Accelerator shall establish a charter, the term of which shall be 30 years. ``(d) Report.--The Accelerator shall submit on a quarterly basis to the relevant committees of Congress a report that describes the financial activities, emissions reductions, and private capital mobilization metrics of the Accelerator for the previous quarter. 1631. ``(a) In General.--To assist the Board in fulfilling the duties and responsibilities of the Board under this subtitle, the Board shall establish a risk management committee and an audit committee. 1632.

1. 2. Clean Energy and Sustainability Accelerator. Mandate. Finance and investment division. Zero-emissions fleet and related infrastructure financing program. Project prioritization and requirements. Board of Directors. Establishment of risk management committee and audit committee. ``Sec. Oversight. 3. ``(3) Chief executive officer.--The term `chief executive officer' means the chief executive officer of the Accelerator. ``(C) Industrial decarbonization. ``(G) Climate resilient infrastructure. 1623. ``There shall be within the Accelerator a Start-up Division, which shall be responsible for providing technical assistance and start-up funding to States and other political subdivisions that do not have green banks to establish green banks in those States and political subdivisions, including by working with relevant stakeholders in those States and political subdivisions. ``(B) Elected members.--Four members shall be elected unanimously by the 3 members appointed and confirmed pursuant to subparagraph (A). Of such members-- ``(A) not fewer than 3 shall be representatives of the small business community; ``(B) not fewer than 2 shall be representatives of the labor community, except that no 2 members may be from the same labor union; ``(C) not fewer than 2 shall be representatives of the environmental nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(D) not fewer than 2 shall be representatives of the environmental justice nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(E) not fewer than 2 shall be representatives of the consumer protection and fair lending community, except that no 2 members may be from the same consumer protection or fair lending organization; and ``(F) not fewer than 2 shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets. ``(2) Authorization of appropriations.--For purposes of the transfers under paragraph (1), there are authorized to be appropriated-- ``(A) $50,000,000,000 for the fiscal year in which the Accelerator is established under section 1622; and ``(B) $10,000,000,000 for each of the 5 succeeding fiscal years. ``(b) Charter.--The Accelerator shall establish a charter, the term of which shall be 30 years.

SHORT TITLE. The table of contents for this Act is as follows: Sec. 1. 2. Clean Energy and Sustainability Accelerator. Definitions. Mandate. Finance and investment division. Zero-emissions fleet and related infrastructure financing program. Project prioritization and requirements. Exploration of accelerated clean energy transition program. Board of Directors. Administration. Establishment of risk management committee and audit committee. ``Sec. Oversight. 3. 1621. ``(3) Chief executive officer.--The term `chief executive officer' means the chief executive officer of the Accelerator. ``(6) Electrification.--The term `electrification' means the installation, construction, or use of end-use electric technology that replaces existing fossil-fuel-based technology. ``(ii) Wind. ``(C) Industrial decarbonization. ``(E) Agriculture and forestry projects that reduce net greenhouse gas emissions. ``(iii) Hydrogen vehicles. ``(G) Climate resilient infrastructure. ``(c) Full Faith and Credit.--The full faith and credit of the United States shall not extend to the Accelerator. 1623. 1624. 1625. ``There shall be within the Accelerator a Start-up Division, which shall be responsible for providing technical assistance and start-up funding to States and other political subdivisions that do not have green banks to establish green banks in those States and political subdivisions, including by working with relevant stakeholders in those States and political subdivisions. 1626. 1627. 1628. 1629. ``(B) Elected members.--Four members shall be elected unanimously by the 3 members appointed and confirmed pursuant to subparagraph (A). Of such members-- ``(A) not fewer than 3 shall be representatives of the small business community; ``(B) not fewer than 2 shall be representatives of the labor community, except that no 2 members may be from the same labor union; ``(C) not fewer than 2 shall be representatives of the environmental nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(D) not fewer than 2 shall be representatives of the environmental justice nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(E) not fewer than 2 shall be representatives of the consumer protection and fair lending community, except that no 2 members may be from the same consumer protection or fair lending organization; and ``(F) not fewer than 2 shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets. 1630. ``(2) Authorization of appropriations.--For purposes of the transfers under paragraph (1), there are authorized to be appropriated-- ``(A) $50,000,000,000 for the fiscal year in which the Accelerator is established under section 1622; and ``(B) $10,000,000,000 for each of the 5 succeeding fiscal years. ``(b) Charter.--The Accelerator shall establish a charter, the term of which shall be 30 years. ``(d) Report.--The Accelerator shall submit on a quarterly basis to the relevant committees of Congress a report that describes the financial activities, emissions reductions, and private capital mobilization metrics of the Accelerator for the previous quarter. 1631. ``(a) In General.--To assist the Board in fulfilling the duties and responsibilities of the Board under this subtitle, the Board shall establish a risk management committee and an audit committee. 1632.

SHORT TITLE. The table of contents for this Act is as follows: Sec. 1. 2. Clean Energy and Sustainability Accelerator. Definitions. Mandate. Finance and investment division. Zero-emissions fleet and related infrastructure financing program. Project prioritization and requirements. Exploration of accelerated clean energy transition program. Board of Directors. Administration. Establishment of risk management committee and audit committee. ``Sec. Oversight. 3. 1621. ``(3) Chief executive officer.--The term `chief executive officer' means the chief executive officer of the Accelerator. ``(4) Climate-impacted communities.--The term `climate- impacted communities' includes-- ``(A) communities of color, which include any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located; ``(B) communities that are already or are likely to be the first communities to feel the direct negative effects of climate change; ``(C) distressed neighborhoods, demonstrated by indicators of need, including poverty, childhood obesity rates, academic failure, and rates of juvenile delinquency, adjudication, or incarceration; ``(D) low-income communities, defined as any census block group in which 30 percent or more of the population are individuals with low income; ``(E) low-income households, defined as a household with annual income equal to, or less than, the greater of-- ``(i) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and ``(ii) 200 percent of the Federal poverty line; ``(F) Tribal communities; ``(G) persistent poverty counties, defined as any county that has had a poverty rate of 20 percent or more for the past 30 years as measured by the 2000, 2010, and 2020 decennial censuses; ``(H) communities disproportionately affected by environmental pollution and other hazards that can lead to negative public health effects; and ``(I) communities that are economically reliant on fossil fuel-based industries. ``(6) Electrification.--The term `electrification' means the installation, construction, or use of end-use electric technology that replaces existing fossil-fuel-based technology. ``(10) Qualified projects.--The terms `qualified projects' means the following kinds of technologies and activities that are eligible for financing and investment from the Clean Energy and Sustainability Accelerator, either directly or through State, Territorial, and local green banks funded by the Clean Energy and Sustainability Accelerator: ``(A) Renewable energy generation, including the following: ``(i) Solar. ``(ii) Wind. ``(iv) Hydropower. ``(v) Ocean and hydrokinetic. ``(B) Building energy efficiency, fuel switching, and electrification. ``(C) Industrial decarbonization. ``(D) Grid technology such as transmission, distribution, and storage to support clean energy distribution, including smart-grid applications. ``(E) Agriculture and forestry projects that reduce net greenhouse gas emissions. ``(iii) Hydrogen vehicles. ``(G) Climate resilient infrastructure. ``(c) Full Faith and Credit.--The full faith and credit of the United States shall not extend to the Accelerator. ``(d) Nonprofit Status.--The Accelerator shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1623. 1624. 1625. ``There shall be within the Accelerator a Start-up Division, which shall be responsible for providing technical assistance and start-up funding to States and other political subdivisions that do not have green banks to establish green banks in those States and political subdivisions, including by working with relevant stakeholders in those States and political subdivisions. 1626. 1627. 1601 et seq. 1628. 1629. ``(B) Elected members.--Four members shall be elected unanimously by the 3 members appointed and confirmed pursuant to subparagraph (A). ``(c) Subsequent Composition and Terms.-- ``(1) Selection.--Except for the selection of the initial members of the Board for their initial terms under subsection (b), the members of the Board shall be elected by the members of the Board. ``(m) Advisory Committee.-- ``(1) Establishment.--The Accelerator shall establish an advisory committee (in this subsection referred to as the `advisory committee'), which shall be composed of not more than 13 members appointed by the Board on the recommendation of the president of the Accelerator. Of such members-- ``(A) not fewer than 3 shall be representatives of the small business community; ``(B) not fewer than 2 shall be representatives of the labor community, except that no 2 members may be from the same labor union; ``(C) not fewer than 2 shall be representatives of the environmental nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(D) not fewer than 2 shall be representatives of the environmental justice nongovernmental organization community, except that no 2 members may be from the same environmental organization; ``(E) not fewer than 2 shall be representatives of the consumer protection and fair lending community, except that no 2 members may be from the same consumer protection or fair lending organization; and ``(F) not fewer than 2 shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets. 1630. ``(2) Authorization of appropriations.--For purposes of the transfers under paragraph (1), there are authorized to be appropriated-- ``(A) $50,000,000,000 for the fiscal year in which the Accelerator is established under section 1622; and ``(B) $10,000,000,000 for each of the 5 succeeding fiscal years. ``(b) Charter.--The Accelerator shall establish a charter, the term of which shall be 30 years. ``(d) Report.--The Accelerator shall submit on a quarterly basis to the relevant committees of Congress a report that describes the financial activities, emissions reductions, and private capital mobilization metrics of the Accelerator for the previous quarter. 1631. ``(a) In General.--To assist the Board in fulfilling the duties and responsibilities of the Board under this subtitle, the Board shall establish a risk management committee and an audit committee. 1632. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken.

H.R.9219

Civil Rights and Liberties, Minority Issues

Justice for All Act of 2022 This bill prohibits discrimination based on sex, sexual orientation, gender identity, or race-related characteristics in schools, businesses, federally funded programs, and other settings. It also provides statutory authority for and expands the types of civil actions that may be brought for violations. For example, the bill expands provisions under the Civil Rights Act of 1964 so as to (1) prohibit federally funded programs from discriminating based on sex or religion; and (2) prohibit public accommodations, including stores and transit services, from discriminating based on sex. The bill defines sex to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics. It also expands the definition of race to include traits that have been historically associated with race (e.g., natural hair textures). The expanded definitions apply to the Civil Rights Act of 1964, the Fair Housing Act (discrimination in public and private housing), and Title IX of the Education Amendments of 1972 (discrimination based on sex in federally funded educational programs). Further, the bill provides statutory authority for disparate impact or intentional discrimination claims under the aforementioned acts, as well as the Age Discrimination Act of 1975 (discrimination based on age by federally funded programs) and the Rehabilitation Act of 1973 (discrimination based on disability by federally funded programs). The bill also includes other provisions that address (1) profiling by law enforcement officers, (2) employer liability with respect to civil rights violations, (3) predispute arbitration agreements in civil rights cases, and (4) governmental immunity in suits involving constitutional violations.

To amend the Civil Rights Act of 1964 to clarify that disparate impacts on certain populations constitute a sufficient basis for rights of action under such Act, 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 ``Justice for All Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) This Act is made necessary by a decision of the Supreme Court in Alexander v. Sandoval, 532 U.S. 275 (2001) that significantly impairs statutory protections against discrimination that Congress has erected over a period of almost 4 decades. The Sandoval decision undermines these statutory protections by stripping victims of discrimination (defined under regulations that Congress required Federal departments and agencies to promulgate to implement title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)) of the right to bring action in Federal court to redress the discrimination. (2) The Sandoval decision contradicts settled expectations created by title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972 (also known as the ``Patsy Takemoto Mink Equal Opportunity in Education Act'') (20 U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (collectively referred to in this Act as the ``covered civil rights provisions''). The covered civil rights provisions were designed to establish and make effective the rights of persons to be free from discrimination on the part of entities that are subject to 1 or more of the covered civil rights provisions, as appropriate (referred to in this Act as ``covered entities''). In 1964 Congress adopted title VI of the Civil Rights Act of 1964 to ensure that Federal dollars would not be used to subsidize or support programs or activities that discriminated on racial, color, or national origin grounds. In the years that followed, Congress extended these protections by enacting laws barring discrimination in federally funded education activities on the basis of sex in title IX of the Education Amendments of 1972, and discrimination in federally funded activities on the basis of age in the Age Discrimination Act of 1975 and disability in section 504 of the Rehabilitation Act of 1973. (3) All of the statutes cited in this section were designed to protect persons subject to discrimination. As Congress has consistently recognized, effective enforcement of the statutes and protection of the rights guaranteed under the statutes depend heavily on the efforts of private attorneys general. Congress acknowledged that it could not secure compliance solely through administrative efforts and enforcement actions initiated by the Attorney General. Newman v. Piggie Park Enterprises, 390 U.S. 400 (1968) (per curiam). (4) The Supreme Court has made it clear that individuals suffering discrimination under these statutes have a private right of action in the Federal courts, and that this is necessary for effective protection of the law, although Congress did not make such a right of action explicit in the statute involved. Cannon v. University of Chicago, 441 U.S. 677 (1979). (5) Furthermore, for effective enforcement of the statutes cited in this section, it is necessary that the private right of action include a means to challenge all forms of discrimination that are prohibited by the statutes, including practices that have a disparate impact and are not justified as necessary to achieve the legitimate goals of programs or activities supported by Federal financial assistance. (6) By reinstating a private right of action to challenge disparate impact discrimination under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and confirming that right for other civil rights statutes, Congress is not acting in a manner that would expose covered entities to unfair findings of discrimination. The legal standard for a disparate impact claim has never been structured so that a finding of discrimination could be based on numerical imbalance alone. (7) In contrast, a failure to reinstate or confirm a private right of action would leave vindication of the rights to equality of opportunity solely to Federal agencies. Action by Congress to specify a private right of action is necessary to ensure that persons will have a remedy if they are denied equal access to education, housing, health, environmental protection, transportation, and many other programs and services by practices of covered entities that result in discrimination. (8) As a result of the Supreme Court's decision in Sandoval, courts have dismissed numerous claims brought under the regulations promulgated pursuant to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) that challenged actions with an unjustified discriminatory effect. Although the Sandoval Court did not address title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), lower courts have similarly dismissed claims under such title. (9) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) has received different treatment by the Supreme Court. In Alexander v. Choate, 469 U.S. 287 (1985), the Court proceeded on the assumption that the statute itself prohibited some actions that had a disparate impact on disabled individuals--an assumption borne out by congressional statements made during passage of the Act. In Sandoval, the Court appeared to accept this principle of Alexander. Moreover, the Supreme Court explicitly recognized congressional approval of the regulations promulgated to implement section 504 of the Rehabilitation Act of 1973 in Consolidated Rail Corp. v. Darrone, 465 U.S. 624, 634 (1984). Relying on the validity of the regulations, Congress incorporated the regulations into the statutory requirements of section 204 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12134). Nonetheless, Sandoval creates the potential for uncertainty in the application of critical protections of Section 504, particularly in the lower courts. (10) The right to maintain a private right of action under a provision added to a statute under this Act will be effectuated by a waiver of sovereign immunity in the same manner as sovereign immunity is waived under the remaining provisions of that statute. (11) Numerous provisions of Federal law expressly prohibit discrimination on the basis of sex, and Federal agencies and courts have correctly interpreted these prohibitions on sex discrimination to include discrimination based on sexual orientation, gender identity, and sex stereotypes. In particular, the Equal Employment Opportunity Commission correctly interpreted title VII of the Civil Rights Act of 1964 in Macy v. Holder, Baldwin v. Foxx, and Lusardi v. McHugh. (12) In forbidding discrimination based on sex, Congress intended to strike at the entire spectrum of disparate treatment resulting from sex-related characteristics. The Supreme Court correctly recognized in Price Waterhouse v. Hopkins and Oncale v. Sundowner Offshore Services that among these characteristics are sex-stereotypes, including masculinity and femininity. Congress reaffirmed in the Pregnancy Discrimination Act of 1978 that discrimination on the basis of ``sex'' includes but is not limited to discrimination on the basis of ``pregnancy, childbirth, or related medical conditions.''. (13) The absence of explicit prohibitions of discrimination on the basis of sexual orientation and gender identity under Federal statutory law has created uncertainty for employers and other entities covered by Federal nondiscrimination laws and caused unnecessary hardships for LGBTQ individuals. (14) The Supreme Court correctly recognized in Hobby Lobby v. Burwell that the Religious Freedom Restoration Act of 1993 (RFRA) ``provides no . . . shield'' to those who ``cloak'' discrimination as ``religious practice to escape legal sanction.'' This Act reaffirms that crucial limitation on RFRA, that Congress did not intend for it to be used--and indeed it cannot be used--to provide a defense against allegations of discrimination on the basis of any protected trait. (15) Chapter 1 of title 9, United States Code (commonly known as the ``Federal Arbitration Act''), represented an exercise of legislative power that required courts to recognize private voluntary agreements to arbitrate commercial disputes at a time when the courts were refusing to do so on grounds that arbitration represented a usurpation of the authority of the courts to resolve legal disputes. (16) The Federal Arbitration Act did not, and should not have been interpreted to, supplant or nullify the legislatively created rights and remedies that Congress, exercising its power under article I of the Constitution of the United States, has granted to the people of the United States for resolving disputes in State and Federal courts. (17) Recent court decisions, including AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), have interpreted the Federal Arbitration Act to broadly preempt rights and remedies established under substantive State and Federal law. As a result, these decisions have enabled business entities to avoid or nullify legal duties created by congressional enactment, resulting in millions of people in the United States being unable to vindicate their rights in State and Federal courts. (18) States have a compelling interest in enacting rights and remedies to protect the welfare of their citizens, and the Federal Arbitration Act should not be, and should not have been, interpreted to preempt State legislation that enacted rights and remedies to protect the welfare of their citizens. (19) The Supreme Court misinterpreted title VII of the Civil Rights Act in establishing the Faragher-Ellerth affirmative defense in Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth. This affirmative defense often leaves victims of sexual harassment with no remedy or recourse after incidence of sexual or other harassment. Violations of the law, and injuries to a victim and their rights, are not cured by the existence of an anti- harassment policy or the lack of future harm, and in a hostile work environment taking preventative measures is not a requirement that falls on the victim. (20) Bringing a lawsuit to vindicate civil rights is financially risky, and law firms, whether large or small, are unlikely to take such cases on. Congress enacted the Civil Rights Attorney's Fees Award Act of 1976 in order to make lawsuits to vindicate civil rights more accessible to potential plaintiffs. The Supreme Court correctly recognized in City of Riverside v. Rivera that the effectuation of congressional intent requires viable civil rights lawsuits, which are dependent on the availability of private enforcement mechanisms and the corresponding availability of attorney's fees. (21) However, the Supreme Court incorrectly held that the ``catalyst theory'' is not a permissible basis for the award of attorney's fees in Buckhannon v. West Virginia Department of Health & Human Resources. In doing so, the Court deprived plaintiffs who effectively win a lawsuit through a settlement, from receiving pre-trial attorney's fees. Congress enacted fee- shifting provisions in civil rights laws to encourage private enforcement of those laws, and fees must be awarded when a lawsuit vindicates the rights Congress sought to secure. In disapproving of the ``catalyst theory'' the Court incentivized potential defendants to draw out the pre-trial process and settle at the last second, making the lawsuit too expensive for the average victim to undertake and too risky for the average attorney to accept a civil rights case. (22) The Civil Rights Act of 1964, and other civil rights laws that followed it, were written, in part, to banish rampant disparate treatment on the basis of race from American society. Congress sought to overcome the pervasive, racist ideology that Black traits were inferior by prohibiting discrimination, and intended the Act to be interpreted broadly--encompassing race and all its attributes, especially those traits historically associated with race. (23) ``Blackness'' and its associated physical traits, such as dark skin and kinky and curly hair, have too often been equated with inferiority and ``unprofessionalism.'' Professionalism was, and still is, closely linked to European features and mannerisms, which entails that those who do not naturally fall into Eurocentric norms must alter their appearances, sometimes drastically and permanently, in order to be deemed professional. Such norms are, on their face, proxies for race. (24) Federal courts have correctly interpreted, e.g. that title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, and thus protect individuals from discrimination against afros. However, the courts have yet to accept that the Act outlaws dress codes and grooming policies that prohibit any natural presentation of Black hair, including afros, braids, twists, and locks. Although purportedly ``race-neutral'', these policies have a disparate impact on Black individuals as they are more likely to deter, burden, or punish Black individuals than any other group. Therefore, hair discrimination targeting hairstyles associated with race is racial discrimination. SEC. 3. PROHIBITED DISCRIMINATION. (a) Civil Rights Act of 1964.--Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended-- (1) by striking ``No'' and inserting ``(a) No''; (2) by inserting ``religion, sex (as such term is defined in section 208),'' before ``or national origin''; and (3) by adding at the end the following: ``(b)(1)(A) Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if-- ``(i) a person aggrieved by discrimination on the basis of race, color, sex (as defined in section 208), or national origin (referred to in this title as an `person aggrieved') demonstrates that an entity subject to this title (referred to in this title as a `covered entity') has a policy or practice that causes a disparate impact on the basis of race, color, sex (as such term is defined in section 208), or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or ``(ii) the person aggrieved demonstrates (consistent with the demonstration required under title VII with respect to an `alternative employment practice') that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. ``(B)(i) With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph (A)(i), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the person aggrieved demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as 1 policy or practice. ``(ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. ``(2) A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. ``(3) In this subsection, the term `demonstrates' means meets the burdens of production and persuasion.''. (b) Education Amendments of 1972.--Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is amended-- (1) by redesignating subsection (c) as subsection (e); and (2) by inserting after subsection (b) the following: ``(c)(1)(A) Subject to the conditions described in paragraphs (1) through (9) of subsection (a), discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if-- ``(i) a person aggrieved by discrimination on the basis of sex (as such term is defined in section 208 of the Civil Rights Act of 1964) (referred to in this title as an `person aggrieved') demonstrates that an entity subject to this title (referred to in this title as a `covered entity') has a policy or practice that causes a disparate impact on the basis of sex and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or ``(ii) the person aggrieved demonstrates (consistent with the demonstration required under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) with respect to an `alternative employment practice') that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. ``(B)(i) With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph (A)(i), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the person aggrieved demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as 1 policy or practice. ``(ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. ``(2) A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. ``(3) In this subsection, the term `demonstrates' means meets the burdens of production and persuasion.''. (c) Age Discrimination Act of 1975.--Section 303 of the Age Discrimination Act of 1975 (42 U.S.C. 6102) is amended-- (1) by striking ``Pursuant'' and inserting ``(a) Pursuant''; and (2) by adding at the end the following: ``(b)(1)(A) Subject to the conditions described in subsections (b) and (c) of section 304, discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if-- ``(i) a person aggrieved by discrimination on the basis of age (referred to in this title as a `person aggrieved') demonstrates that an entity subject to this title (referred to in this title as a `covered entity') has a policy or practice that causes a disparate impact on the basis of age and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or ``(ii) the person aggrieved demonstrates (consistent with the demonstration required under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) with respect to an `alternative employment practice') that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. ``(B)(i) With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subparagraph (A)(i), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the person aggrieved demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as 1 policy or practice. ``(ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. ``(2) A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. ``(3) In this subsection, the term `demonstrates' means meets the burdens of production and persuasion.''. (d) Fair Housing Act.--The Fair Housing Act (title VIII of the Civil Rights Act of 1968; 42 U.S.C. 3601 et seq.) is amended-- (1) in section 802, by adding at the end the following: ``(p) `Sex' has the meaning given such term in section 208 of the Civil Rights Act of 1964. ``(q) `Source of income' includes-- ``(1) any income from a profession, occupation, or job; ``(2) any form of Federal, State, or local housing assistance provided to a family or provided to a housing owner on behalf of a family, or private assistance, grant, loan or rental assistance program, including low-income housing assistance certificates, rental subsidies from nongovernmental organizations, and vouchers issued under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); ``(3) any income received during a taxable year as Social Security benefits, as defined in section 86(d) of the Internal Revenue Code of 1986, or as supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); ``(4) any gift, inheritance, pension, annuity, or other consideration or benefit; ``(5) any income received pursuant to court order, including spousal support and child support; ``(6) any payment from a trust, guardian, or conservator; ``(7) any income from the sale or pledge of property or an interest in property; and ``(8) any other lawful source of income. ``(r) `Race', `color', `religion', `sex', `sexual orientation', `gender identity', `handicap', `familial status', `source of income', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, source of income, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, source of income, or national origin, respectively, of the individual.''; (2) in section 804, by inserting ``(as defined in section 208 of the Civil Rights Act of 1964), source of income,'' after ``sex'' each place that term appears; (3) in section 805, by inserting ``(as defined in section 208 of the Civil Rights Act of 1964), source of income,'' after ``sex'' each place that term appears; (4) in section 806, by inserting ``(as defined in section 208 of the Civil Rights Act of 1964), source of income,'' after ``sex''; (5) in section 807 (42 U.S.C. 3607), by adding at the end the following: ``(c) Nothing in this title shall be construed to-- ``(1) prohibit an entity from providing housing assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) in a nondiscriminatory manner; or ``(2) limit the ability of the owner of a dwelling to determine, in a commercially reasonable and non-discriminatory manner, the ability of a person to afford to purchase or rent the dwelling.''; and (6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by inserting ``source of income,'' after ``handicap,''. (e) Prevention of Intimidation in Fair Housing Cases.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting ``(as such term is defined in section 208 of the Civil Rights Act of 1964), source of income (as defined in section 802),'' after ``sex'' each place that term appears. SEC. 4. RIGHT OF RECOVERY. (a) Civil Rights Act of 1964.--Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by inserting after section 602 the following: ``SEC. 602A. ACTIONS BROUGHT BY PERSONS AGGRIEVED. ``(a) Claims Based on Proof of Intentional Discrimination.--In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(b) Claims Based on the Disparate Impact Standard of Proof.--In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(c) Settlement.--In any settlement agreement or consent decree to resolve an action brought or which may be brought under this title, attorney's fees of the plaintiff shall be included.''. (b) Education Amendments of 1972.--Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) is amended by inserting after section 902 the following: ``SEC. 902A. ACTIONS BROUGHT BY PERSONS AGGRIEVED. ``(a) Claims Based on Proof of Intentional Discrimination.--In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(b) Claims Based on the Disparate Impact Standard of Proof.--In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(c) Settlement.--In any settlement agreement or consent decree to resolve an action brought or which may be brought under this title, attorney's fees of the plaintiff shall be included.''. (c) Age Discrimination Act of 1975.-- (1) In general.--Section 305 of the Age Discrimination Act of 1975 (42 U.S.C. 6104) is amended by adding at the end the following: ``(g)(1) In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(2) In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(3) In any settlement agreement or consent decree to resolve an action brought or which may be brought under this title, attorney's fees of the plaintiff shall be included.''. (2) Conformity of ada with title vi and title ix.-- (A) Eliminating waiver of right to fees if not requested in complaint.--Section 305(e)(1) of the Age Discrimination Act of 1975 (42 U.S.C. 6104(e)) is amended-- (i) by striking ``to enjoin a violation'' and inserting ``to redress a violation''; and (ii) by striking the second sentence and inserting the following: ``The Court shall award the costs of suit, including a reasonable attorney's fee (including expert fees), to the prevailing plaintiff.''. (B) Eliminating unnecessary mandates: to exhaust administrative remedies; and to delay suit longer than 180 days to obtain agency review.--Section 305(f) of the Age Discrimination Act of 1975 (42 U.S.C. 6104(f)) is amended by striking ``With respect to actions brought for relief based on an alleged violation of the provisions of this title,'' and inserting ``Actions brought for relief based on an alleged violation of the provisions of this title may be initiated in a court of competent jurisdiction, pursuant to section 305(e), or before the relevant Federal department or agency. With respect to such actions brought initially before the relevant Federal department or agency,''. (C) Eliminating duplicative ``reasonableness'' requirement; clarifying that ``reasonable factors other than age'' is defense to a disparate impact claim, not an exception to ada coverage.--Section 304(b)(1) of the Age Discrimination Act of 1975 (42 U.S.C. 6103(b)(1)) is amended by striking ``involved--'' and all that follows through the period and inserting ``involved such action reasonably takes into account age as a factor necessary to the normal operation or the achievement of any statutory objective of such program or activity.''. (d) Rehabilitation Act of 1973.--Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is amended by adding at the end the following: ``(e)(1) In an action brought by a person aggrieved by discrimination on the basis of disability (referred to in this section as an `person aggrieved') under this section against an entity subject to this section (referred to in this section as a `covered entity') who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this section (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(2) In an action brought by a person aggrieved under this section against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this section (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(3) Equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs shall be available in all cases brought for the failure to provide reasonable accommodations or reasonable modifications, or the failure to comply with requirements of effective communication, accessible design, maintenance of accessible features, or program accessibility. ``(4) In any settlement agreement or consent decree to resolve an action brought or which may be brought under this section, attorney's fees of the plaintiff shall be included.''. (e) Fair Housing Act.--The Fair Housing Act (title VIII of the Civil Rights Act of 1968; 42 U.S.C. 3601 et seq.), as amended by this Act, is further amended by adding at the end the following: ``SEC. 823. DISPARATE IMPACT. ``(a) In General.-- ``(1) Establishment.--Discrimination (including exclusion from participation and denial of benefits) based on disparate impact is established under this title only if-- ``(A) a person aggrieved by discrimination on the basis of race, color, sex, or national origin demonstrates that an entity subject to this title (referred to in this title as a `covered entity') has a policy or practice that causes a disparate impact on the basis of race, color, sex, or national origin and the covered entity fails to demonstrate that the challenged policy or practice is related to and necessary to achieve the nondiscriminatory goals of the program or activity alleged to have been operated in a discriminatory manner; or ``(B) the person aggrieved demonstrates that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. ``(2) Demonstration.-- ``(A) Causation.--With respect to demonstrating that a particular policy or practice causes a disparate impact as described in subsection (a)(1), the person aggrieved shall demonstrate that each particular challenged policy or practice causes a disparate impact, except that if the person aggrieved demonstrates to the court that the elements of a covered entity's decisionmaking process are not capable of separation for analysis, the decisionmaking process may be analyzed as 1 policy or practice. ``(B) No Requirement To Demonstrate.--If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. ``(b) Necessity of Intentional Discrimination To Achieve Policy Goals Not a Defense.--A demonstration that a policy or practice is necessary to achieve the goals of a program or activity may not be used as a defense against a claim of intentional discrimination under this title. ``(c) Definition.--In this section, the term `demonstrates' means meets the burdens of production and persuasion. ``SEC. 824. RELIEF FOR CLAIMS BASED ON DIFFERING STANDARDS OF PROOF. ``(a) Claims Based on Proof of Intentional Discrimination.--In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(b) Claims Based on the Disparate Impact Standard of Proof.--In an action brought by a person aggrieved under this title against a covered entity who has engaged in unlawful discrimination based on disparate impact prohibited under this title (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. ``(c) Relief Available.--Equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs shall be available in all cases brought for the failure to permit reasonable accommodations, make reasonable modifications, or design and construct accessible dwellings as required by section 804(f)(3)(C). ``(d) Settlement.--In any settlement agreement or consent decree to resolve an action brought or which may be brought under this title, attorney's fees of the plaintiff shall be included.''. SEC. 5. PROHIBITION ON DISCRIMINATION BY LAW ENFORCEMENT. (a) Definitions.--In this section-- (1) The term ``governmental body'' means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian tribal government. (2) The term ``Indian tribe'' has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (3) The term ``law enforcement agency'' means any Federal, State, local, or Indian tribal governmental body engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (4) The term ``law enforcement agent'' means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (5) The term ``profiling'' means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, sex (as defined in section 208 of the Civil Rights Act of 1964), gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following any initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme. (6) The term ``routine or spontaneous investigatory activities'' means the following activities by a law enforcement agent: (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection, analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (I) Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics. (7) The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (8) The term ``unit of local government'' means-- (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that-- (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or (C) any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior. (b) Prohibition of Profiling.-- (1) In general.--No law enforcement agent or law enforcement agency shall engage in profiling. (2) Enforcement.-- (A) Remedy.--The United States, or an individual injured by profiling, may enforce this title in a civil action for equitable or legal relief, filed in a State court of general jurisdiction or in a district court of the United States. (B) Parties.--In any action brought under this title, relief may be obtained against-- (i) any governmental body that employed any law enforcement agent who engaged in profiling; (ii) any agent of such body who engaged in profiling; and (iii) any person with supervisory authority over such agent. (C) Nature of proof.--Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in subsection (a)(5) shall constitute prima facie evidence of a violation of this section. (D) Attorney's fees.--In any action or proceeding to enforce this section against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fees. SEC. 6. PUBLIC ACCOMMODATIONS. (a) Prohibition on Discrimination or Segregation in Public Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended-- (1) in subsection (a), by inserting ``sex,'' before ``or national origin''; and (2) in subsection (b)-- (A) in paragraph (3), by striking ``stadium'' and all that follows and inserting ``stadium or other place or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display;''; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, funeral parlor, or any establishment that provides health care, accounting, or legal services; ``(5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and''. (b) Prohibition on Discrimination or Segregation Under Law.-- Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting ``sex,'' before ``or national origin''. (c) Definitions and Rules of Construction.--Title II of such Act (42 U.S.C. 2000a et seq.) is amended by adding at the end the following: ``SEC. 208. DEFINITIONS AND RULES. ``(a) Definitions.-- ``(1) Race; color; religion; sex; sexual orientation; gender identity; national origin.--The term `race', `color', `religion', `sex (including sexual orientation and gender identity)', or `national origin', used with respect to an individual, includes-- ``(A) the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of another person with whom the individual is associated or has been associated; ``(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of the individual; and ``(C) in the case of race, traits historically associated with race, including natural hair texture and protective hairstyles. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. ``(4) Natural hairstyles.--The term `natural hair' includes-- ``(A) protective and natural hairstyles, which includes braids, locs, weaves, twists, afros; and ``(B) natural hair texture, which includes wavy, kinky, curl, and coily, and also the variation of texture in between. ``(5) Sex.--The term `sex' includes-- ``(A) a sex stereotype; ``(B) pregnancy, childbirth, or a related medical condition; ``(C) sexual orientation or gender identity; and ``(D) sex characteristics, including intersex traits. ``(6) Sexual orientation.--The term `sexual orientation' means an individual's actual or perceived romantic, physical, or sexual attraction to other persons, or lack thereof, that includes heterosexuality, homosexuality, and bisexuality. ``(b) Rules.--In providing a remedy under this Act: ``(1) In the case of any conduct alleged to be discriminatory on the basis of sex, the remedy under this Act for such conduct, to the extent it pertains to pregnancy, childbirth, or a related medical condition may not result in a less substantial remedy than any other remedy for discrimination on the basis of sex. ``(2) In the case of any conduct alleged to be discriminatory on the basis of sex (with respect to gender identity), an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity. ``SEC. 209. RULES OF CONSTRUCTION. ``(a) Claims and Remedies Not Precluded.--Nothing in this title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex, or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including the Federal law amended by the Customer Non- Discrimination Act, regulation, or policy. ``(b) No Negative Inference.--Nothing in this title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype. ``(c) Scope of an Establishment.--A reference in this title to an establishment-- ``(1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and ``(2) shall not be construed to be limited to a physical facility or place. ``SEC. 210. CLAIMS. ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under this title or provide a basis for challenging the application or enforcement of this title.''. SEC. 7. STRICT VICARIOUS EMPLOYER LIABILITY AND FARAGHER-ELLERTH AFFIRMATIVE DEFENSE REMOVED. Section 706 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5 et seq.) is amended by adding at the end the following: ``(l) An employer shall be liable for any act of discrimination prohibited under this title (including harassment, intimidation, or retaliation) committed by any of its employees. ``(m) It shall not be a defense to a claim under this title or provide a basis for challenging the application or enforcement of this title-- ``(1) that an employer exercised reasonable care in attempting to prevent or took corrective action regarding any act of discrimination on the basis of sex (including intimidation, harassment, or retaliation); ``(2) that adverse employment action was not taken by such an employer; or ``(3) that an employee affected by that act did not take advantage of preventive opportunities to avoid harm.''. SEC. 8. ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES. (a) Purposes.--The purposes of this section are to-- (1) prohibit predispute arbitration agreements that force arbitration of future employment, consumer, or civil rights disputes; and (2) prohibit agreements and practices that interfere with the right of individuals, workers, and small businesses to participate in a joint, class, or collective action related to an employment, consumer, or civil rights dispute. (b) In General.--Title 9 of the United States Code is amended by adding at the end the following: ``CHAPTER 4--ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES ``SEC. 401. DEFINITIONS. ``In this chapter-- ``(1) the term `civil rights dispute' means a dispute-- ``(A) arising from an alleged violation of-- ``(i) the Constitution of the United States or the constitution of a State; or ``(ii) any Federal, State, or local law that prohibits discrimination on the basis of race, sex, age, gender identity, sexual orientation, disability, religion, national origin, or any legally protected status in education, employment, credit, housing, public accommodations and facilities, voting, veterans or servicemembers, health care, or a program funded or conducted by the Federal Government or State government, including any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis; and ``(B) in which at least one party alleging a violation described in subparagraph (A) is one or more individuals (or their authorized representative), including one or more individuals seeking certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; ``(2) the term `consumer dispute' means a dispute between-- ``(A) one or more individuals who seek or acquire real or personal property, services (including services related to digital technology), securities or other investments, money, or credit for personal, family, or household purposes including an individual or individuals who seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or a comparable rule or provision of State law; and ``(B)(i) the seller or provider of such property, services, securities or other investments, money, or credit; or ``(ii) a third party involved in the selling, providing of, payment for, receipt or use of information about, or other relationship to any such property, services, securities or other investments, money, or credit; ``(3) the term `employment dispute' means a dispute between one or more individuals (or their authorized representative) and a person arising out of or related to the work relationship or prospective work relationship between them, including a dispute regarding the terms of or payment for, advertising of, recruiting for, referring of, arranging for, or discipline or discharge in connection with, such work, regardless of whether the individual is or would be classified as an employee or an independent contractor with respect to such work, and including a dispute arising under any law referred to or described in section 62(e) of the Internal Revenue Code of 1986, including parts of such law not explicitly referenced in such section but that relate to protecting individuals on any such basis, and including a dispute in which an individual or individuals seek certification as a class under rule 23 of the Federal Rules of Civil Procedure or as a collective action under section 16(b) of the Fair Labor Standards Act, or a comparable rule or provision of State law; ``(4) the term `predispute arbitration agreement' means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement; and ``(5) the term `predispute joint-action waiver' means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement. ``SEC. 402. NO VALIDITY OR ENFORCEABILITY. ``(a) In General.--Notwithstanding any other provision of this title, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to an employment dispute, consumer dispute, or civil rights dispute. ``(b) Applicability.-- ``(1) In general.--An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. ``(2) Collective bargaining agreements.--Nothing in this chapter shall apply to any arbitration provision in a contract between an employer and a labor organization or between labor organizations, except that no such arbitration provision shall have the effect of waiving the right of a worker to seek judicial enforcement of a right arising under a provision of the Constitution of the United States, a State constitution, or a Federal or State statute, or public policy arising therefrom.''. (c) Technical and Conforming Amendments.-- (1) In general.--Title 9 of the United States Code is amended-- (A) in section 1 by striking ``of seamen,'' and all that follows through ``interstate commerce,'' and inserting in its place ``of individuals, regardless of whether such individuals are designated as employees or independent contractors for other purposes'', (B) in section 2 by inserting ``or as otherwise provided in chapter 4'' before the period at the end, (C) in section 208-- (i) in the section heading by striking ``chapter 1; residual application'' and inserting ``application'', and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.'', and (D) in section 307-- (i) in the section heading by striking ``chapter 1; residual application'' and inserting ``application'', and (ii) by adding at the end the following: ``This chapter applies to the extent that this chapter is not in conflict with chapter 4.''. (2) Table of sections.-- (A) Chapter 2.--The table of sections of chapter 2 of title 9, United States Code, is amended by striking the item relating to section 208 and inserting the following: ``208. Application.''. (B) Chapter 3.--The table of sections of chapter 3 of title 9, United States Code, is amended by striking the item relating to section 307 and inserting the following: ``307. Application.''. (3) Table of chapters.--The table of chapters of title 9, United States Code, is amended by adding at the end the following: ``4. Arbitration of employment, consumer, antitrust, and civil rights disputes''. SEC. 9. LIABILITY OF CERTAIN GOVERNMENT OFFICIALS. (a) Amendment.--Revised Statute 1979 (42 U.S.C. 1983) is amended by inserting ``of the United States or'' before ``of any State''. (b) Rules for Application.--In any action under Revised Statute 1979, the following shall apply: (1) Definition of state.--The term ``State'' includes any person or entity that undertakes action under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia. (2) Action under color of law.--A private person or entity undertakes action under color of any statute, ordinance, regulation, custom, or usage, of the United States or of any State or Territory or the District of Columbia, when-- (A) undertaking a public function delegated by the United States or by a State or local government; (B) voluntarily undertaking a public function; (C) acting in concert with the United States or a State or local government or acting in concert with an individual officer, agent, or entity of the United States or a State or local government; (D) engaging in joint action towards a common goal or plan with the United States or a State or local government or engaging in joint action towards a common goal or plan with an individual officer, agent, or entity of the United States or of a State or local government; (E) engaged in a conspiracy with the United States or a State or local government or engaged in a conspiracy with an individual officer, agent, or entity of the United States or of a State or local government; (F) a close nexus exists between the private person or entity and the United States or a State or local government or a close nexus exists between an individual officer, agent, or entity of the United States or a State or local government; (G) the activities of the private person or entity is so entwined with the United States or a State or local government or an individual officer, agent, or entity of the United States or of a State or local government such that the private person or entity is fairly considered to be acting under color of law; or (H) otherwise exercises powers traditionally reserved to the United States or to State or local government. (3) Presumption.--A private person or entity is presumed to be acting under color of law when, pursuant to a contract or other legally binding agreement with the United States or with a State or local government, the private person or entity exercises any power of the United States or of that State or local government or the private person or entity otherwise undertakes the administration, operations, or other activities of: the judiciary, law enforcement, public education, jails or prisons, elections, municipal water services, municipal waste removal, evictions, public parks, or public benefits programs. (4) No defense of qualified immunity.--Qualified immunity is not a defense in an action brought against any person who under color of any statute, ordinance, regulation, custom, or usage, of the United States or of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. (5) Respondeat superior.--In the case of any official of any political subdivision of the United States or of a State, if that official, acting under color of law, violates any provision of this Act, that official shall be amenable to any suit under this Act, and the political subdivision may be held liable for the acts of that official, whether acting in his or her official or individual capacity. SEC. 10. EXPLICIT INCLUSION OF RULEMAKINGS. Section 1003(a)(1) of the Rehabilitation Act Amendments of 1986 (42 U.S.C. 2000d-7(a)(1)) is amended by inserting before the period at the end the following: ``(including the provisions of any rule made to implement any of the foregoing statutes)''. SEC. 11. CONSTRUCTION. (a) Relief.--Nothing in this Act, including any amendment made by this Act, shall be construed to limit the scope of, or the relief available under, section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), or any other provision of law. (b) Defendants.--Nothing in this Act, including any amendment made by this Act, shall be construed to limit the scope of the class of persons who may be subjected to civil actions under the covered civil rights provisions. (c) Severability.--If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the remaining provisions of this Act to any person or circumstance shall not be affected thereby. (d) Arbitration.--Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit the use of arbitration on a voluntary basis after a dispute arises. SEC. 12. EFFECTIVE DATE. (a) In General.--This Act, and the amendments made by this Act, take effect on the date of enactment of this Act. (b) Application.--This Act, and the amendments made by this Act, apply to all actions or proceedings pending on or after the date of enactment of this Act, and, in the case of section 8 and the amendments made thereby, shall apply with respect to any dispute or claim that arises or accrues on or after such date. <all>

Justice for All Act of 2022

To amend the Civil Rights Act of 1964 to clarify that disparate impacts on certain populations constitute a sufficient basis for rights of action under such Act, and for other purposes.

Justice for All Act of 2022

Rep. Tlaib, Rashida

D

MI

This bill prohibits discrimination based on sex, sexual orientation, gender identity, or race-related characteristics in schools, businesses, federally funded programs, and other settings. It also provides statutory authority for and expands the types of civil actions that may be brought for violations. For example, the bill expands provisions under the Civil Rights Act of 1964 so as to (1) prohibit federally funded programs from discriminating based on sex or religion; and (2) prohibit public accommodations, including stores and transit services, from discriminating based on sex. The bill defines sex to include sex stereotypes, pregnancy, childbirth, sexual orientation, gender identity, and sex characteristics. It also expands the definition of race to include traits that have been historically associated with race (e.g., natural hair textures). The expanded definitions apply to the Civil Rights Act of 1964, the Fair Housing Act (discrimination in public and private housing), and Title IX of the Education Amendments of 1972 (discrimination based on sex in federally funded educational programs). Further, the bill provides statutory authority for disparate impact or intentional discrimination claims under the aforementioned acts, as well as the Age Discrimination Act of 1975 (discrimination based on age by federally funded programs) and the Rehabilitation Act of 1973 (discrimination based on disability by federally funded programs). The bill also includes other provisions that address (1) profiling by law enforcement officers, (2) employer liability with respect to civil rights violations, (3) predispute arbitration agreements in civil rights cases, and (4) governmental immunity in suits involving constitutional violations.

2. 2000d et seq.)) As Congress has consistently recognized, effective enforcement of the statutes and protection of the rights guaranteed under the statutes depend heavily on the efforts of private attorneys general. This affirmative defense often leaves victims of sexual harassment with no remedy or recourse after incidence of sexual or other harassment. Such norms are, on their face, proxies for race. PROHIBITED DISCRIMINATION. ``(ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. 4. (a) Civil Rights Act of 1964.--Title VI of the Civil Rights Act of 1964 (42 U.S.C. is amended by inserting after section 602 the following: ``SEC. (b) Education Amendments of 1972.--Title IX of the Education Amendments of 1972 (20 U.S.C. ACTIONS BROUGHT BY PERSONS AGGRIEVED. 794) is amended by adding at the end the following: ``(e)(1) In an action brought by a person aggrieved by discrimination on the basis of disability (referred to in this section as an `person aggrieved') under this section against an entity subject to this section (referred to in this section as a `covered entity') who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this section (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. DISPARATE IMPACT. RELIEF FOR CLAIMS BASED ON DIFFERING STANDARDS OF PROOF. 5. (B) Traffic stops. (D) Attorney's fees.--In any action or proceeding to enforce this section against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fees. 6. PUBLIC ACCOMMODATIONS. 2000a-1) is amended by inserting ``sex,'' before ``or national origin''. 208. DEFINITIONS AND RULES. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. CLAIMS. ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES. Application.''. 9. LIABILITY OF CERTAIN GOVERNMENT OFFICIALS. 1983) is amended by inserting ``of the United States or'' before ``of any State''. ), or any other provision of law.

2. 2000d et seq.)) As Congress has consistently recognized, effective enforcement of the statutes and protection of the rights guaranteed under the statutes depend heavily on the efforts of private attorneys general. This affirmative defense often leaves victims of sexual harassment with no remedy or recourse after incidence of sexual or other harassment. Such norms are, on their face, proxies for race. PROHIBITED DISCRIMINATION. ``(ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. 4. (a) Civil Rights Act of 1964.--Title VI of the Civil Rights Act of 1964 (42 U.S.C. is amended by inserting after section 602 the following: ``SEC. (b) Education Amendments of 1972.--Title IX of the Education Amendments of 1972 (20 U.S.C. ACTIONS BROUGHT BY PERSONS AGGRIEVED. DISPARATE IMPACT. RELIEF FOR CLAIMS BASED ON DIFFERING STANDARDS OF PROOF. 5. (B) Traffic stops. (D) Attorney's fees.--In any action or proceeding to enforce this section against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fees. 6. PUBLIC ACCOMMODATIONS. 2000a-1) is amended by inserting ``sex,'' before ``or national origin''. 208. DEFINITIONS AND RULES. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. CLAIMS. ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES. Application.''. 9. LIABILITY OF CERTAIN GOVERNMENT OFFICIALS. 1983) is amended by inserting ``of the United States or'' before ``of any State''. ), or any other provision of law.

2. 2000d et seq.)) As Congress has consistently recognized, effective enforcement of the statutes and protection of the rights guaranteed under the statutes depend heavily on the efforts of private attorneys general. that challenged actions with an unjustified discriminatory effect. In particular, the Equal Employment Opportunity Commission correctly interpreted title VII of the Civil Rights Act of 1964 in Macy v. Holder, Baldwin v. Foxx, and Lusardi v. McHugh. This affirmative defense often leaves victims of sexual harassment with no remedy or recourse after incidence of sexual or other harassment. Such norms are, on their face, proxies for race. PROHIBITED DISCRIMINATION. ``(ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. ``(r) `Race', `color', `religion', `sex', `sexual orientation', `gender identity', `handicap', `familial status', `source of income', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, source of income, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, source of income, or national origin, respectively, of the individual. 4. (a) Civil Rights Act of 1964.--Title VI of the Civil Rights Act of 1964 (42 U.S.C. is amended by inserting after section 602 the following: ``SEC. (b) Education Amendments of 1972.--Title IX of the Education Amendments of 1972 (20 U.S.C. ACTIONS BROUGHT BY PERSONS AGGRIEVED. 794) is amended by adding at the end the following: ``(e)(1) In an action brought by a person aggrieved by discrimination on the basis of disability (referred to in this section as an `person aggrieved') under this section against an entity subject to this section (referred to in this section as a `covered entity') who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this section (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. DISPARATE IMPACT. RELIEF FOR CLAIMS BASED ON DIFFERING STANDARDS OF PROOF. 5. (B) Traffic stops. (D) Attorney's fees.--In any action or proceeding to enforce this section against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fees. 6. PUBLIC ACCOMMODATIONS. 2000a-1) is amended by inserting ``sex,'' before ``or national origin''. 208. DEFINITIONS AND RULES. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. CLAIMS. 7. 8. ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. Application.''. 9. LIABILITY OF CERTAIN GOVERNMENT OFFICIALS. 1983) is amended by inserting ``of the United States or'' before ``of any State''. ), or any other provision of law.

2. FINDINGS. 2000d et seq.)) As Congress has consistently recognized, effective enforcement of the statutes and protection of the rights guaranteed under the statutes depend heavily on the efforts of private attorneys general. that challenged actions with an unjustified discriminatory effect. In Sandoval, the Court appeared to accept this principle of Alexander. In particular, the Equal Employment Opportunity Commission correctly interpreted title VII of the Civil Rights Act of 1964 in Macy v. Holder, Baldwin v. Foxx, and Lusardi v. McHugh. This affirmative defense often leaves victims of sexual harassment with no remedy or recourse after incidence of sexual or other harassment. Such norms are, on their face, proxies for race. PROHIBITED DISCRIMINATION. (c) Age Discrimination Act of 1975.--Section 303 of the Age Discrimination Act of 1975 (42 U.S.C. with respect to an `alternative employment practice') that a less discriminatory alternative policy or practice exists, and the covered entity refuses to adopt such alternative policy or practice. ``(ii) If the covered entity demonstrates that a specific policy or practice does not cause the disparate impact, the covered entity shall not be required to demonstrate that such policy or practice is necessary to achieve the goals of its program or activity. (d) Fair Housing Act.--The Fair Housing Act (title VIII of the Civil Rights Act of 1968; 42 U.S.C. ); ``(3) any income received during a taxable year as Social Security benefits, as defined in section 86(d) of the Internal Revenue Code of 1986, or as supplemental security income benefits under title XVI of the Social Security Act (42 U.S.C. ``(r) `Race', `color', `religion', `sex', `sexual orientation', `gender identity', `handicap', `familial status', `source of income', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, source of income, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, source of income, or national origin, respectively, of the individual. 4. (a) Civil Rights Act of 1964.--Title VI of the Civil Rights Act of 1964 (42 U.S.C. is amended by inserting after section 602 the following: ``SEC. (b) Education Amendments of 1972.--Title IX of the Education Amendments of 1972 (20 U.S.C. ACTIONS BROUGHT BY PERSONS AGGRIEVED. (d) Rehabilitation Act of 1973.--Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) is amended by adding at the end the following: ``(e)(1) In an action brought by a person aggrieved by discrimination on the basis of disability (referred to in this section as an `person aggrieved') under this section against an entity subject to this section (referred to in this section as a `covered entity') who has engaged in unlawful intentional discrimination (not a practice that is unlawful because of its disparate impact) prohibited under this section (including its implementing regulations), the person aggrieved may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs, except that punitive damages are not available against a government, government agency, or political subdivision. DISPARATE IMPACT. RELIEF FOR CLAIMS BASED ON DIFFERING STANDARDS OF PROOF. 5. (4) The term ``law enforcement agent'' means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (B) Traffic stops. (F) Data collection, analysis, assessments, and predicated investigations. (D) Attorney's fees.--In any action or proceeding to enforce this section against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney's fees as part of the costs, and may include expert fees as part of the attorney's fees. 6. PUBLIC ACCOMMODATIONS. 2000a) is amended-- (1) in subsection (a), by inserting ``sex,'' before ``or national origin''; and (2) in subsection (b)-- (A) in paragraph (3), by striking ``stadium'' and all that follows and inserting ``stadium or other place or establishment that provides exhibition, entertainment, recreation, exercise, amusement, gathering, or display;''; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, funeral parlor, or any establishment that provides health care, accounting, or legal services; ``(5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and''. 2000a-1) is amended by inserting ``sex,'' before ``or national origin''. 208. DEFINITIONS AND RULES. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. CLAIMS. 7. 8. ARBITRATION OF EMPLOYMENT, CONSUMER, AND CIVIL RIGHTS DISPUTES. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator. Application.''. 9. LIABILITY OF CERTAIN GOVERNMENT OFFICIALS. 1983) is amended by inserting ``of the United States or'' before ``of any State''. CONSTRUCTION. ), or any other provision of law. (d) Arbitration.--Nothing in this Act, or the amendments made by this Act, shall be construed to prohibit the use of arbitration on a voluntary basis after a dispute arises.

S.4281

Commerce

Protecting Military Servicemembers' Data Act of 2022 This bill prohibits businesses that collect consumer personal information from selling lists containing the personal information of members of the Armed Forces to North Korea, China, Russia, or Iran.

To prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation. 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 ``Protecting Military Servicemembers' Data Act of 2022''. SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO MILITARY SERVICEMEMBER LISTS. (a) In General.--It shall be unlawful for a data broker to sell, resell, license, trade, or otherwise provide or make available for consideration a military servicemember list to any covered nation. (b) Effective Date.--The prohibition under subsection (a) shall take effect on the earlier of-- (1) the date the Commission issues the final rule under section 3(a)(3); or (2) 1 year after the date of enactment of this Act. SEC. 3. ENFORCEMENT. (a) Enforcement by the Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--Except as provided in subparagraphs (D) and (E), the Commission shall enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (D) Nonprofit organizations.--Notwithstanding section 4 of the Federal Trade Commission Act (15 U.S.C. 44) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B), with respect to organizations not organized to carry on business for their own profit or that of their members. (E) Independent litigation authority.--In any case in which the Commission has reason to believe that a data broker is violating or has violated section 2, the Commission may bring a civil action in an appropriate district court of the United States-- (i) to enjoin further violation of such section by such person; (ii) to compel compliance with such section; and (iii) to obtain damages, restitution, or other compensation on behalf of aggrieved consumers. (3) Rulemaking.--Pursuant to section 553 of title 5, United States Code, the Commission shall promulgate regulations to carry out the provisions of this Act. The Commission shall issue a final rule by not later than 1 year after the date of enactment of this Act. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any data broker subject to section 2 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Commission institutes a civil action or an administrative action with respect to a violation of section 2, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer.--The term ``consumer'' means an individual residing in a State. (3) Covered nation.--The term ``covered nation'' has the meaning given that term in section 4872(d)(2) of title 10, United States Code. (4) Data broker.--The term ``data broker'' means a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship. (5) Military servicemember list.--The term ``military servicemember list'' means a list that includes personal information (other than public record information) about one or more individuals or households which is created for the express or implied purpose of compiling information about individuals who are current or former servicemembers (as that term is defined in section 3911(1) of title 50, United States Code). (6) Personal information.--The term ``personal information'' means information that is linked or reasonably linkable to any identified or identifiable person or device. (7) Public record information.--The term ``public record information'' means information that is lawfully made available from Federal, State, or local government records provided that the data broker processes and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity. (8) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. <all>

Protecting Military Servicemembers' Data Act of 2022

A bill to prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation.

Protecting Military Servicemembers' Data Act of 2022

Sen. Cassidy, Bill

R

LA

This bill prohibits businesses that collect consumer personal information from selling lists containing the personal information of members of the Armed Forces to North Korea, China, Russia, or Iran.

To prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation. SHORT TITLE. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO MILITARY SERVICEMEMBER LISTS. 3. (2) Powers of commission.-- (A) In general.--Except as provided in subparagraphs (D) and (E), the Commission shall enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. 44) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B), with respect to organizations not organized to carry on business for their own profit or that of their members. The Commission shall issue a final rule by not later than 1 year after the date of enactment of this Act. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any data broker subject to section 2 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer.--The term ``consumer'' means an individual residing in a State. (3) Covered nation.--The term ``covered nation'' has the meaning given that term in section 4872(d)(2) of title 10, United States Code. (6) Personal information.--The term ``personal information'' means information that is linked or reasonably linkable to any identified or identifiable person or device. (7) Public record information.--The term ``public record information'' means information that is lawfully made available from Federal, State, or local government records provided that the data broker processes and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity.

SHORT TITLE. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO MILITARY SERVICEMEMBER LISTS. 3. 41 et seq.) (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. 44) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B), with respect to organizations not organized to carry on business for their own profit or that of their members. The Commission shall issue a final rule by not later than 1 year after the date of enactment of this Act. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any data broker subject to section 2 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. SEC. 4. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer.--The term ``consumer'' means an individual residing in a State. (3) Covered nation.--The term ``covered nation'' has the meaning given that term in section 4872(d)(2) of title 10, United States Code. (6) Personal information.--The term ``personal information'' means information that is linked or reasonably linkable to any identified or identifiable person or device.

To prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO MILITARY SERVICEMEMBER LISTS. 3. (2) Powers of commission.-- (A) In general.--Except as provided in subparagraphs (D) and (E), the Commission shall enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. 44) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B), with respect to organizations not organized to carry on business for their own profit or that of their members. The Commission shall issue a final rule by not later than 1 year after the date of enactment of this Act. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any data broker subject to section 2 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer.--The term ``consumer'' means an individual residing in a State. (3) Covered nation.--The term ``covered nation'' has the meaning given that term in section 4872(d)(2) of title 10, United States Code. (6) Personal information.--The term ``personal information'' means information that is linked or reasonably linkable to any identified or identifiable person or device. (7) Public record information.--The term ``public record information'' means information that is lawfully made available from Federal, State, or local government records provided that the data broker processes and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity. (8) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.

To prohibit data brokers from selling, reselling, trading, licensing, or otherwise providing for consideration lists of military servicemembers to a covered nation. 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 ``Protecting Military Servicemembers' Data Act of 2022''. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO MILITARY SERVICEMEMBER LISTS. (b) Effective Date.--The prohibition under subsection (a) shall take effect on the earlier of-- (1) the date the Commission issues the final rule under section 3(a)(3); or (2) 1 year after the date of enactment of this Act. 3. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--Except as provided in subparagraphs (D) and (E), the Commission shall enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities.--Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. (C) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. 44) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B), with respect to organizations not organized to carry on business for their own profit or that of their members. (3) Rulemaking.--Pursuant to section 553 of title 5, United States Code, the Commission shall promulgate regulations to carry out the provisions of this Act. The Commission shall issue a final rule by not later than 1 year after the date of enactment of this Act. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any data broker subject to section 2 in a practice that violates such section, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (A) to enjoin further violation of such section by such person; (B) to compel compliance with such section; and (C) to obtain damages, restitution, or other compensation on behalf of such residents. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. SEC. 4. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Consumer.--The term ``consumer'' means an individual residing in a State. (3) Covered nation.--The term ``covered nation'' has the meaning given that term in section 4872(d)(2) of title 10, United States Code. (4) Data broker.--The term ``data broker'' means a business that knowingly collects and sells to third parties the personal information of a consumer with whom the business does not have a direct relationship. (5) Military servicemember list.--The term ``military servicemember list'' means a list that includes personal information (other than public record information) about one or more individuals or households which is created for the express or implied purpose of compiling information about individuals who are current or former servicemembers (as that term is defined in section 3911(1) of title 50, United States Code). (6) Personal information.--The term ``personal information'' means information that is linked or reasonably linkable to any identified or identifiable person or device. (7) Public record information.--The term ``public record information'' means information that is lawfully made available from Federal, State, or local government records provided that the data broker processes and transfers such information in accordance with any restrictions or terms of use placed on the information by the relevant government entity. (8) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands.

S.3964

Armed Forces and National Security

Reinforcing Enhanced Support through Promoting Equity for Caregivers Act of 2022 or the RESPECT Act of 2022 This bill implements various changes to the Program of Comprehensive Assistance for Family Caregivers, including by expanding program eligibility to family caregivers of veterans who are in need of personal care services due to a diagnosed mental illness or history of suicidal ideation within the past three years that puts the veteran at risk of self-harm.

To amend title 38, United States Code, to modify the family caregiver program of the Department of Veterans Affairs to include services related to mental health and neurological disorders, 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 ``Reinforcing Enhanced Support through Promoting Equity for Caregivers Act of 2022'' or the ``RESPECT Act of 2022''. SEC. 2. MODIFICATION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE SERVICES RELATED TO MENTAL HEALTH AND NEUROLOGICAL DISORDERS. (a) In General.--Section 1720G of title 38, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (2)(C)-- (i) in clause (iii), by striking ``; or'' and inserting a semicolon; (ii) by redesignating clause (iv) as clause (v); and (iii) by inserting after clause (iii) the following new clause (iv): ``(iv) a diagnosed mental illness or history of suicidal ideation within the past three years that puts the veteran at risk of self-harm; or''; (B) in paragraph (3)-- (i) in subparagraph (A)(ii)(VI)-- (I) in item (aa), by striking ``; and'' and inserting a semicolon; (II) in item (bb), by striking the period at the end and inserting ``; and''; and (III) by adding at the end the following new item: ``(cc) mental health treatment and counseling services.''; and (ii) in subparagraph (C)-- (I) in clause (iii)-- (aa) in the matter preceding subclause (I)-- (AA) by striking ``or regular instruction'' and inserting ``, regular instruction''; and (BB) by inserting ``or a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under paragraph (2)(C)(iv),'' before ``the Secretary shall''; (bb) in subclause (II), by inserting before the period at the end the following: ``, or assistance relating to the risk of self-harm of the veteran, as the case may be''; and (cc) in subclause (III), by striking ``such supervision, protection, or instruction to the veteran'' and inserting ``to the veteran such supervision, protection, or instruction, or assistance relating to the risk of self- harm of the veteran, as the case may be''; and (II) by adding at the end the following new clauses: ``(v)(I) For purposes of determining the amount and degree of personal care services provided under clause (i) with respect to a veteran described in subclause (II), the Secretary shall take into account relevant documentation evidencing the provision of personal care services with respect to the veteran during the preceding three- year period. ``(II) A veteran described in this subclause is a veteran whose need for personal care services as described in paragraph (2)(C) is based in whole or in part on-- ``(aa) a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under clause (iv) of such paragraph; or ``(bb) a neurological disorder.''; and (C) by adding at the end the following new paragraph: ``(14) The Secretary shall establish a process and requirements for clinicians of facilities of the Department-- ``(A) to document incidents in which an eligible veteran presents at such a facility for treatment for an emergent or urgent mental health crisis or an eligible veteran is assessed by such a clinician to be at risk for suicide; and ``(B) provide such documentation to the program established under paragraph (1).''; and (2) in subsection (d), by adding at the end the following new paragraph: ``(5) The term `qualified mental health professional' means a psychiatrist, psychologist, licensed clinical social worker, psychiatric nurse, or other licensed mental health professional as the Secretary considers appropriate.''. (b) Timing for Establishment of Requirements and Processes.-- (1) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (A) establish the process and requirements required under paragraph (14) of section 1720G(a) of title 38, United States Code, as added by subsection (a)(1)(C); and (B) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a description of such process and requirements. (2) Certification.-- (A) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall require all clinicians of facilities of the Department to certify to the Secretary that the clinician understands the process and requirements established under paragraph (1)(A). (B) Facilities of the department defined.--In this paragraph, the term ``facilities of the Department'' has the meaning given that term in section 1701 of title 38, United States Code. SEC. 3. REQUIREMENTS RELATING TO EVALUATIONS, ASSESSMENTS, AND REASSESSMENTS RELATING TO ELIGIBILITY OF VETERANS AND CAREGIVERS FOR FAMILY CAREGIVER PROGRAM. (a) In General.--Subsection (a) of section 1720G of title 38, United States Code, as amended by section 2(a)(1), is further amended by adding at the end the following new paragraphs: ``(15)(A) For purposes of conducting evaluations and assessments to determine eligibility of a veteran and caregiver for the program established under paragraph (1) or conducting reassessments to determine continued eligibility for such program, the Secretary shall-- ``(i) take into account relevant documentation and medical records generated by non-Department health care providers, including qualified mental health professionals and neurological specialists; ``(ii) if the caregiver of the veteran claims that the serious injury or need for personal care services of the veteran as described in paragraph (2) is based in whole or in part on psychological trauma or another mental disorder, ensure-- ``(I) a qualified mental health professional that treats the veteran participates in the evaluation process; and ``(II) a qualified mental health professional participates in the assessment or reassessment process; and ``(iii) if the caregiver of the veteran claims that the serious injury or need for personal care services of the veteran as described in paragraph (2) is based in whole or in part on a neurological disorder, ensure-- ``(I) a neurological specialist that treats the veteran participates in the evaluation process; and ``(II) a neurological specialist participates in the assessment or reassessment process. ``(B)(i) The Secretary shall establish an appropriate time limit during a 24-hour period for the active participation of a veteran in an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1). ``(ii) In determining an appropriate time limit for a veteran under clause (i), the Secretary shall-- ``(I) take into consideration necessary accommodations for the veteran stemming from the disability or medical condition of the veteran; and ``(II) consult with the primary care provider, neurological specialist, or qualified mental health professional that is treating the veteran. ``(C) The Secretary shall not require the presence of a veteran during portions of an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1) that only require the active participation of the caregiver. ``(D)(i) The Secretary shall make reasonable efforts to assist a caregiver and veteran in obtaining evidence necessary to substantiate the claims of the caregiver and veteran in the application process for evaluation, assessment, or reassessment for the program established under paragraph (1). ``(ii)(I) As part of the assistance provided to a caregiver or veteran under clause (i), the Secretary shall make reasonable efforts to obtain relevant private records that the caregiver or veteran adequately identifies to the Secretary. ``(II) Whenever the Secretary, after making reasonable efforts under subclause (I), is unable to obtain all of the relevant records sought, the Secretary shall notify the caregiver and veteran that the Secretary is unable to obtain records with respect to the claim, which shall include-- ``(aa) an identification of the records the Secretary is unable to obtain; ``(bb) a brief explanation of the efforts that the Secretary made to obtain such records; and ``(cc) an explanation that the Secretary will make a determination based on the evidence of record and that this clause does not prohibit the submission of records at a later date if such submission is otherwise allowed. ``(III) The Secretary shall make not fewer than two requests to a custodian of a private record in order for an effort to obtain such record to be treated as reasonable under subclause (I), unless it is made evident by the first request that a second request would be futile in obtaining such record. ``(iii) Under regulations prescribed by the Secretary, the Secretary-- ``(I) shall encourage a caregiver and veteran to submit relevant private medical records of the veteran to the Secretary to substantiate the claims of the caregiver and veteran in the application process for evaluation, assessment, or reassessment for the program established under paragraph (1) if such submission does not burden the caregiver or veteran; and ``(II) may require the caregiver or veteran to authorize the Secretary to obtain such relevant private medical records if such authorization is required to comply with Federal, State, or local law. ``(16)(A) The Secretary, in consultation with a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran, shall waive the reassessment requirement for the veteran for participation in the program established under paragraph (1) if-- ``(i) the serious injury of the veteran under paragraph (2) is significantly caused by a degenerative or chronic condition; and ``(ii) such condition is unlikely to improve the dependency of the veteran for personal care services. ``(B) The Secretary shall require a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran to annually certify the clinical decision of the provider, specialist, or professional under subparagraph (A). ``(C) The Secretary may rescind a waiver under subparagraph (A) with respect to a veteran and require a reassessment of the veteran if a health care provider, neurological specialist, or qualified mental health professional that is treating the veteran makes a clinical determination that the level of dependency of the veteran for personal care services has diminished since the last certification of the clinical decision of the provider, specialist, or professional under subparagraph (B).''. (b) Definition.--Subsection (d) of such section, as amended by section 2(a)(2), is further amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) The term `neurological specialist' means a neurologist, neuropsychiatrist, physiatrist, geriatrician, certified brain injury specialist, neurology nurse, neurology nurse practitioner, neurology physician assistant, or such other licensed medical professional as the Secretary considers appropriate.''. SEC. 4. REQUIREMENTS RELATING TO PROVISION OF GRANTS FOR ASSISTANCE TO FAMILY CAREGIVERS OF VETERANS. (a) Distribution of Grants.--Section 1720G(a)(3) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(E)(i) The Secretary shall distribute grants provided under subparagraph (A)(ii)(VI) to entities eligible for the provision of such a grant in geographically dispersed areas. ``(ii) In providing grants to entities under subparagraph (A)(ii)(VI), the Secretary shall provide equal consideration to national, regional, and local organizations, in an effort to adequately serve individuals in need of services provided pursuant to such a grant.''. (b) Grant Program Requirements.-- (1) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin the rulemaking process to establish a grant program under each of items (aa), (bb), and (cc) of section 1720G(a)(3)(A)(ii)(VI) of title 38, United States Code, as amended by section 2(a)(1)(B)(i), to provide grants under such items. (2) Report.-- (A) In general.--Not later than one year after the date on which the first grant is provided after the date of the enactment of this Act under a grant program established under paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and Committee on Veterans' Affairs of the House of Representatives a report on the provision of grants under each such program. (B) Elements.--The report required by subparagraph (A) shall include the following: (i) An assessment of the effectiveness of the grant programs established under paragraph (1), including-- (I) the number of individuals who benefitted from each grant program in each Veterans Integrated Service Network of the Department of Veterans Affairs; and (II) an assessment of the effectiveness of increasing engagement by individuals eligible for such programs in mental health care treatment and services, financial planning services, and legal services in each Veterans Integrated Service Network. (ii) A list of recipients of grants under each such program and their partner organizations, if applicable, that delivered services funded by the grant and the amount of such grant received by each recipient and partner organization. <all>

RESPECT Act of 2022

A bill to amend title 38, United States Code, to modify the family caregiver program of the Department of Veterans Affairs to include services related to mental health and neurological disorders, and for other purposes.

RESPECT Act of 2022 Reinforcing Enhanced Support through Promoting Equity for Caregivers Act of 2022

Sen. Moran, Jerry

R

KS

This bill implements various changes to the Program of Comprehensive Assistance for Family Caregivers, including by expanding program eligibility to family caregivers of veterans who are in need of personal care services due to a diagnosed mental illness or history of suicidal ideation within the past three years that puts the veteran at risk of self-harm.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. MODIFICATION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE SERVICES RELATED TO MENTAL HEALTH AND NEUROLOGICAL DISORDERS. ''; and (ii) in subparagraph (C)-- (I) in clause (iii)-- (aa) in the matter preceding subclause (I)-- (AA) by striking ``or regular instruction'' and inserting ``, regular instruction''; and (BB) by inserting ``or a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under paragraph (2)(C)(iv),'' before ``the Secretary shall''; (bb) in subclause (II), by inserting before the period at the end the following: ``, or assistance relating to the risk of self-harm of the veteran, as the case may be''; and (cc) in subclause (III), by striking ``such supervision, protection, or instruction to the veteran'' and inserting ``to the veteran such supervision, protection, or instruction, or assistance relating to the risk of self- harm of the veteran, as the case may be''; and (II) by adding at the end the following new clauses: ``(v)(I) For purposes of determining the amount and degree of personal care services provided under clause (i) with respect to a veteran described in subclause (II), the Secretary shall take into account relevant documentation evidencing the provision of personal care services with respect to the veteran during the preceding three- year period. (B) Facilities of the department defined.--In this paragraph, the term ``facilities of the Department'' has the meaning given that term in section 1701 of title 38, United States Code. ``(C) The Secretary shall not require the presence of a veteran during portions of an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1) that only require the active participation of the caregiver. ``(ii)(I) As part of the assistance provided to a caregiver or veteran under clause (i), the Secretary shall make reasonable efforts to obtain relevant private records that the caregiver or veteran adequately identifies to the Secretary. ``(B) The Secretary shall require a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran to annually certify the clinical decision of the provider, specialist, or professional under subparagraph (A). SEC. 4. (b) Grant Program Requirements.-- (1) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin the rulemaking process to establish a grant program under each of items (aa), (bb), and (cc) of section 1720G(a)(3)(A)(ii)(VI) of title 38, United States Code, as amended by section 2(a)(1)(B)(i), to provide grants under such items.

2. MODIFICATION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE SERVICES RELATED TO MENTAL HEALTH AND NEUROLOGICAL DISORDERS. ``(C) The Secretary shall not require the presence of a veteran during portions of an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1) that only require the active participation of the caregiver. ``(ii)(I) As part of the assistance provided to a caregiver or veteran under clause (i), the Secretary shall make reasonable efforts to obtain relevant private records that the caregiver or veteran adequately identifies to the Secretary. ``(B) The Secretary shall require a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran to annually certify the clinical decision of the provider, specialist, or professional under subparagraph (A). 4. (b) Grant Program Requirements.-- (1) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin the rulemaking process to establish a grant program under each of items (aa), (bb), and (cc) of section 1720G(a)(3)(A)(ii)(VI) of title 38, United States Code, as amended by section 2(a)(1)(B)(i), to provide grants under such items.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. MODIFICATION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE SERVICES RELATED TO MENTAL HEALTH AND NEUROLOGICAL DISORDERS. ''; and (ii) in subparagraph (C)-- (I) in clause (iii)-- (aa) in the matter preceding subclause (I)-- (AA) by striking ``or regular instruction'' and inserting ``, regular instruction''; and (BB) by inserting ``or a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under paragraph (2)(C)(iv),'' before ``the Secretary shall''; (bb) in subclause (II), by inserting before the period at the end the following: ``, or assistance relating to the risk of self-harm of the veteran, as the case may be''; and (cc) in subclause (III), by striking ``such supervision, protection, or instruction to the veteran'' and inserting ``to the veteran such supervision, protection, or instruction, or assistance relating to the risk of self- harm of the veteran, as the case may be''; and (II) by adding at the end the following new clauses: ``(v)(I) For purposes of determining the amount and degree of personal care services provided under clause (i) with respect to a veteran described in subclause (II), the Secretary shall take into account relevant documentation evidencing the provision of personal care services with respect to the veteran during the preceding three- year period. (B) Facilities of the department defined.--In this paragraph, the term ``facilities of the Department'' has the meaning given that term in section 1701 of title 38, United States Code. ``(C) The Secretary shall not require the presence of a veteran during portions of an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1) that only require the active participation of the caregiver. ``(ii)(I) As part of the assistance provided to a caregiver or veteran under clause (i), the Secretary shall make reasonable efforts to obtain relevant private records that the caregiver or veteran adequately identifies to the Secretary. ``(III) The Secretary shall make not fewer than two requests to a custodian of a private record in order for an effort to obtain such record to be treated as reasonable under subclause (I), unless it is made evident by the first request that a second request would be futile in obtaining such record. ``(B) The Secretary shall require a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran to annually certify the clinical decision of the provider, specialist, or professional under subparagraph (A). (b) Definition.--Subsection (d) of such section, as amended by section 2(a)(2), is further amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) The term `neurological specialist' means a neurologist, neuropsychiatrist, physiatrist, geriatrician, certified brain injury specialist, neurology nurse, neurology nurse practitioner, neurology physician assistant, or such other licensed medical professional as the Secretary considers appropriate.''. SEC. 4. (b) Grant Program Requirements.-- (1) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin the rulemaking process to establish a grant program under each of items (aa), (bb), and (cc) of section 1720G(a)(3)(A)(ii)(VI) of title 38, United States Code, as amended by section 2(a)(1)(B)(i), to provide grants under such items. (B) Elements.--The report required by subparagraph (A) shall include the following: (i) An assessment of the effectiveness of the grant programs established under paragraph (1), including-- (I) the number of individuals who benefitted from each grant program in each Veterans Integrated Service Network of the Department of Veterans Affairs; and (II) an assessment of the effectiveness of increasing engagement by individuals eligible for such programs in mental health care treatment and services, financial planning services, and legal services in each Veterans Integrated Service Network. (ii) A list of recipients of grants under each such program and their partner organizations, if applicable, that delivered services funded by the grant and the amount of such grant received by each recipient and partner organization.

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 ``Reinforcing Enhanced Support through Promoting Equity for Caregivers Act of 2022'' or the ``RESPECT Act of 2022''. 2. MODIFICATION OF FAMILY CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE SERVICES RELATED TO MENTAL HEALTH AND NEUROLOGICAL DISORDERS. ''; and (ii) in subparagraph (C)-- (I) in clause (iii)-- (aa) in the matter preceding subclause (I)-- (AA) by striking ``or regular instruction'' and inserting ``, regular instruction''; and (BB) by inserting ``or a diagnosis of mental illness or history of suicidal ideation that puts the veteran at risk of self-harm under paragraph (2)(C)(iv),'' before ``the Secretary shall''; (bb) in subclause (II), by inserting before the period at the end the following: ``, or assistance relating to the risk of self-harm of the veteran, as the case may be''; and (cc) in subclause (III), by striking ``such supervision, protection, or instruction to the veteran'' and inserting ``to the veteran such supervision, protection, or instruction, or assistance relating to the risk of self- harm of the veteran, as the case may be''; and (II) by adding at the end the following new clauses: ``(v)(I) For purposes of determining the amount and degree of personal care services provided under clause (i) with respect to a veteran described in subclause (II), the Secretary shall take into account relevant documentation evidencing the provision of personal care services with respect to the veteran during the preceding three- year period. (2) Certification.-- (A) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall require all clinicians of facilities of the Department to certify to the Secretary that the clinician understands the process and requirements established under paragraph (1)(A). (B) Facilities of the department defined.--In this paragraph, the term ``facilities of the Department'' has the meaning given that term in section 1701 of title 38, United States Code. ``(C) The Secretary shall not require the presence of a veteran during portions of an evaluation, assessment, or reassessment to determine eligibility of the veteran for the program established under paragraph (1) that only require the active participation of the caregiver. ``(ii)(I) As part of the assistance provided to a caregiver or veteran under clause (i), the Secretary shall make reasonable efforts to obtain relevant private records that the caregiver or veteran adequately identifies to the Secretary. ``(II) Whenever the Secretary, after making reasonable efforts under subclause (I), is unable to obtain all of the relevant records sought, the Secretary shall notify the caregiver and veteran that the Secretary is unable to obtain records with respect to the claim, which shall include-- ``(aa) an identification of the records the Secretary is unable to obtain; ``(bb) a brief explanation of the efforts that the Secretary made to obtain such records; and ``(cc) an explanation that the Secretary will make a determination based on the evidence of record and that this clause does not prohibit the submission of records at a later date if such submission is otherwise allowed. ``(III) The Secretary shall make not fewer than two requests to a custodian of a private record in order for an effort to obtain such record to be treated as reasonable under subclause (I), unless it is made evident by the first request that a second request would be futile in obtaining such record. ``(B) The Secretary shall require a health care provider, neurological specialist, or qualified mental health professional that is treating a veteran to annually certify the clinical decision of the provider, specialist, or professional under subparagraph (A). (b) Definition.--Subsection (d) of such section, as amended by section 2(a)(2), is further amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) The term `neurological specialist' means a neurologist, neuropsychiatrist, physiatrist, geriatrician, certified brain injury specialist, neurology nurse, neurology nurse practitioner, neurology physician assistant, or such other licensed medical professional as the Secretary considers appropriate.''. SEC. 4. ``(ii) In providing grants to entities under subparagraph (A)(ii)(VI), the Secretary shall provide equal consideration to national, regional, and local organizations, in an effort to adequately serve individuals in need of services provided pursuant to such a grant.''. (b) Grant Program Requirements.-- (1) Rulemaking.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall begin the rulemaking process to establish a grant program under each of items (aa), (bb), and (cc) of section 1720G(a)(3)(A)(ii)(VI) of title 38, United States Code, as amended by section 2(a)(1)(B)(i), to provide grants under such items. (B) Elements.--The report required by subparagraph (A) shall include the following: (i) An assessment of the effectiveness of the grant programs established under paragraph (1), including-- (I) the number of individuals who benefitted from each grant program in each Veterans Integrated Service Network of the Department of Veterans Affairs; and (II) an assessment of the effectiveness of increasing engagement by individuals eligible for such programs in mental health care treatment and services, financial planning services, and legal services in each Veterans Integrated Service Network. (ii) A list of recipients of grants under each such program and their partner organizations, if applicable, that delivered services funded by the grant and the amount of such grant received by each recipient and partner organization.

H.R.2633

Taxation

This bill modifies the tax credit for carbon oxide sequestration. It increases the applicable dollar amount of such credit, repeals the placed-in-service deadline, expands the types of facilities to which the credit applies, and extends the credit period from 12 to 20 years.

To amend the Internal Revenue Code of 1986 to increase and expand the credit for carbon oxide sequestration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENTS TO CREDIT FOR CARBON OXIDE SEQUESTRATION. (a) Increase in Applicable Dollar Amount.--Section 45Q(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (i)(I) and (ii)(I), by striking ``$50'' and inserting ``$85'', and (2) in clause (i)(II) and (ii)(II), by striking ``$35'' and inserting ``$50''. (b) Repeal of Placed-In-Service Deadline; Expansion of Facilities to Which Credit Applies.--Section 45Q(d) of such Code is amended to read as follows: ``(d) Qualified Facility.--For purposes of this section, the term `qualified facility' means any industrial facility or direct air capture facility which captures-- ``(1) in the case of a facility which emits not more than 500,000 metric tons of carbon oxide into the atmosphere during the taxable year, not less than 10,000 metric tons of qualified carbon oxide during the taxable year which is utilized in a manner described in subsection (f)(5), ``(2) in the case of an electricity generating facility which is not described in paragraph (1), not less than 100,000 metric tons of qualified carbon oxide during the taxable year, ``(3) in the case of a direct air capture facility, not less than 10,000 metric tons of qualified carbon oxide during the taxable year, or ``(4) in the case of any facility not described in paragraph (1), (2), or (3), not less than 25,000 metric tons of qualified carbon oxide during the taxable year.''. (c) Extension of Credit Period.--Paragraphs (3)(A) and (4)(A) of section 45Q(a) of such Code are each amended by striking ``12-year'' and inserting ``20-year''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to increase and expand the credit for carbon oxide sequestration.

To amend the Internal Revenue Code of 1986 to increase and expand the credit for carbon oxide sequestration.

Official Titles - House of Representatives Official Title as Introduced To amend the Internal Revenue Code of 1986 to increase and expand the credit for carbon oxide sequestration.

Rep. Schweikert, David

R

AZ

This bill modifies the tax credit for carbon oxide sequestration. It increases the applicable dollar amount of such credit, repeals the placed-in-service deadline, expands the types of facilities to which the credit applies, and extends the credit period from 12 to 20 years.

To amend the Internal Revenue Code of 1986 to increase and expand the credit for carbon oxide sequestration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENTS TO CREDIT FOR CARBON OXIDE SEQUESTRATION. (a) Increase in Applicable Dollar Amount.--Section 45Q(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (i)(I) and (ii)(I), by striking ``$50'' and inserting ``$85'', and (2) in clause (i)(II) and (ii)(II), by striking ``$35'' and inserting ``$50''. (b) Repeal of Placed-In-Service Deadline; Expansion of Facilities to Which Credit Applies.--Section 45Q(d) of such Code is amended to read as follows: ``(d) Qualified Facility.--For purposes of this section, the term `qualified facility' means any industrial facility or direct air capture facility which captures-- ``(1) in the case of a facility which emits not more than 500,000 metric tons of carbon oxide into the atmosphere during the taxable year, not less than 10,000 metric tons of qualified carbon oxide during the taxable year which is utilized in a manner described in subsection (f)(5), ``(2) in the case of an electricity generating facility which is not described in paragraph (1), not less than 100,000 metric tons of qualified carbon oxide during the taxable year, ``(3) in the case of a direct air capture facility, not less than 10,000 metric tons of qualified carbon oxide during the taxable year, or ``(4) in the case of any facility not described in paragraph (1), (2), or (3), not less than 25,000 metric tons of qualified carbon oxide during the taxable year.''. (c) Extension of Credit Period.--Paragraphs (3)(A) and (4)(A) of section 45Q(a) of such Code are each amended by striking ``12-year'' and inserting ``20-year''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to increase and expand the credit for carbon oxide sequestration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENTS TO CREDIT FOR CARBON OXIDE SEQUESTRATION. (a) Increase in Applicable Dollar Amount.--Section 45Q(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (i)(I) and (ii)(I), by striking ``$50'' and inserting ``$85'', and (2) in clause (i)(II) and (ii)(II), by striking ``$35'' and inserting ``$50''. (b) Repeal of Placed-In-Service Deadline; Expansion of Facilities to Which Credit Applies.--Section 45Q(d) of such Code is amended to read as follows: ``(d) Qualified Facility.--For purposes of this section, the term `qualified facility' means any industrial facility or direct air capture facility which captures-- ``(1) in the case of a facility which emits not more than 500,000 metric tons of carbon oxide into the atmosphere during the taxable year, not less than 10,000 metric tons of qualified carbon oxide during the taxable year which is utilized in a manner described in subsection (f)(5), ``(2) in the case of an electricity generating facility which is not described in paragraph (1), not less than 100,000 metric tons of qualified carbon oxide during the taxable year, ``(3) in the case of a direct air capture facility, not less than 10,000 metric tons of qualified carbon oxide during the taxable year, or ``(4) in the case of any facility not described in paragraph (1), (2), or (3), not less than 25,000 metric tons of qualified carbon oxide during the taxable year.''. (c) Extension of Credit Period.--Paragraphs (3)(A) and (4)(A) of section 45Q(a) of such Code are each amended by striking ``12-year'' and inserting ``20-year''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to increase and expand the credit for carbon oxide sequestration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENTS TO CREDIT FOR CARBON OXIDE SEQUESTRATION. (a) Increase in Applicable Dollar Amount.--Section 45Q(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (i)(I) and (ii)(I), by striking ``$50'' and inserting ``$85'', and (2) in clause (i)(II) and (ii)(II), by striking ``$35'' and inserting ``$50''. (b) Repeal of Placed-In-Service Deadline; Expansion of Facilities to Which Credit Applies.--Section 45Q(d) of such Code is amended to read as follows: ``(d) Qualified Facility.--For purposes of this section, the term `qualified facility' means any industrial facility or direct air capture facility which captures-- ``(1) in the case of a facility which emits not more than 500,000 metric tons of carbon oxide into the atmosphere during the taxable year, not less than 10,000 metric tons of qualified carbon oxide during the taxable year which is utilized in a manner described in subsection (f)(5), ``(2) in the case of an electricity generating facility which is not described in paragraph (1), not less than 100,000 metric tons of qualified carbon oxide during the taxable year, ``(3) in the case of a direct air capture facility, not less than 10,000 metric tons of qualified carbon oxide during the taxable year, or ``(4) in the case of any facility not described in paragraph (1), (2), or (3), not less than 25,000 metric tons of qualified carbon oxide during the taxable year.''. (c) Extension of Credit Period.--Paragraphs (3)(A) and (4)(A) of section 45Q(a) of such Code are each amended by striking ``12-year'' and inserting ``20-year''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. <all>

To amend the Internal Revenue Code of 1986 to increase and expand the credit for carbon oxide sequestration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPROVEMENTS TO CREDIT FOR CARBON OXIDE SEQUESTRATION. (a) Increase in Applicable Dollar Amount.--Section 45Q(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) in clause (i)(I) and (ii)(I), by striking ``$50'' and inserting ``$85'', and (2) in clause (i)(II) and (ii)(II), by striking ``$35'' and inserting ``$50''. (b) Repeal of Placed-In-Service Deadline; Expansion of Facilities to Which Credit Applies.--Section 45Q(d) of such Code is amended to read as follows: ``(d) Qualified Facility.--For purposes of this section, the term `qualified facility' means any industrial facility or direct air capture facility which captures-- ``(1) in the case of a facility which emits not more than 500,000 metric tons of carbon oxide into the atmosphere during the taxable year, not less than 10,000 metric tons of qualified carbon oxide during the taxable year which is utilized in a manner described in subsection (f)(5), ``(2) in the case of an electricity generating facility which is not described in paragraph (1), not less than 100,000 metric tons of qualified carbon oxide during the taxable year, ``(3) in the case of a direct air capture facility, not less than 10,000 metric tons of qualified carbon oxide during the taxable year, or ``(4) in the case of any facility not described in paragraph (1), (2), or (3), not less than 25,000 metric tons of qualified carbon oxide during the taxable year.''. (c) Extension of Credit Period.--Paragraphs (3)(A) and (4)(A) of section 45Q(a) of such Code are each amended by striking ``12-year'' and inserting ``20-year''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. <all>

H.R.9297

Health

Pre-Approval Information Exchange Act of 2022 This bill specifies that product information that is exchanged between drug manufacturers and certain health care entities (e.g., formulary committees) about drug products before regulatory approval is not considered to be misbranding if it relates to the product's investigational use and meets other specified criteria. The Government Accountability Office must study the use and effects of such information.

To amend the Federal Food, Drug, and Cosmetic Act to facilitate the exchange of certain product information, 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 ``Pre-Approval Information Exchange Act of 2022''. SEC. 2. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO APPROVAL. (a) In General.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended-- (1) in paragraph (a)-- (A) by striking ``drugs for coverage'' and inserting ``drugs or devices for coverage''; and (B) by striking ``drug'' each place it appears and inserting ``drug or device'', respectively; (2) in paragraphs (a)(1) and (a)(2)(B), by striking ``under section 505 or under section 351 of the Public Health Service Act'' and inserting ``under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act''; (3) in paragraph (a)(1)-- (A) by striking ``under section 505 or under section 351(a) of the Public Health Service Act'' and inserting ``under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act''; and (B) by striking ``in section 505(a) or in subsections (a) and (k) of section 351 of the Public Health Service Act'' and inserting ``in section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act''; and (4) by adding at the end the following: ``(gg)(1) Unless its labeling bears adequate directions for use in accordance with paragraph (f), except that (in addition to drugs or devices that conform with exemptions pursuant to such paragraph) no drug or device shall be deemed to be misbranded under such paragraph through the provision of product information to a payor, formulary committee, or other similar entity with knowledge and expertise in the area of health care economic analysis carrying out its responsibilities for the selection of drugs or devices for coverage or reimbursement if the product information relates to an investigational drug or device or investigational use of a drug or device that is approved, cleared, granted marketing authorization, or licensed under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act (as applicable), provided-- ``(A) the product information includes-- ``(i) a clear statement that the investigational drug or device or investigational use of a drug or device has not been approved, cleared, granted marketing authorization, or licensed under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act (as applicable) and that the safety and effectiveness of the drug or device or use has not been established; ``(ii) information related to the stage of development of the drug or device involved, such as-- ``(I) the status of any study or studies in which the investigational drug or device or investigational use is being investigated; ``(II) how the study or studies relate to the overall plan for the development of the drug or device; and ``(III) whether an application, premarket notification, or request for classification for the investigational drug or device or investigational use has been submitted to the Secretary and when such a submission is planned; ``(iii) in the case of information that includes factual presentations of results from studies, which shall not be selectively presented, a description of-- ``(I) all material aspects of study design, methodology, and results; and ``(II) all material limitations related to the study design, methodology, and results; ``(iv) where applicable, a prominent statement disclosing the indication or indications for which the Secretary has approved, granted marketing authorization, cleared, or licensed the product pursuant to section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act, and a copy of the most current required labeling; and ``(v) updated information, if previously communicated information becomes materially outdated as a result of significant changes or as a result of new information regarding the product or its review status; and ``(B) the product information does not include-- ``(i) information that represents that an unapproved product-- ``(I) has been approved, cleared, granted marketing authorization, or licensed under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act (as applicable); or ``(II) has otherwise been determined to be safe or effective for the purpose or purposes for which the drug or device is being studied; or ``(ii) information that represents that an unapproved use of a drug or device that has been so approved, granted marketing authorization, cleared, or licensed-- ``(I) is so approved, granted marketing authorization, cleared, or licensed; or ``(II) that the product is safe or effective for the use or uses for which the drug or device is being studied. ``(2) For purposes of this paragraph, the term `product information' includes-- ``(A) information describing the drug or device (such as drug class, device description, and features); ``(B) information about the indication or indications being investigated; ``(C) the anticipated timeline for a possible approval, clearance, marketing authorization, or licensure pursuant to section 505, 510(k), 513, or 515 of this Act or section 351 of the Public Health Service Act; ``(D) drug or device pricing information; ``(E) patient utilization projections; ``(F) product-related programs or services; and ``(G) factual presentations of results from studies that do not characterize or make conclusions regarding safety or efficacy.''. (b) GAO Study and Report.--Beginning on the date that is 5 years and 6 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the provision and use of information pursuant to section 502(gg) of the Federal Food, Drug, and Cosmetic Act, as added by this subsection (a), between manufacturers of drugs and devices (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) and entities described in such section 502(gg). Such study shall include an analysis of the following: (1) The types of information communicated between such manufacturers and payors. (2) The manner of communication between such manufacturers and payors. (3)(A) Whether such manufacturers file an application for approval, marketing authorization, clearance, or licensing of a new drug or device or the new use of a drug or device that is the subject of communication between such manufacturers and payors under section 502(gg) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a). (B) How frequently the Food and Drug Administration approves, grants marketing authorization, clears, or licenses the new drug or device or new use. (C) The timeframe between the initial communications permitted under section 502(gg) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), regarding an investigational drug or device or investigational use, and the initial marketing of such drug or device. <all>

Pre-Approval Information Exchange Act of 2022

To amend the Federal Food, Drug, and Cosmetic Act to facilitate the exchange of certain product information, and for other purposes.

Pre-Approval Information Exchange Act of 2022

Rep. Guthrie, Brett

R

KY

This bill specifies that product information that is exchanged between drug manufacturers and certain health care entities (e.g., formulary committees) about drug products before regulatory approval is not considered to be misbranding if it relates to the product's investigational use and meets other specified criteria. The Government Accountability Office must study the use and effects of such information.

2. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO APPROVAL. (C) The timeframe between the initial communications permitted under section 502(gg) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), regarding an investigational drug or device or investigational use, and the initial marketing of such drug or device.

2. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO APPROVAL. (C) The timeframe between the initial communications permitted under section 502(gg) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), regarding an investigational drug or device or investigational use, and the initial marketing of such drug or device.

2. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO APPROVAL. (C) The timeframe between the initial communications permitted under section 502(gg) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), regarding an investigational drug or device or investigational use, and the initial marketing of such drug or device.

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 ``Pre-Approval Information Exchange Act of 2022''. SEC. 2. FACILITATING EXCHANGE OF PRODUCT INFORMATION PRIOR TO APPROVAL. (a) In General.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended-- (1) in paragraph (a)-- (A) by striking ``drugs for coverage'' and inserting ``drugs or devices for coverage''; and (B) by striking ``drug'' each place it appears and inserting ``drug or device'', respectively; (2) in paragraphs (a)(1) and (a)(2)(B), by striking ``under section 505 or under section 351 of the Public Health Service Act'' and inserting ``under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act''; (3) in paragraph (a)(1)-- (A) by striking ``under section 505 or under section 351(a) of the Public Health Service Act'' and inserting ``under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act''; and (B) by striking ``in section 505(a) or in subsections (a) and (k) of section 351 of the Public Health Service Act'' and inserting ``in section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act''; and (4) by adding at the end the following: ``(gg)(1) Unless its labeling bears adequate directions for use in accordance with paragraph (f), except that (in addition to drugs or devices that conform with exemptions pursuant to such paragraph) no drug or device shall be deemed to be misbranded under such paragraph through the provision of product information to a payor, formulary committee, or other similar entity with knowledge and expertise in the area of health care economic analysis carrying out its responsibilities for the selection of drugs or devices for coverage or reimbursement if the product information relates to an investigational drug or device or investigational use of a drug or device that is approved, cleared, granted marketing authorization, or licensed under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act (as applicable), provided-- ``(A) the product information includes-- ``(i) a clear statement that the investigational drug or device or investigational use of a drug or device has not been approved, cleared, granted marketing authorization, or licensed under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act (as applicable) and that the safety and effectiveness of the drug or device or use has not been established; ``(ii) information related to the stage of development of the drug or device involved, such as-- ``(I) the status of any study or studies in which the investigational drug or device or investigational use is being investigated; ``(II) how the study or studies relate to the overall plan for the development of the drug or device; and ``(III) whether an application, premarket notification, or request for classification for the investigational drug or device or investigational use has been submitted to the Secretary and when such a submission is planned; ``(iii) in the case of information that includes factual presentations of results from studies, which shall not be selectively presented, a description of-- ``(I) all material aspects of study design, methodology, and results; and ``(II) all material limitations related to the study design, methodology, and results; ``(iv) where applicable, a prominent statement disclosing the indication or indications for which the Secretary has approved, granted marketing authorization, cleared, or licensed the product pursuant to section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act, and a copy of the most current required labeling; and ``(v) updated information, if previously communicated information becomes materially outdated as a result of significant changes or as a result of new information regarding the product or its review status; and ``(B) the product information does not include-- ``(i) information that represents that an unapproved product-- ``(I) has been approved, cleared, granted marketing authorization, or licensed under section 505, 510(k), 513(f)(2), or 515 of this Act or section 351 of the Public Health Service Act (as applicable); or ``(II) has otherwise been determined to be safe or effective for the purpose or purposes for which the drug or device is being studied; or ``(ii) information that represents that an unapproved use of a drug or device that has been so approved, granted marketing authorization, cleared, or licensed-- ``(I) is so approved, granted marketing authorization, cleared, or licensed; or ``(II) that the product is safe or effective for the use or uses for which the drug or device is being studied. (b) GAO Study and Report.--Beginning on the date that is 5 years and 6 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the provision and use of information pursuant to section 502(gg) of the Federal Food, Drug, and Cosmetic Act, as added by this subsection (a), between manufacturers of drugs and devices (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) and entities described in such section 502(gg). (2) The manner of communication between such manufacturers and payors. (B) How frequently the Food and Drug Administration approves, grants marketing authorization, clears, or licenses the new drug or device or new use. (C) The timeframe between the initial communications permitted under section 502(gg) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), regarding an investigational drug or device or investigational use, and the initial marketing of such drug or device.

H.R.7597

Environmental Protection

PFAS Firefighter Protection Act This bill prohibits, under the Toxic Substances Control Act, the manufacture, import, processing, or distribution in commerce of any aqueous film forming foam for use in training and firefighting that contains a perfluoroalkyl or polyfluoroalkyl substance, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. No later than October 5, 2024, the bill also requires the prohibition of the use of fluorinated chemicals in firefighting foam at airports.

To protect firefighters from exposure to per- and polyfluoroalkyl substances. 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 ``PFAS Firefighter Protection Act''. SEC. 2. PROHIBITION ON FIREFIGHTING FOAM CONTAINING PFAS. (a) Prohibition.--Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture, import, process, or distribute in commerce any aqueous film forming foam for use in training and firefighting that contains a per- or polyfluoroalkyl substance. (b) Violations.--A violation of subsection (a) shall be considered to be a violation of section 15(1) of the Toxic Substances Control Act (15 U.S.C. 2614(1)). SEC. 3. DEADLINE TO PROHIBIT AQUEOUS FILM FORMING FOAM (AFFF) USE AT AIRPORTS. Section 332 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44706 note) is amended by adding at the end the following: ``(c) Prohibition.--Not later than October 5, 2024, the Administrator, using the latest version of National Fire Protection Association 403, `Standard for Aircraft Rescue and Fire-Fighting Services at Airports', shall prohibit the use of fluorinated chemicals in firefighting foam at airports.''. <all>

PFAS Firefighter Protection Act

To protect firefighters from exposure to per- and polyfluoroalkyl substances.

PFAS Firefighter Protection Act

Rep. Kildee, Daniel T.

D

MI

This bill prohibits, under the Toxic Substances Control Act, the manufacture, import, processing, or distribution in commerce of any aqueous film forming foam for use in training and firefighting that contains a perfluoroalkyl or polyfluoroalkyl substance, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. No later than October 5, 2024, the bill also requires the prohibition of the use of fluorinated chemicals in firefighting foam at airports.

To protect firefighters from exposure to per- and polyfluoroalkyl substances. 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 ``PFAS Firefighter Protection Act''. SEC. 2. PROHIBITION ON FIREFIGHTING FOAM CONTAINING PFAS. (a) Prohibition.--Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture, import, process, or distribute in commerce any aqueous film forming foam for use in training and firefighting that contains a per- or polyfluoroalkyl substance. (b) Violations.--A violation of subsection (a) shall be considered to be a violation of section 15(1) of the Toxic Substances Control Act (15 U.S.C. 2614(1)). SEC. 3. DEADLINE TO PROHIBIT AQUEOUS FILM FORMING FOAM (AFFF) USE AT AIRPORTS. Section 332 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44706 note) is amended by adding at the end the following: ``(c) Prohibition.--Not later than October 5, 2024, the Administrator, using the latest version of National Fire Protection Association 403, `Standard for Aircraft Rescue and Fire-Fighting Services at Airports', shall prohibit the use of fluorinated chemicals in firefighting foam at airports.''. <all>

To protect firefighters from exposure to per- and polyfluoroalkyl substances. 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 ``PFAS Firefighter Protection Act''. SEC. 2. PROHIBITION ON FIREFIGHTING FOAM CONTAINING PFAS. (a) Prohibition.--Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture, import, process, or distribute in commerce any aqueous film forming foam for use in training and firefighting that contains a per- or polyfluoroalkyl substance. (b) Violations.--A violation of subsection (a) shall be considered to be a violation of section 15(1) of the Toxic Substances Control Act (15 U.S.C. 2614(1)). SEC. 3. DEADLINE TO PROHIBIT AQUEOUS FILM FORMING FOAM (AFFF) USE AT AIRPORTS. Section 332 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44706 note) is amended by adding at the end the following: ``(c) Prohibition.--Not later than October 5, 2024, the Administrator, using the latest version of National Fire Protection Association 403, `Standard for Aircraft Rescue and Fire-Fighting Services at Airports', shall prohibit the use of fluorinated chemicals in firefighting foam at airports.''. <all>

To protect firefighters from exposure to per- and polyfluoroalkyl substances. 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 ``PFAS Firefighter Protection Act''. SEC. 2. PROHIBITION ON FIREFIGHTING FOAM CONTAINING PFAS. (a) Prohibition.--Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture, import, process, or distribute in commerce any aqueous film forming foam for use in training and firefighting that contains a per- or polyfluoroalkyl substance. (b) Violations.--A violation of subsection (a) shall be considered to be a violation of section 15(1) of the Toxic Substances Control Act (15 U.S.C. 2614(1)). SEC. 3. DEADLINE TO PROHIBIT AQUEOUS FILM FORMING FOAM (AFFF) USE AT AIRPORTS. Section 332 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44706 note) is amended by adding at the end the following: ``(c) Prohibition.--Not later than October 5, 2024, the Administrator, using the latest version of National Fire Protection Association 403, `Standard for Aircraft Rescue and Fire-Fighting Services at Airports', shall prohibit the use of fluorinated chemicals in firefighting foam at airports.''. <all>

To protect firefighters from exposure to per- and polyfluoroalkyl substances. 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 ``PFAS Firefighter Protection Act''. SEC. 2. PROHIBITION ON FIREFIGHTING FOAM CONTAINING PFAS. (a) Prohibition.--Beginning on the date that is 2 years after the date of enactment of this Act, no person may manufacture, import, process, or distribute in commerce any aqueous film forming foam for use in training and firefighting that contains a per- or polyfluoroalkyl substance. (b) Violations.--A violation of subsection (a) shall be considered to be a violation of section 15(1) of the Toxic Substances Control Act (15 U.S.C. 2614(1)). SEC. 3. DEADLINE TO PROHIBIT AQUEOUS FILM FORMING FOAM (AFFF) USE AT AIRPORTS. Section 332 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44706 note) is amended by adding at the end the following: ``(c) Prohibition.--Not later than October 5, 2024, the Administrator, using the latest version of National Fire Protection Association 403, `Standard for Aircraft Rescue and Fire-Fighting Services at Airports', shall prohibit the use of fluorinated chemicals in firefighting foam at airports.''. <all>

H.R.6386

Government Operations and Politics

This act designates the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the Veterans of Iraq and Afghanistan Memorial Post Office Building.

[117th Congress Public Law 295] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4373]] Public Law 117-295 117th Congress An Act To designate the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 6386]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. VETERANS OF IRAQ AND AFGHANISTAN MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, shall be known and designated as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 6386: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the "Veterans of Iraq and Afghanistan Memorial Post Office Building".

To designate the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the "Veterans of Iraq and Afghanistan Memorial Post Office Building".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the "Veterans of Iraq and Afghanistan Memorial Post Office Building".

Rep. Krishnamoorthi, Raja

D

IL

This act designates the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the Veterans of Iraq and Afghanistan Memorial Post Office Building.

[117th Congress Public Law 295] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4373]] Public Law 117-295 117th Congress An Act To designate the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 6386]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. VETERANS OF IRAQ AND AFGHANISTAN MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, shall be known and designated as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 6386: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 295] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4373]] Public Law 117-295 117th Congress An Act To designate the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 6386]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. VETERANS OF IRAQ AND AFGHANISTAN MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, shall be known and designated as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 6386: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 295] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4373]] Public Law 117-295 117th Congress An Act To designate the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 6386]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. VETERANS OF IRAQ AND AFGHANISTAN MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, shall be known and designated as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 6386: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 295] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4373]] Public Law 117-295 117th Congress An Act To designate the facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. <<NOTE: Dec. 27, 2022 - [H.R. 6386]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. VETERANS OF IRAQ AND AFGHANISTAN MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 450 West Schaumburg Road in Schaumburg, Illinois, shall be known and designated as the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Veterans of Iraq and Afghanistan Memorial Post Office Building''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 6386: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): May 10, 11, considered and passed House. Dec. 19, considered and passed Senate. <all>

H.R.6621

Immigration

No Taxpayer Funds for Illegal Immigrants Act This bill prohibits using federal funds pursuant to a federal contract, grant, loan, or cooperative agreement for any organization that provides legal representation or legal orientation for non-U.S. nationals (aliens under federal law) who are unlawfully present in the United States and are placed in removal proceedings. The bill also prohibits using any federal funds for the Legal Access at the Border program, any successor programs, or federal solicitations for commercial products or services related to such programs.

To prevent recipients of Federal funds from providing, or assisting in the provision of, legal representation to aliens unlawfully present in the United States, 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 ``No Taxpayer Funds for Illegal Immigrants Act''. SEC. 2. FINDING. Congress finds that United States taxpayers' dollars should not be used to cover or subsidize the costs of legal representation for any alien who is unlawfully present in the United States. SEC. 3. FEDERAL CONTRACT DEFINED. In this Act, the term ``Federal contract'' means any contract entered into by the United States and with the Federal Government, including any contract to which any agency or instrumentality of the United States Government becomes a party pursuant to authority derived from the Constitution and the laws of the United States. SEC. 4. FEDERAL FUNDING LIMITATIONS. (a) In General.--No Federal funds received pursuant to a Federal contract, grant, loan, or cooperative agreement may be used for any organization that provides legal representation or legal orientation services (as described in section 235(c)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(4))) for aliens unlawfully present in the United States who are placed in removal proceedings. (b) State and Local Recipients.--No State, unit of local government, or territory of the United States that receives funds from the Federal Government may use or allocate such funds, or provide any other form of assistance, to any legal defense fund for the representation of aliens unlawfully present in the United States in civil proceedings. (c) Limitation.--Subsections (a) and (b) shall not apply with respect to any funds used for the legal representation of child trafficking victims. SEC. 5. PROHIBITING LEGAL ACCESS AT THE BORDER PROGRAM. No Federal funds may be used for the Legal Access at the Border program or solicitation number 15JE1R-22-PR-0098 or any successor program or solicitation. <all>

No Taxpayer Funds for Illegal Immigrants Act

To prevent recipients of Federal funds from providing, or assisting in the provision of, legal representation to aliens unlawfully present in the United States, and for other purposes.

No Taxpayer Funds for Illegal Immigrants Act

Rep. Boebert, Lauren

R

CO

This bill prohibits using federal funds pursuant to a federal contract, grant, loan, or cooperative agreement for any organization that provides legal representation or legal orientation for non-U.S. nationals (aliens under federal law) who are unlawfully present in the United States and are placed in removal proceedings. The bill also prohibits using any federal funds for the Legal Access at the Border program, any successor programs, or federal solicitations for commercial products or services related to such programs.

To prevent recipients of Federal funds from providing, or assisting in the provision of, legal representation to aliens unlawfully present in the United States, 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 ``No Taxpayer Funds for Illegal Immigrants Act''. SEC. 2. FINDING. Congress finds that United States taxpayers' dollars should not be used to cover or subsidize the costs of legal representation for any alien who is unlawfully present in the United States. SEC. 3. FEDERAL CONTRACT DEFINED. In this Act, the term ``Federal contract'' means any contract entered into by the United States and with the Federal Government, including any contract to which any agency or instrumentality of the United States Government becomes a party pursuant to authority derived from the Constitution and the laws of the United States. SEC. 4. FEDERAL FUNDING LIMITATIONS. (a) In General.--No Federal funds received pursuant to a Federal contract, grant, loan, or cooperative agreement may be used for any organization that provides legal representation or legal orientation services (as described in section 235(c)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(4))) for aliens unlawfully present in the United States who are placed in removal proceedings. (b) State and Local Recipients.--No State, unit of local government, or territory of the United States that receives funds from the Federal Government may use or allocate such funds, or provide any other form of assistance, to any legal defense fund for the representation of aliens unlawfully present in the United States in civil proceedings. (c) Limitation.--Subsections (a) and (b) shall not apply with respect to any funds used for the legal representation of child trafficking victims. SEC. 5. PROHIBITING LEGAL ACCESS AT THE BORDER PROGRAM. No Federal funds may be used for the Legal Access at the Border program or solicitation number 15JE1R-22-PR-0098 or any successor program or solicitation. <all>

To prevent recipients of Federal funds from providing, or assisting in the provision of, legal representation to aliens unlawfully present in the United States, 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 ``No Taxpayer Funds for Illegal Immigrants Act''. SEC. 2. FINDING. Congress finds that United States taxpayers' dollars should not be used to cover or subsidize the costs of legal representation for any alien who is unlawfully present in the United States. SEC. 3. FEDERAL CONTRACT DEFINED. In this Act, the term ``Federal contract'' means any contract entered into by the United States and with the Federal Government, including any contract to which any agency or instrumentality of the United States Government becomes a party pursuant to authority derived from the Constitution and the laws of the United States. SEC. 4. FEDERAL FUNDING LIMITATIONS. (a) In General.--No Federal funds received pursuant to a Federal contract, grant, loan, or cooperative agreement may be used for any organization that provides legal representation or legal orientation services (as described in section 235(c)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(4))) for aliens unlawfully present in the United States who are placed in removal proceedings. (b) State and Local Recipients.--No State, unit of local government, or territory of the United States that receives funds from the Federal Government may use or allocate such funds, or provide any other form of assistance, to any legal defense fund for the representation of aliens unlawfully present in the United States in civil proceedings. (c) Limitation.--Subsections (a) and (b) shall not apply with respect to any funds used for the legal representation of child trafficking victims. SEC. 5. PROHIBITING LEGAL ACCESS AT THE BORDER PROGRAM. No Federal funds may be used for the Legal Access at the Border program or solicitation number 15JE1R-22-PR-0098 or any successor program or solicitation. <all>

To prevent recipients of Federal funds from providing, or assisting in the provision of, legal representation to aliens unlawfully present in the United States, 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 ``No Taxpayer Funds for Illegal Immigrants Act''. SEC. 2. FINDING. Congress finds that United States taxpayers' dollars should not be used to cover or subsidize the costs of legal representation for any alien who is unlawfully present in the United States. SEC. 3. FEDERAL CONTRACT DEFINED. In this Act, the term ``Federal contract'' means any contract entered into by the United States and with the Federal Government, including any contract to which any agency or instrumentality of the United States Government becomes a party pursuant to authority derived from the Constitution and the laws of the United States. SEC. 4. FEDERAL FUNDING LIMITATIONS. (a) In General.--No Federal funds received pursuant to a Federal contract, grant, loan, or cooperative agreement may be used for any organization that provides legal representation or legal orientation services (as described in section 235(c)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(4))) for aliens unlawfully present in the United States who are placed in removal proceedings. (b) State and Local Recipients.--No State, unit of local government, or territory of the United States that receives funds from the Federal Government may use or allocate such funds, or provide any other form of assistance, to any legal defense fund for the representation of aliens unlawfully present in the United States in civil proceedings. (c) Limitation.--Subsections (a) and (b) shall not apply with respect to any funds used for the legal representation of child trafficking victims. SEC. 5. PROHIBITING LEGAL ACCESS AT THE BORDER PROGRAM. No Federal funds may be used for the Legal Access at the Border program or solicitation number 15JE1R-22-PR-0098 or any successor program or solicitation. <all>

To prevent recipients of Federal funds from providing, or assisting in the provision of, legal representation to aliens unlawfully present in the United States, 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 ``No Taxpayer Funds for Illegal Immigrants Act''. SEC. 2. FINDING. Congress finds that United States taxpayers' dollars should not be used to cover or subsidize the costs of legal representation for any alien who is unlawfully present in the United States. SEC. 3. FEDERAL CONTRACT DEFINED. In this Act, the term ``Federal contract'' means any contract entered into by the United States and with the Federal Government, including any contract to which any agency or instrumentality of the United States Government becomes a party pursuant to authority derived from the Constitution and the laws of the United States. SEC. 4. FEDERAL FUNDING LIMITATIONS. (a) In General.--No Federal funds received pursuant to a Federal contract, grant, loan, or cooperative agreement may be used for any organization that provides legal representation or legal orientation services (as described in section 235(c)(4) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(4))) for aliens unlawfully present in the United States who are placed in removal proceedings. (b) State and Local Recipients.--No State, unit of local government, or territory of the United States that receives funds from the Federal Government may use or allocate such funds, or provide any other form of assistance, to any legal defense fund for the representation of aliens unlawfully present in the United States in civil proceedings. (c) Limitation.--Subsections (a) and (b) shall not apply with respect to any funds used for the legal representation of child trafficking victims. SEC. 5. PROHIBITING LEGAL ACCESS AT THE BORDER PROGRAM. No Federal funds may be used for the Legal Access at the Border program or solicitation number 15JE1R-22-PR-0098 or any successor program or solicitation. <all>

H.R.464

Armed Forces and National Security

Nuclear Forensics Authority Realignment Act This bill reorganizes nuclear forensics and attribution activities of the federal government. Specifically, the bill transfers nuclear forensics activities currently performed by the Department of Homeland Security to the National Nuclear Security Administration (NNSA) within the Department of Energy (DOE). Nuclear forensics is the examination of nuclear and other radioactive materials to determine the origin and history of the material for purposes of law enforcement investigations or assessment of nuclear security vulnerabilities. The bill also establishes the National Nuclear Forensics Center within the NNSA. The center must coordinate stewardship, planning, assessment, and other functions for all federal nuclear forensics and attribution activities. Additionally, the NNSA must develop and implement a plan to modify its university-based research collaboration program to include the development of expertise in nuclear forensics in supporting scientific and engineering advancement in DOE defense and national security program areas.

To realign the nuclear forensics and attribution activities of the Federal Government from the Department of Homeland Security to the National Nuclear Security Administration. 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 ``Nuclear Forensics Authority Realignment Act''. SEC. 2. ESTABLISHMENT OF NATIONAL NUCLEAR FORENSICS CENTER. (a) Establishment.-- (1) In general.--The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by inserting after section 3221 the following new section: ``SEC. 3222. NATIONAL NUCLEAR FORENSICS CENTER. ``(a) Establishment.--There is within the Administration a National Nuclear Forensics Center (in this section referred to as the `Center'). ``(b) Mission.--The mission of the Center shall be to coordinate stewardship, planning, assessment, gap analysis, exercises, improvement, including operational improvements and research, development, testing, and evaluation, and integration for all Federal nuclear forensics and attribution activities to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks.''. (2) Clerical amendment.--The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3221 the following new item: ``Sec. 3222. National Nuclear Forensics Center.''. (3) Nuclear forensics expertise.--Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall develop and implement a plan to modify the university program of the National Nuclear Security Administration established under section 4814 of the Atomic Energy Defense Act (50 U.S.C. 2795) to include the development of expertise in nuclear forensics in supporting scientific and engineering advancement in key Department of Energy defense and national security program areas. (b) Conforming Repeals.-- (1) In general.--The Nuclear Forensics and Attribution Act (Public Law 111-140) is hereby repealed. (2) Homeland security act of 2002.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is amended as follows: (A) In section 1923-- (i) in subsection (a)-- (I) by striking ``(a) Mission.--''; (II) in paragraph (9), by striking the semicolon and inserting ``; and''; (III) by striking paragraphs (10), (11), (12), and (13); and (IV) by redesignating paragraph (14) as paragraph (10); and (ii) by striking subsection (b). (B) In section 1927(a)(1) (6 U.S.C. 596a(a)(1))-- (i) in subparagraph (A)(ii), by striking the semicolon and inserting ``; and''; (ii) in subparagraph (B)(iii), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (c) References and Construction.--Any reference in any law, regulation, document, paper, or other record of the United States to the National Technical Nuclear Forensics Center established within the Countering Weapons of Mass Destruction Office of the Department of Homeland Security, formerly the Domestic Nuclear Detection Office, shall be deemed to be a reference to the National Nuclear Forensics Center established by section 3222 of the National Nuclear Security Administration Act, as added by subsection (a). <all>

Nuclear Forensics Authority Realignment Act

To realign the nuclear forensics and attribution activities of the Federal Government from the Department of Homeland Security to the National Nuclear Security Administration.

Nuclear Forensics Authority Realignment Act

Rep. Foster, Bill

D

IL

This bill reorganizes nuclear forensics and attribution activities of the federal government. Specifically, the bill transfers nuclear forensics activities currently performed by the Department of Homeland Security to the National Nuclear Security Administration (NNSA) within the Department of Energy (DOE). Nuclear forensics is the examination of nuclear and other radioactive materials to determine the origin and history of the material for purposes of law enforcement investigations or assessment of nuclear security vulnerabilities. The bill also establishes the National Nuclear Forensics Center within the NNSA. The center must coordinate stewardship, planning, assessment, and other functions for all federal nuclear forensics and attribution activities. Additionally, the NNSA must develop and implement a plan to modify its university-based research collaboration program to include the development of expertise in nuclear forensics in supporting scientific and engineering advancement in DOE defense and national security program areas.

To realign the nuclear forensics and attribution activities of the Federal Government from the Department of Homeland Security to the National Nuclear Security Administration. 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 ``Nuclear Forensics Authority Realignment Act''. SEC. 2. (a) Establishment.-- (1) In general.--The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by inserting after section 3221 the following new section: ``SEC. NATIONAL NUCLEAR FORENSICS CENTER. ``(a) Establishment.--There is within the Administration a National Nuclear Forensics Center (in this section referred to as the `Center'). ``(b) Mission.--The mission of the Center shall be to coordinate stewardship, planning, assessment, gap analysis, exercises, improvement, including operational improvements and research, development, testing, and evaluation, and integration for all Federal nuclear forensics and attribution activities to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks.''. (2) Clerical amendment.--The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3221 the following new item: ``Sec. 3222. (3) Nuclear forensics expertise.--Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall develop and implement a plan to modify the university program of the National Nuclear Security Administration established under section 4814 of the Atomic Energy Defense Act (50 U.S.C. 2795) to include the development of expertise in nuclear forensics in supporting scientific and engineering advancement in key Department of Energy defense and national security program areas. (b) Conforming Repeals.-- (1) In general.--The Nuclear Forensics and Attribution Act (Public Law 111-140) is hereby repealed. (2) Homeland security act of 2002.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is amended as follows: (A) In section 1923-- (i) in subsection (a)-- (I) by striking ``(a) Mission.--''; (II) in paragraph (9), by striking the semicolon and inserting ``; and''; (III) by striking paragraphs (10), (11), (12), and (13); and (IV) by redesignating paragraph (14) as paragraph (10); and (ii) by striking subsection (b). (B) In section 1927(a)(1) (6 U.S.C. 596a(a)(1))-- (i) in subparagraph (A)(ii), by striking the semicolon and inserting ``; and''; (ii) in subparagraph (B)(iii), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (c) References and Construction.--Any reference in any law, regulation, document, paper, or other record of the United States to the National Technical Nuclear Forensics Center established within the Countering Weapons of Mass Destruction Office of the Department of Homeland Security, formerly the Domestic Nuclear Detection Office, shall be deemed to be a reference to the National Nuclear Forensics Center established by section 3222 of the National Nuclear Security Administration Act, as added by subsection (a).

To realign the nuclear forensics and attribution activities of the Federal Government from the Department of Homeland Security to the National Nuclear Security Administration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a) Establishment.-- (1) In general.--The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by inserting after section 3221 the following new section: ``SEC. NATIONAL NUCLEAR FORENSICS CENTER. ``(b) Mission.--The mission of the Center shall be to coordinate stewardship, planning, assessment, gap analysis, exercises, improvement, including operational improvements and research, development, testing, and evaluation, and integration for all Federal nuclear forensics and attribution activities to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks.''. 3222. 2795) to include the development of expertise in nuclear forensics in supporting scientific and engineering advancement in key Department of Energy defense and national security program areas. (2) Homeland security act of 2002.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. is amended as follows: (A) In section 1923-- (i) in subsection (a)-- (I) by striking ``(a) Mission.--''; (II) in paragraph (9), by striking the semicolon and inserting ``; and''; (III) by striking paragraphs (10), (11), (12), and (13); and (IV) by redesignating paragraph (14) as paragraph (10); and (ii) by striking subsection (b). 596a(a)(1))-- (i) in subparagraph (A)(ii), by striking the semicolon and inserting ``; and''; (ii) in subparagraph (B)(iii), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (c) References and Construction.--Any reference in any law, regulation, document, paper, or other record of the United States to the National Technical Nuclear Forensics Center established within the Countering Weapons of Mass Destruction Office of the Department of Homeland Security, formerly the Domestic Nuclear Detection Office, shall be deemed to be a reference to the National Nuclear Forensics Center established by section 3222 of the National Nuclear Security Administration Act, as added by subsection (a).

To realign the nuclear forensics and attribution activities of the Federal Government from the Department of Homeland Security to the National Nuclear Security Administration. 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 ``Nuclear Forensics Authority Realignment Act''. SEC. 2. ESTABLISHMENT OF NATIONAL NUCLEAR FORENSICS CENTER. (a) Establishment.-- (1) In general.--The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by inserting after section 3221 the following new section: ``SEC. 3222. NATIONAL NUCLEAR FORENSICS CENTER. ``(a) Establishment.--There is within the Administration a National Nuclear Forensics Center (in this section referred to as the `Center'). ``(b) Mission.--The mission of the Center shall be to coordinate stewardship, planning, assessment, gap analysis, exercises, improvement, including operational improvements and research, development, testing, and evaluation, and integration for all Federal nuclear forensics and attribution activities to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks.''. (2) Clerical amendment.--The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3221 the following new item: ``Sec. 3222. National Nuclear Forensics Center.''. (3) Nuclear forensics expertise.--Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall develop and implement a plan to modify the university program of the National Nuclear Security Administration established under section 4814 of the Atomic Energy Defense Act (50 U.S.C. 2795) to include the development of expertise in nuclear forensics in supporting scientific and engineering advancement in key Department of Energy defense and national security program areas. (b) Conforming Repeals.-- (1) In general.--The Nuclear Forensics and Attribution Act (Public Law 111-140) is hereby repealed. (2) Homeland security act of 2002.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is amended as follows: (A) In section 1923-- (i) in subsection (a)-- (I) by striking ``(a) Mission.--''; (II) in paragraph (9), by striking the semicolon and inserting ``; and''; (III) by striking paragraphs (10), (11), (12), and (13); and (IV) by redesignating paragraph (14) as paragraph (10); and (ii) by striking subsection (b). (B) In section 1927(a)(1) (6 U.S.C. 596a(a)(1))-- (i) in subparagraph (A)(ii), by striking the semicolon and inserting ``; and''; (ii) in subparagraph (B)(iii), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (c) References and Construction.--Any reference in any law, regulation, document, paper, or other record of the United States to the National Technical Nuclear Forensics Center established within the Countering Weapons of Mass Destruction Office of the Department of Homeland Security, formerly the Domestic Nuclear Detection Office, shall be deemed to be a reference to the National Nuclear Forensics Center established by section 3222 of the National Nuclear Security Administration Act, as added by subsection (a). <all>

To realign the nuclear forensics and attribution activities of the Federal Government from the Department of Homeland Security to the National Nuclear Security Administration. 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 ``Nuclear Forensics Authority Realignment Act''. SEC. 2. ESTABLISHMENT OF NATIONAL NUCLEAR FORENSICS CENTER. (a) Establishment.-- (1) In general.--The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by inserting after section 3221 the following new section: ``SEC. 3222. NATIONAL NUCLEAR FORENSICS CENTER. ``(a) Establishment.--There is within the Administration a National Nuclear Forensics Center (in this section referred to as the `Center'). ``(b) Mission.--The mission of the Center shall be to coordinate stewardship, planning, assessment, gap analysis, exercises, improvement, including operational improvements and research, development, testing, and evaluation, and integration for all Federal nuclear forensics and attribution activities to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks.''. (2) Clerical amendment.--The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3221 the following new item: ``Sec. 3222. National Nuclear Forensics Center.''. (3) Nuclear forensics expertise.--Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall develop and implement a plan to modify the university program of the National Nuclear Security Administration established under section 4814 of the Atomic Energy Defense Act (50 U.S.C. 2795) to include the development of expertise in nuclear forensics in supporting scientific and engineering advancement in key Department of Energy defense and national security program areas. (b) Conforming Repeals.-- (1) In general.--The Nuclear Forensics and Attribution Act (Public Law 111-140) is hereby repealed. (2) Homeland security act of 2002.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is amended as follows: (A) In section 1923-- (i) in subsection (a)-- (I) by striking ``(a) Mission.--''; (II) in paragraph (9), by striking the semicolon and inserting ``; and''; (III) by striking paragraphs (10), (11), (12), and (13); and (IV) by redesignating paragraph (14) as paragraph (10); and (ii) by striking subsection (b). (B) In section 1927(a)(1) (6 U.S.C. 596a(a)(1))-- (i) in subparagraph (A)(ii), by striking the semicolon and inserting ``; and''; (ii) in subparagraph (B)(iii), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (c) References and Construction.--Any reference in any law, regulation, document, paper, or other record of the United States to the National Technical Nuclear Forensics Center established within the Countering Weapons of Mass Destruction Office of the Department of Homeland Security, formerly the Domestic Nuclear Detection Office, shall be deemed to be a reference to the National Nuclear Forensics Center established by section 3222 of the National Nuclear Security Administration Act, as added by subsection (a). <all>

H.J.Res.26

Economics and Public Finance

This joint resolution proposes a constitutional amendment prohibiting total outlays for a fiscal year from exceeding total receipts for that fiscal year or 18% of the U.S. gross domestic product unless Congress authorizes the excess by a two-thirds vote of each chamber. The prohibition excludes outlays for repayment of debt principal and receipts derived from borrowing. The amendment requires a two-thirds vote of each chamber of Congress to levy a new tax, increase the rate of any tax, or increase the debt limit. The amendment provides any Member of Congress with standing and a cause of action to seek judicial enforcement of this amendment if authorized by a petition signed by one-third of the Members of either chamber of Congress. Courts are prohibited from ordering any increase in revenue to enforce this amendment.

117th CONGRESS 1st Session H. J. RES. 26 Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 18, 2021 Mr. Loudermilk (for himself, Mr. Duncan, Mr. DesJarlais, Mr. Hice of Georgia, Mr. Hern, Mr. Griffith, and Mr. Mooney) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: ``Article-- ``Section 1. Total outlays for any fiscal year shall not exceed total receipts for that fiscal year. ``Section 2. Total outlays shall not exceed 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 3. The Congress may provide for suspension of the limitations imposed by section 1 or 2 of this article for any fiscal year for which two-thirds of the whole number of each House shall provide, by a rollcall vote, for a specific excess of outlays over receipts or over 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 4. Any bill to levy a new tax or increase the rate of any tax shall not become law unless approved by two-thirds of the whole number of each House of Congress by a rollcall vote. ``Section 5. The limit on the debt of the United States held by the public shall not be increased, unless two-thirds of the whole number of each House of Congress shall provide for such an increase by a rollcall vote. ``Section 6. Any Member of Congress shall have standing and a cause of action to seek judicial enforcement of this article, when authorized to do so by a petition signed by one-third of the Members of either House of Congress. No court of the United States or of any State shall order any increase in revenue to enforce this article. ``Section 7. The Congress shall have the power to enforce this article by appropriate legislation. ``Section 8. Total receipts shall include all receipts of the United States except those derived from borrowing. Total outlays shall include all outlays of the United States except those for repayment of debt principal. ``Section 9. This article shall become effective beginning with the tenth fiscal year commencing after its ratification by the legislatures of three-fourths of the several States.''. <all>

Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced.

Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced.

Official Titles - House of Representatives Official Title as Introduced Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced.

Rep. Loudermilk, Barry

R

GA

This joint resolution proposes a constitutional amendment prohibiting total outlays for a fiscal year from exceeding total receipts for that fiscal year or 18% of the U.S. gross domestic product unless Congress authorizes the excess by a two-thirds vote of each chamber. The prohibition excludes outlays for repayment of debt principal and receipts derived from borrowing. The amendment requires a two-thirds vote of each chamber of Congress to levy a new tax, increase the rate of any tax, or increase the debt limit. The amendment provides any Member of Congress with standing and a cause of action to seek judicial enforcement of this amendment if authorized by a petition signed by one-third of the Members of either chamber of Congress. Courts are prohibited from ordering any increase in revenue to enforce this amendment.

117th CONGRESS 1st Session H. J. RES. 26 Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 18, 2021 Mr. Loudermilk (for himself, Mr. Duncan, Mr. DesJarlais, Mr. Hice of Georgia, Mr. Hern, Mr. Griffith, and Mr. Mooney) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: ``Article-- ``Section 1. Total outlays for any fiscal year shall not exceed total receipts for that fiscal year. ``Section 2. Total outlays shall not exceed 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 3. The Congress may provide for suspension of the limitations imposed by section 1 or 2 of this article for any fiscal year for which two-thirds of the whole number of each House shall provide, by a rollcall vote, for a specific excess of outlays over receipts or over 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 4. Any bill to levy a new tax or increase the rate of any tax shall not become law unless approved by two-thirds of the whole number of each House of Congress by a rollcall vote. ``Section 5. The limit on the debt of the United States held by the public shall not be increased, unless two-thirds of the whole number of each House of Congress shall provide for such an increase by a rollcall vote. ``Section 6. Any Member of Congress shall have standing and a cause of action to seek judicial enforcement of this article, when authorized to do so by a petition signed by one-third of the Members of either House of Congress. No court of the United States or of any State shall order any increase in revenue to enforce this article. ``Section 7. The Congress shall have the power to enforce this article by appropriate legislation. ``Section 8. Total receipts shall include all receipts of the United States except those derived from borrowing. Total outlays shall include all outlays of the United States except those for repayment of debt principal. ``Section 9. This article shall become effective beginning with the tenth fiscal year commencing after its ratification by the legislatures of three-fourths of the several States.''. <all>

117th CONGRESS 1st Session H. J. RES. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 18, 2021 Mr. Loudermilk (for himself, Mr. Duncan, Mr. DesJarlais, Mr. Hice of Georgia, Mr. Hern, Mr. Griffith, and Mr. Mooney) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: ``Article-- ``Section 1. Total outlays for any fiscal year shall not exceed total receipts for that fiscal year. ``Section 2. Total outlays shall not exceed 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 3. ``Section 4. Any bill to levy a new tax or increase the rate of any tax shall not become law unless approved by two-thirds of the whole number of each House of Congress by a rollcall vote. ``Section 5. ``Section 6. Any Member of Congress shall have standing and a cause of action to seek judicial enforcement of this article, when authorized to do so by a petition signed by one-third of the Members of either House of Congress. No court of the United States or of any State shall order any increase in revenue to enforce this article. ``Section 7. The Congress shall have the power to enforce this article by appropriate legislation. ``Section 8. Total outlays shall include all outlays of the United States except those for repayment of debt principal. ``Section 9. This article shall become effective beginning with the tenth fiscal year commencing after its ratification by the legislatures of three-fourths of the several States.''.

117th CONGRESS 1st Session H. J. RES. 26 Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 18, 2021 Mr. Loudermilk (for himself, Mr. Duncan, Mr. DesJarlais, Mr. Hice of Georgia, Mr. Hern, Mr. Griffith, and Mr. Mooney) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: ``Article-- ``Section 1. Total outlays for any fiscal year shall not exceed total receipts for that fiscal year. ``Section 2. Total outlays shall not exceed 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 3. The Congress may provide for suspension of the limitations imposed by section 1 or 2 of this article for any fiscal year for which two-thirds of the whole number of each House shall provide, by a rollcall vote, for a specific excess of outlays over receipts or over 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 4. Any bill to levy a new tax or increase the rate of any tax shall not become law unless approved by two-thirds of the whole number of each House of Congress by a rollcall vote. ``Section 5. The limit on the debt of the United States held by the public shall not be increased, unless two-thirds of the whole number of each House of Congress shall provide for such an increase by a rollcall vote. ``Section 6. Any Member of Congress shall have standing and a cause of action to seek judicial enforcement of this article, when authorized to do so by a petition signed by one-third of the Members of either House of Congress. No court of the United States or of any State shall order any increase in revenue to enforce this article. ``Section 7. The Congress shall have the power to enforce this article by appropriate legislation. ``Section 8. Total receipts shall include all receipts of the United States except those derived from borrowing. Total outlays shall include all outlays of the United States except those for repayment of debt principal. ``Section 9. This article shall become effective beginning with the tenth fiscal year commencing after its ratification by the legislatures of three-fourths of the several States.''. <all>

117th CONGRESS 1st Session H. J. RES. 26 Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 18, 2021 Mr. Loudermilk (for himself, Mr. Duncan, Mr. DesJarlais, Mr. Hice of Georgia, Mr. Hern, Mr. Griffith, and Mr. Mooney) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States requiring that the Federal budget be balanced. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: ``Article-- ``Section 1. Total outlays for any fiscal year shall not exceed total receipts for that fiscal year. ``Section 2. Total outlays shall not exceed 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 3. The Congress may provide for suspension of the limitations imposed by section 1 or 2 of this article for any fiscal year for which two-thirds of the whole number of each House shall provide, by a rollcall vote, for a specific excess of outlays over receipts or over 18 percent of the gross domestic product of the United States for the calendar year ending prior to the beginning of such fiscal year. ``Section 4. Any bill to levy a new tax or increase the rate of any tax shall not become law unless approved by two-thirds of the whole number of each House of Congress by a rollcall vote. ``Section 5. The limit on the debt of the United States held by the public shall not be increased, unless two-thirds of the whole number of each House of Congress shall provide for such an increase by a rollcall vote. ``Section 6. Any Member of Congress shall have standing and a cause of action to seek judicial enforcement of this article, when authorized to do so by a petition signed by one-third of the Members of either House of Congress. No court of the United States or of any State shall order any increase in revenue to enforce this article. ``Section 7. The Congress shall have the power to enforce this article by appropriate legislation. ``Section 8. Total receipts shall include all receipts of the United States except those derived from borrowing. Total outlays shall include all outlays of the United States except those for repayment of debt principal. ``Section 9. This article shall become effective beginning with the tenth fiscal year commencing after its ratification by the legislatures of three-fourths of the several States.''. <all>

H.R.4049

Health

Dillon's Law This bill requires the Department of Health and Human Services to give preference when awarding certain grants for preventive health service programs to states that allow trained individuals to administer epinephrine and provide civil liability protections related to that administration.

To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health services, for States that allow trained individuals to carry and administer epinephrine, 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 ``Dillon's Law''. SEC. 2. PREFERENCE FOR STATES THAT ALLOW TRAINED INDIVIDUALS TO CARRY AND ADMINISTER EPINEPHRINE. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following new subsection: ``(o) Preference for States That Allow Trained Individuals To Carry and Administer Epinephrine.-- ``(1) Preference.--The Secretary, in making grants under this section, shall give preference to any State that-- ``(A) permits a trained individual to administer epinephrine to any individual reasonably believed to be having an anaphylactic reaction; and ``(B) provides to the Secretary the certification described in paragraph (2). ``(2) Civil liability protection law.--The certification described in this paragraph is a certification made by the attorney general of the State that the State-- ``(A) has a civil liability protection law; ``(B) has reviewed such law to determine the application of such law with regard to a trained individual who may administer epinephrine to another individual reasonably believed to be having an anaphylactic reaction; and ``(C) has concluded that such law provides adequate civil liability protection applicable to such a trained individual. ``(3) Rule of construction.--Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `civil liability protection law' means a State law offering liability protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated. ``(B) The term `trained individual' means an individual-- ``(i) who has received training in the administration of epinephrine; and ``(ii) whose training in the administration of epinephrine meets appropriate medical standards and has been approved by the State.''. <all>

Dillon’s Law

To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health services, for States that allow trained individuals to carry and administer epinephrine, and for other purposes.

Dillon’s Law

Rep. Grothman, Glenn

R

WI

This bill requires the Department of Health and Human Services to give preference when awarding certain grants for preventive health service programs to states that allow trained individuals to administer epinephrine and provide civil liability protections related to that administration.

To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health services, for States that allow trained individuals to carry and administer epinephrine, 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 ``Dillon's Law''. SEC. 2. PREFERENCE FOR STATES THAT ALLOW TRAINED INDIVIDUALS TO CARRY AND ADMINISTER EPINEPHRINE. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following new subsection: ``(o) Preference for States That Allow Trained Individuals To Carry and Administer Epinephrine.-- ``(1) Preference.--The Secretary, in making grants under this section, shall give preference to any State that-- ``(A) permits a trained individual to administer epinephrine to any individual reasonably believed to be having an anaphylactic reaction; and ``(B) provides to the Secretary the certification described in paragraph (2). ``(2) Civil liability protection law.--The certification described in this paragraph is a certification made by the attorney general of the State that the State-- ``(A) has a civil liability protection law; ``(B) has reviewed such law to determine the application of such law with regard to a trained individual who may administer epinephrine to another individual reasonably believed to be having an anaphylactic reaction; and ``(C) has concluded that such law provides adequate civil liability protection applicable to such a trained individual. ``(3) Rule of construction.--Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `civil liability protection law' means a State law offering liability protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated. ``(B) The term `trained individual' means an individual-- ``(i) who has received training in the administration of epinephrine; and ``(ii) whose training in the administration of epinephrine meets appropriate medical standards and has been approved by the State.''. <all>

To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health services, for States that allow trained individuals to carry and administer epinephrine, 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 ``Dillon's Law''. SEC. 2. PREFERENCE FOR STATES THAT ALLOW TRAINED INDIVIDUALS TO CARRY AND ADMINISTER EPINEPHRINE. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following new subsection: ``(o) Preference for States That Allow Trained Individuals To Carry and Administer Epinephrine.-- ``(1) Preference.--The Secretary, in making grants under this section, shall give preference to any State that-- ``(A) permits a trained individual to administer epinephrine to any individual reasonably believed to be having an anaphylactic reaction; and ``(B) provides to the Secretary the certification described in paragraph (2). ``(2) Civil liability protection law.--The certification described in this paragraph is a certification made by the attorney general of the State that the State-- ``(A) has a civil liability protection law; ``(B) has reviewed such law to determine the application of such law with regard to a trained individual who may administer epinephrine to another individual reasonably believed to be having an anaphylactic reaction; and ``(C) has concluded that such law provides adequate civil liability protection applicable to such a trained individual. ``(3) Rule of construction.--Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `civil liability protection law' means a State law offering liability protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated. ``(B) The term `trained individual' means an individual-- ``(i) who has received training in the administration of epinephrine; and ``(ii) whose training in the administration of epinephrine meets appropriate medical standards and has been approved by the State.''. <all>

To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health services, for States that allow trained individuals to carry and administer epinephrine, 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 ``Dillon's Law''. SEC. 2. PREFERENCE FOR STATES THAT ALLOW TRAINED INDIVIDUALS TO CARRY AND ADMINISTER EPINEPHRINE. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following new subsection: ``(o) Preference for States That Allow Trained Individuals To Carry and Administer Epinephrine.-- ``(1) Preference.--The Secretary, in making grants under this section, shall give preference to any State that-- ``(A) permits a trained individual to administer epinephrine to any individual reasonably believed to be having an anaphylactic reaction; and ``(B) provides to the Secretary the certification described in paragraph (2). ``(2) Civil liability protection law.--The certification described in this paragraph is a certification made by the attorney general of the State that the State-- ``(A) has a civil liability protection law; ``(B) has reviewed such law to determine the application of such law with regard to a trained individual who may administer epinephrine to another individual reasonably believed to be having an anaphylactic reaction; and ``(C) has concluded that such law provides adequate civil liability protection applicable to such a trained individual. ``(3) Rule of construction.--Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `civil liability protection law' means a State law offering liability protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated. ``(B) The term `trained individual' means an individual-- ``(i) who has received training in the administration of epinephrine; and ``(ii) whose training in the administration of epinephrine meets appropriate medical standards and has been approved by the State.''. <all>

To amend the Public Health Service Act to give a preference, with respect to project grants for preventive health services, for States that allow trained individuals to carry and administer epinephrine, 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 ``Dillon's Law''. SEC. 2. PREFERENCE FOR STATES THAT ALLOW TRAINED INDIVIDUALS TO CARRY AND ADMINISTER EPINEPHRINE. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following new subsection: ``(o) Preference for States That Allow Trained Individuals To Carry and Administer Epinephrine.-- ``(1) Preference.--The Secretary, in making grants under this section, shall give preference to any State that-- ``(A) permits a trained individual to administer epinephrine to any individual reasonably believed to be having an anaphylactic reaction; and ``(B) provides to the Secretary the certification described in paragraph (2). ``(2) Civil liability protection law.--The certification described in this paragraph is a certification made by the attorney general of the State that the State-- ``(A) has a civil liability protection law; ``(B) has reviewed such law to determine the application of such law with regard to a trained individual who may administer epinephrine to another individual reasonably believed to be having an anaphylactic reaction; and ``(C) has concluded that such law provides adequate civil liability protection applicable to such a trained individual. ``(3) Rule of construction.--Nothing in this subsection creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `civil liability protection law' means a State law offering liability protection to individuals who give aid on a voluntary basis in an emergency to an individual who is ill, in peril, or otherwise incapacitated. ``(B) The term `trained individual' means an individual-- ``(i) who has received training in the administration of epinephrine; and ``(ii) whose training in the administration of epinephrine meets appropriate medical standards and has been approved by the State.''. <all>

H.R.8709

Immigration

Prioritizing the Removal of Migrants Act This bill directs the Department of Homeland Security to prioritize immigration enforcement actions relating to certain groups of non-U.S. nationals (aliens under federal law), including those who (1) were apprehended in the United States after entering unlawfully after November 1, 2020, (2) have been convicted or charged with any criminal offense,  (3) are deportable or removable on grounds related to crime or security, or (4) have abused any public benefits program.

To direct the Secretary of Homeland Security to prioritize the removal of certain aliens, 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 ``Prioritizing the Removal of Migrants Act''. SEC. 2. PRIORITIZING REMOVAL OF CERTAIN ALIENS. In executing faithfully the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), the Secretary of Homeland Security shall prioritize immigration enforcement actions with respect to the following aliens: (1) Aliens who are inadmissible under paragraph (2), (3), or (6)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2), (3), (6)(C)). (2) Aliens who are subject to expedited removal under section 235 of that Act (8 U.S.C. 1225). (3) Aliens who are deportable under paragraph (2) or (4) of section 237(a) of that Act (8 U.S.C. 1227(a)(2), (4)). (4) Aliens who are otherwise inadmissible under such section 212 or deportable under such section 237, and who-- (A) have been convicted of any criminal offense; (B) have been charged with any criminal offense, which charges are pending; (C) have committed acts that constitute a chargeable criminal offense (except an offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a))); (D) have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; (E) have abused any program related to receipt of public benefits; (F) are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or (G) in the judgment of an immigration officer, otherwise pose a risk to public safety or national security. (5) Aliens who are threats to border security, including aliens who-- (A) are apprehended while attempting to unlawfully enter the United States along a border of the United States (whether or not at a designated port of arrival); or (B) are apprehended in the United States after entering unlawfully after November 1, 2020. <all>

Prioritizing the Removal of Migrants Act

To direct the Secretary of Homeland Security to prioritize the removal of certain aliens, and for other purposes.

Prioritizing the Removal of Migrants Act

Rep. Nehls, Troy E.

R

TX

This bill directs the Department of Homeland Security to prioritize immigration enforcement actions relating to certain groups of non-U.S. nationals (aliens under federal law), including those who (1) were apprehended in the United States after entering unlawfully after November 1, 2020, (2) have been convicted or charged with any criminal offense, (3) are deportable or removable on grounds related to crime or security, or (4) have abused any public benefits program.

To direct the Secretary of Homeland Security to prioritize the removal of certain aliens, 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 ``Prioritizing the Removal of Migrants Act''. SEC. 2. PRIORITIZING REMOVAL OF CERTAIN ALIENS. In executing faithfully the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), the Secretary of Homeland Security shall prioritize immigration enforcement actions with respect to the following aliens: (1) Aliens who are inadmissible under paragraph (2), (3), or (6)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2), (3), (6)(C)). (2) Aliens who are subject to expedited removal under section 235 of that Act (8 U.S.C. 1225). (3) Aliens who are deportable under paragraph (2) or (4) of section 237(a) of that Act (8 U.S.C. 1227(a)(2), (4)). (4) Aliens who are otherwise inadmissible under such section 212 or deportable under such section 237, and who-- (A) have been convicted of any criminal offense; (B) have been charged with any criminal offense, which charges are pending; (C) have committed acts that constitute a chargeable criminal offense (except an offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a))); (D) have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; (E) have abused any program related to receipt of public benefits; (F) are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or (G) in the judgment of an immigration officer, otherwise pose a risk to public safety or national security. (5) Aliens who are threats to border security, including aliens who-- (A) are apprehended while attempting to unlawfully enter the United States along a border of the United States (whether or not at a designated port of arrival); or (B) are apprehended in the United States after entering unlawfully after November 1, 2020. <all>

To direct the Secretary of Homeland Security to prioritize the removal of certain aliens, 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 ``Prioritizing the Removal of Migrants Act''. SEC. 2. PRIORITIZING REMOVAL OF CERTAIN ALIENS. In executing faithfully the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), the Secretary of Homeland Security shall prioritize immigration enforcement actions with respect to the following aliens: (1) Aliens who are inadmissible under paragraph (2), (3), or (6)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2), (3), (6)(C)). (2) Aliens who are subject to expedited removal under section 235 of that Act (8 U.S.C. 1225). (3) Aliens who are deportable under paragraph (2) or (4) of section 237(a) of that Act (8 U.S.C. 1227(a)(2), (4)). (4) Aliens who are otherwise inadmissible under such section 212 or deportable under such section 237, and who-- (A) have been convicted of any criminal offense; (B) have been charged with any criminal offense, which charges are pending; (C) have committed acts that constitute a chargeable criminal offense (except an offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a))); (D) have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; (E) have abused any program related to receipt of public benefits; (F) are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or (G) in the judgment of an immigration officer, otherwise pose a risk to public safety or national security. (5) Aliens who are threats to border security, including aliens who-- (A) are apprehended while attempting to unlawfully enter the United States along a border of the United States (whether or not at a designated port of arrival); or (B) are apprehended in the United States after entering unlawfully after November 1, 2020. <all>

To direct the Secretary of Homeland Security to prioritize the removal of certain aliens, 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 ``Prioritizing the Removal of Migrants Act''. SEC. 2. PRIORITIZING REMOVAL OF CERTAIN ALIENS. In executing faithfully the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), the Secretary of Homeland Security shall prioritize immigration enforcement actions with respect to the following aliens: (1) Aliens who are inadmissible under paragraph (2), (3), or (6)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2), (3), (6)(C)). (2) Aliens who are subject to expedited removal under section 235 of that Act (8 U.S.C. 1225). (3) Aliens who are deportable under paragraph (2) or (4) of section 237(a) of that Act (8 U.S.C. 1227(a)(2), (4)). (4) Aliens who are otherwise inadmissible under such section 212 or deportable under such section 237, and who-- (A) have been convicted of any criminal offense; (B) have been charged with any criminal offense, which charges are pending; (C) have committed acts that constitute a chargeable criminal offense (except an offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a))); (D) have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; (E) have abused any program related to receipt of public benefits; (F) are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or (G) in the judgment of an immigration officer, otherwise pose a risk to public safety or national security. (5) Aliens who are threats to border security, including aliens who-- (A) are apprehended while attempting to unlawfully enter the United States along a border of the United States (whether or not at a designated port of arrival); or (B) are apprehended in the United States after entering unlawfully after November 1, 2020. <all>

To direct the Secretary of Homeland Security to prioritize the removal of certain aliens, 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 ``Prioritizing the Removal of Migrants Act''. SEC. 2. PRIORITIZING REMOVAL OF CERTAIN ALIENS. In executing faithfully the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)), the Secretary of Homeland Security shall prioritize immigration enforcement actions with respect to the following aliens: (1) Aliens who are inadmissible under paragraph (2), (3), or (6)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2), (3), (6)(C)). (2) Aliens who are subject to expedited removal under section 235 of that Act (8 U.S.C. 1225). (3) Aliens who are deportable under paragraph (2) or (4) of section 237(a) of that Act (8 U.S.C. 1227(a)(2), (4)). (4) Aliens who are otherwise inadmissible under such section 212 or deportable under such section 237, and who-- (A) have been convicted of any criminal offense; (B) have been charged with any criminal offense, which charges are pending; (C) have committed acts that constitute a chargeable criminal offense (except an offense under section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a))); (D) have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency; (E) have abused any program related to receipt of public benefits; (F) are subject to a final order of removal, but who have not complied with their legal obligation to depart the United States; or (G) in the judgment of an immigration officer, otherwise pose a risk to public safety or national security. (5) Aliens who are threats to border security, including aliens who-- (A) are apprehended while attempting to unlawfully enter the United States along a border of the United States (whether or not at a designated port of arrival); or (B) are apprehended in the United States after entering unlawfully after November 1, 2020. <all>

H.R.157

Social Welfare

Guam Supplemental Security Income Equality Act This bill extends the Supplemental Security Income (SSI) program to Guam. This is a federal program designed to help aged, blind, and disabled individuals with limited income and resources meet basic needs. When Congress created the SSI program in 1972, it excluded Puerto Rico, the Virgin Islands, and Guam. The Social Security Administration may waive or modify statutory requirements relating to the provision of benefits as necessary to adapt the program to Guam.

To extend the supplemental security income program to Guam. 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 ``Guam Supplemental Security Income Equality Act''. SEC. 2. EXTENSION OF THE SUPPLEMENTAL SECURITY INCOME PROGRAM TO GUAM. (a) In General.--Section 303(b) of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking ``, Guam,''. (b) Conforming Amendments.-- (1) Definition of state.--Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended in the 5th sentence by striking ``, the Virgin Islands, and Guam'' each place it appears and inserting ``and the Virgin Islands''. (2) Guam included in geographic meaning of united states.-- Section 1614(e) of such Act (42 U.S.C. 1382c(e)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and Guam''. (c) Waiver Authority.--The Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Guam, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of Guam. (d) Effective Date.--This section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act. <all>

Guam Supplemental Security Income Equality Act

To extend the supplemental security income program to Guam.

Guam Supplemental Security Income Equality Act

Del. San Nicolas, Michael F. Q.

D

GU

This bill extends the Supplemental Security Income (SSI) program to Guam. This is a federal program designed to help aged, blind, and disabled individuals with limited income and resources meet basic needs. When Congress created the SSI program in 1972, it excluded Puerto Rico, the Virgin Islands, and Guam. The Social Security Administration may waive or modify statutory requirements relating to the provision of benefits as necessary to adapt the program to Guam.

To extend the supplemental security income program to Guam. 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 ``Guam Supplemental Security Income Equality Act''. SEC. 2. EXTENSION OF THE SUPPLEMENTAL SECURITY INCOME PROGRAM TO GUAM. (a) In General.--Section 303(b) of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking ``, Guam,''. (b) Conforming Amendments.-- (1) Definition of state.--Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended in the 5th sentence by striking ``, the Virgin Islands, and Guam'' each place it appears and inserting ``and the Virgin Islands''. (2) Guam included in geographic meaning of united states.-- Section 1614(e) of such Act (42 U.S.C. 1382c(e)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and Guam''. (c) Waiver Authority.--The Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Guam, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of Guam. (d) Effective Date.--This section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act. <all>

To extend the supplemental security income program to Guam. 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 ``Guam Supplemental Security Income Equality Act''. SEC. 2. EXTENSION OF THE SUPPLEMENTAL SECURITY INCOME PROGRAM TO GUAM. (a) In General.--Section 303(b) of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking ``, Guam,''. (b) Conforming Amendments.-- (1) Definition of state.--Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended in the 5th sentence by striking ``, the Virgin Islands, and Guam'' each place it appears and inserting ``and the Virgin Islands''. (2) Guam included in geographic meaning of united states.-- Section 1614(e) of such Act (42 U.S.C. 1382c(e)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and Guam''. (c) Waiver Authority.--The Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Guam, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of Guam. (d) Effective Date.--This section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act. <all>

To extend the supplemental security income program to Guam. 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 ``Guam Supplemental Security Income Equality Act''. SEC. 2. EXTENSION OF THE SUPPLEMENTAL SECURITY INCOME PROGRAM TO GUAM. (a) In General.--Section 303(b) of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking ``, Guam,''. (b) Conforming Amendments.-- (1) Definition of state.--Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended in the 5th sentence by striking ``, the Virgin Islands, and Guam'' each place it appears and inserting ``and the Virgin Islands''. (2) Guam included in geographic meaning of united states.-- Section 1614(e) of such Act (42 U.S.C. 1382c(e)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and Guam''. (c) Waiver Authority.--The Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Guam, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of Guam. (d) Effective Date.--This section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act. <all>

To extend the supplemental security income program to Guam. 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 ``Guam Supplemental Security Income Equality Act''. SEC. 2. EXTENSION OF THE SUPPLEMENTAL SECURITY INCOME PROGRAM TO GUAM. (a) In General.--Section 303(b) of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking ``, Guam,''. (b) Conforming Amendments.-- (1) Definition of state.--Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended in the 5th sentence by striking ``, the Virgin Islands, and Guam'' each place it appears and inserting ``and the Virgin Islands''. (2) Guam included in geographic meaning of united states.-- Section 1614(e) of such Act (42 U.S.C. 1382c(e)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and Guam''. (c) Waiver Authority.--The Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Guam, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of Guam. (d) Effective Date.--This section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act. <all>

S.2141

Crime and Law Enforcement

Preventing Crimes Against Veterans Act of 2021 This bill establishes a new criminal offense for knowingly engaging in any scheme to defraud an individual of veterans' benefits, or in connection with obtaining veteran's benefits for an individual. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.

To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, 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 ``Preventing Crimes Against Veterans Act of 2021''. SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST VETERANS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Fraud regarding veterans' benefits ``(a) In General.--It shall be unlawful for any person to knowingly engage in any scheme or artifice to defraud-- ``(1) an individual of veterans' benefits; or ``(2) in connection with obtaining veteran's benefits for an individual. ``(b) Penalties.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(c) Definitions.--In this section-- ``(1) the term `veteran' has the meaning given that term in section 101 of title 38; and ``(2) the term `veterans' benefits' means any benefit provided under Federal law for a veteran or a dependent or survivor of a veteran.''. (b) Clerical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1041. Fraud regarding veterans' benefits.''. <all>

Preventing Crimes Against Veterans Act of 2021

A bill to amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes.

Preventing Crimes Against Veterans Act of 2021

Sen. Rubio, Marco

R

FL

This bill establishes a new criminal offense for knowingly engaging in any scheme to defraud an individual of veterans' benefits, or in connection with obtaining veteran's benefits for an individual. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.

To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, 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 ``Preventing Crimes Against Veterans Act of 2021''. SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST VETERANS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Fraud regarding veterans' benefits ``(a) In General.--It shall be unlawful for any person to knowingly engage in any scheme or artifice to defraud-- ``(1) an individual of veterans' benefits; or ``(2) in connection with obtaining veteran's benefits for an individual. ``(b) Penalties.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(c) Definitions.--In this section-- ``(1) the term `veteran' has the meaning given that term in section 101 of title 38; and ``(2) the term `veterans' benefits' means any benefit provided under Federal law for a veteran or a dependent or survivor of a veteran.''. (b) Clerical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1041. Fraud regarding veterans' benefits.''. <all>

To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, 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 ``Preventing Crimes Against Veterans Act of 2021''. SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST VETERANS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Fraud regarding veterans' benefits ``(a) In General.--It shall be unlawful for any person to knowingly engage in any scheme or artifice to defraud-- ``(1) an individual of veterans' benefits; or ``(2) in connection with obtaining veteran's benefits for an individual. ``(b) Penalties.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(c) Definitions.--In this section-- ``(1) the term `veteran' has the meaning given that term in section 101 of title 38; and ``(2) the term `veterans' benefits' means any benefit provided under Federal law for a veteran or a dependent or survivor of a veteran.''. (b) Clerical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1041. Fraud regarding veterans' benefits.''. <all>

To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, 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 ``Preventing Crimes Against Veterans Act of 2021''. SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST VETERANS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Fraud regarding veterans' benefits ``(a) In General.--It shall be unlawful for any person to knowingly engage in any scheme or artifice to defraud-- ``(1) an individual of veterans' benefits; or ``(2) in connection with obtaining veteran's benefits for an individual. ``(b) Penalties.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(c) Definitions.--In this section-- ``(1) the term `veteran' has the meaning given that term in section 101 of title 38; and ``(2) the term `veterans' benefits' means any benefit provided under Federal law for a veteran or a dependent or survivor of a veteran.''. (b) Clerical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1041. Fraud regarding veterans' benefits.''. <all>

To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, 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 ``Preventing Crimes Against Veterans Act of 2021''. SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST VETERANS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1041. Fraud regarding veterans' benefits ``(a) In General.--It shall be unlawful for any person to knowingly engage in any scheme or artifice to defraud-- ``(1) an individual of veterans' benefits; or ``(2) in connection with obtaining veteran's benefits for an individual. ``(b) Penalties.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 5 years, or both. ``(c) Definitions.--In this section-- ``(1) the term `veteran' has the meaning given that term in section 101 of title 38; and ``(2) the term `veterans' benefits' means any benefit provided under Federal law for a veteran or a dependent or survivor of a veteran.''. (b) Clerical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1041. Fraud regarding veterans' benefits.''. <all>

H.R.222

Government Operations and Politics

Election Day Holiday Act of 2021 This bill requires a federal election day to be treated as a holiday for federal employees.

To treat the Tuesday next after the first Monday in November in the same manner as any legal public holiday for purposes of Federal employment, 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 ``Election Day Holiday Act of 2021''. SEC. 2. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. SEC. 3. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE EMPLOYERS. It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. <all>

Election Day Holiday Act of 2021

To treat the Tuesday next after the first Monday in November in the same manner as any legal public holiday for purposes of Federal employment, and for other purposes.

Election Day Holiday Act of 2021

Rep. Eshoo, Anna G.

D

CA

This bill requires a federal election day to be treated as a holiday for federal employees.

To treat the Tuesday next after the first Monday in November in the same manner as any legal public holiday for purposes of Federal employment, 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 ``Election Day Holiday Act of 2021''. SEC. 2. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. SEC. 3. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE EMPLOYERS. It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. <all>

To treat the Tuesday next after the first Monday in November in the same manner as any legal public holiday for purposes of Federal employment, 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 ``Election Day Holiday Act of 2021''. SEC. 2. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. SEC. 3. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE EMPLOYERS. It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. <all>

To treat the Tuesday next after the first Monday in November in the same manner as any legal public holiday for purposes of Federal employment, 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 ``Election Day Holiday Act of 2021''. SEC. 2. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. SEC. 3. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE EMPLOYERS. It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. <all>

To treat the Tuesday next after the first Monday in November in the same manner as any legal public holiday for purposes of Federal employment, 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 ``Election Day Holiday Act of 2021''. SEC. 2. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. SEC. 3. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE EMPLOYERS. It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. <all>

H.R.2665

Science, Technology, Communications

Local Telecom Expansion Act of 2021 This bill requires the Federal Communications Commission to establish a program for awarding grants to states for the deployment of broadband service in underserved areas by small business broadband providers. A state that receives such a grant must use the funds to make subgrants to small business broadband providers that enable those providers to deploy broadband service in underserved areas in the state. This broadband service must have (1) a download speed of at least 25 megabits per second (Mbps); (2) an upload speed of at least 10 Mbps; and (3) latency that is sufficiently low to allow real-time, interactive applications.

To direct the Federal Communications Commission to establish a program to make grants to States for the deployment of broadband service in underserved areas by small business broadband providers, 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 ``Local Telecom Expansion Act of 2021''. SEC. 2. SMALL BUSINESS BROADBAND PROVIDER GRANT PROGRAM. (a) Establishment.--The Commission shall establish a program to make grants on a competitive basis to States for the deployment of broadband service in underserved areas by small business broadband providers. (b) Eligibility of States.--The Commission may only award a grant under this section to a State that-- (1) meets such eligibility criteria as the Commission may establish; and (2) submits an application at such time, in such form, and with such information and assurances as the Commission may require. (c) Subgrants to Small Business Broadband Providers.--A State that receives a grant under this section shall use the grant funds to make subgrants to small business broadband providers to enable such providers to deploy broadband service in underserved areas in the State. (d) Use of Subgrant Funds.--A small business broadband provider that receives a subgrant from a State under subsection (c) shall use the subgrant funds to deploy, in underserved areas in the State, broadband service with-- (1) a download speed of at least 25 megabits per second; (2) an upload speed of at least 10 megabits per second; and (3) latency that is sufficiently low to allow real-time, interactive applications. (e) Definitions.--In this section: (1) Broadband service.--The term ``broadband service'' means broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation)). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Small business broadband provider.--The term ``small business broadband provider'' means a provider of broadband service that is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)). (4) State.--The term ``State'' means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (5) Underserved area.--The term ``underserved area'' means an area in which only 1 provider of broadband service offers broadband service with-- (A) a download speed of at least 25 megabits per second and not more than 99 megabits per second; (B) an upload speed of at least 10 megabits per second; and (C) latency that is sufficiently low to allow real- time, interactive applications. <all>

Local Telecom Expansion Act of 2021

To direct the Federal Communications Commission to establish a program to make grants to States for the deployment of broadband service in underserved areas by small business broadband providers, and for other purposes.

Local Telecom Expansion Act of 2021

Rep. Van Drew, Jefferson

R

NJ

This bill requires the Federal Communications Commission to establish a program for awarding grants to states for the deployment of broadband service in underserved areas by small business broadband providers. A state that receives such a grant must use the funds to make subgrants to small business broadband providers that enable those providers to deploy broadband service in underserved areas in the state. This broadband service must have (1) a download speed of at least 25 megabits per second (Mbps); (2) an upload speed of at least 10 Mbps; and (3) latency that is sufficiently low to allow real-time, interactive applications.

To direct the Federal Communications Commission to establish a program to make grants to States for the deployment of broadband service in underserved areas by small business broadband providers, 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 ``Local Telecom Expansion Act of 2021''. SEC. 2. SMALL BUSINESS BROADBAND PROVIDER GRANT PROGRAM. (a) Establishment.--The Commission shall establish a program to make grants on a competitive basis to States for the deployment of broadband service in underserved areas by small business broadband providers. (b) Eligibility of States.--The Commission may only award a grant under this section to a State that-- (1) meets such eligibility criteria as the Commission may establish; and (2) submits an application at such time, in such form, and with such information and assurances as the Commission may require. (c) Subgrants to Small Business Broadband Providers.--A State that receives a grant under this section shall use the grant funds to make subgrants to small business broadband providers to enable such providers to deploy broadband service in underserved areas in the State. (d) Use of Subgrant Funds.--A small business broadband provider that receives a subgrant from a State under subsection (c) shall use the subgrant funds to deploy, in underserved areas in the State, broadband service with-- (1) a download speed of at least 25 megabits per second; (2) an upload speed of at least 10 megabits per second; and (3) latency that is sufficiently low to allow real-time, interactive applications. (e) Definitions.--In this section: (1) Broadband service.--The term ``broadband service'' means broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation)). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Small business broadband provider.--The term ``small business broadband provider'' means a provider of broadband service that is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)). (4) State.--The term ``State'' means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (5) Underserved area.--The term ``underserved area'' means an area in which only 1 provider of broadband service offers broadband service with-- (A) a download speed of at least 25 megabits per second and not more than 99 megabits per second; (B) an upload speed of at least 10 megabits per second; and (C) latency that is sufficiently low to allow real- time, interactive applications. <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 ``Local Telecom Expansion Act of 2021''. SEC. SMALL BUSINESS BROADBAND PROVIDER GRANT PROGRAM. (a) Establishment.--The Commission shall establish a program to make grants on a competitive basis to States for the deployment of broadband service in underserved areas by small business broadband providers. (b) Eligibility of States.--The Commission may only award a grant under this section to a State that-- (1) meets such eligibility criteria as the Commission may establish; and (2) submits an application at such time, in such form, and with such information and assurances as the Commission may require. (c) Subgrants to Small Business Broadband Providers.--A State that receives a grant under this section shall use the grant funds to make subgrants to small business broadband providers to enable such providers to deploy broadband service in underserved areas in the State. (e) Definitions.--In this section: (1) Broadband service.--The term ``broadband service'' means broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation)). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Small business broadband provider.--The term ``small business broadband provider'' means a provider of broadband service that is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)). (4) State.--The term ``State'' means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (5) Underserved area.--The term ``underserved area'' means an area in which only 1 provider of broadband service offers broadband service with-- (A) a download speed of at least 25 megabits per second and not more than 99 megabits per second; (B) an upload speed of at least 10 megabits per second; and (C) latency that is sufficiently low to allow real- time, interactive applications.

To direct the Federal Communications Commission to establish a program to make grants to States for the deployment of broadband service in underserved areas by small business broadband providers, 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 ``Local Telecom Expansion Act of 2021''. SEC. 2. SMALL BUSINESS BROADBAND PROVIDER GRANT PROGRAM. (a) Establishment.--The Commission shall establish a program to make grants on a competitive basis to States for the deployment of broadband service in underserved areas by small business broadband providers. (b) Eligibility of States.--The Commission may only award a grant under this section to a State that-- (1) meets such eligibility criteria as the Commission may establish; and (2) submits an application at such time, in such form, and with such information and assurances as the Commission may require. (c) Subgrants to Small Business Broadband Providers.--A State that receives a grant under this section shall use the grant funds to make subgrants to small business broadband providers to enable such providers to deploy broadband service in underserved areas in the State. (d) Use of Subgrant Funds.--A small business broadband provider that receives a subgrant from a State under subsection (c) shall use the subgrant funds to deploy, in underserved areas in the State, broadband service with-- (1) a download speed of at least 25 megabits per second; (2) an upload speed of at least 10 megabits per second; and (3) latency that is sufficiently low to allow real-time, interactive applications. (e) Definitions.--In this section: (1) Broadband service.--The term ``broadband service'' means broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation)). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Small business broadband provider.--The term ``small business broadband provider'' means a provider of broadband service that is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)). (4) State.--The term ``State'' means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (5) Underserved area.--The term ``underserved area'' means an area in which only 1 provider of broadband service offers broadband service with-- (A) a download speed of at least 25 megabits per second and not more than 99 megabits per second; (B) an upload speed of at least 10 megabits per second; and (C) latency that is sufficiently low to allow real- time, interactive applications. <all>

To direct the Federal Communications Commission to establish a program to make grants to States for the deployment of broadband service in underserved areas by small business broadband providers, 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 ``Local Telecom Expansion Act of 2021''. SEC. 2. SMALL BUSINESS BROADBAND PROVIDER GRANT PROGRAM. (a) Establishment.--The Commission shall establish a program to make grants on a competitive basis to States for the deployment of broadband service in underserved areas by small business broadband providers. (b) Eligibility of States.--The Commission may only award a grant under this section to a State that-- (1) meets such eligibility criteria as the Commission may establish; and (2) submits an application at such time, in such form, and with such information and assurances as the Commission may require. (c) Subgrants to Small Business Broadband Providers.--A State that receives a grant under this section shall use the grant funds to make subgrants to small business broadband providers to enable such providers to deploy broadband service in underserved areas in the State. (d) Use of Subgrant Funds.--A small business broadband provider that receives a subgrant from a State under subsection (c) shall use the subgrant funds to deploy, in underserved areas in the State, broadband service with-- (1) a download speed of at least 25 megabits per second; (2) an upload speed of at least 10 megabits per second; and (3) latency that is sufficiently low to allow real-time, interactive applications. (e) Definitions.--In this section: (1) Broadband service.--The term ``broadband service'' means broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation)). (2) Commission.--The term ``Commission'' means the Federal Communications Commission. (3) Small business broadband provider.--The term ``small business broadband provider'' means a provider of broadband service that is a small business concern (as defined under section 3 of the Small Business Act (15 U.S.C. 632)). (4) State.--The term ``State'' means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (5) Underserved area.--The term ``underserved area'' means an area in which only 1 provider of broadband service offers broadband service with-- (A) a download speed of at least 25 megabits per second and not more than 99 megabits per second; (B) an upload speed of at least 10 megabits per second; and (C) latency that is sufficiently low to allow real- time, interactive applications. <all>

S.3035

Government Operations and Politics

Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021 or the GOOD AI Act of 2021 This bill directs the Office of Management and Budget to (1) incorporate specified considerations and principles, and the input of specified individuals and entities, in developing an update of guidance for federal agency use of artificial intelligence; and (2) establish an Artificial Intelligence Hygiene Working Group.

To establish the Artificial Intelligence Hygiene Working Group, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021'' or the ``GOOD AI Act of 2021''.</DELETED> <DELETED>SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN GOVERNMENT.</DELETED> <DELETED> (a) Definitions.--In this Act:</DELETED> <DELETED> (1) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code.</DELETED> <DELETED> (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means--</DELETED> <DELETED> (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and</DELETED> <DELETED> (B) the Committee on Oversight and Reform of the House of Representatives.</DELETED> <DELETED> (3) Artificial intelligence.--The term ``artificial intelligence'' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note).</DELETED> <DELETED> (4) Artificial intelligence system.--The term ``artificial intelligence system''--</DELETED> <DELETED> (A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including a data system, software, application, tool, or utility--</DELETED> <DELETED> (i) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and</DELETED> <DELETED> (ii) for which the artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and</DELETED> <DELETED> (B) does not include any common or commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.</DELETED> <DELETED> (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget.</DELETED> <DELETED> (b) Guidance for Agency Use of Artificial Intelligence.-- </DELETED> <DELETED> (1) In general.--In developing an update under section 104(d) of the AI in Government Act of 2020 (40 U.S.C. 11301 note) to the memorandum issued under subsection (a) of that section, the Director shall consider--</DELETED> <DELETED> (A) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled ``Key Considerations for Responsible Development and Fielding of AI'', as updated in April 2021;</DELETED> <DELETED> (B) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in the Federal Government); and</DELETED> <DELETED> (C) the input of--</DELETED> <DELETED> (i) the Privacy and Civil Liberties Oversight Board;</DELETED> <DELETED> (ii) relevant interagency councils, such as the Federal Privacy Council, the Chief Information Officers Council, and the Chief Data Officers Council;</DELETED> <DELETED> (iii) other governmental and nongovernmental privacy, civil rights, and civil liberties experts; and</DELETED> <DELETED> (iv) any other individual or entity the Director determines appropriate.</DELETED> <DELETED> (2) Sunset.--This subsection shall cease to have force or effect on the date that is 4 years after the date of enactment of this Act.</DELETED> <DELETED> (c) Artificial Intelligence Hygiene and Protection of Government Information, Privacy, Civil Rights, and Civil Liberties.-- </DELETED> <DELETED> (1) Establishment.--Not later than 45 days after the date of enactment of this Act, the Director shall establish a working group to be known as the ``Artificial Intelligence Hygiene Working Group''.</DELETED> <DELETED> (2) Membership.--The Director shall appoint members to the Artificial Intelligence Hygiene Working Group from among members of appropriate interagency councils.</DELETED> <DELETED> (3) Implementation.--Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Artificial Intelligence Hygiene Working Group, shall implement a means by which to--</DELETED> <DELETED> (A) ensure that contracts for the acquisition of artificial intelligence and artificial intelligence systems--</DELETED> <DELETED> (i) align with the memorandum issued, and periodically updated, by the Director under subsections (a) and (d), respectively, of section 104 of the AI in Government Act of 2020 (40 U.S.C. 11301 note);</DELETED> <DELETED> (ii) address the protection of privacy, civil rights, and civil liberties;</DELETED> <DELETED> (iii) address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and</DELETED> <DELETED> (iv) include requirements for securing the training data, algorithms, and other components of any artificial intelligence system against--</DELETED> <DELETED> (I) misuse;</DELETED> <DELETED> (II) unauthorized alteration;</DELETED> <DELETED> (III) degradation; or</DELETED> <DELETED> (IV) being rendered inoperable; and</DELETED> <DELETED> (B) address any other issue or concern the Director determines relevant to ensure--</DELETED> <DELETED> (i) the appropriate use of artificial intelligence and artificial intelligence systems; and</DELETED> <DELETED> (ii) the protection of privacy, Federal Government data, and other information of the Federal Government.</DELETED> <DELETED> (4) Updates.--On a continuous basis, not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Director shall update the means implemented under paragraph (3).</DELETED> <DELETED> (5) Briefing.--Not later than 90 days after the date of enactment of this Act, quarterly thereafter until the date on which the Director implements the means required under paragraph (3), and annually thereafter, the Director shall brief the appropriate congressional committees on the implementation of this subsection.</DELETED> <DELETED> (6) Sunset.--This subsection shall cease to have force or effect on the date that is 10 years after the date of enactment of this Act.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021'' or the ``GOOD AI Act of 2021''. SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN GOVERNMENT. (a) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (3) Artificial intelligence.--The term ``artificial intelligence'' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note). (4) Artificial intelligence system.--The term ``artificial intelligence system''-- (A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including a data system, software, application, tool, or utility-- (i) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (ii) for which the artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and (B) does not include any common or commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system. (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (b) Guidance for Agency Use of Artificial Intelligence.-- (1) In general.--In developing an update under section 104(d) of the AI in Government Act of 2020 (40 U.S.C. 11301 note) to the memorandum issued under subsection (a) of that section, the Director shall consider-- (A) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled ``Key Considerations for Responsible Development and Fielding of AI'', as updated in April 2021; (B) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in the Federal Government); and (C) the input of-- (i) the Privacy and Civil Liberties Oversight Board; (ii) relevant interagency councils, such as the Federal Privacy Council, the Chief Information Officers Council, and the Chief Data Officers Council; (iii) other governmental and nongovernmental privacy, civil rights, and civil liberties experts; and (iv) any other individual or entity the Director determines appropriate. (2) Sunset.--This subsection shall cease to have force or effect on the date that is 4 years after the date of enactment of this Act. (c) Artificial Intelligence Hygiene and Protection of Government Information, Privacy, Civil Rights, and Civil Liberties.-- (1) Establishment.--Not later than 45 days after the date of enactment of this Act, the Director shall establish a working group to be known as the ``Artificial Intelligence Hygiene Working Group''. (2) Membership.--The Director shall appoint members to the Artificial Intelligence Hygiene Working Group from among members of appropriate interagency councils. (3) Implementation.--Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Artificial Intelligence Hygiene Working Group, shall implement a means by which to-- (A) ensure that contracts for the acquisition of artificial intelligence and artificial intelligence systems-- (i) align with the memorandum issued, and periodically updated, by the Director under subsections (a) and (d), respectively, of section 104 of the AI in Government Act of 2020 (40 U.S.C. 11301 note); (ii) address the protection of privacy, civil rights, and civil liberties; (iii) address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and (iv) address requirements for securing the training data, algorithms, and other components of any artificial intelligence system against-- (I) misuse; (II) unauthorized alteration; (III) degradation; or (IV) being rendered inoperable; and (B) address any other issue or concern the Director determines relevant to ensure-- (i) the appropriate use of artificial intelligence and artificial intelligence systems; and (ii) the protection of privacy, Federal Government data, and other information of the Federal Government. (4) Approaches.--In carrying out paragraph (3), the Director may use 1 or more approach and tailor requirements based on risk or any other factor determined relevant by the Director and the Artificial Intelligence Hygiene Working Group. (5) Updates.--On a continuous basis, not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Director shall update the means implemented under paragraph (3). (6) Briefing.--Not later than 90 days after the date of enactment of this Act, quarterly thereafter until the date on which the Director implements the means required under paragraph (3), and annually thereafter, the Director shall brief the appropriate congressional committees on the implementation of this subsection. (7) Sunset.--This subsection shall cease to have force or effect on the date that is 10 years after the date of enactment of this Act. Calendar No. 283 117th CONGRESS 2d Session S. 3035 [Report No. 117-82] _______________________________________________________________________

GOOD AI Act of 2021

A bill to establish the Artificial Intelligence Hygiene Working Group, and for other purposes.

GOOD AI Act of 2021 Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021 GOOD AI Act of 2021 Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021

Sen. Peters, Gary C.

D

MI

This bill directs the Office of Management and Budget to (1) incorporate specified considerations and principles, and the input of specified individuals and entities, in developing an update of guidance for federal agency use of artificial intelligence; and (2) establish an Artificial Intelligence Hygiene Working Group.

To establish the Artificial Intelligence Hygiene Working Group, and for other purposes. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021'' or the ``GOOD AI Act of 2021''.</DELETED> <DELETED>SEC. 2. (a) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. 2358 note). (4) Artificial intelligence system.--The term ``artificial intelligence system''-- (A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including a data system, software, application, tool, or utility-- (i) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (ii) for which the artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and (B) does not include any common or commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system. (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 11301 note) to the memorandum issued under subsection (a) of that section, the Director shall consider-- (A) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled ``Key Considerations for Responsible Development and Fielding of AI'', as updated in April 2021; (B) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in the Federal Government); and (C) the input of-- (i) the Privacy and Civil Liberties Oversight Board; (ii) relevant interagency councils, such as the Federal Privacy Council, the Chief Information Officers Council, and the Chief Data Officers Council; (iii) other governmental and nongovernmental privacy, civil rights, and civil liberties experts; and (iv) any other individual or entity the Director determines appropriate. (2) Sunset.--This subsection shall cease to have force or effect on the date that is 4 years after the date of enactment of this Act. (5) Updates.--On a continuous basis, not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Director shall update the means implemented under paragraph (3).

To establish the Artificial Intelligence Hygiene Working Group, and for other purposes. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021'' or the ``GOOD AI Act of 2021''.</DELETED> <DELETED>SEC. 2. (a) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. 2358 note). (4) Artificial intelligence system.--The term ``artificial intelligence system''-- (A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including a data system, software, application, tool, or utility-- (i) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (ii) for which the artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and (B) does not include any common or commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system. (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in the Federal Government); and (C) the input of-- (i) the Privacy and Civil Liberties Oversight Board; (ii) relevant interagency councils, such as the Federal Privacy Council, the Chief Information Officers Council, and the Chief Data Officers Council; (iii) other governmental and nongovernmental privacy, civil rights, and civil liberties experts; and (iv) any other individual or entity the Director determines appropriate. (2) Sunset.--This subsection shall cease to have force or effect on the date that is 4 years after the date of enactment of this Act. (5) Updates.--On a continuous basis, not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Director shall update the means implemented under paragraph (3).

To establish the Artificial Intelligence Hygiene Working Group, and for other purposes. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021'' or the ``GOOD AI Act of 2021''.</DELETED> <DELETED>SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN GOVERNMENT. (a) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (3) Artificial intelligence.--The term ``artificial intelligence'' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note). (4) Artificial intelligence system.--The term ``artificial intelligence system''-- (A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including a data system, software, application, tool, or utility-- (i) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (ii) for which the artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and (B) does not include any common or commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system. (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (b) Guidance for Agency Use of Artificial Intelligence.-- (1) In general.--In developing an update under section 104(d) of the AI in Government Act of 2020 (40 U.S.C. 11301 note) to the memorandum issued under subsection (a) of that section, the Director shall consider-- (A) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled ``Key Considerations for Responsible Development and Fielding of AI'', as updated in April 2021; (B) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in the Federal Government); and (C) the input of-- (i) the Privacy and Civil Liberties Oversight Board; (ii) relevant interagency councils, such as the Federal Privacy Council, the Chief Information Officers Council, and the Chief Data Officers Council; (iii) other governmental and nongovernmental privacy, civil rights, and civil liberties experts; and (iv) any other individual or entity the Director determines appropriate. (2) Sunset.--This subsection shall cease to have force or effect on the date that is 4 years after the date of enactment of this Act. (2) Membership.--The Director shall appoint members to the Artificial Intelligence Hygiene Working Group from among members of appropriate interagency councils. 11301 note); (ii) address the protection of privacy, civil rights, and civil liberties; (iii) address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and (iv) address requirements for securing the training data, algorithms, and other components of any artificial intelligence system against-- (I) misuse; (II) unauthorized alteration; (III) degradation; or (IV) being rendered inoperable; and (B) address any other issue or concern the Director determines relevant to ensure-- (i) the appropriate use of artificial intelligence and artificial intelligence systems; and (ii) the protection of privacy, Federal Government data, and other information of the Federal Government. (4) Approaches.--In carrying out paragraph (3), the Director may use 1 or more approach and tailor requirements based on risk or any other factor determined relevant by the Director and the Artificial Intelligence Hygiene Working Group. (5) Updates.--On a continuous basis, not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Director shall update the means implemented under paragraph (3). (6) Briefing.--Not later than 90 days after the date of enactment of this Act, quarterly thereafter until the date on which the Director implements the means required under paragraph (3), and annually thereafter, the Director shall brief the appropriate congressional committees on the implementation of this subsection. Calendar No. 283 117th CONGRESS 2d Session S. 3035 [Report No. 117-82] _______________________________________________________________________

To establish the Artificial Intelligence Hygiene Working Group, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Government Ownership and Oversight of Data in Artificial Intelligence Act of 2021'' or the ``GOOD AI Act of 2021''.</DELETED> <DELETED>SEC. 11301 note) to the memorandum issued under subsection (a) of that section, the Director shall consider--</DELETED> <DELETED> (A) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled ``Key Considerations for Responsible Development and Fielding of AI'', as updated in April 2021;</DELETED> <DELETED> (B) the principles articulated in Executive Order 13960 (85 Fed. SHORT TITLE. SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN GOVERNMENT. (a) Definitions.--In this Act: (1) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (3) Artificial intelligence.--The term ``artificial intelligence'' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note). (4) Artificial intelligence system.--The term ``artificial intelligence system''-- (A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, including a data system, software, application, tool, or utility-- (i) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (ii) for which the artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and (B) does not include any common or commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system. (5) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (b) Guidance for Agency Use of Artificial Intelligence.-- (1) In general.--In developing an update under section 104(d) of the AI in Government Act of 2020 (40 U.S.C. 11301 note) to the memorandum issued under subsection (a) of that section, the Director shall consider-- (A) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled ``Key Considerations for Responsible Development and Fielding of AI'', as updated in April 2021; (B) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in the Federal Government); and (C) the input of-- (i) the Privacy and Civil Liberties Oversight Board; (ii) relevant interagency councils, such as the Federal Privacy Council, the Chief Information Officers Council, and the Chief Data Officers Council; (iii) other governmental and nongovernmental privacy, civil rights, and civil liberties experts; and (iv) any other individual or entity the Director determines appropriate. (2) Sunset.--This subsection shall cease to have force or effect on the date that is 4 years after the date of enactment of this Act. (c) Artificial Intelligence Hygiene and Protection of Government Information, Privacy, Civil Rights, and Civil Liberties.-- (1) Establishment.--Not later than 45 days after the date of enactment of this Act, the Director shall establish a working group to be known as the ``Artificial Intelligence Hygiene Working Group''. (2) Membership.--The Director shall appoint members to the Artificial Intelligence Hygiene Working Group from among members of appropriate interagency councils. (3) Implementation.--Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Artificial Intelligence Hygiene Working Group, shall implement a means by which to-- (A) ensure that contracts for the acquisition of artificial intelligence and artificial intelligence systems-- (i) align with the memorandum issued, and periodically updated, by the Director under subsections (a) and (d), respectively, of section 104 of the AI in Government Act of 2020 (40 U.S.C. 11301 note); (ii) address the protection of privacy, civil rights, and civil liberties; (iii) address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and (iv) address requirements for securing the training data, algorithms, and other components of any artificial intelligence system against-- (I) misuse; (II) unauthorized alteration; (III) degradation; or (IV) being rendered inoperable; and (B) address any other issue or concern the Director determines relevant to ensure-- (i) the appropriate use of artificial intelligence and artificial intelligence systems; and (ii) the protection of privacy, Federal Government data, and other information of the Federal Government. (4) Approaches.--In carrying out paragraph (3), the Director may use 1 or more approach and tailor requirements based on risk or any other factor determined relevant by the Director and the Artificial Intelligence Hygiene Working Group. (5) Updates.--On a continuous basis, not later than 2 years after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Director shall update the means implemented under paragraph (3). (6) Briefing.--Not later than 90 days after the date of enactment of this Act, quarterly thereafter until the date on which the Director implements the means required under paragraph (3), and annually thereafter, the Director shall brief the appropriate congressional committees on the implementation of this subsection. (7) Sunset.--This subsection shall cease to have force or effect on the date that is 10 years after the date of enactment of this Act. Calendar No. 283 117th CONGRESS 2d Session S. 3035 [Report No. 117-82] _______________________________________________________________________

S.4368

Science, Technology, Communications

American Technology Leadership Act of 2022 This bill establishes an Office of Global Competition Analysis. The purposes of the office are to To carry out the purposes, the office shall enter into an agreement with a public-private or a federally funded research and development center, a university affiliated research center, or consortium of such centers. Periodically, the Office of Science and Technology Policy (OSTP), the National Economic Council, and the National Security Council, in coordination with other executive agencies, shall jointly determine the analytical priorities of the office.

To establish the Office of Global Competition Analysis, 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 ``American Technology Leadership Act of 2022''. SEC. 2. OFFICE OF GLOBAL COMPETITION ANALYSIS. (a) Definitions.--In this section: (1) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code. (2) Office.--The term ``Office'' means the Office of Global Competition Analysis established under subsection (b). (b) Establishment.-- (1) In general.--The President shall establish an office on analysis of global competition. (2) Purposes.--The purposes of the Office are as follows: (A) To carry out a program of analysis on United States leadership in technology and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (B) To support policy development and decisionmaking to ensure United States leadership in technology and innovation sectors critical to national security and economic prosperity. (3) Designation.--The Office shall be known as the ``Office of Global Competition Analysis''. (c) Activities.--In accordance with the priorities determined under subsection (d), the Office shall-- (1) acquire and prepare data relating to the purposes of the Office under subsection (b), including data relating to critical technologies, innovation, and production capacity in the United States and other countries, consistent with applicable provisions of law; (2) conduct long- and short-term analysis regarding-- (A) United States policies that enable technological competitiveness relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (B) United States science and technology ecosystem elements relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (C) United States competitiveness in technology and innovation sectors critical to national security and economic prosperity relative to other countries, including the availability of United States technology in such sectors abroad, particularly with respect to countries that are strategic competitors of the United States; (D) trends and trajectories, including rate of change in technologies, related to technology and innovation sectors critical to national security and economic prosperity; (E) threats to United States national security interests as a result of any foreign country's dependence on technologies of strategic competitors of the United States; and (F) threats to United States interests based on dependencies on foreign technologies critical to national security and economic prosperity; and (3) engage with private sector entities on matters relating to analysis under paragraph (2). (d) Determination of Priorities.--On a periodic basis, the Director of the Office of Science and Technology Policy, the National Economic Council, and the National Security Council, in coordination with such heads of such Executive agencies as the Director and the Councils jointly consider appropriate, shall jointly determine the priorities of the Office with respect to subsection (b)(2)(A). (e) Administration.--To carry out the purposes set forth under subsection (b)(2), the Office shall enter into an agreement with a public-private or a federally funded research and development center, a university affiliated research center, or consortium of federally funded research and development centers, and university affiliated research centers. (f) Access to, Use, and Handling of Information.-- (1) Federal information.--In carrying out the activities under subsection (c), the Office shall have access to all information, data, or reports of any Executive agency that the Office determines necessary to carry out this section-- (A) upon written request; (B) subject to limitations under applicable provisions of law; and (C) consistent with the protection of sources and methods, law enforcement strictures, protection of proprietary information of businesses, and protection of personally identifiable information. (2) Commercial information.--The Office may obtain commercially available information that may not be publicly available. (3) Use of information.--The Office may use information obtained under this subsection for purposes set forth under subsection (b)(2). (4) Handling of information.--The Office shall handle information obtained under this subsection subject to all restrictions required by the source of the information. (g) Additional Support.--A head of an Executive agency may provide to the Office such support, in the form of financial assistance and personnel, as the head considers appropriate to assist the Office in carrying out any activity under subsection (c), consistent with the priorities determined under subsection (d). (h) Annual Report.--Not less frequently than once each year, the Office shall submit to Congress a report on the activities of the Office under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2023. <all>

American Technology Leadership Act of 2022

A bill to establish the Office of Global Competition Analysis, and for other purposes.

American Technology Leadership Act of 2022

Sen. Bennet, Michael F.

D

CO

This bill establishes an Office of Global Competition Analysis. The purposes of the office are to To carry out the purposes, the office shall enter into an agreement with a public-private or a federally funded research and development center, a university affiliated research center, or consortium of such centers. Periodically, the Office of Science and Technology Policy (OSTP), the National Economic Council, and the National Security Council, in coordination with other executive agencies, shall jointly determine the analytical priorities of the office.

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 ``American Technology Leadership Act of 2022''. SEC. 2. OFFICE OF GLOBAL COMPETITION ANALYSIS. (a) Definitions.--In this section: (1) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code. (b) Establishment.-- (1) In general.--The President shall establish an office on analysis of global competition. (2) Purposes.--The purposes of the Office are as follows: (A) To carry out a program of analysis on United States leadership in technology and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (d) Determination of Priorities.--On a periodic basis, the Director of the Office of Science and Technology Policy, the National Economic Council, and the National Security Council, in coordination with such heads of such Executive agencies as the Director and the Councils jointly consider appropriate, shall jointly determine the priorities of the Office with respect to subsection (b)(2)(A). (e) Administration.--To carry out the purposes set forth under subsection (b)(2), the Office shall enter into an agreement with a public-private or a federally funded research and development center, a university affiliated research center, or consortium of federally funded research and development centers, and university affiliated research centers. (f) Access to, Use, and Handling of Information.-- (1) Federal information.--In carrying out the activities under subsection (c), the Office shall have access to all information, data, or reports of any Executive agency that the Office determines necessary to carry out this section-- (A) upon written request; (B) subject to limitations under applicable provisions of law; and (C) consistent with the protection of sources and methods, law enforcement strictures, protection of proprietary information of businesses, and protection of personally identifiable information. (2) Commercial information.--The Office may obtain commercially available information that may not be publicly available. (3) Use of information.--The Office may use information obtained under this subsection for purposes set forth under subsection (b)(2). (g) Additional Support.--A head of an Executive agency may provide to the Office such support, in the form of financial assistance and personnel, as the head considers appropriate to assist the Office in carrying out any activity under subsection (c), consistent with the priorities determined under subsection (d). (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2023.

SHORT TITLE. SEC. 2. OFFICE OF GLOBAL COMPETITION ANALYSIS. (a) Definitions.--In this section: (1) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code. (2) Purposes.--The purposes of the Office are as follows: (A) To carry out a program of analysis on United States leadership in technology and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (d) Determination of Priorities.--On a periodic basis, the Director of the Office of Science and Technology Policy, the National Economic Council, and the National Security Council, in coordination with such heads of such Executive agencies as the Director and the Councils jointly consider appropriate, shall jointly determine the priorities of the Office with respect to subsection (b)(2)(A). (e) Administration.--To carry out the purposes set forth under subsection (b)(2), the Office shall enter into an agreement with a public-private or a federally funded research and development center, a university affiliated research center, or consortium of federally funded research and development centers, and university affiliated research centers. (f) Access to, Use, and Handling of Information.-- (1) Federal information.--In carrying out the activities under subsection (c), the Office shall have access to all information, data, or reports of any Executive agency that the Office determines necessary to carry out this section-- (A) upon written request; (B) subject to limitations under applicable provisions of law; and (C) consistent with the protection of sources and methods, law enforcement strictures, protection of proprietary information of businesses, and protection of personally identifiable information. (3) Use of information.--The Office may use information obtained under this subsection for purposes set forth under subsection (b)(2). (g) Additional Support.--A head of an Executive agency may provide to the Office such support, in the form of financial assistance and personnel, as the head considers appropriate to assist the Office in carrying out any activity under subsection (c), consistent with the priorities determined under subsection (d). (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2023.

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 ``American Technology Leadership Act of 2022''. SEC. 2. OFFICE OF GLOBAL COMPETITION ANALYSIS. (a) Definitions.--In this section: (1) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code. (b) Establishment.-- (1) In general.--The President shall establish an office on analysis of global competition. (2) Purposes.--The purposes of the Office are as follows: (A) To carry out a program of analysis on United States leadership in technology and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (3) Designation.--The Office shall be known as the ``Office of Global Competition Analysis''. (c) Activities.--In accordance with the priorities determined under subsection (d), the Office shall-- (1) acquire and prepare data relating to the purposes of the Office under subsection (b), including data relating to critical technologies, innovation, and production capacity in the United States and other countries, consistent with applicable provisions of law; (2) conduct long- and short-term analysis regarding-- (A) United States policies that enable technological competitiveness relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (B) United States science and technology ecosystem elements relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (C) United States competitiveness in technology and innovation sectors critical to national security and economic prosperity relative to other countries, including the availability of United States technology in such sectors abroad, particularly with respect to countries that are strategic competitors of the United States; (D) trends and trajectories, including rate of change in technologies, related to technology and innovation sectors critical to national security and economic prosperity; (E) threats to United States national security interests as a result of any foreign country's dependence on technologies of strategic competitors of the United States; and (F) threats to United States interests based on dependencies on foreign technologies critical to national security and economic prosperity; and (3) engage with private sector entities on matters relating to analysis under paragraph (2). (d) Determination of Priorities.--On a periodic basis, the Director of the Office of Science and Technology Policy, the National Economic Council, and the National Security Council, in coordination with such heads of such Executive agencies as the Director and the Councils jointly consider appropriate, shall jointly determine the priorities of the Office with respect to subsection (b)(2)(A). (e) Administration.--To carry out the purposes set forth under subsection (b)(2), the Office shall enter into an agreement with a public-private or a federally funded research and development center, a university affiliated research center, or consortium of federally funded research and development centers, and university affiliated research centers. (f) Access to, Use, and Handling of Information.-- (1) Federal information.--In carrying out the activities under subsection (c), the Office shall have access to all information, data, or reports of any Executive agency that the Office determines necessary to carry out this section-- (A) upon written request; (B) subject to limitations under applicable provisions of law; and (C) consistent with the protection of sources and methods, law enforcement strictures, protection of proprietary information of businesses, and protection of personally identifiable information. (2) Commercial information.--The Office may obtain commercially available information that may not be publicly available. (3) Use of information.--The Office may use information obtained under this subsection for purposes set forth under subsection (b)(2). (4) Handling of information.--The Office shall handle information obtained under this subsection subject to all restrictions required by the source of the information. (g) Additional Support.--A head of an Executive agency may provide to the Office such support, in the form of financial assistance and personnel, as the head considers appropriate to assist the Office in carrying out any activity under subsection (c), consistent with the priorities determined under subsection (d). (h) Annual Report.--Not less frequently than once each year, the Office shall submit to Congress a report on the activities of the Office under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2023.

To establish the Office of Global Competition Analysis, 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 ``American Technology Leadership Act of 2022''. SEC. 2. OFFICE OF GLOBAL COMPETITION ANALYSIS. (a) Definitions.--In this section: (1) Executive agency.--The term ``Executive agency'' has the meaning given such term in section 105 of title 5, United States Code. (2) Office.--The term ``Office'' means the Office of Global Competition Analysis established under subsection (b). (b) Establishment.-- (1) In general.--The President shall establish an office on analysis of global competition. (2) Purposes.--The purposes of the Office are as follows: (A) To carry out a program of analysis on United States leadership in technology and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (B) To support policy development and decisionmaking to ensure United States leadership in technology and innovation sectors critical to national security and economic prosperity. (3) Designation.--The Office shall be known as the ``Office of Global Competition Analysis''. (c) Activities.--In accordance with the priorities determined under subsection (d), the Office shall-- (1) acquire and prepare data relating to the purposes of the Office under subsection (b), including data relating to critical technologies, innovation, and production capacity in the United States and other countries, consistent with applicable provisions of law; (2) conduct long- and short-term analysis regarding-- (A) United States policies that enable technological competitiveness relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (B) United States science and technology ecosystem elements relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (C) United States competitiveness in technology and innovation sectors critical to national security and economic prosperity relative to other countries, including the availability of United States technology in such sectors abroad, particularly with respect to countries that are strategic competitors of the United States; (D) trends and trajectories, including rate of change in technologies, related to technology and innovation sectors critical to national security and economic prosperity; (E) threats to United States national security interests as a result of any foreign country's dependence on technologies of strategic competitors of the United States; and (F) threats to United States interests based on dependencies on foreign technologies critical to national security and economic prosperity; and (3) engage with private sector entities on matters relating to analysis under paragraph (2). (d) Determination of Priorities.--On a periodic basis, the Director of the Office of Science and Technology Policy, the National Economic Council, and the National Security Council, in coordination with such heads of such Executive agencies as the Director and the Councils jointly consider appropriate, shall jointly determine the priorities of the Office with respect to subsection (b)(2)(A). (e) Administration.--To carry out the purposes set forth under subsection (b)(2), the Office shall enter into an agreement with a public-private or a federally funded research and development center, a university affiliated research center, or consortium of federally funded research and development centers, and university affiliated research centers. (f) Access to, Use, and Handling of Information.-- (1) Federal information.--In carrying out the activities under subsection (c), the Office shall have access to all information, data, or reports of any Executive agency that the Office determines necessary to carry out this section-- (A) upon written request; (B) subject to limitations under applicable provisions of law; and (C) consistent with the protection of sources and methods, law enforcement strictures, protection of proprietary information of businesses, and protection of personally identifiable information. (2) Commercial information.--The Office may obtain commercially available information that may not be publicly available. (3) Use of information.--The Office may use information obtained under this subsection for purposes set forth under subsection (b)(2). (4) Handling of information.--The Office shall handle information obtained under this subsection subject to all restrictions required by the source of the information. (g) Additional Support.--A head of an Executive agency may provide to the Office such support, in the form of financial assistance and personnel, as the head considers appropriate to assist the Office in carrying out any activity under subsection (c), consistent with the priorities determined under subsection (d). (h) Annual Report.--Not less frequently than once each year, the Office shall submit to Congress a report on the activities of the Office under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2023. <all>

S.3258

Health

Flu Vaccine Act This bill requires the National Institute of Allergy and Infectious Diseases, which is part of the National Institutes of Health, to conduct or support research regarding the development of a universal influenza vaccine.

To conduct or support further comprehensive research for the creation of a universal influenza vaccine or preventative. 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 ``Flu Vaccine Act''. SEC. 2. RESEARCH FOR THE CREATION OF A UNIVERSAL INFLUENZA VACCINE OR PREVENTATIVE. (a) In General.--The Director of the National Institute of Allergy and Infectious Diseases shall conduct or support comprehensive research for the creation of a universal influenza vaccine or preventative. (b) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $200,000,000 for each of fiscal years 2022 through 2026. <all>

Flu Vaccine Act

A bill to conduct or support further comprehensive research for the creation of a universal influenza vaccine or preventative.

Flu Vaccine Act

Sen. Markey, Edward J.

D

MA

This bill requires the National Institute of Allergy and Infectious Diseases, which is part of the National Institutes of Health, to conduct or support research regarding the development of a universal influenza vaccine.

To conduct or support further comprehensive research for the creation of a universal influenza vaccine or preventative. 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 ``Flu Vaccine Act''. SEC. 2. RESEARCH FOR THE CREATION OF A UNIVERSAL INFLUENZA VACCINE OR PREVENTATIVE. (a) In General.--The Director of the National Institute of Allergy and Infectious Diseases shall conduct or support comprehensive research for the creation of a universal influenza vaccine or preventative. (b) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $200,000,000 for each of fiscal years 2022 through 2026. <all>

To conduct or support further comprehensive research for the creation of a universal influenza vaccine or preventative. 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 ``Flu Vaccine Act''. SEC. 2. RESEARCH FOR THE CREATION OF A UNIVERSAL INFLUENZA VACCINE OR PREVENTATIVE. (a) In General.--The Director of the National Institute of Allergy and Infectious Diseases shall conduct or support comprehensive research for the creation of a universal influenza vaccine or preventative. (b) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $200,000,000 for each of fiscal years 2022 through 2026. <all>

To conduct or support further comprehensive research for the creation of a universal influenza vaccine or preventative. 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 ``Flu Vaccine Act''. SEC. 2. RESEARCH FOR THE CREATION OF A UNIVERSAL INFLUENZA VACCINE OR PREVENTATIVE. (a) In General.--The Director of the National Institute of Allergy and Infectious Diseases shall conduct or support comprehensive research for the creation of a universal influenza vaccine or preventative. (b) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $200,000,000 for each of fiscal years 2022 through 2026. <all>

To conduct or support further comprehensive research for the creation of a universal influenza vaccine or preventative. 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 ``Flu Vaccine Act''. SEC. 2. RESEARCH FOR THE CREATION OF A UNIVERSAL INFLUENZA VACCINE OR PREVENTATIVE. (a) In General.--The Director of the National Institute of Allergy and Infectious Diseases shall conduct or support comprehensive research for the creation of a universal influenza vaccine or preventative. (b) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $200,000,000 for each of fiscal years 2022 through 2026. <all>

H.R.3400

Armed Forces and National Security

VA Emergency Transportation Act This bill requires the Department of Veterans Affairs (VA) to reimburse a veteran for the reasonable value of emergency transportation by a non-VA provider (1) to a facility for emergency treatment, or (2) from a non-VA facility where the veteran was treated to a VA or other federal facility for additional care.

To amend title 38, United States Code, to reimburse veterans for the cost of emergency medical transportation to a Federal facility, 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 ``VA Emergency Transportation Act''. SEC. 2. REIMBURSEMENT OF EMERGENCY MEDICAL TRANSPORTATION TO A FEDERAL FACILITY. (a) In General.--Section 1725 of title 38, United States Code, is amended-- (1) in the heading, by striking ``emergency treatment'' and inserting ``emergency services''; (2) by striking ``the emergency treatment'' each place it appears and inserting ``such emergency services''; (3) by striking ``such treatment'' each place it appears and inserting ``such emergency services''; (4) by striking ``that treatment'' each place it appears and inserting ``such emergency services''; (5) by striking ``the treatment'' each place it appears and inserting ``such emergency services''; (6) by striking ``in a non-Department facility'' each place it appears; (7) by striking ``same treatment'' and inserting ``same emergency services''; (8) in subsection (a)(2)(A), by striking ``health care provider that furnished the treatment'' and inserting ``provider that furnished such emergency services''; (9) in subsections (a) through (d), as amended by the preceding paragraphs, by striking ``emergency treatment'' each place it appears and inserting ``emergency services''; (10) in subsection (b)(3)(B), by striking ``(f)(2)(B) or (f)(2)(C)'' and inserting ``(f)(4)(B) or (f)(4)(C)''; and (11) in subsection (f)-- (A) by redesignating paragraph (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (B) in paragraph (3), as redesignated, insert ``in a non-Department facility'' after ``services furnished''; and (C) by inserting before paragraph (3), as redesignated, the following new paragraphs (1) and (2): ``(1) The term `emergency services' includes emergency treatment and emergency transportation. ``(2) The term `emergency transportation' means transportation of a veteran by ambulance or air ambulance by a non-Department provider-- ``(A) to a facility for emergency treatment; or ``(B) from a non-Department facility where such veteran received emergency treatment-- ``(i) to a Department or other Federal facility; and ``(ii) at a time described in paragraph (3)(C).''. (b) Technical and Conforming Amendments.-- (1) Definition of emergency treatment.--Section 1728(c) of such title is amended by striking ``1725(f)(1)'' and inserting ``1725(f)''. (2) Table of sections.--The table of sections at the beginning of chapter 17 of such title is amended by striking ``emergency treatment'' and inserting ``emergency services''. <all>

VA Emergency Transportation Act

To amend title 38, United States Code, to reimburse veterans for the cost of emergency medical transportation to a Federal facility, and for other purposes.

VA Emergency Transportation Act

Rep. Hartzler, Vicky

R

MO

This bill requires the Department of Veterans Affairs (VA) to reimburse a veteran for the reasonable value of emergency transportation by a non-VA provider (1) to a facility for emergency treatment, or (2) from a non-VA facility where the veteran was treated to a VA or other federal facility for additional care.

To amend title 38, United States Code, to reimburse veterans for the cost of emergency medical transportation to a Federal facility, 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 ``VA Emergency Transportation Act''. SEC. 2. REIMBURSEMENT OF EMERGENCY MEDICAL TRANSPORTATION TO A FEDERAL FACILITY. (a) In General.--Section 1725 of title 38, United States Code, is amended-- (1) in the heading, by striking ``emergency treatment'' and inserting ``emergency services''; (2) by striking ``the emergency treatment'' each place it appears and inserting ``such emergency services''; (3) by striking ``such treatment'' each place it appears and inserting ``such emergency services''; (4) by striking ``that treatment'' each place it appears and inserting ``such emergency services''; (5) by striking ``the treatment'' each place it appears and inserting ``such emergency services''; (6) by striking ``in a non-Department facility'' each place it appears; (7) by striking ``same treatment'' and inserting ``same emergency services''; (8) in subsection (a)(2)(A), by striking ``health care provider that furnished the treatment'' and inserting ``provider that furnished such emergency services''; (9) in subsections (a) through (d), as amended by the preceding paragraphs, by striking ``emergency treatment'' each place it appears and inserting ``emergency services''; (10) in subsection (b)(3)(B), by striking ``(f)(2)(B) or (f)(2)(C)'' and inserting ``(f)(4)(B) or (f)(4)(C)''; and (11) in subsection (f)-- (A) by redesignating paragraph (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (B) in paragraph (3), as redesignated, insert ``in a non-Department facility'' after ``services furnished''; and (C) by inserting before paragraph (3), as redesignated, the following new paragraphs (1) and (2): ``(1) The term `emergency services' includes emergency treatment and emergency transportation. ``(2) The term `emergency transportation' means transportation of a veteran by ambulance or air ambulance by a non-Department provider-- ``(A) to a facility for emergency treatment; or ``(B) from a non-Department facility where such veteran received emergency treatment-- ``(i) to a Department or other Federal facility; and ``(ii) at a time described in paragraph (3)(C).''. (b) Technical and Conforming Amendments.-- (1) Definition of emergency treatment.--Section 1728(c) of such title is amended by striking ``1725(f)(1)'' and inserting ``1725(f)''. (2) Table of sections.--The table of sections at the beginning of chapter 17 of such title is amended by striking ``emergency treatment'' and inserting ``emergency services''. <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 ``VA Emergency Transportation Act''. SEC. 2. REIMBURSEMENT OF EMERGENCY MEDICAL TRANSPORTATION TO A FEDERAL FACILITY. (a) In General.--Section 1725 of title 38, United States Code, is amended-- (1) in the heading, by striking ``emergency treatment'' and inserting ``emergency services''; (2) by striking ``the emergency treatment'' each place it appears and inserting ``such emergency services''; (3) by striking ``such treatment'' each place it appears and inserting ``such emergency services''; (4) by striking ``that treatment'' each place it appears and inserting ``such emergency services''; (5) by striking ``the treatment'' each place it appears and inserting ``such emergency services''; (6) by striking ``in a non-Department facility'' each place it appears; (7) by striking ``same treatment'' and inserting ``same emergency services''; (8) in subsection (a)(2)(A), by striking ``health care provider that furnished the treatment'' and inserting ``provider that furnished such emergency services''; (9) in subsections (a) through (d), as amended by the preceding paragraphs, by striking ``emergency treatment'' each place it appears and inserting ``emergency services''; (10) in subsection (b)(3)(B), by striking ``(f)(2)(B) or (f)(2)(C)'' and inserting ``(f)(4)(B) or (f)(4)(C)''; and (11) in subsection (f)-- (A) by redesignating paragraph (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (B) in paragraph (3), as redesignated, insert ``in a non-Department facility'' after ``services furnished''; and (C) by inserting before paragraph (3), as redesignated, the following new paragraphs (1) and (2): ``(1) The term `emergency services' includes emergency treatment and emergency transportation. ``(2) The term `emergency transportation' means transportation of a veteran by ambulance or air ambulance by a non-Department provider-- ``(A) to a facility for emergency treatment; or ``(B) from a non-Department facility where such veteran received emergency treatment-- ``(i) to a Department or other Federal facility; and ``(ii) at a time described in paragraph (3)(C).''. (2) Table of sections.--The table of sections at the beginning of chapter 17 of such title is amended by striking ``emergency treatment'' and inserting ``emergency services''.

To amend title 38, United States Code, to reimburse veterans for the cost of emergency medical transportation to a Federal facility, 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 ``VA Emergency Transportation Act''. SEC. 2. REIMBURSEMENT OF EMERGENCY MEDICAL TRANSPORTATION TO A FEDERAL FACILITY. (a) In General.--Section 1725 of title 38, United States Code, is amended-- (1) in the heading, by striking ``emergency treatment'' and inserting ``emergency services''; (2) by striking ``the emergency treatment'' each place it appears and inserting ``such emergency services''; (3) by striking ``such treatment'' each place it appears and inserting ``such emergency services''; (4) by striking ``that treatment'' each place it appears and inserting ``such emergency services''; (5) by striking ``the treatment'' each place it appears and inserting ``such emergency services''; (6) by striking ``in a non-Department facility'' each place it appears; (7) by striking ``same treatment'' and inserting ``same emergency services''; (8) in subsection (a)(2)(A), by striking ``health care provider that furnished the treatment'' and inserting ``provider that furnished such emergency services''; (9) in subsections (a) through (d), as amended by the preceding paragraphs, by striking ``emergency treatment'' each place it appears and inserting ``emergency services''; (10) in subsection (b)(3)(B), by striking ``(f)(2)(B) or (f)(2)(C)'' and inserting ``(f)(4)(B) or (f)(4)(C)''; and (11) in subsection (f)-- (A) by redesignating paragraph (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (B) in paragraph (3), as redesignated, insert ``in a non-Department facility'' after ``services furnished''; and (C) by inserting before paragraph (3), as redesignated, the following new paragraphs (1) and (2): ``(1) The term `emergency services' includes emergency treatment and emergency transportation. ``(2) The term `emergency transportation' means transportation of a veteran by ambulance or air ambulance by a non-Department provider-- ``(A) to a facility for emergency treatment; or ``(B) from a non-Department facility where such veteran received emergency treatment-- ``(i) to a Department or other Federal facility; and ``(ii) at a time described in paragraph (3)(C).''. (b) Technical and Conforming Amendments.-- (1) Definition of emergency treatment.--Section 1728(c) of such title is amended by striking ``1725(f)(1)'' and inserting ``1725(f)''. (2) Table of sections.--The table of sections at the beginning of chapter 17 of such title is amended by striking ``emergency treatment'' and inserting ``emergency services''. <all>

To amend title 38, United States Code, to reimburse veterans for the cost of emergency medical transportation to a Federal facility, 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 ``VA Emergency Transportation Act''. SEC. 2. REIMBURSEMENT OF EMERGENCY MEDICAL TRANSPORTATION TO A FEDERAL FACILITY. (a) In General.--Section 1725 of title 38, United States Code, is amended-- (1) in the heading, by striking ``emergency treatment'' and inserting ``emergency services''; (2) by striking ``the emergency treatment'' each place it appears and inserting ``such emergency services''; (3) by striking ``such treatment'' each place it appears and inserting ``such emergency services''; (4) by striking ``that treatment'' each place it appears and inserting ``such emergency services''; (5) by striking ``the treatment'' each place it appears and inserting ``such emergency services''; (6) by striking ``in a non-Department facility'' each place it appears; (7) by striking ``same treatment'' and inserting ``same emergency services''; (8) in subsection (a)(2)(A), by striking ``health care provider that furnished the treatment'' and inserting ``provider that furnished such emergency services''; (9) in subsections (a) through (d), as amended by the preceding paragraphs, by striking ``emergency treatment'' each place it appears and inserting ``emergency services''; (10) in subsection (b)(3)(B), by striking ``(f)(2)(B) or (f)(2)(C)'' and inserting ``(f)(4)(B) or (f)(4)(C)''; and (11) in subsection (f)-- (A) by redesignating paragraph (1), (2), and (3) as paragraphs (3), (4), and (5), respectively; (B) in paragraph (3), as redesignated, insert ``in a non-Department facility'' after ``services furnished''; and (C) by inserting before paragraph (3), as redesignated, the following new paragraphs (1) and (2): ``(1) The term `emergency services' includes emergency treatment and emergency transportation. ``(2) The term `emergency transportation' means transportation of a veteran by ambulance or air ambulance by a non-Department provider-- ``(A) to a facility for emergency treatment; or ``(B) from a non-Department facility where such veteran received emergency treatment-- ``(i) to a Department or other Federal facility; and ``(ii) at a time described in paragraph (3)(C).''. (b) Technical and Conforming Amendments.-- (1) Definition of emergency treatment.--Section 1728(c) of such title is amended by striking ``1725(f)(1)'' and inserting ``1725(f)''. (2) Table of sections.--The table of sections at the beginning of chapter 17 of such title is amended by striking ``emergency treatment'' and inserting ``emergency services''. <all>

S.545

Labor and Employment

Railroad Employee Equity and Fairness Act or the REEF Act This bill permanently exempts payments made from the Railroad Unemployment Insurance Account from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. Currently, this exemption ends 30 days after the termination of the COVID-19 national emergency period.

To permanently exempt payments made from the Railroad Unemployment Insurance Account from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Railroad Employee Equity and Fairness Act'' or the ``REEF Act''. SEC. 2. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT INSURANCE ACCOUNT. (a) Amendments.--Section 235 of the Continued Assistance to Rail Workers Act of 2020 (subchapter III of title II of division N of Public Law 116-260) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (2); and (B) by striking ``subsection (a)--'' and inserting ``subsection (a) shall take effect 7 days after the date of enactment of the Continued Assistance to Rail Workers Act of 2020.''; and (2) by striking subsection (c). (b) Applicability.--The amendments made by subsection (a) shall apply as if enacted on the date before the date on which the national emergency concerning the novel coronavirus disease (COVID-19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates. <all>

Railroad Employee Equity and Fairness Act

A bill to permanently exempt payments made from the Railroad Unemployment Insurance Account from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985.

REEF Act Railroad Employee Equity and Fairness Act

Sen. Portman, Rob

R

OH

This bill permanently exempts payments made from the Railroad Unemployment Insurance Account from sequestration. Sequestration is a process of automatic, usually across-the-board spending reductions under which budgetary resources are permanently cancelled to enforce specific budget policy goals. Currently, this exemption ends 30 days after the termination of the COVID-19 national emergency period.

To permanently exempt payments made from the Railroad Unemployment Insurance Account from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Railroad Employee Equity and Fairness Act'' or the ``REEF Act''. SEC. 2. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT INSURANCE ACCOUNT. (a) Amendments.--Section 235 of the Continued Assistance to Rail Workers Act of 2020 (subchapter III of title II of division N of Public Law 116-260) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (2); and (B) by striking ``subsection (a)--'' and inserting ``subsection (a) shall take effect 7 days after the date of enactment of the Continued Assistance to Rail Workers Act of 2020.''; and (2) by striking subsection (c). (b) Applicability.--The amendments made by subsection (a) shall apply as if enacted on the date before the date on which the national emergency concerning the novel coronavirus disease (COVID-19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates. <all>

To permanently exempt payments made from the Railroad Unemployment Insurance Account from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Railroad Employee Equity and Fairness Act'' or the ``REEF Act''. SEC. 2. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT INSURANCE ACCOUNT. (a) Amendments.--Section 235 of the Continued Assistance to Rail Workers Act of 2020 (subchapter III of title II of division N of Public Law 116-260) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (2); and (B) by striking ``subsection (a)--'' and inserting ``subsection (a) shall take effect 7 days after the date of enactment of the Continued Assistance to Rail Workers Act of 2020.''; and (2) by striking subsection (c). (b) Applicability.--The amendments made by subsection (a) shall apply as if enacted on the date before the date on which the national emergency concerning the novel coronavirus disease (COVID-19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates. <all>

To permanently exempt payments made from the Railroad Unemployment Insurance Account from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Railroad Employee Equity and Fairness Act'' or the ``REEF Act''. SEC. 2. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT INSURANCE ACCOUNT. (a) Amendments.--Section 235 of the Continued Assistance to Rail Workers Act of 2020 (subchapter III of title II of division N of Public Law 116-260) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (2); and (B) by striking ``subsection (a)--'' and inserting ``subsection (a) shall take effect 7 days after the date of enactment of the Continued Assistance to Rail Workers Act of 2020.''; and (2) by striking subsection (c). (b) Applicability.--The amendments made by subsection (a) shall apply as if enacted on the date before the date on which the national emergency concerning the novel coronavirus disease (COVID-19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates. <all>

To permanently exempt payments made from the Railroad Unemployment Insurance Account from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES. This Act may be cited as the ``Railroad Employee Equity and Fairness Act'' or the ``REEF Act''. SEC. 2. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT INSURANCE ACCOUNT. (a) Amendments.--Section 235 of the Continued Assistance to Rail Workers Act of 2020 (subchapter III of title II of division N of Public Law 116-260) is amended-- (1) in subsection (b)-- (A) by striking paragraphs (1) and (2); and (B) by striking ``subsection (a)--'' and inserting ``subsection (a) shall take effect 7 days after the date of enactment of the Continued Assistance to Rail Workers Act of 2020.''; and (2) by striking subsection (c). (b) Applicability.--The amendments made by subsection (a) shall apply as if enacted on the date before the date on which the national emergency concerning the novel coronavirus disease (COVID-19) outbreak declared by the President on March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates. <all>

H.R.8719

Public Lands and Natural Resources

Great Bend of the Gila Conservation Act This bill establishes the Great Bend of the Gila National Conservation Area and the Palo Verde National Conservation Area in Arizona. The bill designates in Maricopa County in Arizona

To establish the Great Bend of the Gila National Conservation Area in the State of Arizona, 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 ``Great Bend of the Gila Conservation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation areas.--The term ``Conservation Areas'' means the Great Bend of the Gila National Conservation Area and the Palo Verde National Conservation Area established by section 3(a). (2) Existing use.--The term ``existing use'', with respect to the Conservation Areas, means a use that is occurring within the Conservation Areas on the date of the enactment of this Act. (3) Indian tribe.--The term ``Indian Tribe'' means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (4) Interested indian tribe.--The term ``interested Indian Tribe''means-- (A) historic, precontact, cultural, or religious connections to lands within the Conservation Areas; (B) a former reservation located on land within the Conservation Areas; or (C) treaty rights or other reserved rights associated with on land within the Conservation Areas. (5) Great bend of the gila map.--The term ``Great Bend of the Gila Map'' means the map entitled ``Proposed Great Bend of the Gila Conservation Act'' and dated February 3, 2022. (6) Land management plans.--The term ``land management plans'' means each of the land management plans developed pursuant to section 6(a). (7) Native knowledge.--The term ``Native knowledge'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of the enactment of this Act). (8) New use.--The term ``new use'', with respect to the Conservation Areas-- (A) means a use that-- (i) involves surface disturbance and is not occurring in the Conservation Areas on the date of the enactment of this Act; or (ii) is occurring in the Conservation Areas on the date of the enactment of this Act, but that is being modified so as-- (I) to create a surface disturbance; (II) to significantly expand or alter impacts of the use on the land, water, air, cultural resources, or wildlife of the Conservation Areas; or (III) to negatively impact the purposes for which the Conservation Areas are designated under this Act; and (B) does not include a use that-- (i) is categorically excluded from the requirements of title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.); (ii) is carried out to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (iii) is necessary to maintain a road, trail, structure, or facility within the Conservation Areas that is-- (I) in existence on the date of the enactment of this Act; and (II) identified in the management planning documents of the applicable land management agency as a road, trail, structure, or facility intended for continued use; or (iv) the Secretary determines to be necessary for the control of fire, insects, or diseases, subject to applicable law, including regulations, and such terms and conditions as the Secretary determines appropriate. (9) PLO 1015 lands.--The term ``PLO 1015 lands'' means those Federal lands withdrawn and reserved by Public Land Order 1015, dated October 1, 1954 (19 Fed. Reg. 6477), for use by the Arizona Game and Fish Commission in connection with the Gila River Waterfowl Area Project. (10) Restoration.--The term ``restoration'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations as in effect on the date of the enactment of this Act. (11) Sacred site.--The term ``sacred site'' means a specific, discrete, narrowly delineated site on public land that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. (12) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (13) State.--The term ``State'' means the State of Arizona. (14) Surface disturbance.--The term ``surface disturbance'' means any new disruption of soil or vegetation that would require restoration to return the soil or vegetation to natural appearance or ecological function. (15) Tribal commission.--The term ``Tribal commission'' means each Tribal commission established under section 6(a). (16) Tribal cultural site.--The term ``Tribal Cultural Site'' means-- (A) a historic property (as defined in section 800.16 of title 36, Code of Federal Regulations as in effect on the date of the enactment of this Act); (B) a sacred site; or (C) a landform, landscape, or location that-- (i) is or may be important to the customs, practices, objects, places, religions, or ceremonies of an Indian Tribe; (ii) is or may be important to an Indian Tribe for the undertaking of religious, cultural, spiritual, traditional subsistence, or other traditional practices; (iii) contains unique or important traditional Tribal food, medicinal, or material gathering areas; or (iv) is connected through features, ceremonies, objects, histories, or cultural practices to other sites or to a larger sacred landscape, as determined by an Indian Tribe. (17) Tribal organization.--The term ``Tribal organization'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (18) Wilderness areas.--The term ``Wilderness Areas'' means the public lands designated as Wilderness by the amendments made by section 4(a). SEC. 3. ESTABLISHMENT OF CONSERVATION AREAS. (a) Establishment.-- (1) In general.--Subject to valid existing rights, there is established in the State-- (A) the Great Bend of the Gila National Conservation Area; and (B) the Palo Verde National Conservation Area. (2) Area included.-- (A) Great bend of the gila nca.--The Great Bend of the Gila National Conservation Area consists of the approximately 329,310 acres of land administered by the Bureau of Land Management, as generally depicted on the Great Bend of the Gila Map. (B) Palo verde nca.--The Palo Verde National Conservation Area consists of the approximately 47,653 acres of land administered by the Bureau of Land Management, as generally depicted on the Great Bend of the Gila Map. (b) Purposes.--The purposes of the Conservation Areas are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the Indigenous ancestral, archaeological, cultural, historic, geologic, hydrologic, natural, recreational, educational, and scenic resources of the Conservation Areas. (c) Management.-- (1) In general.--The Secretary shall manage the Conservation Areas-- (A) in a manner that conserves, protects, and enhances the resources of the Conservation Areas; (B) in a manner that preserves and protects Tribal Cultural Sites; (C) in consultation with the applicable Tribal commissions; (D) as components of the National Landscape Conservation System; and (E) in accordance with-- (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (iii) Public Law 95-341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. 1996); (iv) this Act; and (v) any other applicable law. (2) Uses.-- (A) In general.--In accordance with this Act, the Secretary shall only authorize new or existing uses within the Conservation Areas that the Secretary determines, in consultation with the applicable Tribal commission, are consistent with-- (i) the purposes described in subsection (b); (ii) the management priorities identified in paragraph (1); (iii) the preservation of Tribal Cultural Sites within the Conservation Areas; and (iv) this Act. (B) New uses.-- (i) In general.--If the Secretary determines under subparagraph (A) that a new use is consistent with the requirements of clauses (i) through (iv) of that subparagraph, before authorizing the new use, the Secretary shall request agreement from the applicable Tribal commission. (ii) Approval.--The Secretary shall authorize the new use for which the Secretary requests agreement under clause (i) if the applicable Tribal commission-- (I) agrees to the new use; or (II) does not respond to the request by the date that is 60 days after the date on which the Secretary makes the request under clause (i). (iii) Denial.--If the applicable Tribal commission denies agreement for a new use on or before the date that is 60 days after the date on which the Secretary makes the request under clause (i), the Secretary shall-- (I) consult with the applicable Tribal commission to determine specific measures to eliminate or, to the extent practicable, mitigate potential adverse impacts to the Conservation Areas resulting from the new use; and (II) authorize the new use, subject to completion of the measures determined under subclause (I), or deny the new use if elimination or substantial mitigation of potential adverse impacts is not practicable. (C) Motorized vehicles.-- (i) In general.--Except as provided in clauses (ii) and (iii), and as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Conservation Areas after the effective date of the land management plans shall be allowed only on roads and trails designated for the use of motor vehicles in the land management plans. (ii) Resource protection area.--Except as needed for administrative purposes or to respond to an emergency, the use of motor vehicles within the area generally depicted on the Great Bend of the Gila Map as ``Proposed Resource Protection Area'' shall be prohibited. (D) New roads.--Except as provided in section 6(c), no new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Conservation Areas after the date of the enactment of this Act. SEC. 4. ESTABLISHMENT OF WILDERNESS. (a) Designation.--Section 101(a) of the Arizona Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628) is amended-- (1) in paragraph (15), by striking ``1990'' and all that follows through the semicolon and inserting ``1990, and approximately 9,809 acres, generally depicted as `Gila Bend Wilderness' on the map entitled `Proposed Great Bend of the Gila Conservation Act' and dated August 05, 2021, and which shall be known as the Gila Bend Wilderness;''; (2) in paragraph (39), by striking the period and inserting a semicolon; and (3) by adding at the end the following: ``(40) certain lands in Maricopa County, Arizona, which comprise approximately 23,464 acres, as generally depicted as `Red Rock Canyon Wilderness' on the map entitled `Proposed Great Bend of the Gila Conservation Act' and dated August 05, 2021, and which shall be known as the Red Rock Canyon Wilderness; and ``(41) certain lands in Maricopa County, Arizona, which comprise approximately 23,712 acres, generally depicted as `Ringtail Wilderness' on the map entitled `Proposed Great Bend of the Gila Conservation Act' and dated August 05, 2021, which shall be known as the Ringtail Wilderness.''. (b) Applicable Law.--For the purposes of administering the Wilderness Areas-- (1) any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act; and (2) any reference in section 101 of the Arizona Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628) to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act. (c) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Woolsey Peak Wilderness, as designated by section 101(a)(13) of the Arizona Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628), as redesignated and amended by subsection (a)(1) of this Act, shall be considered to be a reference to the Gila Bend Wilderness. SEC. 5. MAPS AND LEGAL DESCRIPTIONS. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description of each of the Conservation Areas and each of the Wilderness Areas. (b) Force and Effect.--Each map and legal description submitted under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct any clerical or typographical errors in the maps or legal descriptions. (c) Availability.--Each map and legal description submitted under subsection (a) shall be available for public inspection in the appropriate offices of the Bureau of Land Management. SEC. 6. MANAGEMENT OF CONSERVATION AREAS AND WILDERNESS AREAS. (a) Land Management Plans.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a comprehensive management plan for each of the Conservation Areas that provides for the long-term protection and management of the Conservation Areas. (2) Requirements.--In developing a management plan under paragraph (1), the Secretary shall-- (A) closely collaborate with each applicable Tribal commission in accordance with paragraph (3); (B) consult with-- (i) interested Indian Tribes; (ii) appropriate State and local governmental entities; and (iii) members of the public; (C) at the request of an interested Indian Tribe, include the interested Indian Tribe as a cooperating agency in the development of the management plan; and (D) to the maximum extent practicable, incorporate Native knowledge. (3) Incorporation of recommendations.-- (A) In general.--In developing a management plan under this subsection, the Secretary shall carefully and fully consider incorporating the traditional, historical, and cultural knowledge and Native knowledge of the applicable Tribal commission, if the Tribal commission submits such information to the Secretary as written recommendations. (B) Consultation.--If the Secretary determines that a specific recommendation submitted to the Secretary under subparagraph (A) is impracticable, infeasible, or not in the public interest, the Secretary shall consult with the applicable Tribal commission to determine specific measures to modify, or otherwise address, the recommendation. (C) Written explanation.--If, after consultation under subparagraph (B), the Secretary determines not to incorporate a specific recommendation submitted to the Secretary under subparagraph (A), the Secretary shall provide to the Tribal commission a written explanation of the reason for the determination by the date that is 30 days after the date on which the determination is made. (4) Contents.--The land management plan for each of the relevant Conservation Areas shall-- (A) describe the appropriate uses and management of the relevant Conservation Area; (B) provide for traditional uses of the Conservation Area by members of Indian Tribes in accordance with subsection (b) and section 7; (C) provide for the protection and preservation of cultural resources within the relevant Conservation Area; (D) be developed with extensive public input and government-to-government consultation with interested Indian Tribes; (E) take into consideration any information developed in studies of the land within the relevant Conservation Area; and (F) include comprehensive travel management plans for the relevant Conservation Area. (b) Native American Uses.-- (1) In general.--To the extent practicable, the Secretary shall ensure access to the Conservation Areas for traditional cultural activities by members of Indian Tribes that are culturally associated with the Conservation Areas. (2) Purpose and intent.--Access provided under paragraph (1) shall be consistent with the purpose and intent of Public Law 95-341 (42 U.S.C. 1996), commonly referred to as the American Indian Religious Freedom Act. (3) Temporary closures.-- (A) In general.--In implementing this subsection, the Secretary, upon the request of an interested Indian Tribe, may temporarily close to general public use of portions of the Conservation Areas to protect the privacy of traditional cultural activities in such areas by members of the interested Indian Tribe. (B) Limitation.--Any closure pursuant to subparagraph (A) shall be made to affect the smallest practicable area for the minimum period of time necessary for such purposes. (c) Access.--The Secretary shall allow access, in accordance with applicable law, to-- (1) non-Federal land and interests in non-Federal land within the Conservation Areas; and (2) trust or restricted lands or a trust or restricted interest in land (as defined by section 201(4) of the Indian Land Consolidation Act (25 U.S.C. 2201(4))) within the Conservation Areas. (d) Coordination and Interpretation.-- (1) In general.--The Secretary shall, in consultation with each applicable Tribal Commission, seek to coordinate conservation, protection, restoration, and scientific management of the lands within the Great Bend of the Gila National Conservation Area with similar activities carried out on PLO 1015 lands. (2) Interpretation.--The Secretary shall seek to ensure that the following areas are interpreted for the public as an overall complex linked by natural and cultural history and resources: (A) The Great Bend of the Gila National Conservation Area. (B) The Gila Bend Wilderness. (C) The Red Rock Canyon Wilderness. (D) PLO 1015 lands. (e) Withdrawal.--Subject to valid existing rights, all Federal land in the Conservation Areas (including any land acquired by the Secretary within the Conservation Areas after the date of the enactment of this Act) is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (f) Acquisition and Incorporation.-- (1) In general.--The Secretary may acquire land or an interest in land within the boundaries of the Conservation Areas by purchase from a willing seller, donation, or exchange. (2) State lands.--The Secretary, in collaboration with the Arizona State Land Department, shall seek to acquire by exchange or purchase from a willing seller those lands generally depicted on the Great Bend of the Gila Map as ``Lands Identified for Potential Acquisition''. (3) Incorporation in conservation areas.--Land acquired under paragraph (1) or paragraph (2) shall-- (A) become part of the appropriate Conservation Area and, if within the Wilderness Areas, the appropriate wilderness area; and (B) be managed in accordance with this Act and any other applicable laws. (4) PLO 1015.--If the Secretary determines that the lands withdrawn by PLO 1015 and utilized by the Arizona Fish and Game Commission are no longer necessary for the purposes for which they were withdrawn, such lands shall-- (A) become part of the Great Bend of the Gila National Conservation Area; and (B) be managed by the United States Fish and Wildlife Service in accordance with this Act and any other applicable laws. (g) Grazing.--The grazing of livestock in the Conservation Areas and the Wilderness Areas, where established before the date of the enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with-- (1) applicable law (including regulations); (2) the purposes of the Conservation Areas; and (3) if within the Wilderness Areas, in accordance with the section 101(f) of the Arizona Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628) and section 4(b)(2). (h) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife in the State. (i) Water Rights.--Nothing in this Act-- (1) shall constitute either an express or implied reservation by the United States of any water rights for the Conservation Areas; (2) affects the use or allocation, in existence on the date of the enactment of this Act, of any water, water right, or interest in water; (3) affects any interstate water compact in existence on the date of the enactment of this section; or (4) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act. (j) Invasive Species.-- (1) In general.--The Secretary may prescribe such measures to control or eradicate nonnative invasive plants within the Conservation Areas and the Wilderness Areas in accordance with-- (A) the purposes of the Conservation Areas described in section 3(b); (B) the land management plans for each of the Conservation Areas; (C) applicable law (including regulations); and (D) if within the Wilderness Areas, in accordance with section 4 of the Wilderness Act (16 U.S.C. 1133(d)(4)). (2) Inventory.--Not later than 3 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary shall conduct an inventory of nonnative invasive plant species in the Conservation Areas. (3) Coordination.--The Secretary shall coordinate the management of nonnative invasive species within the Conservation Areas with the Flood Control District of Maricopa County and neighboring communities. (k) Research and Interpretive Management.--The Secretary shall, in consultation with each applicable Tribal Commission, allow scientific research to be conducted in the Conservation Areas and the Wilderness Areas, including research to identify, protect, and preserve the historic and cultural resources of the Conservation Areas and the Wilderness Areas, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with-- (1) applicable law (including regulations); (2) the purposes of the Conservation Areas; (3) if within the Wilderness Areas, in accordance with section 4 of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (4) this Act. (l) Military Overflights.--Nothing in this Act restricts or precludes-- (1) low-level overflights of military aircraft over the Conservation Areas, including military overflights that can be seen or heard within the Conservation Areas; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes over the Conservation Areas. (m) Adjacent Management.-- (1) In general.--Nothing in this Act shall be construed to create a protective perimeter or buffer zone around the Conservation Areas. (2) Activities and uses.--The fact that activities or uses can be seen or heard from areas within the Conservation Areas shall not preclude the conduct of the activities or uses outside the boundary of the Conservation Areas. SEC. 7. NATIVE AMERICAN RIGHTS AND USES. (a) Tribal Rights.--Nothing in this Act alters or diminishes-- (1) the treaty rights of any Indian Tribe; or (2) the hunting, fishing, and gathering rights of the Tohono O'odham Nation recognized by section 4(b) of the Gila Bend Indian Reservation Lands Replacement Act (Public Law 99- 503). (b) Consultation.--The Secretary shall consult with interested Indian Tribes-- (1) in carrying out the land management plans; (2) providing access under section 6(b); and (3) to determine whether to charter an advisory committee to provide advice on the management of the Conservation Areas. SEC. 8. TRIBAL COMMISSION. (a) In General.--To ensure that the management of the Conservation Areas reflects the expertise and traditional, cultural, ecological, and historical knowledge and Native knowledge of members of interested Indian Tribes, not later than 180 days after the date of the enactment of this Act, the Secretary shall establish for the Conservation Areas a Tribal commission. (b) Duties.--The Tribal commission shall provide guidance and recommendations on the development and implementation of the management plan for, and policies of, the Conservation Area. (c) Membership.-- (1) Composition.--The Tribal commission shall consist of the representatives designated by each interested Indian Tribe with a historical association with the land within the boundaries of the Conservation Areas, with a maximum of 1 representative per interested Indian Tribe. (2) Process.--The Secretary shall conduct government-to- government consultation with each interested Indian Tribe with a historical association with the land within the boundaries of the Conservation Areas to determine whether the interested Indian Tribe may designate a representative to be a member of the Tribal commission under paragraph (1). (d) Exemption.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Tribal commission. SEC. 9. SELF-DETERMINATION CONTRACTS. (a) In General.--The Secretary may contract with 1 or more Indian Tribes or Tribal organizations to perform administrative or management functions within the Conservation Areas through contracts entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.). (b) Environmental and Other Requirements.-- (1) Effect.--Nothing in this section alters or abridges the application of-- (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (D) any other applicable Federal environmental law (including regulations); or (E) the Wilderness Act (16 U.S.C. 1131 et seq.). (2) Environmental analyses.--Nothing in this section authorizes the Secretary, an Indian Tribe, or a Tribal organization to waive completion of any necessary environmental analysis under applicable Federal law. (3) Retention of nepa responsibilities.--The Secretary shall make any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other applicable Federal law (including regulations) with respect to any activity to be carried out on public land under the jurisdiction of the Bureau of Land Management and Fish and Wildlife Service under this Act. (4) Applicability of the administrative procedure act.-- Nothing in this section alters or abridges the application of subchapter II of chapter 5, or chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), to this Act. (c) Tribal Assistance.--The Secretary may provide technical and financial assistance to an Indian Tribe in accordance with section 103 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5322) to improve the capacity of the Indian Tribe to develop, enter into, and carry out activities under a contract under subsection (a). <all>

Great Bend of the Gila Conservation Act

To establish the Great Bend of the Gila National Conservation Area in the State of Arizona, and for other purposes.

Great Bend of the Gila Conservation Act

Rep. Grijalva, Raúl M.

D

AZ

This bill establishes the Great Bend of the Gila National Conservation Area and the Palo Verde National Conservation Area in Arizona. The bill designates in Maricopa County in Arizona

SHORT TITLE. This Act may be cited as the ``Great Bend of the Gila Conservation Act''. 2. (6) Land management plans.--The term ``land management plans'' means each of the land management plans developed pursuant to section 6(a). (11) Sacred site.--The term ``sacred site'' means a specific, discrete, narrowly delineated site on public land that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. (12) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (13) State.--The term ``State'' means the State of Arizona. (14) Surface disturbance.--The term ``surface disturbance'' means any new disruption of soil or vegetation that would require restoration to return the soil or vegetation to natural appearance or ecological function. 3. (B) New uses.-- (i) In general.--If the Secretary determines under subparagraph (A) that a new use is consistent with the requirements of clauses (i) through (iv) of that subparagraph, before authorizing the new use, the Secretary shall request agreement from the applicable Tribal commission. (ii) Resource protection area.--Except as needed for administrative purposes or to respond to an emergency, the use of motor vehicles within the area generally depicted on the Great Bend of the Gila Map as ``Proposed Resource Protection Area'' shall be prohibited. 4. ESTABLISHMENT OF WILDERNESS. 1132 note; Public Law 101-628) to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act. 5. MAPS AND LEGAL DESCRIPTIONS. 6. MANAGEMENT OF CONSERVATION AREAS AND WILDERNESS AREAS. (3) Incorporation of recommendations.-- (A) In general.--In developing a management plan under this subsection, the Secretary shall carefully and fully consider incorporating the traditional, historical, and cultural knowledge and Native knowledge of the applicable Tribal commission, if the Tribal commission submits such information to the Secretary as written recommendations. (D) PLO 1015 lands. (h) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife in the State. 7. NATIVE AMERICAN RIGHTS AND USES. 8. TRIBAL COMMISSION. (c) Membership.-- (1) Composition.--The Tribal commission shall consist of the representatives designated by each interested Indian Tribe with a historical association with the land within the boundaries of the Conservation Areas, with a maximum of 1 representative per interested Indian Tribe. SEC. 9. SELF-DETERMINATION CONTRACTS. 1531 et seq. ); (C) the National Environmental Policy Act of 1969 (42 U.S.C. ); (D) any other applicable Federal environmental law (including regulations); or (E) the Wilderness Act (16 U.S.C. (c) Tribal Assistance.--The Secretary may provide technical and financial assistance to an Indian Tribe in accordance with section 103 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

SHORT TITLE. This Act may be cited as the ``Great Bend of the Gila Conservation Act''. 2. (6) Land management plans.--The term ``land management plans'' means each of the land management plans developed pursuant to section 6(a). (11) Sacred site.--The term ``sacred site'' means a specific, discrete, narrowly delineated site on public land that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. (12) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (13) State.--The term ``State'' means the State of Arizona. 3. (B) New uses.-- (i) In general.--If the Secretary determines under subparagraph (A) that a new use is consistent with the requirements of clauses (i) through (iv) of that subparagraph, before authorizing the new use, the Secretary shall request agreement from the applicable Tribal commission. (ii) Resource protection area.--Except as needed for administrative purposes or to respond to an emergency, the use of motor vehicles within the area generally depicted on the Great Bend of the Gila Map as ``Proposed Resource Protection Area'' shall be prohibited. 4. 1132 note; Public Law 101-628) to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act. 5. MAPS AND LEGAL DESCRIPTIONS. 6. MANAGEMENT OF CONSERVATION AREAS AND WILDERNESS AREAS. (D) PLO 1015 lands. (h) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife in the State. 7. NATIVE AMERICAN RIGHTS AND USES. TRIBAL COMMISSION. (c) Membership.-- (1) Composition.--The Tribal commission shall consist of the representatives designated by each interested Indian Tribe with a historical association with the land within the boundaries of the Conservation Areas, with a maximum of 1 representative per interested Indian Tribe. SEC. 9. SELF-DETERMINATION CONTRACTS. 1531 et seq. ); (C) the National Environmental Policy Act of 1969 (42 U.S.C. ); (D) any other applicable Federal environmental law (including regulations); or (E) the Wilderness Act (16 U.S.C.

SHORT TITLE. This Act may be cited as the ``Great Bend of the Gila Conservation Act''. 2. (6) Land management plans.--The term ``land management plans'' means each of the land management plans developed pursuant to section 6(a). (11) Sacred site.--The term ``sacred site'' means a specific, discrete, narrowly delineated site on public land that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. (12) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (13) State.--The term ``State'' means the State of Arizona. (14) Surface disturbance.--The term ``surface disturbance'' means any new disruption of soil or vegetation that would require restoration to return the soil or vegetation to natural appearance or ecological function. 3. (B) Palo verde nca.--The Palo Verde National Conservation Area consists of the approximately 47,653 acres of land administered by the Bureau of Land Management, as generally depicted on the Great Bend of the Gila Map. ); (iii) Public Law 95-341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. (B) New uses.-- (i) In general.--If the Secretary determines under subparagraph (A) that a new use is consistent with the requirements of clauses (i) through (iv) of that subparagraph, before authorizing the new use, the Secretary shall request agreement from the applicable Tribal commission. (ii) Resource protection area.--Except as needed for administrative purposes or to respond to an emergency, the use of motor vehicles within the area generally depicted on the Great Bend of the Gila Map as ``Proposed Resource Protection Area'' shall be prohibited. 4. ESTABLISHMENT OF WILDERNESS. 1132 note; Public Law 101-628) to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act. 5. MAPS AND LEGAL DESCRIPTIONS. 6. MANAGEMENT OF CONSERVATION AREAS AND WILDERNESS AREAS. (3) Incorporation of recommendations.-- (A) In general.--In developing a management plan under this subsection, the Secretary shall carefully and fully consider incorporating the traditional, historical, and cultural knowledge and Native knowledge of the applicable Tribal commission, if the Tribal commission submits such information to the Secretary as written recommendations. (B) Limitation.--Any closure pursuant to subparagraph (A) shall be made to affect the smallest practicable area for the minimum period of time necessary for such purposes. (C) The Red Rock Canyon Wilderness. (D) PLO 1015 lands. (h) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife in the State. (i) Water Rights.--Nothing in this Act-- (1) shall constitute either an express or implied reservation by the United States of any water rights for the Conservation Areas; (2) affects the use or allocation, in existence on the date of the enactment of this Act, of any water, water right, or interest in water; (3) affects any interstate water compact in existence on the date of the enactment of this section; or (4) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act. (3) Coordination.--The Secretary shall coordinate the management of nonnative invasive species within the Conservation Areas with the Flood Control District of Maricopa County and neighboring communities. (2) Activities and uses.--The fact that activities or uses can be seen or heard from areas within the Conservation Areas shall not preclude the conduct of the activities or uses outside the boundary of the Conservation Areas. 7. NATIVE AMERICAN RIGHTS AND USES. 8. TRIBAL COMMISSION. (c) Membership.-- (1) Composition.--The Tribal commission shall consist of the representatives designated by each interested Indian Tribe with a historical association with the land within the boundaries of the Conservation Areas, with a maximum of 1 representative per interested Indian Tribe. SEC. 9. SELF-DETERMINATION CONTRACTS. 1531 et seq. ); (C) the National Environmental Policy Act of 1969 (42 U.S.C. ); (D) any other applicable Federal environmental law (including regulations); or (E) the Wilderness Act (16 U.S.C. (c) Tribal Assistance.--The Secretary may provide technical and financial assistance to an Indian Tribe in accordance with section 103 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

SHORT TITLE. This Act may be cited as the ``Great Bend of the Gila Conservation Act''. 2. DEFINITIONS. 5131). (6) Land management plans.--The term ``land management plans'' means each of the land management plans developed pursuant to section 6(a). Reg. (10) Restoration.--The term ``restoration'' has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations as in effect on the date of the enactment of this Act. (11) Sacred site.--The term ``sacred site'' means a specific, discrete, narrowly delineated site on public land that is identified by an Indian Tribe as sacred by virtue of the established religious significance of the site to, or ceremonial or medicinal use of the site by, an Indian Tribe. (12) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (13) State.--The term ``State'' means the State of Arizona. (14) Surface disturbance.--The term ``surface disturbance'' means any new disruption of soil or vegetation that would require restoration to return the soil or vegetation to natural appearance or ecological function. 5304). 3. (B) Palo verde nca.--The Palo Verde National Conservation Area consists of the approximately 47,653 acres of land administered by the Bureau of Land Management, as generally depicted on the Great Bend of the Gila Map. ); (iii) Public Law 95-341 (commonly known as the American Indian Religious Freedom Act; 42 U.S.C. (B) New uses.-- (i) In general.--If the Secretary determines under subparagraph (A) that a new use is consistent with the requirements of clauses (i) through (iv) of that subparagraph, before authorizing the new use, the Secretary shall request agreement from the applicable Tribal commission. (iii) Denial.--If the applicable Tribal commission denies agreement for a new use on or before the date that is 60 days after the date on which the Secretary makes the request under clause (i), the Secretary shall-- (I) consult with the applicable Tribal commission to determine specific measures to eliminate or, to the extent practicable, mitigate potential adverse impacts to the Conservation Areas resulting from the new use; and (II) authorize the new use, subject to completion of the measures determined under subclause (I), or deny the new use if elimination or substantial mitigation of potential adverse impacts is not practicable. (ii) Resource protection area.--Except as needed for administrative purposes or to respond to an emergency, the use of motor vehicles within the area generally depicted on the Great Bend of the Gila Map as ``Proposed Resource Protection Area'' shall be prohibited. 4. ESTABLISHMENT OF WILDERNESS. 1132 note; Public Law 101-628) to the effective date of that Act shall be considered to be a reference to the date of the enactment of this Act. 5. MAPS AND LEGAL DESCRIPTIONS. 6. MANAGEMENT OF CONSERVATION AREAS AND WILDERNESS AREAS. (3) Incorporation of recommendations.-- (A) In general.--In developing a management plan under this subsection, the Secretary shall carefully and fully consider incorporating the traditional, historical, and cultural knowledge and Native knowledge of the applicable Tribal commission, if the Tribal commission submits such information to the Secretary as written recommendations. (B) Limitation.--Any closure pursuant to subparagraph (A) shall be made to affect the smallest practicable area for the minimum period of time necessary for such purposes. (C) The Red Rock Canyon Wilderness. (D) PLO 1015 lands. (3) Incorporation in conservation areas.--Land acquired under paragraph (1) or paragraph (2) shall-- (A) become part of the appropriate Conservation Area and, if within the Wilderness Areas, the appropriate wilderness area; and (B) be managed in accordance with this Act and any other applicable laws. (h) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to the management of fish and wildlife in the State. (i) Water Rights.--Nothing in this Act-- (1) shall constitute either an express or implied reservation by the United States of any water rights for the Conservation Areas; (2) affects the use or allocation, in existence on the date of the enactment of this Act, of any water, water right, or interest in water; (3) affects any interstate water compact in existence on the date of the enactment of this section; or (4) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act. 1133(d)(4)). (3) Coordination.--The Secretary shall coordinate the management of nonnative invasive species within the Conservation Areas with the Flood Control District of Maricopa County and neighboring communities. (l) Military Overflights.--Nothing in this Act restricts or precludes-- (1) low-level overflights of military aircraft over the Conservation Areas, including military overflights that can be seen or heard within the Conservation Areas; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes over the Conservation Areas. (2) Activities and uses.--The fact that activities or uses can be seen or heard from areas within the Conservation Areas shall not preclude the conduct of the activities or uses outside the boundary of the Conservation Areas. 7. NATIVE AMERICAN RIGHTS AND USES. 8. TRIBAL COMMISSION. (c) Membership.-- (1) Composition.--The Tribal commission shall consist of the representatives designated by each interested Indian Tribe with a historical association with the land within the boundaries of the Conservation Areas, with a maximum of 1 representative per interested Indian Tribe. App.) SEC. 9. SELF-DETERMINATION CONTRACTS. 1531 et seq. ); (C) the National Environmental Policy Act of 1969 (42 U.S.C. ); (D) any other applicable Federal environmental law (including regulations); or (E) the Wilderness Act (16 U.S.C. (c) Tribal Assistance.--The Secretary may provide technical and financial assistance to an Indian Tribe in accordance with section 103 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

H.R.2073

Health

Appalachian Communities Health Emergency Act or the ACHE Act This bill places restrictions and requirements on certain mining projects until the Department of Health and Human Services (HHS) determines whether such projects pose risks to human health. The bill applies to mountaintop-removal coal mining projects that use blasting with explosives in the steep slope regions of Kentucky, Tennessee, Virginia, and West Virginia. Specifically, the bill requires the National Institute of Environmental Health Sciences to conduct or support studies on the health impacts of mountaintop-removal coal mining projects on individuals in the surrounding communities. HHS must use these studies when making its determination on whether such mining presents any health risks to those individuals. Until HHS makes its determination, entities carrying out such mining must monitor levels of soil, water, air, and noise pollution. HHS must make the results of this monitoring publicly available. In addition, specified agencies may not issue permits for any mountaintop-removal coal mining project or expansion unless HHS determines that such mining does not present any health risk to individuals in the surrounding communities. The Office of Surface Mining Reclamation and Enforcement of the Department of the Interior must assess a one-time fee upon existing mining projects. The fee must cover the federal cost of the studies and pollution monitoring required by the bill.

To place a moratorium on permitting for mountaintop removal coal mining until health studies are conducted by the Department of Health and Human Services, 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 ``Appalachian Communities Health Emergency Act'' or the ``ACHE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Communities surrounding mountaintop removal coal mining projects, which involve surface coal mining including blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia, have raised concerns that pollution of the water, air, and soil that results from mountaintop removal coal mining may be causing health crises in their communities. (2) Peer-reviewed scientific research and reports have raised serious concerns about mountaintop removal mining with respect to elevated risks in categories of birth defects studied: circulatory, respiratory, central nervous system, musculoskeletal, and gastrointestinal. (3) Mountaintop removal coal mining has also been associated with elevated levels of adult hospitalizations for chronic pulmonary disorders and hypertension that are elevated as a function of county-level coal production, as are rates of mortality; lung cancer; and chronic heart, lung, and kidney disease. These health problems strike both women and men in mountaintop removal coal mining communities. These elevated levels of disease, defects, and mortality persist even after controlling for other variables. (4) Initial scientific evidence, and the level of public concern, warrant immediate action to stop new mountaintop removal coal mining permits and increase environmental and human health monitoring at existing mountaintop removal coal mining projects while the reported links between health effects and mountaintop removal coal mining are investigated by Federal health agencies. (5) The National Institute of Environmental Health Sciences is uniquely qualified to manage a working group of Federal health agencies with expertise that is relevant to study of the reported links. SEC. 3. HEALTH STUDIES. (a) Studies.--The Director of the National Institute of Environmental Health Sciences, in consultation with the Administrator of the Environmental Protection Agency and the heads of such other Federal departments and agencies as the Director deems appropriate, shall-- (1) conduct or support comprehensive studies on the health impacts, if any, of mountaintop removal coal mining on individuals in the surrounding communities; and (2) submit to the Secretary, and make publicly available, a report on the results of such studies. (b) Determination.--Upon receipt of the report under subsection (a)(2), the Secretary of Health and Human Services shall publish a determination on whether mountaintop removal coal mining presents any health risks to individuals in the surrounding communities. SEC. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT MORATORIUM. Until and unless the Secretary of Health and Human Services publishes a determination under section 3(b) concluding that mountaintop removal coal mining does not present any health risk to individuals in the surrounding communities, a permit or other authorization may not be issued for any mountaintop removal coal mining project, or for any expansion of such a project, by-- (1) the Secretary of the Army, acting through the Chief of Engineers, or a State, under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). SEC. 5. MOUNTAINTOP REMOVAL COAL MINING CONTINUOUS HEALTH AND ENVIRONMENTAL MONITORING. (a) Requirement.--Until the Secretary of Health and Human Services publishes a determination under section 3(b)-- (1) any person conducting a mountaintop removal coal mining project shall-- (A) conduct continuous monitoring for any pollution of water and air (including noise) and frequent monitoring of soil as a result of such project for the purposes of comprehensively-- (i) characterizing any pollution emitted from the project; and (ii) identifying ways in which members of affected communities might be exposed to these emissions; and (B) submit the results of such monitoring to the Secretary on a monthly basis; and (2) the Secretary shall make such results available to the public through the World Wide Web in a searchable database format not later than 7 days after the date on which the Secretary receives such results. (b) Enforcement.--If a person conducting a mountaintop removal coal mining project fails to conduct monitoring and submit results in connection with such project as required by subsection (a), a permit or other authorization may not be issued for the mountaintop removal coal mining project, or for an expansion of such project, by-- (1) the Secretary of the Army, acting through the Chief of Engineers, or a State, under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). SEC. 6. FEE TO PAY FOR HEALTH STUDIES AND MONITORING. (a) Collection and Assessment.--The President, acting through the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, shall assess and collect from each person that, as of the date of the enactment of this Act, is conducting a mountaintop removal coal mining project in the United States a one-time fee in an amount sufficient to recover the Federal cost of implementing sections 3 and 5. (b) Use of Fee.--Amounts received by the United States as a fee under this section may be used, to the extent and in the amount provided in advance in appropriations Acts, only to pay the Federal cost of carrying out sections 3 and 5. SEC. 7. DEFINITIONS. In this Act-- (1) the term ``mountaintop removal coal mining'' means surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia; and (2) the term ``steep slope'' has the meaning that term has under section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1265(d)(4)). <all>

ACHE Act

To place a moratorium on permitting for mountaintop removal coal mining until health studies are conducted by the Department of Health and Human Services, and for other purposes.

ACHE Act Appalachian Communities Health Emergency Act

Rep. Yarmuth, John A.

D

KY

This bill places restrictions and requirements on certain mining projects until the Department of Health and Human Services (HHS) determines whether such projects pose risks to human health. The bill applies to mountaintop-removal coal mining projects that use blasting with explosives in the steep slope regions of Kentucky, Tennessee, Virginia, and West Virginia. Specifically, the bill requires the National Institute of Environmental Health Sciences to conduct or support studies on the health impacts of mountaintop-removal coal mining projects on individuals in the surrounding communities. HHS must use these studies when making its determination on whether such mining presents any health risks to those individuals. Until HHS makes its determination, entities carrying out such mining must monitor levels of soil, water, air, and noise pollution. HHS must make the results of this monitoring publicly available. In addition, specified agencies may not issue permits for any mountaintop-removal coal mining project or expansion unless HHS determines that such mining does not present any health risk to individuals in the surrounding communities. The Office of Surface Mining Reclamation and Enforcement of the Department of the Interior must assess a one-time fee upon existing mining projects. The fee must cover the federal cost of the studies and pollution monitoring required by the bill.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. (2) Peer-reviewed scientific research and reports have raised serious concerns about mountaintop removal mining with respect to elevated risks in categories of birth defects studied: circulatory, respiratory, central nervous system, musculoskeletal, and gastrointestinal. (3) Mountaintop removal coal mining has also been associated with elevated levels of adult hospitalizations for chronic pulmonary disorders and hypertension that are elevated as a function of county-level coal production, as are rates of mortality; lung cancer; and chronic heart, lung, and kidney disease. These elevated levels of disease, defects, and mortality persist even after controlling for other variables. (5) The National Institute of Environmental Health Sciences is uniquely qualified to manage a working group of Federal health agencies with expertise that is relevant to study of the reported links. 3. HEALTH STUDIES. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT MORATORIUM. 5. (a) Requirement.--Until the Secretary of Health and Human Services publishes a determination under section 3(b)-- (1) any person conducting a mountaintop removal coal mining project shall-- (A) conduct continuous monitoring for any pollution of water and air (including noise) and frequent monitoring of soil as a result of such project for the purposes of comprehensively-- (i) characterizing any pollution emitted from the project; and (ii) identifying ways in which members of affected communities might be exposed to these emissions; and (B) submit the results of such monitoring to the Secretary on a monthly basis; and (2) the Secretary shall make such results available to the public through the World Wide Web in a searchable database format not later than 7 days after the date on which the Secretary receives such results. 1344); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 6. (b) Use of Fee.--Amounts received by the United States as a fee under this section may be used, to the extent and in the amount provided in advance in appropriations Acts, only to pay the Federal cost of carrying out sections 3 and 5. SEC. DEFINITIONS. In this Act-- (1) the term ``mountaintop removal coal mining'' means surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia; and (2) the term ``steep slope'' has the meaning that term has under section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.

SHORT TITLE. 2. FINDINGS. (2) Peer-reviewed scientific research and reports have raised serious concerns about mountaintop removal mining with respect to elevated risks in categories of birth defects studied: circulatory, respiratory, central nervous system, musculoskeletal, and gastrointestinal. These elevated levels of disease, defects, and mortality persist even after controlling for other variables. 3. HEALTH STUDIES. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT MORATORIUM. 5. (a) Requirement.--Until the Secretary of Health and Human Services publishes a determination under section 3(b)-- (1) any person conducting a mountaintop removal coal mining project shall-- (A) conduct continuous monitoring for any pollution of water and air (including noise) and frequent monitoring of soil as a result of such project for the purposes of comprehensively-- (i) characterizing any pollution emitted from the project; and (ii) identifying ways in which members of affected communities might be exposed to these emissions; and (B) submit the results of such monitoring to the Secretary on a monthly basis; and (2) the Secretary shall make such results available to the public through the World Wide Web in a searchable database format not later than 7 days after the date on which the Secretary receives such results. 1344); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 6. (b) Use of Fee.--Amounts received by the United States as a fee under this section may be used, to the extent and in the amount provided in advance in appropriations Acts, only to pay the Federal cost of carrying out sections 3 and 5. SEC. DEFINITIONS. In this Act-- (1) the term ``mountaintop removal coal mining'' means surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia; and (2) the term ``steep slope'' has the meaning that term has under section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.

To place a moratorium on permitting for mountaintop removal coal mining until health studies are conducted by the Department of Health and Human Services, 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 ``Appalachian Communities Health Emergency Act'' or the ``ACHE Act''. 2. FINDINGS. (2) Peer-reviewed scientific research and reports have raised serious concerns about mountaintop removal mining with respect to elevated risks in categories of birth defects studied: circulatory, respiratory, central nervous system, musculoskeletal, and gastrointestinal. (3) Mountaintop removal coal mining has also been associated with elevated levels of adult hospitalizations for chronic pulmonary disorders and hypertension that are elevated as a function of county-level coal production, as are rates of mortality; lung cancer; and chronic heart, lung, and kidney disease. These health problems strike both women and men in mountaintop removal coal mining communities. These elevated levels of disease, defects, and mortality persist even after controlling for other variables. (5) The National Institute of Environmental Health Sciences is uniquely qualified to manage a working group of Federal health agencies with expertise that is relevant to study of the reported links. 3. HEALTH STUDIES. (b) Determination.--Upon receipt of the report under subsection (a)(2), the Secretary of Health and Human Services shall publish a determination on whether mountaintop removal coal mining presents any health risks to individuals in the surrounding communities. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT MORATORIUM. 5. (a) Requirement.--Until the Secretary of Health and Human Services publishes a determination under section 3(b)-- (1) any person conducting a mountaintop removal coal mining project shall-- (A) conduct continuous monitoring for any pollution of water and air (including noise) and frequent monitoring of soil as a result of such project for the purposes of comprehensively-- (i) characterizing any pollution emitted from the project; and (ii) identifying ways in which members of affected communities might be exposed to these emissions; and (B) submit the results of such monitoring to the Secretary on a monthly basis; and (2) the Secretary shall make such results available to the public through the World Wide Web in a searchable database format not later than 7 days after the date on which the Secretary receives such results. (b) Enforcement.--If a person conducting a mountaintop removal coal mining project fails to conduct monitoring and submit results in connection with such project as required by subsection (a), a permit or other authorization may not be issued for the mountaintop removal coal mining project, or for an expansion of such project, by-- (1) the Secretary of the Army, acting through the Chief of Engineers, or a State, under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 6. (a) Collection and Assessment.--The President, acting through the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, shall assess and collect from each person that, as of the date of the enactment of this Act, is conducting a mountaintop removal coal mining project in the United States a one-time fee in an amount sufficient to recover the Federal cost of implementing sections 3 and 5. (b) Use of Fee.--Amounts received by the United States as a fee under this section may be used, to the extent and in the amount provided in advance in appropriations Acts, only to pay the Federal cost of carrying out sections 3 and 5. SEC. DEFINITIONS. In this Act-- (1) the term ``mountaintop removal coal mining'' means surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia; and (2) the term ``steep slope'' has the meaning that term has under section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1265(d)(4)).

To place a moratorium on permitting for mountaintop removal coal mining until health studies are conducted by the Department of Health and Human Services, 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 ``Appalachian Communities Health Emergency Act'' or the ``ACHE Act''. 2. FINDINGS. Congress finds the following: (1) Communities surrounding mountaintop removal coal mining projects, which involve surface coal mining including blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia, have raised concerns that pollution of the water, air, and soil that results from mountaintop removal coal mining may be causing health crises in their communities. (2) Peer-reviewed scientific research and reports have raised serious concerns about mountaintop removal mining with respect to elevated risks in categories of birth defects studied: circulatory, respiratory, central nervous system, musculoskeletal, and gastrointestinal. (3) Mountaintop removal coal mining has also been associated with elevated levels of adult hospitalizations for chronic pulmonary disorders and hypertension that are elevated as a function of county-level coal production, as are rates of mortality; lung cancer; and chronic heart, lung, and kidney disease. These health problems strike both women and men in mountaintop removal coal mining communities. These elevated levels of disease, defects, and mortality persist even after controlling for other variables. (4) Initial scientific evidence, and the level of public concern, warrant immediate action to stop new mountaintop removal coal mining permits and increase environmental and human health monitoring at existing mountaintop removal coal mining projects while the reported links between health effects and mountaintop removal coal mining are investigated by Federal health agencies. (5) The National Institute of Environmental Health Sciences is uniquely qualified to manage a working group of Federal health agencies with expertise that is relevant to study of the reported links. 3. HEALTH STUDIES. (a) Studies.--The Director of the National Institute of Environmental Health Sciences, in consultation with the Administrator of the Environmental Protection Agency and the heads of such other Federal departments and agencies as the Director deems appropriate, shall-- (1) conduct or support comprehensive studies on the health impacts, if any, of mountaintop removal coal mining on individuals in the surrounding communities; and (2) submit to the Secretary, and make publicly available, a report on the results of such studies. (b) Determination.--Upon receipt of the report under subsection (a)(2), the Secretary of Health and Human Services shall publish a determination on whether mountaintop removal coal mining presents any health risks to individuals in the surrounding communities. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT MORATORIUM. 5. (a) Requirement.--Until the Secretary of Health and Human Services publishes a determination under section 3(b)-- (1) any person conducting a mountaintop removal coal mining project shall-- (A) conduct continuous monitoring for any pollution of water and air (including noise) and frequent monitoring of soil as a result of such project for the purposes of comprehensively-- (i) characterizing any pollution emitted from the project; and (ii) identifying ways in which members of affected communities might be exposed to these emissions; and (B) submit the results of such monitoring to the Secretary on a monthly basis; and (2) the Secretary shall make such results available to the public through the World Wide Web in a searchable database format not later than 7 days after the date on which the Secretary receives such results. (b) Enforcement.--If a person conducting a mountaintop removal coal mining project fails to conduct monitoring and submit results in connection with such project as required by subsection (a), a permit or other authorization may not be issued for the mountaintop removal coal mining project, or for an expansion of such project, by-- (1) the Secretary of the Army, acting through the Chief of Engineers, or a State, under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 6. (a) Collection and Assessment.--The President, acting through the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, shall assess and collect from each person that, as of the date of the enactment of this Act, is conducting a mountaintop removal coal mining project in the United States a one-time fee in an amount sufficient to recover the Federal cost of implementing sections 3 and 5. (b) Use of Fee.--Amounts received by the United States as a fee under this section may be used, to the extent and in the amount provided in advance in appropriations Acts, only to pay the Federal cost of carrying out sections 3 and 5. SEC. DEFINITIONS. In this Act-- (1) the term ``mountaintop removal coal mining'' means surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia; and (2) the term ``steep slope'' has the meaning that term has under section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1265(d)(4)).

H.R.3403

Government Operations and Politics

See the Crisis Act This bill limits international travel by the Vice President until after certain activities are undertaken regarding the southwest border. Specifically, the bill prohibits the obligation or expenditure of federal funds for the Vice President's travel expenses to travel outside of the United States until the Vice President (1) personally travels to at least one of several specified counties along the border to review the activities of federal agencies responsible for enforcing and implementing immigration laws, and (2) submits a report relating to the situation at the border.

To limit travel by the Vice President until after certain activities are undertaken with respect to the southwest border, 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 ``See the Crisis Act''. SEC. 2. LIMITATION ON FEDERAL FUNDS FOR VICE PRESIDENT INTERNATIONAL TRAVEL. No Federal funds may be obligated or expended for the travel expenses of the Vice President to travel outside of the United States until on or after the date that each of the following conditions are met: (1) The Vice President personally travels to at least one of the counties listed in section 15732 of title 40, United States Code, to review the activities of the Department of Homeland Security and other Federal agencies responsible for enforcing and implementing immigration laws. (2) The Vice President submits the report described under section 3. SEC. 3. REPORT. Not later than 30 days after the date of enactment of this Act, the Vice President shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report that includes-- (1) a detailed list of the Federal agencies and local supporting law enforcement offices with which the Vice President has met in person on location at a southwest border facility operated by U.S. Customs and Border Protection or at a Border Patrol Duty Location in the Big Bend Sector Texas, Del Rio Sector Texas, El Centro Sector California, El Paso Sector Texas, Laredo Sector Texas, Rio Grande Valley Sector Texas, San Diego Sector California, Tucson Sector Arizona, or the Yuma Sector Arizona, relating to the current crisis at the southwest border since January 20, 2021; (2) any plans the Vice President has to visit the crisis at the southwest border after the date such report is submitted; and (3) the estimated amount of funds the Vice President or any other Federal agency intends to offer Guatemala, Honduras, El Salvador, and Mexico as part of an international aid package relating to the immigration and humanitarian crisis at the southwest border. <all>

See the Crisis Act

To limit travel by the Vice President until after certain activities are undertaken with respect to the southwest border, and for other purposes.

See the Crisis Act

Rep. Hinson, Ashley

R

IA

This bill limits international travel by the Vice President until after certain activities are undertaken regarding the southwest border. Specifically, the bill prohibits the obligation or expenditure of federal funds for the Vice President's travel expenses to travel outside of the United States until the Vice President (1) personally travels to at least one of several specified counties along the border to review the activities of federal agencies responsible for enforcing and implementing immigration laws, and (2) submits a report relating to the situation at the border.

To limit travel by the Vice President until after certain activities are undertaken with respect to the southwest border, 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 ``See the Crisis Act''. SEC. 2. LIMITATION ON FEDERAL FUNDS FOR VICE PRESIDENT INTERNATIONAL TRAVEL. No Federal funds may be obligated or expended for the travel expenses of the Vice President to travel outside of the United States until on or after the date that each of the following conditions are met: (1) The Vice President personally travels to at least one of the counties listed in section 15732 of title 40, United States Code, to review the activities of the Department of Homeland Security and other Federal agencies responsible for enforcing and implementing immigration laws. (2) The Vice President submits the report described under section 3. SEC. 3. REPORT. Not later than 30 days after the date of enactment of this Act, the Vice President shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report that includes-- (1) a detailed list of the Federal agencies and local supporting law enforcement offices with which the Vice President has met in person on location at a southwest border facility operated by U.S. Customs and Border Protection or at a Border Patrol Duty Location in the Big Bend Sector Texas, Del Rio Sector Texas, El Centro Sector California, El Paso Sector Texas, Laredo Sector Texas, Rio Grande Valley Sector Texas, San Diego Sector California, Tucson Sector Arizona, or the Yuma Sector Arizona, relating to the current crisis at the southwest border since January 20, 2021; (2) any plans the Vice President has to visit the crisis at the southwest border after the date such report is submitted; and (3) the estimated amount of funds the Vice President or any other Federal agency intends to offer Guatemala, Honduras, El Salvador, and Mexico as part of an international aid package relating to the immigration and humanitarian crisis at the southwest border. <all>

To limit travel by the Vice President until after certain activities are undertaken with respect to the southwest border, 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 ``See the Crisis Act''. SEC. 2. LIMITATION ON FEDERAL FUNDS FOR VICE PRESIDENT INTERNATIONAL TRAVEL. No Federal funds may be obligated or expended for the travel expenses of the Vice President to travel outside of the United States until on or after the date that each of the following conditions are met: (1) The Vice President personally travels to at least one of the counties listed in section 15732 of title 40, United States Code, to review the activities of the Department of Homeland Security and other Federal agencies responsible for enforcing and implementing immigration laws. (2) The Vice President submits the report described under section 3. SEC. 3. REPORT. Not later than 30 days after the date of enactment of this Act, the Vice President shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report that includes-- (1) a detailed list of the Federal agencies and local supporting law enforcement offices with which the Vice President has met in person on location at a southwest border facility operated by U.S. Customs and Border Protection or at a Border Patrol Duty Location in the Big Bend Sector Texas, Del Rio Sector Texas, El Centro Sector California, El Paso Sector Texas, Laredo Sector Texas, Rio Grande Valley Sector Texas, San Diego Sector California, Tucson Sector Arizona, or the Yuma Sector Arizona, relating to the current crisis at the southwest border since January 20, 2021; (2) any plans the Vice President has to visit the crisis at the southwest border after the date such report is submitted; and (3) the estimated amount of funds the Vice President or any other Federal agency intends to offer Guatemala, Honduras, El Salvador, and Mexico as part of an international aid package relating to the immigration and humanitarian crisis at the southwest border. <all>

To limit travel by the Vice President until after certain activities are undertaken with respect to the southwest border, 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 ``See the Crisis Act''. SEC. 2. LIMITATION ON FEDERAL FUNDS FOR VICE PRESIDENT INTERNATIONAL TRAVEL. No Federal funds may be obligated or expended for the travel expenses of the Vice President to travel outside of the United States until on or after the date that each of the following conditions are met: (1) The Vice President personally travels to at least one of the counties listed in section 15732 of title 40, United States Code, to review the activities of the Department of Homeland Security and other Federal agencies responsible for enforcing and implementing immigration laws. (2) The Vice President submits the report described under section 3. SEC. 3. REPORT. Not later than 30 days after the date of enactment of this Act, the Vice President shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report that includes-- (1) a detailed list of the Federal agencies and local supporting law enforcement offices with which the Vice President has met in person on location at a southwest border facility operated by U.S. Customs and Border Protection or at a Border Patrol Duty Location in the Big Bend Sector Texas, Del Rio Sector Texas, El Centro Sector California, El Paso Sector Texas, Laredo Sector Texas, Rio Grande Valley Sector Texas, San Diego Sector California, Tucson Sector Arizona, or the Yuma Sector Arizona, relating to the current crisis at the southwest border since January 20, 2021; (2) any plans the Vice President has to visit the crisis at the southwest border after the date such report is submitted; and (3) the estimated amount of funds the Vice President or any other Federal agency intends to offer Guatemala, Honduras, El Salvador, and Mexico as part of an international aid package relating to the immigration and humanitarian crisis at the southwest border. <all>

To limit travel by the Vice President until after certain activities are undertaken with respect to the southwest border, 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 ``See the Crisis Act''. SEC. 2. LIMITATION ON FEDERAL FUNDS FOR VICE PRESIDENT INTERNATIONAL TRAVEL. No Federal funds may be obligated or expended for the travel expenses of the Vice President to travel outside of the United States until on or after the date that each of the following conditions are met: (1) The Vice President personally travels to at least one of the counties listed in section 15732 of title 40, United States Code, to review the activities of the Department of Homeland Security and other Federal agencies responsible for enforcing and implementing immigration laws. (2) The Vice President submits the report described under section 3. SEC. 3. REPORT. Not later than 30 days after the date of enactment of this Act, the Vice President shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report that includes-- (1) a detailed list of the Federal agencies and local supporting law enforcement offices with which the Vice President has met in person on location at a southwest border facility operated by U.S. Customs and Border Protection or at a Border Patrol Duty Location in the Big Bend Sector Texas, Del Rio Sector Texas, El Centro Sector California, El Paso Sector Texas, Laredo Sector Texas, Rio Grande Valley Sector Texas, San Diego Sector California, Tucson Sector Arizona, or the Yuma Sector Arizona, relating to the current crisis at the southwest border since January 20, 2021; (2) any plans the Vice President has to visit the crisis at the southwest border after the date such report is submitted; and (3) the estimated amount of funds the Vice President or any other Federal agency intends to offer Guatemala, Honduras, El Salvador, and Mexico as part of an international aid package relating to the immigration and humanitarian crisis at the southwest border. <all>

H.R.170

Emergency Management

Analyzing Disaster Vulnerabilities and Applicable National Capabilities for Emergencies Act or the ADVANCE Act This bill directs the Department of Homeland Security (DHS) to conduct national hazard preparation and response exercises and to report to Congress on such exercises and to report annually on the impact of natural disasters or public health emergencies on critical infrastructure. Specifically, DHS, in coordination with the Department of Energy (DOE), must at specified intervals conduct an exercise to test the modeling, simulation, and analysis capabilities and their utility for emergency response of the United States with respect to significant natural disasters or public health emergencies impacting critical infrastructure. Each exercise shall be coordinated through the National Infrastructure Simulation and Analysis Center and the DOE National Laboratories and Technology Centers.

To direct the Secretary of Homeland Security to establish national hazard preparation and response exercises, 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 ``Analyzing Disaster Vulnerabilites and Applicable National Capabilities for Emergencies Act'' or the ``ADVANCE Act''. SEC. 2. NATIONAL HAZARD PREPARATION AND RESPONSE EXERCISES. (a) Requirement.--Not later than 180 days after the date of the enactment of this Act and not less frequently than twice every year thereafter, the Secretary, in coordination with the Secretary of Energy, shall conduct an exercise to test the modeling, simulation, and analysis capabilities and their utility for emergency response of the United States with respect to significant natural disasters or public health emergencies impacting critical infrastructure. (b) Planning and Preparation.--Each exercise under paragraph (1) shall be coordinated through NISAC and the National Laboratories. (c) Participants.-- (1) Federal government participants.--The following shall participate in each exercise under subsection (a): (A) Relevant interagency partners, as determined by the Secretary. (B) Senior leader representatives from sector- specific agencies, as determined by the Secretary. (2) State and local governments.--The Secretary shall invite representatives from State and local governments to participate in the exercises under subsection (a) if the Secretary determines such participation to be appropriate. (d) Elements.--Each exercise under subsection (a) shall include the following elements: (1) Testing the capability of NISAC to perform modeling, simulation, and analysis to inform the significant natural disaster and public health emergency response of the United States with respect to impact on critical infrastructure, including the outbreak of infectious diseases, extreme weather events, or the overlapping combination of such outbreak or such weather event. (2) Testing of the relevant policy, guidance, and doctrine. (3) Testing of the information-sharing needs and systems. (4) Testing the coordination between Federal, State, and local governments. (e) Report.-- (1) In general.--Not later than 60 days after the date on which each exercise under subsection (a) is conducted, the Secretary shall submit to the appropriate congressional committees a report on each such exercise. (2) Matters included.--The report required under paragraph (1) shall include information relating to the following: (A) A list of the entities participating in an exercise required under subsection (a). (B) An assessment of overall performance during such an exercise. (C) A description of lessons learned from such an exercise, including-- (i) gaps and limitations that require improvement; and (ii) recommendations with respect to planned changes to training. SEC. 3. ANNUAL REPORT TO CONGRESS RELATING TO THE IMPACT OF NATURAL DISASTERS OR PUBLIC HEALTH EMERGENCIES WITH RESPECT TO CRITICAL INFRASTRUCTURE. (a) In General.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report describing the impact of natural disasters and public health emergencies with respect to critical infrastructure. (b) Matters Included.--The report required under paragraph (1) shall include information relating to the following: (1) An assessment of the most concerning threats to critical infrastructure from natural disasters or public health emergencies, including the severity and probability of a threat to each critical infrastructure from each type of natural disaster. (2) An assessment relating to short-term and long-term damage that may result to each critical infrastructure from each type of natural disaster or public health emergency. (3) A description of the modeling tools and human capacity of NISAC to be utilized to inform emergency preparedness, and any changes to such tools and capacity since the previous report. (4) An assessment of modeling tools that may best inform the Federal Government with respect to cascading effects on infrastructure, transportation, public health, and the economy. (5) Recommendations of modeling, simulation, and training opportunities that may require further investment and maturation with respect to additional consultation and analysis, including-- (A) DHS-CISA-NRMC and peer review; (B) interagency consultation, as appropriate; (C) cost-effectiveness; and (D) consideration of the tools that can best inform the United States government understanding of cascading effects on infrastructure, transportation, the economy, and public health. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Committee on Environment and Public Works of the Senate. (2) CISA.--The term ``CISA'' means the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (3) Critical infrastructure.-- The term ``critical infrastructure'' has the meaning given that term in section 5195c(e) of title 42, United States Code. (4) DHS.--The term ``DHS'' means the Department of Homeland Security. (5) National laboratories.--The term ``National Laboratories'' means the United States Department of Energy National Laboratories and Technology Centers. (6) NISAC.--The term ``NISAC'' means the National Infrastructure Simulation and Analysis Center. (7) NRMC.--The term ``NRMC'' means the National Risk Management Center of the Cybersecurity and Infrastructure Security Agency. (8) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (9) Sector-specific agency.--The term ``sector-specific agency'' has the meaning given the term ``Sector-Specific Agency'' in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 651). (10) State.--The term ``State'' has the meaning given the term in section 311 of title 5, United States Code. <all>

ADVANCE Act

To direct the Secretary of Homeland Security to establish national hazard preparation and response exercises, and for other purposes.

ADVANCE Act Analyzing Disaster Vulnerabilites and Applicable National Capabilities for Emergencies Act

Rep. Spanberger, Abigail Davis

D

VA

This bill directs the Department of Homeland Security (DHS) to conduct national hazard preparation and response exercises and to report to Congress on such exercises and to report annually on the impact of natural disasters or public health emergencies on critical infrastructure. Specifically, DHS, in coordination with the Department of Energy (DOE), must at specified intervals conduct an exercise to test the modeling, simulation, and analysis capabilities and their utility for emergency response of the United States with respect to significant natural disasters or public health emergencies impacting critical infrastructure. Each exercise shall be coordinated through the National Infrastructure Simulation and Analysis Center and the DOE National Laboratories and Technology Centers.

SHORT TITLE. 2. NATIONAL HAZARD PREPARATION AND RESPONSE EXERCISES. (c) Participants.-- (1) Federal government participants.--The following shall participate in each exercise under subsection (a): (A) Relevant interagency partners, as determined by the Secretary. (d) Elements.--Each exercise under subsection (a) shall include the following elements: (1) Testing the capability of NISAC to perform modeling, simulation, and analysis to inform the significant natural disaster and public health emergency response of the United States with respect to impact on critical infrastructure, including the outbreak of infectious diseases, extreme weather events, or the overlapping combination of such outbreak or such weather event. (2) Testing of the relevant policy, guidance, and doctrine. (3) Testing of the information-sharing needs and systems. (4) Testing the coordination between Federal, State, and local governments. (e) Report.-- (1) In general.--Not later than 60 days after the date on which each exercise under subsection (a) is conducted, the Secretary shall submit to the appropriate congressional committees a report on each such exercise. (2) Matters included.--The report required under paragraph (1) shall include information relating to the following: (A) A list of the entities participating in an exercise required under subsection (a). (B) An assessment of overall performance during such an exercise. 3. ANNUAL REPORT TO CONGRESS RELATING TO THE IMPACT OF NATURAL DISASTERS OR PUBLIC HEALTH EMERGENCIES WITH RESPECT TO CRITICAL INFRASTRUCTURE. (3) A description of the modeling tools and human capacity of NISAC to be utilized to inform emergency preparedness, and any changes to such tools and capacity since the previous report. (5) Recommendations of modeling, simulation, and training opportunities that may require further investment and maturation with respect to additional consultation and analysis, including-- (A) DHS-CISA-NRMC and peer review; (B) interagency consultation, as appropriate; (C) cost-effectiveness; and (D) consideration of the tools that can best inform the United States government understanding of cascading effects on infrastructure, transportation, the economy, and public health. SEC. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Committee on Environment and Public Works of the Senate. (5) National laboratories.--The term ``National Laboratories'' means the United States Department of Energy National Laboratories and Technology Centers. (6) NISAC.--The term ``NISAC'' means the National Infrastructure Simulation and Analysis Center. (8) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (9) Sector-specific agency.--The term ``sector-specific agency'' has the meaning given the term ``Sector-Specific Agency'' in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 651).

SHORT TITLE. 2. NATIONAL HAZARD PREPARATION AND RESPONSE EXERCISES. (4) Testing the coordination between Federal, State, and local governments. (e) Report.-- (1) In general.--Not later than 60 days after the date on which each exercise under subsection (a) is conducted, the Secretary shall submit to the appropriate congressional committees a report on each such exercise. (2) Matters included.--The report required under paragraph (1) shall include information relating to the following: (A) A list of the entities participating in an exercise required under subsection (a). (B) An assessment of overall performance during such an exercise. 3. ANNUAL REPORT TO CONGRESS RELATING TO THE IMPACT OF NATURAL DISASTERS OR PUBLIC HEALTH EMERGENCIES WITH RESPECT TO CRITICAL INFRASTRUCTURE. (3) A description of the modeling tools and human capacity of NISAC to be utilized to inform emergency preparedness, and any changes to such tools and capacity since the previous report. (5) Recommendations of modeling, simulation, and training opportunities that may require further investment and maturation with respect to additional consultation and analysis, including-- (A) DHS-CISA-NRMC and peer review; (B) interagency consultation, as appropriate; (C) cost-effectiveness; and (D) consideration of the tools that can best inform the United States government understanding of cascading effects on infrastructure, transportation, the economy, and public health. SEC. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Committee on Environment and Public Works of the Senate. (5) National laboratories.--The term ``National Laboratories'' means the United States Department of Energy National Laboratories and Technology Centers. (6) NISAC.--The term ``NISAC'' means the National Infrastructure Simulation and Analysis Center. (8) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (9) Sector-specific agency.--The term ``sector-specific agency'' has the meaning given the term ``Sector-Specific Agency'' in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 651).

To direct the Secretary of Homeland Security to establish national hazard preparation and response exercises, 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 ``Analyzing Disaster Vulnerabilites and Applicable National Capabilities for Emergencies Act'' or the ``ADVANCE Act''. 2. NATIONAL HAZARD PREPARATION AND RESPONSE EXERCISES. (a) Requirement.--Not later than 180 days after the date of the enactment of this Act and not less frequently than twice every year thereafter, the Secretary, in coordination with the Secretary of Energy, shall conduct an exercise to test the modeling, simulation, and analysis capabilities and their utility for emergency response of the United States with respect to significant natural disasters or public health emergencies impacting critical infrastructure. (c) Participants.-- (1) Federal government participants.--The following shall participate in each exercise under subsection (a): (A) Relevant interagency partners, as determined by the Secretary. (B) Senior leader representatives from sector- specific agencies, as determined by the Secretary. (d) Elements.--Each exercise under subsection (a) shall include the following elements: (1) Testing the capability of NISAC to perform modeling, simulation, and analysis to inform the significant natural disaster and public health emergency response of the United States with respect to impact on critical infrastructure, including the outbreak of infectious diseases, extreme weather events, or the overlapping combination of such outbreak or such weather event. (2) Testing of the relevant policy, guidance, and doctrine. (3) Testing of the information-sharing needs and systems. (4) Testing the coordination between Federal, State, and local governments. (e) Report.-- (1) In general.--Not later than 60 days after the date on which each exercise under subsection (a) is conducted, the Secretary shall submit to the appropriate congressional committees a report on each such exercise. (2) Matters included.--The report required under paragraph (1) shall include information relating to the following: (A) A list of the entities participating in an exercise required under subsection (a). (B) An assessment of overall performance during such an exercise. (C) A description of lessons learned from such an exercise, including-- (i) gaps and limitations that require improvement; and (ii) recommendations with respect to planned changes to training. 3. ANNUAL REPORT TO CONGRESS RELATING TO THE IMPACT OF NATURAL DISASTERS OR PUBLIC HEALTH EMERGENCIES WITH RESPECT TO CRITICAL INFRASTRUCTURE. (b) Matters Included.--The report required under paragraph (1) shall include information relating to the following: (1) An assessment of the most concerning threats to critical infrastructure from natural disasters or public health emergencies, including the severity and probability of a threat to each critical infrastructure from each type of natural disaster. (3) A description of the modeling tools and human capacity of NISAC to be utilized to inform emergency preparedness, and any changes to such tools and capacity since the previous report. (5) Recommendations of modeling, simulation, and training opportunities that may require further investment and maturation with respect to additional consultation and analysis, including-- (A) DHS-CISA-NRMC and peer review; (B) interagency consultation, as appropriate; (C) cost-effectiveness; and (D) consideration of the tools that can best inform the United States government understanding of cascading effects on infrastructure, transportation, the economy, and public health. SEC. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Committee on Environment and Public Works of the Senate. (5) National laboratories.--The term ``National Laboratories'' means the United States Department of Energy National Laboratories and Technology Centers. (6) NISAC.--The term ``NISAC'' means the National Infrastructure Simulation and Analysis Center. (7) NRMC.--The term ``NRMC'' means the National Risk Management Center of the Cybersecurity and Infrastructure Security Agency. (8) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (9) Sector-specific agency.--The term ``sector-specific agency'' has the meaning given the term ``Sector-Specific Agency'' in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 651). (10) State.--The term ``State'' has the meaning given the term in section 311 of title 5, United States Code.

To direct the Secretary of Homeland Security to establish national hazard preparation and response exercises, 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 ``Analyzing Disaster Vulnerabilites and Applicable National Capabilities for Emergencies Act'' or the ``ADVANCE Act''. SEC. 2. NATIONAL HAZARD PREPARATION AND RESPONSE EXERCISES. (a) Requirement.--Not later than 180 days after the date of the enactment of this Act and not less frequently than twice every year thereafter, the Secretary, in coordination with the Secretary of Energy, shall conduct an exercise to test the modeling, simulation, and analysis capabilities and their utility for emergency response of the United States with respect to significant natural disasters or public health emergencies impacting critical infrastructure. (b) Planning and Preparation.--Each exercise under paragraph (1) shall be coordinated through NISAC and the National Laboratories. (c) Participants.-- (1) Federal government participants.--The following shall participate in each exercise under subsection (a): (A) Relevant interagency partners, as determined by the Secretary. (B) Senior leader representatives from sector- specific agencies, as determined by the Secretary. (2) State and local governments.--The Secretary shall invite representatives from State and local governments to participate in the exercises under subsection (a) if the Secretary determines such participation to be appropriate. (d) Elements.--Each exercise under subsection (a) shall include the following elements: (1) Testing the capability of NISAC to perform modeling, simulation, and analysis to inform the significant natural disaster and public health emergency response of the United States with respect to impact on critical infrastructure, including the outbreak of infectious diseases, extreme weather events, or the overlapping combination of such outbreak or such weather event. (2) Testing of the relevant policy, guidance, and doctrine. (3) Testing of the information-sharing needs and systems. (4) Testing the coordination between Federal, State, and local governments. (e) Report.-- (1) In general.--Not later than 60 days after the date on which each exercise under subsection (a) is conducted, the Secretary shall submit to the appropriate congressional committees a report on each such exercise. (2) Matters included.--The report required under paragraph (1) shall include information relating to the following: (A) A list of the entities participating in an exercise required under subsection (a). (B) An assessment of overall performance during such an exercise. (C) A description of lessons learned from such an exercise, including-- (i) gaps and limitations that require improvement; and (ii) recommendations with respect to planned changes to training. SEC. 3. ANNUAL REPORT TO CONGRESS RELATING TO THE IMPACT OF NATURAL DISASTERS OR PUBLIC HEALTH EMERGENCIES WITH RESPECT TO CRITICAL INFRASTRUCTURE. (a) In General.--Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report describing the impact of natural disasters and public health emergencies with respect to critical infrastructure. (b) Matters Included.--The report required under paragraph (1) shall include information relating to the following: (1) An assessment of the most concerning threats to critical infrastructure from natural disasters or public health emergencies, including the severity and probability of a threat to each critical infrastructure from each type of natural disaster. (2) An assessment relating to short-term and long-term damage that may result to each critical infrastructure from each type of natural disaster or public health emergency. (3) A description of the modeling tools and human capacity of NISAC to be utilized to inform emergency preparedness, and any changes to such tools and capacity since the previous report. (4) An assessment of modeling tools that may best inform the Federal Government with respect to cascading effects on infrastructure, transportation, public health, and the economy. (5) Recommendations of modeling, simulation, and training opportunities that may require further investment and maturation with respect to additional consultation and analysis, including-- (A) DHS-CISA-NRMC and peer review; (B) interagency consultation, as appropriate; (C) cost-effectiveness; and (D) consideration of the tools that can best inform the United States government understanding of cascading effects on infrastructure, transportation, the economy, and public health. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security, the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, and the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, and the Committee on Environment and Public Works of the Senate. (2) CISA.--The term ``CISA'' means the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (3) Critical infrastructure.-- The term ``critical infrastructure'' has the meaning given that term in section 5195c(e) of title 42, United States Code. (4) DHS.--The term ``DHS'' means the Department of Homeland Security. (5) National laboratories.--The term ``National Laboratories'' means the United States Department of Energy National Laboratories and Technology Centers. (6) NISAC.--The term ``NISAC'' means the National Infrastructure Simulation and Analysis Center. (7) NRMC.--The term ``NRMC'' means the National Risk Management Center of the Cybersecurity and Infrastructure Security Agency. (8) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (9) Sector-specific agency.--The term ``sector-specific agency'' has the meaning given the term ``Sector-Specific Agency'' in section 2201 of the Homeland Security Act of 2002 (6 U.S.C. 651). (10) State.--The term ``State'' has the meaning given the term in section 311 of title 5, United States Code. <all>

H.R.5222

Education

Closing the College Hunger Gap Act of 2021 This bill requires the Department of Education (ED) to collect data on the food and housing insecurity of college students. Specifically, ED must add questions that measure rates of food and housing insecurity to the National Postsecondary Student Aid Study. In addition, ED must collect data on student eligibility under the Supplemental Nutrition Assistance Program (SNAP). ED must also provide students with contact information for the state agency that administers SNAP in their state.

To address food and housing insecurity on college campuses. 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 ``Closing the College Hunger Gap Act of 2021''. SEC. 2. QUESTIONS ON FOOD AND HOUSING INSECURITY IN NATIONAL POSTSECONDARY STUDENT AID STUDY. The Secretary of Education shall add questions that measure rates of food and housing insecurity to the National Postsecondary Student Aid Study. SEC. 3. INFORMATION ON SNAP ELIGIBILITY. (a) In General.--Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following: ``(i) Information on SNAP Eligibility.-- ``(1) In general.--For each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides. ``(2) Students.--A student is described in this paragraph if the student has an expected family contribution equal to zero for the year.''. (b) Consultation.--The Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as described in section 483(i) of the Higher Education Act of 1965 (20 U.S.C. 1090(i)). SEC. 4. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect 120 days after the date of enactment of this Act. <all>

Closing the College Hunger Gap Act of 2021

To address food and housing insecurity on college campuses.

Closing the College Hunger Gap Act of 2021

Rep. Hayes, Jahana

D

CT

This bill requires the Department of Education (ED) to collect data on the food and housing insecurity of college students. Specifically, ED must add questions that measure rates of food and housing insecurity to the National Postsecondary Student Aid Study. In addition, ED must collect data on student eligibility under the Supplemental Nutrition Assistance Program (SNAP). ED must also provide students with contact information for the state agency that administers SNAP in their state.

To address food and housing insecurity on college campuses. 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 ``Closing the College Hunger Gap Act of 2021''. SEC. 2. QUESTIONS ON FOOD AND HOUSING INSECURITY IN NATIONAL POSTSECONDARY STUDENT AID STUDY. The Secretary of Education shall add questions that measure rates of food and housing insecurity to the National Postsecondary Student Aid Study. SEC. 3. INFORMATION ON SNAP ELIGIBILITY. (a) In General.--Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following: ``(i) Information on SNAP Eligibility.-- ``(1) In general.--For each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides. ``(2) Students.--A student is described in this paragraph if the student has an expected family contribution equal to zero for the year.''. (b) Consultation.--The Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as described in section 483(i) of the Higher Education Act of 1965 (20 U.S.C. 1090(i)). SEC. 4. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect 120 days after the date of enactment of this Act. <all>

To address food and housing insecurity on college campuses. 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 ``Closing the College Hunger Gap Act of 2021''. SEC. 2. QUESTIONS ON FOOD AND HOUSING INSECURITY IN NATIONAL POSTSECONDARY STUDENT AID STUDY. The Secretary of Education shall add questions that measure rates of food and housing insecurity to the National Postsecondary Student Aid Study. SEC. 3. INFORMATION ON SNAP ELIGIBILITY. (a) In General.--Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following: ``(i) Information on SNAP Eligibility.-- ``(1) In general.--For each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides. ``(2) Students.--A student is described in this paragraph if the student has an expected family contribution equal to zero for the year.''. (b) Consultation.--The Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as described in section 483(i) of the Higher Education Act of 1965 (20 U.S.C. 1090(i)). SEC. 4. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect 120 days after the date of enactment of this Act. <all>

To address food and housing insecurity on college campuses. 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 ``Closing the College Hunger Gap Act of 2021''. SEC. 2. QUESTIONS ON FOOD AND HOUSING INSECURITY IN NATIONAL POSTSECONDARY STUDENT AID STUDY. The Secretary of Education shall add questions that measure rates of food and housing insecurity to the National Postsecondary Student Aid Study. SEC. 3. INFORMATION ON SNAP ELIGIBILITY. (a) In General.--Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following: ``(i) Information on SNAP Eligibility.-- ``(1) In general.--For each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides. ``(2) Students.--A student is described in this paragraph if the student has an expected family contribution equal to zero for the year.''. (b) Consultation.--The Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as described in section 483(i) of the Higher Education Act of 1965 (20 U.S.C. 1090(i)). SEC. 4. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect 120 days after the date of enactment of this Act. <all>

To address food and housing insecurity on college campuses. 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 ``Closing the College Hunger Gap Act of 2021''. SEC. 2. QUESTIONS ON FOOD AND HOUSING INSECURITY IN NATIONAL POSTSECONDARY STUDENT AID STUDY. The Secretary of Education shall add questions that measure rates of food and housing insecurity to the National Postsecondary Student Aid Study. SEC. 3. INFORMATION ON SNAP ELIGIBILITY. (a) In General.--Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is amended by adding at the end the following: ``(i) Information on SNAP Eligibility.-- ``(1) In general.--For each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides. ``(2) Students.--A student is described in this paragraph if the student has an expected family contribution equal to zero for the year.''. (b) Consultation.--The Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) as described in section 483(i) of the Higher Education Act of 1965 (20 U.S.C. 1090(i)). SEC. 4. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect 120 days after the date of enactment of this Act. <all>

S.5296

Education

Student Loan Forgiveness for Farmers and Ranchers Act This bill establishes a student loan forgiveness program for certain farmers or ranchers. Specifically, to receive loan forgiveness under this bill, a borrower must (1) make 120 monthly loan payments under a specified repayment plan while employed full-time at a qualified farm or ranch; and (2) fall within certain categories of individuals such as a beginner farmer or rancher, an individual underrepresented in the agricultural profession, or a veteran farmer or rancher.

To establish a student loan forgiveness plan for certain borrowers who are employed at a qualified farm or ranch. 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 ``Student Loan Forgiveness for Farmers and Ranchers Act''. SEC. 2. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. (a) Amendment to the HEA.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. ``(a) Qualified Farm or Ranch.--In this section, the term `qualified farm or ranch' means a farm or ranch with a farm number (within the meaning given the term in section 718.2 of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act). ``(b) In General.--The Secretary shall cancel the balance of interest and principal due, in accordance with subsection (c), on any eligible Federal Direct Loan not in default for a borrower who-- ``(1) at the time of initial entrance into the agricultural student loan forgiveness program-- ``(A) is-- ``(i) employed full-time or part-time as farmer or rancher with an AD-20347 form on file with the Department of Agriculture that is current on the date of the initial entrance; or ``(ii) employed full-time or part-time as an employee or manager of a qualified farm or ranch; and ``(B) is-- ``(i) a beginning farmer or rancher (as defined under section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))); ``(ii) an individual from a population that is underrepresented in the agricultural profession (as determined by the Secretary), such as minorities or women; ``(iii) a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))); or ``(iv) a veteran farmer or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))); ``(2) makes 120 monthly payments on the eligible Federal Direct Loan after the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act, pursuant to any one or a combination of-- ``(A) payments under an income-based repayment plan under section 493C; ``(B) payments under a standard repayment plan under section 455(d)(1)(A), based on a 10-year repayment period; ``(C) monthly payments under a repayment plan under subsection (d)(1) or (g) of section 455 of not less than the monthly amount calculated under section 455(d)(1)(A), based on a 10-year repayment period; or ``(D) payments under an income contingent repayment plan under section 455(d)(1)(D); ``(3) is employed full-time as an employee or manager of a qualified farm or ranch at the time of such forgiveness; and ``(4) has been employed full-time as an employee or manager of a qualified farm or ranch during the period in which the borrower makes each of the qualifying payments described in paragraph (2). ``(c) Loan Cancellation Amount.--After the conclusion of the employment period described in subsection (b), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(d) Removal From the Program.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall remove a borrower from the agricultural student loan forgiveness program if the borrower-- ``(A) was less than 40 years old when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 7 years after entering the program; or ``(B) was 40 years old or older when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 3 years after entering the program. ``(2) Exception for military service.--The Secretary shall not consider any of the following as a period of time counting toward removal from the agricultural student loan forgiveness program for purposes of paragraph (1): ``(A) Time serving on active duty during a war or other military operation or national emergency. ``(B) Time performing qualifying National Guard duty during a war or other military operation or national emergency. ``(C) The 180-day period following the demobilization date for the service described in subparagraph (A) or (B). ``(3) Readmission prohibited.--The Secretary shall not allow a borrower who has been removed from the agricultural student loan forgiveness program under this section to be readmitted to the program, unless the Secretary finds that the borrower has experienced exceptional circumstances. ``(e) Eligible Federal Direct Loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan.''. (b) Regulations.--Not more than 180 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Secretary of Agriculture, shall promulgate final regulations to carry out the amendment made by subsection (a), including regulations relating to the process of tracking and verifying work as an employee or manager of a qualified farm or ranch for purposes of section 460A of the Higher Education Act of 1965 (as added by this Act). <all>

Student Loan Forgiveness for Farmers and Ranchers Act

A bill to establish a student loan forgiveness plan for certain borrowers who are employed at a qualified farm or ranch.

Student Loan Forgiveness for Farmers and Ranchers Act

Sen. Murphy, Christopher

D

CT

This bill establishes a student loan forgiveness program for certain farmers or ranchers. Specifically, to receive loan forgiveness under this bill, a borrower must (1) make 120 monthly loan payments under a specified repayment plan while employed full-time at a qualified farm or ranch; and (2) fall within certain categories of individuals such as a beginner farmer or rancher, an individual underrepresented in the agricultural profession, or a veteran farmer or rancher.

SEC. (a) Amendment to the HEA.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. 2279(a))); ``(2) makes 120 monthly payments on the eligible Federal Direct Loan after the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act, pursuant to any one or a combination of-- ``(A) payments under an income-based repayment plan under section 493C; ``(B) payments under a standard repayment plan under section 455(d)(1)(A), based on a 10-year repayment period; ``(C) monthly payments under a repayment plan under subsection (d)(1) or (g) of section 455 of not less than the monthly amount calculated under section 455(d)(1)(A), based on a 10-year repayment period; or ``(D) payments under an income contingent repayment plan under section 455(d)(1)(D); ``(3) is employed full-time as an employee or manager of a qualified farm or ranch at the time of such forgiveness; and ``(4) has been employed full-time as an employee or manager of a qualified farm or ranch during the period in which the borrower makes each of the qualifying payments described in paragraph (2). ``(d) Removal From the Program.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall remove a borrower from the agricultural student loan forgiveness program if the borrower-- ``(A) was less than 40 years old when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 7 years after entering the program; or ``(B) was 40 years old or older when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 3 years after entering the program. ``(B) Time performing qualifying National Guard duty during a war or other military operation or national emergency. ``(e) Eligible Federal Direct Loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan.''. (b) Regulations.--Not more than 180 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Secretary of Agriculture, shall promulgate final regulations to carry out the amendment made by subsection (a), including regulations relating to the process of tracking and verifying work as an employee or manager of a qualified farm or ranch for purposes of section 460A of the Higher Education Act of 1965 (as added by this Act).

SEC. (a) Amendment to the HEA.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 460A. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. 2279(a))); ``(2) makes 120 monthly payments on the eligible Federal Direct Loan after the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act, pursuant to any one or a combination of-- ``(A) payments under an income-based repayment plan under section 493C; ``(B) payments under a standard repayment plan under section 455(d)(1)(A), based on a 10-year repayment period; ``(C) monthly payments under a repayment plan under subsection (d)(1) or (g) of section 455 of not less than the monthly amount calculated under section 455(d)(1)(A), based on a 10-year repayment period; or ``(D) payments under an income contingent repayment plan under section 455(d)(1)(D); ``(3) is employed full-time as an employee or manager of a qualified farm or ranch at the time of such forgiveness; and ``(4) has been employed full-time as an employee or manager of a qualified farm or ranch during the period in which the borrower makes each of the qualifying payments described in paragraph (2). ``(d) Removal From the Program.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall remove a borrower from the agricultural student loan forgiveness program if the borrower-- ``(A) was less than 40 years old when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 7 years after entering the program; or ``(B) was 40 years old or older when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 3 years after entering the program. ``(e) Eligible Federal Direct Loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. (a) Amendment to the HEA.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. 1991(a))); ``(ii) an individual from a population that is underrepresented in the agricultural profession (as determined by the Secretary), such as minorities or women; ``(iii) a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))); or ``(iv) a veteran farmer or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))); ``(2) makes 120 monthly payments on the eligible Federal Direct Loan after the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act, pursuant to any one or a combination of-- ``(A) payments under an income-based repayment plan under section 493C; ``(B) payments under a standard repayment plan under section 455(d)(1)(A), based on a 10-year repayment period; ``(C) monthly payments under a repayment plan under subsection (d)(1) or (g) of section 455 of not less than the monthly amount calculated under section 455(d)(1)(A), based on a 10-year repayment period; or ``(D) payments under an income contingent repayment plan under section 455(d)(1)(D); ``(3) is employed full-time as an employee or manager of a qualified farm or ranch at the time of such forgiveness; and ``(4) has been employed full-time as an employee or manager of a qualified farm or ranch during the period in which the borrower makes each of the qualifying payments described in paragraph (2). ``(c) Loan Cancellation Amount.--After the conclusion of the employment period described in subsection (b), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(d) Removal From the Program.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall remove a borrower from the agricultural student loan forgiveness program if the borrower-- ``(A) was less than 40 years old when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 7 years after entering the program; or ``(B) was 40 years old or older when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 3 years after entering the program. ``(B) Time performing qualifying National Guard duty during a war or other military operation or national emergency. ``(C) The 180-day period following the demobilization date for the service described in subparagraph (A) or (B). ``(3) Readmission prohibited.--The Secretary shall not allow a borrower who has been removed from the agricultural student loan forgiveness program under this section to be readmitted to the program, unless the Secretary finds that the borrower has experienced exceptional circumstances. ``(e) Eligible Federal Direct Loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan.''. (b) Regulations.--Not more than 180 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Secretary of Agriculture, shall promulgate final regulations to carry out the amendment made by subsection (a), including regulations relating to the process of tracking and verifying work as an employee or manager of a qualified farm or ranch for purposes of section 460A of the Higher Education Act of 1965 (as added by this Act).

To establish a student loan forgiveness plan for certain borrowers who are employed at a qualified farm or ranch. 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 ``Student Loan Forgiveness for Farmers and Ranchers Act''. SEC. 2. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. (a) Amendment to the HEA.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. LOAN FORGIVENESS FOR FARMERS AND RANCHERS. ``(a) Qualified Farm or Ranch.--In this section, the term `qualified farm or ranch' means a farm or ranch with a farm number (within the meaning given the term in section 718.2 of title 7, Code of Federal Regulations, as in effect on the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act). ``(b) In General.--The Secretary shall cancel the balance of interest and principal due, in accordance with subsection (c), on any eligible Federal Direct Loan not in default for a borrower who-- ``(1) at the time of initial entrance into the agricultural student loan forgiveness program-- ``(A) is-- ``(i) employed full-time or part-time as farmer or rancher with an AD-20347 form on file with the Department of Agriculture that is current on the date of the initial entrance; or ``(ii) employed full-time or part-time as an employee or manager of a qualified farm or ranch; and ``(B) is-- ``(i) a beginning farmer or rancher (as defined under section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a))); ``(ii) an individual from a population that is underrepresented in the agricultural profession (as determined by the Secretary), such as minorities or women; ``(iii) a socially disadvantaged farmer or rancher (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))); or ``(iv) a veteran farmer or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))); ``(2) makes 120 monthly payments on the eligible Federal Direct Loan after the date of enactment of the Student Loan Forgiveness for Farmers and Ranchers Act, pursuant to any one or a combination of-- ``(A) payments under an income-based repayment plan under section 493C; ``(B) payments under a standard repayment plan under section 455(d)(1)(A), based on a 10-year repayment period; ``(C) monthly payments under a repayment plan under subsection (d)(1) or (g) of section 455 of not less than the monthly amount calculated under section 455(d)(1)(A), based on a 10-year repayment period; or ``(D) payments under an income contingent repayment plan under section 455(d)(1)(D); ``(3) is employed full-time as an employee or manager of a qualified farm or ranch at the time of such forgiveness; and ``(4) has been employed full-time as an employee or manager of a qualified farm or ranch during the period in which the borrower makes each of the qualifying payments described in paragraph (2). ``(c) Loan Cancellation Amount.--After the conclusion of the employment period described in subsection (b), the Secretary shall cancel the obligation to repay the balance of principal and interest due as of the time of such cancellation, on the eligible Federal Direct Loans made to the borrower under this part. ``(d) Removal From the Program.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall remove a borrower from the agricultural student loan forgiveness program if the borrower-- ``(A) was less than 40 years old when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 7 years after entering the program; or ``(B) was 40 years old or older when the borrower entered the agricultural student loan forgiveness program, and that borrower fails to be employed full- time as an employee or manager of a qualified farm or ranch for a cumulative period of more than 3 years after entering the program. ``(2) Exception for military service.--The Secretary shall not consider any of the following as a period of time counting toward removal from the agricultural student loan forgiveness program for purposes of paragraph (1): ``(A) Time serving on active duty during a war or other military operation or national emergency. ``(B) Time performing qualifying National Guard duty during a war or other military operation or national emergency. ``(C) The 180-day period following the demobilization date for the service described in subparagraph (A) or (B). ``(3) Readmission prohibited.--The Secretary shall not allow a borrower who has been removed from the agricultural student loan forgiveness program under this section to be readmitted to the program, unless the Secretary finds that the borrower has experienced exceptional circumstances. ``(e) Eligible Federal Direct Loan.--The term `eligible Federal Direct Loan' means a Federal Direct Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Consolidation Loan.''. (b) Regulations.--Not more than 180 days after the date of enactment of this Act, the Secretary of Education, in consultation with the Secretary of Agriculture, shall promulgate final regulations to carry out the amendment made by subsection (a), including regulations relating to the process of tracking and verifying work as an employee or manager of a qualified farm or ranch for purposes of section 460A of the Higher Education Act of 1965 (as added by this Act). <all>

H.R.6913

Taxation

Stop the Nosy Obsession with Online Payments Act of 2022 or the SNOOP Act of 2022 This bill modifies requirements for third party settlement organizations to eliminate their reporting requirement with respect to the transactions of their participating payees unless they have earned more than $20,000 on more than 200 separate transactions in an applicable tax period. A third party settlement organization is the central organization that has the contractual obligation to make payments to participating payees (generally, a merchant or business) in a third party payment network. This reverses a provision in the American Rescue Plan Act of 2021 that lowered the reporting threshold to $600 with no minimum on the number of transactions.

To amend the Internal Revenue Code of 1986 to repeal the amendments made to reporting of third party network transactions by the American Rescue Plan Act of 2021. 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 ``Stop the Nosy Obsession with Online Payments Act of 2022'' or the ``SNOOP Act of 2022''. SEC. 2. REPEAL OF MODIFICATION OF EXCEPTIONS FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Exception for De Minimis Payments by Third Party Settlement Organizations.--A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if-- ``(1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $20,000, and ``(2) the aggregate number of such transactions exceeds 200.''. (b) Conforming Amendment.--Section 6050W(c)(3) of the Internal Revenue Code of 1986 is amended by striking ``described in subsection (d)(3)(A)(iii)''. (c) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to returns for calendar years beginning after December 31, 2021. (2) Clarification.--The amendment made by subsection (b) shall apply to transactions after the date of the enactment of the American Rescue Plan Act of 2021. <all>

SNOOP Act of 2022

To amend the Internal Revenue Code of 1986 to repeal the amendments made to reporting of third party network transactions by the American Rescue Plan Act of 2021.

SNOOP Act of 2022 Stop the Nosy Obsession with Online Payments Act of 2022

Rep. Steel, Michelle

R

CA

This bill modifies requirements for third party settlement organizations to eliminate their reporting requirement with respect to the transactions of their participating payees unless they have earned more than $20,000 on more than 200 separate transactions in an applicable tax period. A third party settlement organization is the central organization that has the contractual obligation to make payments to participating payees (generally, a merchant or business) in a third party payment network. This reverses a provision in the American Rescue Plan Act of 2021 that lowered the reporting threshold to $600 with no minimum on the number of transactions.

To amend the Internal Revenue Code of 1986 to repeal the amendments made to reporting of third party network transactions by the American Rescue Plan Act of 2021. 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 ``Stop the Nosy Obsession with Online Payments Act of 2022'' or the ``SNOOP Act of 2022''. SEC. 2. REPEAL OF MODIFICATION OF EXCEPTIONS FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Exception for De Minimis Payments by Third Party Settlement Organizations.--A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if-- ``(1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $20,000, and ``(2) the aggregate number of such transactions exceeds 200.''. (b) Conforming Amendment.--Section 6050W(c)(3) of the Internal Revenue Code of 1986 is amended by striking ``described in subsection (d)(3)(A)(iii)''. (c) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to returns for calendar years beginning after December 31, 2021. (2) Clarification.--The amendment made by subsection (b) shall apply to transactions after the date of the enactment of the American Rescue Plan Act of 2021. <all>

To amend the Internal Revenue Code of 1986 to repeal the amendments made to reporting of third party network transactions by the American Rescue Plan Act of 2021. 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 ``Stop the Nosy Obsession with Online Payments Act of 2022'' or the ``SNOOP Act of 2022''. SEC. 2. REPEAL OF MODIFICATION OF EXCEPTIONS FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Exception for De Minimis Payments by Third Party Settlement Organizations.--A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if-- ``(1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $20,000, and ``(2) the aggregate number of such transactions exceeds 200.''. (b) Conforming Amendment.--Section 6050W(c)(3) of the Internal Revenue Code of 1986 is amended by striking ``described in subsection (d)(3)(A)(iii)''. (c) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to returns for calendar years beginning after December 31, 2021. (2) Clarification.--The amendment made by subsection (b) shall apply to transactions after the date of the enactment of the American Rescue Plan Act of 2021. <all>

To amend the Internal Revenue Code of 1986 to repeal the amendments made to reporting of third party network transactions by the American Rescue Plan Act of 2021. 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 ``Stop the Nosy Obsession with Online Payments Act of 2022'' or the ``SNOOP Act of 2022''. SEC. 2. REPEAL OF MODIFICATION OF EXCEPTIONS FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Exception for De Minimis Payments by Third Party Settlement Organizations.--A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if-- ``(1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $20,000, and ``(2) the aggregate number of such transactions exceeds 200.''. (b) Conforming Amendment.--Section 6050W(c)(3) of the Internal Revenue Code of 1986 is amended by striking ``described in subsection (d)(3)(A)(iii)''. (c) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to returns for calendar years beginning after December 31, 2021. (2) Clarification.--The amendment made by subsection (b) shall apply to transactions after the date of the enactment of the American Rescue Plan Act of 2021. <all>

To amend the Internal Revenue Code of 1986 to repeal the amendments made to reporting of third party network transactions by the American Rescue Plan Act of 2021. 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 ``Stop the Nosy Obsession with Online Payments Act of 2022'' or the ``SNOOP Act of 2022''. SEC. 2. REPEAL OF MODIFICATION OF EXCEPTIONS FOR REPORTING OF THIRD PARTY NETWORK TRANSACTIONS. (a) In General.--Section 6050W(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Exception for De Minimis Payments by Third Party Settlement Organizations.--A third party settlement organization shall be required to report any information under subsection (a) with respect to third party network transactions of any participating payee only if-- ``(1) the amount which would otherwise be reported under subsection (a)(2) with respect to such transactions exceeds $20,000, and ``(2) the aggregate number of such transactions exceeds 200.''. (b) Conforming Amendment.--Section 6050W(c)(3) of the Internal Revenue Code of 1986 is amended by striking ``described in subsection (d)(3)(A)(iii)''. (c) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply to returns for calendar years beginning after December 31, 2021. (2) Clarification.--The amendment made by subsection (b) shall apply to transactions after the date of the enactment of the American Rescue Plan Act of 2021. <all>

S.125

Taxation

Protecting Life in Health Savings Accounts Act This bill prohibits payment of expenses from specified tax-exempt savings accounts, including health savings accounts and health flexible spending arrangements and reimbursement arrangements, for abortions, except for abortions to end a pregnancy due to rape or incest or to protect the life or health of the mother.

To amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses. 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 ``Protecting Life in Health Savings Accounts Act''. SEC. 2. DISTRIBUTIONS FOR CERTAIN ABORTIONS NOT QUALIFIED. (a) HSAs.-- (1) In general.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion).''. (2) Excluded abortion.--Section 223(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Excluded abortion.--For purposes of this paragraph, the term `excluded abortion' means any abortion-- ``(i) with respect to a pregnancy that is the result of an act of rape or incest, or ``(ii) with respect to which the woman suffers from a physical disorder, physical injury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless the abortion is performed.''. (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)).''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Prohibition on Reimbursements for Abortions.--For purposes of this section and section 105, reimbursement for expenses incurred for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)) shall not be treated as a reimbursement for medical expenses.''. (d) Retiree Health Accounts.--Section 401(h) of the Internal Revenue Code of 1986 is amended by inserting ``(other than an expense for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)))'' after ``sickness, accident, hospitalization, and medical expenses'' in the matter preceding paragraph (1). (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to amounts paid with respect to taxable years beginning after December 31, 2021. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2021. <all>

Protecting Life in Health Savings Accounts Act

A bill to amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses.

Protecting Life in Health Savings Accounts Act

Sen. Lee, Mike

R

UT

This bill prohibits payment of expenses from specified tax-exempt savings accounts, including health savings accounts and health flexible spending arrangements and reimbursement arrangements, for abortions, except for abortions to end a pregnancy due to rape or incest or to protect the life or health of the mother.

To amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses. 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 ``Protecting Life in Health Savings Accounts Act''. SEC. 2. DISTRIBUTIONS FOR CERTAIN ABORTIONS NOT QUALIFIED. (a) HSAs.-- (1) In general.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion).''. (2) Excluded abortion.--Section 223(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Excluded abortion.--For purposes of this paragraph, the term `excluded abortion' means any abortion-- ``(i) with respect to a pregnancy that is the result of an act of rape or incest, or ``(ii) with respect to which the woman suffers from a physical disorder, physical injury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless the abortion is performed.''. (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)).''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Prohibition on Reimbursements for Abortions.--For purposes of this section and section 105, reimbursement for expenses incurred for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)) shall not be treated as a reimbursement for medical expenses.''. (d) Retiree Health Accounts.--Section 401(h) of the Internal Revenue Code of 1986 is amended by inserting ``(other than an expense for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)))'' after ``sickness, accident, hospitalization, and medical expenses'' in the matter preceding paragraph (1). (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to amounts paid with respect to taxable years beginning after December 31, 2021. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2021. <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 ``Protecting Life in Health Savings Accounts Act''. SEC. 2. DISTRIBUTIONS FOR CERTAIN ABORTIONS NOT QUALIFIED. (2) Excluded abortion.--Section 223(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Excluded abortion.--For purposes of this paragraph, the term `excluded abortion' means any abortion-- ``(i) with respect to a pregnancy that is the result of an act of rape or incest, or ``(ii) with respect to which the woman suffers from a physical disorder, physical injury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless the abortion is performed.''. (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)).''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Prohibition on Reimbursements for Abortions.--For purposes of this section and section 105, reimbursement for expenses incurred for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)) shall not be treated as a reimbursement for medical expenses.''. (d) Retiree Health Accounts.--Section 401(h) of the Internal Revenue Code of 1986 is amended by inserting ``(other than an expense for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)))'' after ``sickness, accident, hospitalization, and medical expenses'' in the matter preceding paragraph (1). (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to amounts paid with respect to taxable years beginning after December 31, 2021.

To amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses. 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 ``Protecting Life in Health Savings Accounts Act''. SEC. 2. DISTRIBUTIONS FOR CERTAIN ABORTIONS NOT QUALIFIED. (a) HSAs.-- (1) In general.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion).''. (2) Excluded abortion.--Section 223(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Excluded abortion.--For purposes of this paragraph, the term `excluded abortion' means any abortion-- ``(i) with respect to a pregnancy that is the result of an act of rape or incest, or ``(ii) with respect to which the woman suffers from a physical disorder, physical injury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless the abortion is performed.''. (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)).''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Prohibition on Reimbursements for Abortions.--For purposes of this section and section 105, reimbursement for expenses incurred for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)) shall not be treated as a reimbursement for medical expenses.''. (d) Retiree Health Accounts.--Section 401(h) of the Internal Revenue Code of 1986 is amended by inserting ``(other than an expense for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)))'' after ``sickness, accident, hospitalization, and medical expenses'' in the matter preceding paragraph (1). (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to amounts paid with respect to taxable years beginning after December 31, 2021. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to prohibit treatment of certain distributions and reimbursements for certain abortions as qualified medical expenses. 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 ``Protecting Life in Health Savings Accounts Act''. SEC. 2. DISTRIBUTIONS FOR CERTAIN ABORTIONS NOT QUALIFIED. (a) HSAs.-- (1) In general.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion).''. (2) Excluded abortion.--Section 223(d)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Excluded abortion.--For purposes of this paragraph, the term `excluded abortion' means any abortion-- ``(i) with respect to a pregnancy that is the result of an act of rape or incest, or ``(ii) with respect to which the woman suffers from a physical disorder, physical injury, or physical illness, including a life- endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless the abortion is performed.''. (b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Such term shall not include any amount paid for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)).''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Prohibition on Reimbursements for Abortions.--For purposes of this section and section 105, reimbursement for expenses incurred for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)) shall not be treated as a reimbursement for medical expenses.''. (d) Retiree Health Accounts.--Section 401(h) of the Internal Revenue Code of 1986 is amended by inserting ``(other than an expense for an abortion (other than an excluded abortion (as defined in section 223(d)(2)(E)))'' after ``sickness, accident, hospitalization, and medical expenses'' in the matter preceding paragraph (1). (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to amounts paid with respect to taxable years beginning after December 31, 2021. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2021. <all>

S.4344

Education

Zero-Percent Student Loan Refinancing Act This bill establishes temporary refinancing programs for federal and private student loans. Specifically, the bill establishes a program through which the Department of Education (ED) must make interest-free refinancing loans to borrowers of federal student loans from August 1, 2022, through December 31, 2025. The bill requires ED to automatically refinance Federal Direct Loans and notify each borrower of the refinancing. Borrowers who have other types of eligible loans (i.e., Federal Family Education Loans, Federal Perkins Loans, and certain health profession and nursing loans) must apply for refinancing. The bill also creates the Federal Direct Refinanced Private Loan to allow certain borrowers to refinance their private student loans. Borrowers must apply for refinancing between August 1, 2022, and December 31, 2025.

To establish a temporary program for the refinancing of certain Federal and private student loans, 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 ``Zero-Percent Student Loan Refinancing Act''. SEC. 2. TEMPORARY PROGRAM FOR REFINANCING STUDENT LOANS. (a) Program Authority.--Section 451(a) of the Higher Education Act of 1965 (20 U.S.C. 1087a(a)) is amended-- (1) by striking ``and (2)'' and inserting ``(2)''; and (2) by inserting ``; and (3) to make loans under section 460A and section 460B'' after ``section 459A''. (b) Refinancing Program.--Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. TEMPORARY PROGRAM FOR THE REFINANCING OF FEDERAL DIRECT LOANS AND OTHER FEDERAL STUDENT LOANS. ``(a) Definitions.--In this section: ``(1) Covered non-part d loan.--The term `covered non-part D loan' means a loan-- ``(A) made, insured, or guaranteed under part B and for which the first disbursement was made, or the application for the consolidation loan was received, before July 1, 2010; ``(B) made under part E; or ``(C) made under-- ``(i) subpart II of part A of title VII of the Public Health Service Act (42 U.S.C. 292q et seq.); or ``(ii) part E of title VIII of the Public Health Service Act (42 U.S.C. 297a et seq.). ``(2) Covered period.--The term `covered period' means the period beginning on August 1, 2022, and ending at the close of December 31, 2025. ``(3) Original loan.--The term `original loan' means a loan for which a borrower's liability is discharged by a refinanced loan issued in accordance with this section. ``(4) Qualified borrower.--The term `qualified borrower' means a borrower of a loan under this part, or a covered non- part D loan, for which the first disbursement was made, or the application for a consolidation loan was received, before January 1, 2026. ``(b) In General.--Beginning on August 1, 2022, the Secretary shall carry out a program under which the Secretary makes interest-free refinancing loans to qualified borrowers in accordance with this section. ``(c) Refinancing Direct Loans.-- ``(1) Federal direct loans.-- ``(A) In general.--Beginning on August 1, 2022, the Secretary shall cancel the obligation of a qualified borrower to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a Federal Direct Consolidation Loan for which the first disbursement was made, or the application for the consolidation loan was received, before January 1, 2025, and issue to such borrower in accordance with this section a refinanced Federal Direct Stafford Loan, a refinanced Federal Direct Unsubsidized Stafford Loan, a refinanced Federal Direct PLUS Loan, or a refinanced Federal Direct Consolidation Loan, respectively, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan. ``(B) Information.--The Secretary shall notify each qualified borrower of a loan refinanced under subparagraph (A) regarding the refinancing and the benefits the refinancing provides to the qualified borrower. ``(2) Refinancing covered non-part d loans as refinanced federal direct loans.--Upon application of a qualified borrower of any covered non-part D loan, the Secretary shall make a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan to the borrower in accordance with the following: ``(A) The Secretary shall pay the proceeds of such loan to the holder of the covered non-part D loan, in order to discharge the borrower from any remaining obligation with respect to the original loan. ``(B) Any Federal student loan made under this section the proceeds of which are used to discharge a loan that was made, insured, or guaranteed-- ``(i) under section 428 shall be a Federal Direct Stafford Loan; ``(ii) under section 428B shall be a Federal Direct PLUS Loan; ``(iii) under section 428H shall be a Federal Direct Unsubsidized Stafford Loan; and ``(iv) under section 428C shall be a Federal Direct Consolidation Loan. ``(C) Any Federal student loan made under this section the proceeds of which are used to discharge a loan described in subparagraph (B) or (C) of subsection (a)(1) shall be a Federal Direct Consolidation Loan. ``(3) Application deadline.--To be eligible to receive a refinancing loan under paragraph (2) a qualified borrower shall submit an application to the Secretary during the covered period. A borrower who submits an application after the expiration of the covered period shall not be eligible to receive a refinancing loan under such paragraph. ``(d) Terms and Conditions of Loans.-- ``(1) In general.--A loan made under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. ``(2) Interest rates.--No interest shall accrue on a loan that is made under this section. ``(3) No automatic extension of repayment period.--A loan made under this section shall not result in the extension of the duration of the repayment period of the loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). ``(4) Special rule for refinanced perkins and health loans.--Notwithstanding paragraph (1), in the case of a loan that is made under this section as a Federal Direct Consolidation Loan the proceeds of which are used to discharge a loan described in subparagraph (B) or (C) of subsection (a)(1)-- ``(A) the refinanced Federal Direct Consolidation Loan shall have the same terms and conditions as a Federal Direct Consolidation Loan, except as otherwise provided in this section; and ``(B) the Secretary may adjust such terms and conditions as necessary to enable the borrower to access loan forgiveness or other benefits available to the borrower under the loan before refinancing under this section, in any case where such benefits are more generous than provided under a Federal Direct Consolidation Loan. ``(5) Rule of construction.--Nothing in this section shall be construed to prevent a borrower of a Federal student loan described in subparagraph (B) or (C) of subsection (a)(1) from consolidating such loans with other loans eligible for consolidation under this section, or to require such a borrower to consolidate such loans with other Federal student loans into a single consolidation loan under this section. ``(e) Notification to Borrowers.--The Secretary, in coordination with the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers of covered non-part D loans that are eligible for refinancing under this section that the borrowers are eligible to apply for such refinancing. The campaign shall include the following activities: ``(1) Developing consumer information materials about the availability of Federal student loan refinancing. ``(2) Requiring servicers of loans under part B to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection. ``SEC. 460B. TEMPORARY PROGRAM FOR REFINANCING OF PRIVATE EDUCATION LOANS. ``(a) Definitions.--In this section: ``(1) Covered period.--The term `covered period' means the period beginning on August 1, 2022, and ending at the close of December 31, 2025. ``(2) Eligible private education loan.--The term `eligible private education loan' means a private education loan, as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)), that-- ``(A) was disbursed to the borrower before January 1, 2026; and ``(B) was for the borrower's own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. ``(3) Federal direct refinanced private loan.--The term `Federal Direct Refinanced Private Loan' means a loan issued under subsection (b)(1). ``(4) Private educational lender.--The term `private educational lender' has the meaning given that term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). ``(5) Qualified borrower.--The term `qualified borrower' means an individual who has an eligible private education loan. ``(b) Program Authorized.-- ``(1) In general.--Beginning on August 1, 2022, the Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon application by a qualified borrower who has an eligible private education loan, shall issue such borrower a loan under this part in accordance with the following: ``(A) The loan issued under this program shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan. ``(B) The Secretary shall pay the proceeds of the loan issued under this program to the private educational lender of the private education loan, in order to discharge the qualified borrower from any remaining obligation to the lender with respect to the original loan. ``(C) The Secretary shall require that the qualified borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (ix) of section 485(b)(1)(A) before the loan is refinanced in accordance with this section, and before the proceeds of such loan are paid to the private educational lender. ``(D) The Secretary shall issue the loan as a Federal Direct Refinanced Private Loan, which shall have the same terms, conditions, and benefits as a Federal Direct Unsubsidized Stafford Loan, except as otherwise provided in this section. ``(2) Private educational lenders.--Not later than August 1, 2022, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish eligibility requirements to preclude windfall profits for private educational lenders. ``(c) Application Deadline.--To be eligible to receive a Federal Direct Refinanced Private Loan under this section a qualified borrower shall submit an application to the Secretary during the covered period. A borrower who submits an application after the expiration of the covered period shall not be eligible to receive a Federal Direct Refinanced Private Loan under this section. ``(d) Interest Rate.--No interest shall accrue on a Federal Direct Refinanced Private Loan under this section. ``(e) No Inclusion in Aggregate Limits.--The amount of a Federal Direct Refinanced Private Loan, or a Federal Direct Consolidated Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be included in calculating a borrower's annual or aggregate loan limits under section 428 or 428H. ``(f) Special Rule for Eligibility for Service-Related Repayment.-- Notwithstanding sections 428K(a)(2), 428L(b)(2), 455(m)(3)(A), and 460(b), a Federal Direct Refinanced Private Loan shall be eligible for any loan repayment or loan forgiveness program under section 428K, 428L, or 460, or for the repayment plan for public service employees under section 455(m), but only with respect to any balance due, payments made, or service completed, after the date on which such Federal Direct Refinanced Private Loan was issued. ``(g) Private Educational Lender Reporting Requirement.-- ``(1) Reporting required.--Not later than August 1, 2022, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish a requirement that private educational lenders report the data described in paragraph (2) to the Secretary, to Congress, to the Secretary of the Treasury, and to the Director of the Bureau of Consumer Financial Protection, in order to allow for an assessment of the private education loan market. ``(2) Contents of reporting.--The data that private educational lenders shall report in accordance with paragraph (1) shall include each of the following about private education loans (as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a))): ``(A) The total amount of private education loan debt the lender holds. ``(B) The total number of private education loan borrowers the lender serves. ``(C) The average interest rate on the outstanding private education loan debt held by the lender. ``(D) The proportion of private education loan borrowers who are in default on a loan held by the lender. ``(E) The proportion of the outstanding private education loan volume held by the lender that is in default. ``(F) The proportions of outstanding private education loan borrowers who are 30, 60, and 90 days delinquent. ``(G) The proportions of outstanding private education loan volume that is 30, 60, and 90 days delinquent. ``(h) Notification to Borrowers.--The Secretary, in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers about the availability of private student loan refinancing under this section.''. (c) Income-Contingent Repayment.--Section 455(e) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)) is amended by adding at the end the following new paragraph: ``(9) Special rule for refinanced loans.--For purposes of paragraph (7), the period of time during which a borrower of a loan that is refinanced under section 460A or 460B has made monthly payments shall be calculated in the manner described in section 493C(f) for the applicable type of loan.''. (d) Income-Based Repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: ``(f) Special Rule for Refinanced Loans.-- ``(1) Refinanced federal direct, ffel, and plus loans.--In calculating the period of time during which a borrower of a loan (with the exception of a Federal Direct Consolidation Loan) that is refinanced under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the refinanced loan, that otherwise meet the requirements of this section. ``(2) Refinanced federal direct consolidation loans.--In calculating the period of time during which a borrower of a Federal Direct Consolidation Loan that is refinanced under section 460A has made monthly payments for the purposes of subsection (b)(7), the Secretary shall-- ``(A) review the borrower's payment history to identify each component loan of such Federal Direct Consolidation Loan; ``(B) for each such component loan-- ``(i) calculate the weighted factor of the component loan, which shall be the factor that represents the portion of such Federal Direct Consolidation Loan that is attributable to such component loan; and ``(ii) determine the number of qualifying monthly payments made on such component loan before consolidation; ``(C) calculate the number of qualifying monthly payments determined under subparagraph (B)(ii) with respect to a component loan that shall be deemed as qualifying monthly payments made on the Federal Direct Consolidation Loan by multiplying-- ``(i) the weighted factor of such component loan as determined under subparagraph (B)(i); by ``(ii) the number of qualifying monthly payments made on such component loan as determined under subparagraph (B)(ii); and ``(D) calculate and inform the borrower of the total number of qualifying monthly payments with respect to the component loans of the Federal Direct Consolidation Loan that shall be deemed as qualifying monthly payments made on the refinanced Federal Consolidation Loan, by-- ``(i) adding together the result of each calculation made under subparagraph (C) with respect to each such component loan; and ``(ii) rounding the number determined under clause (i) to the nearest whole number. ``(3) Federal direct refinanced private loans.--In calculating the period of time during which a borrower of a Federal Direct Refinanced Private Loan under section 460B has made monthly payments for purposes of subsection (b)(7), the Secretary shall include only payments-- ``(A) that are made after the date of the issuance of the Federal Direct Refinanced Private Loan; and ``(B) that otherwise meet the requirements of this section. ``(4) Component loan defined.--In this subsection, the term `component loan', used with respect to a Federal Direct Consolidation Loan, means a loan for which the liability was discharged by the proceeds of such Federal Direct Consolidation Loan.''. (e) Conforming Amendments.--The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended-- (1) in section 428C(a)(3)(B)(i)(V) (20 U.S.C. 1078- 3(3)(B)(i)(V))-- (A) by striking ``or'' at the end of item (bb); (B) by striking the period at the end of item (cc) and inserting ``; or''; and (C) by adding at the end the following: ``(dd) for the purpose of obtaining a refinancing loan under section 460A.''; (2) in section 428J(c)(2) (20 U.S.C. 1078-10(c)(2)), by inserting ``a Federal Direct Refinanced Private Loan,'' after ``a Federal Direct Unsubsidized Stafford Loan,''; (3) in section 455 (20 U.S.C. 1087e)-- (A) in subsection (b), by striking ``(b) Interest Rate.--'' and inserting the following: ``(b) Interest Rate.--Except as otherwise provided in sections 460A and 460B, the terms and conditions of interest for loans made under this part are as follows:''; (B) in subsection (f)(1)(B), by inserting ``a Federal Direct Refinanced Private Loan,'' after ``a Federal Direct Unsubsidized Stafford Loan,''; and (C) in subsection (m)(3)(A), by striking ``or Federal Direct Unsubsidized Stafford Loan,'' and inserting ``Federal Direct Unsubsidized Stafford Loan, or Federal Direct Refinanced Private Loan,''; and (4) in section 460 (20 U.S.C. 1087j)-- (A) in subsection (b), by striking ``and Federal Direct Unsubsidized Stafford Loans'' and inserting ``Federal Direct Unsubsidized Stafford Loans, and Federal Direct Refinanced Private Loans''; and (B) in subsection (c)-- (i) in paragraph (1), by striking ``or a Federal Direct Unsubsidized Stafford Loan'' and inserting ``, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Refinanced Private Loan''; and (ii) in paragraph (2), by inserting ``a Federal Direct Refinanced Private Loan,'' after ``a Federal Direct Unsubsidized Stafford Loan,''. <all>

Zero-Percent Student Loan Refinancing Act

A bill to establish a temporary program for the refinancing of certain Federal and private student loans, and for other purposes.

Zero-Percent Student Loan Refinancing Act

Sen. Whitehouse, Sheldon

D

RI

This bill establishes temporary refinancing programs for federal and private student loans. Specifically, the bill establishes a program through which the Department of Education (ED) must make interest-free refinancing loans to borrowers of federal student loans from August 1, 2022, through December 31, 2025. The bill requires ED to automatically refinance Federal Direct Loans and notify each borrower of the refinancing. Borrowers who have other types of eligible loans (i.e., Federal Family Education Loans, Federal Perkins Loans, and certain health profession and nursing loans) must apply for refinancing. The bill also creates the Federal Direct Refinanced Private Loan to allow certain borrowers to refinance their private student loans. Borrowers must apply for refinancing between August 1, 2022, and December 31, 2025.

SEC. 1087a et seq.) TEMPORARY PROGRAM FOR THE REFINANCING OF FEDERAL DIRECT LOANS AND OTHER FEDERAL STUDENT LOANS. ); or ``(ii) part E of title VIII of the Public Health Service Act (42 U.S.C. ``(3) Application deadline.--To be eligible to receive a refinancing loan under paragraph (2) a qualified borrower shall submit an application to the Secretary during the covered period. ``(d) Terms and Conditions of Loans.-- ``(1) In general.--A loan made under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. ``(2) Interest rates.--No interest shall accrue on a loan that is made under this section. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). ``(2) Requiring servicers of loans under part B to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection. 460B. ``(a) Definitions.--In this section: ``(1) Covered period.--The term `covered period' means the period beginning on August 1, 2022, and ending at the close of December 31, 2025. ``(4) Private educational lender.--The term `private educational lender' has the meaning given that term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). ``(B) The total number of private education loan borrowers the lender serves. ``(G) The proportions of outstanding private education loan volume that is 30, 60, and 90 days delinquent. 1098e) is amended by adding at the end the following: ``(f) Special Rule for Refinanced Loans.-- ``(1) Refinanced federal direct, ffel, and plus loans.--In calculating the period of time during which a borrower of a loan (with the exception of a Federal Direct Consolidation Loan) that is refinanced under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the refinanced loan, that otherwise meet the requirements of this section. ``(4) Component loan defined.--In this subsection, the term `component loan', used with respect to a Federal Direct Consolidation Loan, means a loan for which the liability was discharged by the proceeds of such Federal Direct Consolidation Loan.''. ''; (2) in section 428J(c)(2) (20 U.S.C. 1087j)-- (A) in subsection (b), by striking ``and Federal Direct Unsubsidized Stafford Loans'' and inserting ``Federal Direct Unsubsidized Stafford Loans, and Federal Direct Refinanced Private Loans''; and (B) in subsection (c)-- (i) in paragraph (1), by striking ``or a Federal Direct Unsubsidized Stafford Loan'' and inserting ``, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Refinanced Private Loan''; and (ii) in paragraph (2), by inserting ``a Federal Direct Refinanced Private Loan,'' after ``a Federal Direct Unsubsidized Stafford Loan,''.

SEC. 1087a et seq.) TEMPORARY PROGRAM FOR THE REFINANCING OF FEDERAL DIRECT LOANS AND OTHER FEDERAL STUDENT LOANS. ); or ``(ii) part E of title VIII of the Public Health Service Act (42 U.S.C. ``(3) Application deadline.--To be eligible to receive a refinancing loan under paragraph (2) a qualified borrower shall submit an application to the Secretary during the covered period. ``(2) Interest rates.--No interest shall accrue on a loan that is made under this section. ``(2) Requiring servicers of loans under part B to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection. 460B. ``(a) Definitions.--In this section: ``(1) Covered period.--The term `covered period' means the period beginning on August 1, 2022, and ending at the close of December 31, 2025. 1650(a)). ``(B) The total number of private education loan borrowers the lender serves. 1098e) is amended by adding at the end the following: ``(f) Special Rule for Refinanced Loans.-- ``(1) Refinanced federal direct, ffel, and plus loans.--In calculating the period of time during which a borrower of a loan (with the exception of a Federal Direct Consolidation Loan) that is refinanced under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the refinanced loan, that otherwise meet the requirements of this section. ''; (2) in section 428J(c)(2) (20 U.S.C. 1087j)-- (A) in subsection (b), by striking ``and Federal Direct Unsubsidized Stafford Loans'' and inserting ``Federal Direct Unsubsidized Stafford Loans, and Federal Direct Refinanced Private Loans''; and (B) in subsection (c)-- (i) in paragraph (1), by striking ``or a Federal Direct Unsubsidized Stafford Loan'' and inserting ``, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Refinanced Private Loan''; and (ii) in paragraph (2), by inserting ``a Federal Direct Refinanced Private Loan,'' after ``a Federal Direct Unsubsidized Stafford Loan,''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 1087a et seq.) TEMPORARY PROGRAM FOR THE REFINANCING OF FEDERAL DIRECT LOANS AND OTHER FEDERAL STUDENT LOANS. ); or ``(ii) part E of title VIII of the Public Health Service Act (42 U.S.C. ``(B) Information.--The Secretary shall notify each qualified borrower of a loan refinanced under subparagraph (A) regarding the refinancing and the benefits the refinancing provides to the qualified borrower. ``(2) Refinancing covered non-part d loans as refinanced federal direct loans.--Upon application of a qualified borrower of any covered non-part D loan, the Secretary shall make a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan to the borrower in accordance with the following: ``(A) The Secretary shall pay the proceeds of such loan to the holder of the covered non-part D loan, in order to discharge the borrower from any remaining obligation with respect to the original loan. ``(3) Application deadline.--To be eligible to receive a refinancing loan under paragraph (2) a qualified borrower shall submit an application to the Secretary during the covered period. ``(d) Terms and Conditions of Loans.-- ``(1) In general.--A loan made under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. ``(2) Interest rates.--No interest shall accrue on a loan that is made under this section. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). ``(2) Requiring servicers of loans under part B to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection. 460B. ``(a) Definitions.--In this section: ``(1) Covered period.--The term `covered period' means the period beginning on August 1, 2022, and ending at the close of December 31, 2025. 1650(a)), that-- ``(A) was disbursed to the borrower before January 1, 2026; and ``(B) was for the borrower's own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. ``(4) Private educational lender.--The term `private educational lender' has the meaning given that term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). ``(B) The total number of private education loan borrowers the lender serves. ``(G) The proportions of outstanding private education loan volume that is 30, 60, and 90 days delinquent. ``(h) Notification to Borrowers.--The Secretary, in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers about the availability of private student loan refinancing under this section.''. (d) Income-Based Repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: ``(f) Special Rule for Refinanced Loans.-- ``(1) Refinanced federal direct, ffel, and plus loans.--In calculating the period of time during which a borrower of a loan (with the exception of a Federal Direct Consolidation Loan) that is refinanced under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the refinanced loan, that otherwise meet the requirements of this section. ``(4) Component loan defined.--In this subsection, the term `component loan', used with respect to a Federal Direct Consolidation Loan, means a loan for which the liability was discharged by the proceeds of such Federal Direct Consolidation Loan.''. ''; (2) in section 428J(c)(2) (20 U.S.C. 1087j)-- (A) in subsection (b), by striking ``and Federal Direct Unsubsidized Stafford Loans'' and inserting ``Federal Direct Unsubsidized Stafford Loans, and Federal Direct Refinanced Private Loans''; and (B) in subsection (c)-- (i) in paragraph (1), by striking ``or a Federal Direct Unsubsidized Stafford Loan'' and inserting ``, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Refinanced Private Loan''; and (ii) in paragraph (2), by inserting ``a Federal Direct Refinanced Private Loan,'' after ``a Federal Direct Unsubsidized Stafford Loan,''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Zero-Percent Student Loan Refinancing Act''. SEC. 1087a et seq.) TEMPORARY PROGRAM FOR THE REFINANCING OF FEDERAL DIRECT LOANS AND OTHER FEDERAL STUDENT LOANS. ); or ``(ii) part E of title VIII of the Public Health Service Act (42 U.S.C. ``(B) Information.--The Secretary shall notify each qualified borrower of a loan refinanced under subparagraph (A) regarding the refinancing and the benefits the refinancing provides to the qualified borrower. ``(2) Refinancing covered non-part d loans as refinanced federal direct loans.--Upon application of a qualified borrower of any covered non-part D loan, the Secretary shall make a loan under this part, in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the original loan to the borrower in accordance with the following: ``(A) The Secretary shall pay the proceeds of such loan to the holder of the covered non-part D loan, in order to discharge the borrower from any remaining obligation with respect to the original loan. ``(3) Application deadline.--To be eligible to receive a refinancing loan under paragraph (2) a qualified borrower shall submit an application to the Secretary during the covered period. ``(d) Terms and Conditions of Loans.-- ``(1) In general.--A loan made under this section shall have the same terms and conditions as the original loan, except as otherwise provided in this section. ``(2) Interest rates.--No interest shall accrue on a loan that is made under this section. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3). ``(2) Requiring servicers of loans under part B to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection. 460B. ``(a) Definitions.--In this section: ``(1) Covered period.--The term `covered period' means the period beginning on August 1, 2022, and ending at the close of December 31, 2025. 1650(a)), that-- ``(A) was disbursed to the borrower before January 1, 2026; and ``(B) was for the borrower's own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed. ``(4) Private educational lender.--The term `private educational lender' has the meaning given that term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). ``(e) No Inclusion in Aggregate Limits.--The amount of a Federal Direct Refinanced Private Loan, or a Federal Direct Consolidated Loan to the extent such loan was used to repay a Federal Direct Refinanced Private Loan, shall not be included in calculating a borrower's annual or aggregate loan limits under section 428 or 428H. ``(f) Special Rule for Eligibility for Service-Related Repayment.-- Notwithstanding sections 428K(a)(2), 428L(b)(2), 455(m)(3)(A), and 460(b), a Federal Direct Refinanced Private Loan shall be eligible for any loan repayment or loan forgiveness program under section 428K, 428L, or 460, or for the repayment plan for public service employees under section 455(m), but only with respect to any balance due, payments made, or service completed, after the date on which such Federal Direct Refinanced Private Loan was issued. ``(B) The total number of private education loan borrowers the lender serves. ``(D) The proportion of private education loan borrowers who are in default on a loan held by the lender. ``(G) The proportions of outstanding private education loan volume that is 30, 60, and 90 days delinquent. ``(h) Notification to Borrowers.--The Secretary, in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers about the availability of private student loan refinancing under this section.''. (d) Income-Based Repayment.--Section 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following: ``(f) Special Rule for Refinanced Loans.-- ``(1) Refinanced federal direct, ffel, and plus loans.--In calculating the period of time during which a borrower of a loan (with the exception of a Federal Direct Consolidation Loan) that is refinanced under section 460A has made monthly payments for purposes of subsection (b)(7), the Secretary shall deem the period to include all monthly payments made for the original loan, and all monthly payments made for the refinanced loan, that otherwise meet the requirements of this section. ``(4) Component loan defined.--In this subsection, the term `component loan', used with respect to a Federal Direct Consolidation Loan, means a loan for which the liability was discharged by the proceeds of such Federal Direct Consolidation Loan.''. ''; (2) in section 428J(c)(2) (20 U.S.C. 1087j)-- (A) in subsection (b), by striking ``and Federal Direct Unsubsidized Stafford Loans'' and inserting ``Federal Direct Unsubsidized Stafford Loans, and Federal Direct Refinanced Private Loans''; and (B) in subsection (c)-- (i) in paragraph (1), by striking ``or a Federal Direct Unsubsidized Stafford Loan'' and inserting ``, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct Refinanced Private Loan''; and (ii) in paragraph (2), by inserting ``a Federal Direct Refinanced Private Loan,'' after ``a Federal Direct Unsubsidized Stafford Loan,''.

S.4028

Housing and Community Development

This bill requires a public housing agency that uses less than 95% of its budget authority in a given year to accept a housing choice voucher from a family that received the voucher from an agency in a different jurisdiction.

To require certain public housing agencies to absorb port-in housing choice vouchers, 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. REQUIRING CERTAIN PUBLIC HOUSING AGENCIES TO ABSORB PORT-IN VOUCHERS AND LIMITING BILLING INITIAL PUBLIC HOUSING AGENCIES BEYOND 12 MONTHS. (a) In General.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following: ``(21) Portability of vouchers.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `covered public housing agency' means a public housing agency that, in a given fiscal year, utilizes less than 95 percent of the budget authority available to the public housing agency; ``(ii) the term `initial public housing agency' has the meaning given the term `initial PHA' in section 982.4 of title 24, Code of Federal Regulations, or any successor regulation; and ``(iii) the term `portable family' means a family holding a voucher under this subsection that seeks to rent a dwelling unit outside of the jurisdiction of the initial public housing agency. ``(B) Requirement.--A covered public housing agency that has jurisdiction over the area in which a portable family is seeking to use the voucher received from an initial public housing agency-- ``(i) shall notify the initial public housing agency whether the covered public housing agency will-- ``(I) absorb the voucher by using funds of the covered public housing agency; or ``(II) bill the initial public housing agency for a period of not more than 12 months; ``(ii) shall make assistance payments to the portable family under an annual contributions contract entered into between the covered public housing agency and the Secretary; and ``(iii) may not bill the initial public housing agency for the assistance payments described in clause (ii) for a period of more than 12 months beginning on the effective date of the initial billing.''. (b) Technical Amendment.--Effective on December 27, 2022, paragraph (21) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as added by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2462), is redesignated as paragraph (22). <all>

A bill to require certain public housing agencies to absorb port-in housing choice vouchers, and for other purposes.

A bill to require certain public housing agencies to absorb port-in housing choice vouchers, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to require certain public housing agencies to absorb port-in housing choice vouchers, and for other purposes.

Sen. Ernst, Joni

R

IA

This bill requires a public housing agency that uses less than 95% of its budget authority in a given year to accept a housing choice voucher from a family that received the voucher from an agency in a different jurisdiction.

To require certain public housing agencies to absorb port-in housing choice vouchers, 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. REQUIRING CERTAIN PUBLIC HOUSING AGENCIES TO ABSORB PORT-IN VOUCHERS AND LIMITING BILLING INITIAL PUBLIC HOUSING AGENCIES BEYOND 12 MONTHS. (a) In General.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following: ``(21) Portability of vouchers.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `covered public housing agency' means a public housing agency that, in a given fiscal year, utilizes less than 95 percent of the budget authority available to the public housing agency; ``(ii) the term `initial public housing agency' has the meaning given the term `initial PHA' in section 982.4 of title 24, Code of Federal Regulations, or any successor regulation; and ``(iii) the term `portable family' means a family holding a voucher under this subsection that seeks to rent a dwelling unit outside of the jurisdiction of the initial public housing agency. ``(B) Requirement.--A covered public housing agency that has jurisdiction over the area in which a portable family is seeking to use the voucher received from an initial public housing agency-- ``(i) shall notify the initial public housing agency whether the covered public housing agency will-- ``(I) absorb the voucher by using funds of the covered public housing agency; or ``(II) bill the initial public housing agency for a period of not more than 12 months; ``(ii) shall make assistance payments to the portable family under an annual contributions contract entered into between the covered public housing agency and the Secretary; and ``(iii) may not bill the initial public housing agency for the assistance payments described in clause (ii) for a period of more than 12 months beginning on the effective date of the initial billing.''. (b) Technical Amendment.--Effective on December 27, 2022, paragraph (21) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as added by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2462), is redesignated as paragraph (22). <all>

To require certain public housing agencies to absorb port-in housing choice vouchers, 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. REQUIRING CERTAIN PUBLIC HOUSING AGENCIES TO ABSORB PORT-IN VOUCHERS AND LIMITING BILLING INITIAL PUBLIC HOUSING AGENCIES BEYOND 12 MONTHS. (a) In General.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following: ``(21) Portability of vouchers.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `covered public housing agency' means a public housing agency that, in a given fiscal year, utilizes less than 95 percent of the budget authority available to the public housing agency; ``(ii) the term `initial public housing agency' has the meaning given the term `initial PHA' in section 982.4 of title 24, Code of Federal Regulations, or any successor regulation; and ``(iii) the term `portable family' means a family holding a voucher under this subsection that seeks to rent a dwelling unit outside of the jurisdiction of the initial public housing agency. ``(B) Requirement.--A covered public housing agency that has jurisdiction over the area in which a portable family is seeking to use the voucher received from an initial public housing agency-- ``(i) shall notify the initial public housing agency whether the covered public housing agency will-- ``(I) absorb the voucher by using funds of the covered public housing agency; or ``(II) bill the initial public housing agency for a period of not more than 12 months; ``(ii) shall make assistance payments to the portable family under an annual contributions contract entered into between the covered public housing agency and the Secretary; and ``(iii) may not bill the initial public housing agency for the assistance payments described in clause (ii) for a period of more than 12 months beginning on the effective date of the initial billing.''. 1437f(o)), as added by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2462), is redesignated as paragraph (22).

To require certain public housing agencies to absorb port-in housing choice vouchers, 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. REQUIRING CERTAIN PUBLIC HOUSING AGENCIES TO ABSORB PORT-IN VOUCHERS AND LIMITING BILLING INITIAL PUBLIC HOUSING AGENCIES BEYOND 12 MONTHS. (a) In General.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following: ``(21) Portability of vouchers.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `covered public housing agency' means a public housing agency that, in a given fiscal year, utilizes less than 95 percent of the budget authority available to the public housing agency; ``(ii) the term `initial public housing agency' has the meaning given the term `initial PHA' in section 982.4 of title 24, Code of Federal Regulations, or any successor regulation; and ``(iii) the term `portable family' means a family holding a voucher under this subsection that seeks to rent a dwelling unit outside of the jurisdiction of the initial public housing agency. ``(B) Requirement.--A covered public housing agency that has jurisdiction over the area in which a portable family is seeking to use the voucher received from an initial public housing agency-- ``(i) shall notify the initial public housing agency whether the covered public housing agency will-- ``(I) absorb the voucher by using funds of the covered public housing agency; or ``(II) bill the initial public housing agency for a period of not more than 12 months; ``(ii) shall make assistance payments to the portable family under an annual contributions contract entered into between the covered public housing agency and the Secretary; and ``(iii) may not bill the initial public housing agency for the assistance payments described in clause (ii) for a period of more than 12 months beginning on the effective date of the initial billing.''. (b) Technical Amendment.--Effective on December 27, 2022, paragraph (21) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as added by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2462), is redesignated as paragraph (22). <all>

To require certain public housing agencies to absorb port-in housing choice vouchers, 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. REQUIRING CERTAIN PUBLIC HOUSING AGENCIES TO ABSORB PORT-IN VOUCHERS AND LIMITING BILLING INITIAL PUBLIC HOUSING AGENCIES BEYOND 12 MONTHS. (a) In General.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following: ``(21) Portability of vouchers.-- ``(A) Definitions.--In this paragraph-- ``(i) the term `covered public housing agency' means a public housing agency that, in a given fiscal year, utilizes less than 95 percent of the budget authority available to the public housing agency; ``(ii) the term `initial public housing agency' has the meaning given the term `initial PHA' in section 982.4 of title 24, Code of Federal Regulations, or any successor regulation; and ``(iii) the term `portable family' means a family holding a voucher under this subsection that seeks to rent a dwelling unit outside of the jurisdiction of the initial public housing agency. ``(B) Requirement.--A covered public housing agency that has jurisdiction over the area in which a portable family is seeking to use the voucher received from an initial public housing agency-- ``(i) shall notify the initial public housing agency whether the covered public housing agency will-- ``(I) absorb the voucher by using funds of the covered public housing agency; or ``(II) bill the initial public housing agency for a period of not more than 12 months; ``(ii) shall make assistance payments to the portable family under an annual contributions contract entered into between the covered public housing agency and the Secretary; and ``(iii) may not bill the initial public housing agency for the assistance payments described in clause (ii) for a period of more than 12 months beginning on the effective date of the initial billing.''. (b) Technical Amendment.--Effective on December 27, 2022, paragraph (21) of section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as added by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 2462), is redesignated as paragraph (22). <all>

H.R.8358

Health

Food Safety Administration Act of 2022 This bill splits the current Food and Drug Administration into the Federal Drug Administration (to regulate drugs, cosmetics, devices, biological products, color additives, and tobacco) and the Food Safety Administration (to regulate food safety). The bill also establishes specific requirements with respect to manufacturers of infant formula, such as requiring manufacturers to notify the newly created Food Safety Administration of potential infant formula shortages.

To establish the Food Safety Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, 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 ``Food Safety Administration Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Food Safety Administration established under section 101(a)(1). (2) Administrator.--The term ``Administrator'' means the Administrator of Food Safety appointed under section 101(a)(2). (3) Facility.--The term ``facility'' means any factory, warehouse, or establishment that is subject to the requirements of section 415 or 419 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350d; 350h). SEC. 3. EFFECTIVE DATE. This Act, including the amendments made by this Act, shall take effect 180 days after the date of enactment of this Act. SEC. 4. FUNDING. (a) Transfer of Funds.--The appropriations, allocations, and other funds that relate to the authorities, functions, and agencies transferred under section 102 shall be transferred to the Administration. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter. TITLE I--ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION SEC. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION. (a) Establishment.-- (1) In general.--There is established within the Department of Health and Human Services an agency to be known as the ``Food Safety Administration''. (2) Head of administration.--The Administration shall be headed by the Administrator of Food Safety, who shall have food safety expertise, and be appointed by the President, by and with the advice and consent of the Senate. (3) Effect.--The Federal Food and Drug Administration shall be renamed ``Federal Drug Administration'' and retain responsibility for carrying out its responsibilities related to drugs, cosmetics, devices, biological products, color additives, and tobacco. The Commissioner of Food and Drugs shall be renamed the ``Commissioner of Drugs'', and shall retain the responsibilities of the Commissioner of Food and Drugs, except such responsibilities that relate to food, which shall be assumed by the Administrator of Food Safety. Each reference in statute to the ``Food and Drug Administration'' shall be deemed a reference to the ``Federal Drug Administration'', and each reference in statute to the ``Commissioner of Food and Drugs'' shall be deemed a reference to the ``Commissioner of Drugs''. (b) Duties of the Administrator.--The Administrator shall-- (1) administer and enforce all authorities under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.); (2) serve as a representative to international food safety bodies and discussions; (3) promulgate and enforce regulations to ensure the security of the food supply from all forms of contamination, including intentional contamination; and (4) oversee-- (A) implementation of Federal food safety; (B) inspection, labeling, enforcement, and research efforts to protect the public health; (C) development of consistent and science-based standards for safe food; (D) safety reviews and reassessments of food additives; (E) establishment and enforcement of tolerances for poisonous or deleterious substances; (F) monitoring and enforcement of pesticide residue tolerances in or on foods; (G) coordination and prioritization of food safety research and education programs with other Federal agencies; (H) prioritization of Federal food safety efforts and deployment of Federal food safety resources to achieve the greatest benefit in reducing foodborne illness; (I) coordination of the Federal response to foodborne illness outbreaks with other Federal and State agencies; (J) integration of Federal food safety activities with State and local agencies; and (K) assignment of tolerances for animal drugs used in food-producing animals. SEC. 102. TRANSFER OF AUTHORITY, FUNCTIONS, AND AGENCIES. (a) Transfer of Authority.--The Agency shall assume responsibility for carrying out chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) and maintain all enforcement authorities with respect to food held by the Food and Drug Administration on the date of enactment of this Act. (b) Transfer of Functions.--For each Federal agency, office, and center specified in subsection (c), there are transferred to the Administration all functions that the head of the Federal agency exercised on the day before the date of enactment of this Act (including all related functions of any officer or employee of the Federal agency) that relate to administration or enforcement of the food safety law, as determined by the President. (c) Transferred Agencies.--The Federal agencies referred to in subsection (b) are-- (1) the resources and facilities of the Center for Food Safety and Applied Nutrition of the Food and Drug Administration that administer chapter IV of the Federal Food, Drug, and Cosmetics Act (21 U.S.C. 341 et seq.); (2) the resources and facilities of the Office of Regulatory Affairs of the Food and Drug Administration that administer and conduct inspections of food and feed facilities and imports; (3) the resources and facilities of the Center for Veterinary Medicine of the Food and Drug Administration that administer chapter IV of the Federal Food, Drug, and Cosmetics Act (21 U.S.C. 341 et seq.); (4) the Office of Food Policy and Response of the Food and Drug Administration; and (5) such other offices, services, or agencies as the President designates by Executive order to carry out this Act. (d) Conforming Amendment.--Subchapter A of chapter VII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371 et seq.) is amended by adding at the end the following: ``SEC. 703. REGULATION OF FOOD. ``Notwithstanding any other provision of this Act, beginning on the date that is 180 days after the date of enactment of the Food Safety Administration Act of 2022, any authority under this Act that relates to food shall be under the authority of the Food Safety Administration, and shall be carried out by the Administrator of Food Safety. Any reference in this Act to authorities related to food held by the Secretary shall be deemed to be references to authorities held by the Administrator of Food Safety.''. SEC. 103. ADDITIONAL DUTIES OF THE ADMINISTRATION. (a) Officers and Employees.--The Administrator may-- (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. (b) Experts and Consultants.--The Administration may-- (1) procure the services of temporary or intermittent experts and consultants as authorized by section 3109 of title 5, United States Code; and (2) pay in connection with those services the travel expenses of the experts and consultants, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of that title. (c) Bureaus, Offices, and Divisions.--The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. (d) Advisory Committees.-- (1) In general.--The Administrator shall establish advisory committees that consist of representative of scientific expert bodies, academics, industry specialists, and consumers. (2) Duties.--The duties of an advisory committee established under paragraph (1) may include developing recommendations with respect to the development of regulatory science and processes, research, communications, performance standards, and inspection. TITLE II--ADMINISTRATION OF FOOD SAFETY PROGRAM SEC. 201. ESTABLISHMENT OF INSPECTION PROGRAM. (a) In General.--The Administrator shall establish an inspection program, which shall include inspections of food facilities subject to subsection (b) and in accordance with section 202. (b) Facility Categories.--Not later than 6 months after the date of enactment of this Act, the Administrator shall issue formal guidance defining the criteria by which food facilities will be divided into ``high-risk,'' ``intermediate-risk,'' and ``low-risk'' facilities. (c) Inspection Frequencies.--Frequency of inspections of food facilities under this Act shall be based on the categories defined pursuant to subjection (b) and in accordance with section 202. SEC. 202. INSPECTIONS OF FOOD FACILITIES. (a) Frequency of Inspections.-- (1) High-risk facilities.--The Administrator shall inspect high-risk facilities not less than once per a year. (2) Intermediate-risk facilities.--The Administrator shall inspect intermediate-risk facilities not less than once every 2 years. (3) Low-risk facilities.--The Administrator shall inspect low-risk facilities, which shall include warehouses or similar facilities that engage in packaging or distribution, and pose very minimal public health risk, not less than once every 3 years. (b) Infant Formula Manufacturing Facilities.--The Administrator shall inspect the facilities of each manufacturer of infant formula not less than every 6 months. (c) Federal and State Cooperation.--The Administrator shall contract with State officials to carry out half of the safety inspections required under this section. SEC. 203. COMPLIANCE CHECKS. Not later than 30 days after issuing a form that is equivalent to an FDA Form 483 to a facility, pursuant to an inspection under section 704 of Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374), the Administrator shall conduct a follow-up compliance check with the facility. SEC. 204. TRACEABILITY RULE. Not later than November 7, 2022, the Administrator shall promulgate a final rule that is based on the proposed rule issued by the Food and Drug Administration titled, ``Requirements for Additional Traceability Records for Certain Foods'' (85 Fed. Reg. 59984 (Sept. 23, 2021)). SEC. 205. NOTICE OF CIRCUMSTANCES THAT COULD LEAD TO A SHORTAGE. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended by adding at the end the following: ``SEC. 424. NOTICE OF CIRCUMSTANCES THAT COULD LEAD TO A SHORTAGE. ``(a) Notice Requirement.--Not later than 5 business days after a manufacturer of infant formula or essential medical food becomes aware of circumstances that could lead to a shortage of infant formula or essential medical food in the United States, such manufacturer shall give written notice of such circumstances to the Administrator. ``(b) Fines.--If the Administrator finds that a manufacturer of infant formula or essential medical food is in violation of the requirement of this section to give written notice, such violation shall be treated as an infraction for purposes of imposing a fine in accordance with title 18, United States Code. ``(c) Definitions.--In this section: ``(1) The term `Administrator' means the Administrator of Food Safety. ``(2) The term `essential medical food' means a food that-- ``(A) is formulated to be consumed or administered enterally under the supervision of a physician; ``(B) is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and ``(C) is identified by the Administrator as being essential for any urgent medical condition.''. <all>

Food Safety Administration Act of 2022

To establish the Food Safety Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes.

Food Safety Administration Act of 2022

Rep. DeLauro, Rosa L.

D

CT

This bill splits the current Food and Drug Administration into the Federal Drug Administration (to regulate drugs, cosmetics, devices, biological products, color additives, and tobacco) and the Food Safety Administration (to regulate food safety). The bill also establishes specific requirements with respect to manufacturers of infant formula, such as requiring manufacturers to notify the newly created Food Safety Administration of potential infant formula shortages.

To establish the Food Safety Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes. SHORT TITLE. 2. 350d; 350h). 3. EFFECTIVE DATE. This Act, including the amendments made by this Act, shall take effect 180 days after the date of enactment of this Act. 4. FUNDING. (a) Transfer of Funds.--The appropriations, allocations, and other funds that relate to the authorities, functions, and agencies transferred under section 102 shall be transferred to the Administration. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION. (3) Effect.--The Federal Food and Drug Administration shall be renamed ``Federal Drug Administration'' and retain responsibility for carrying out its responsibilities related to drugs, cosmetics, devices, biological products, color additives, and tobacco. Each reference in statute to the ``Food and Drug Administration'' shall be deemed a reference to the ``Federal Drug Administration'', and each reference in statute to the ``Commissioner of Food and Drugs'' shall be deemed a reference to the ``Commissioner of Drugs''. (b) Duties of the Administrator.--The Administrator shall-- (1) administer and enforce all authorities under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 102. TRANSFER OF AUTHORITY, FUNCTIONS, AND AGENCIES. 703. REGULATION OF FOOD. 103. (a) Officers and Employees.--The Administrator may-- (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. (c) Bureaus, Offices, and Divisions.--The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. (d) Advisory Committees.-- (1) In general.--The Administrator shall establish advisory committees that consist of representative of scientific expert bodies, academics, industry specialists, and consumers. (2) Duties.--The duties of an advisory committee established under paragraph (1) may include developing recommendations with respect to the development of regulatory science and processes, research, communications, performance standards, and inspection. 201. ESTABLISHMENT OF INSPECTION PROGRAM. 202. INSPECTIONS OF FOOD FACILITIES. (2) Intermediate-risk facilities.--The Administrator shall inspect intermediate-risk facilities not less than once every 2 years. 203. COMPLIANCE CHECKS. 204. TRACEABILITY RULE. Reg. 59984 (Sept. 23, 2021)). SEC. 205. 341 et seq.) is amended by adding at the end the following: ``SEC. 424. ``(a) Notice Requirement.--Not later than 5 business days after a manufacturer of infant formula or essential medical food becomes aware of circumstances that could lead to a shortage of infant formula or essential medical food in the United States, such manufacturer shall give written notice of such circumstances to the Administrator. ``(c) Definitions.--In this section: ``(1) The term `Administrator' means the Administrator of Food Safety.

To establish the Food Safety Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes. SHORT TITLE. 2. 3. EFFECTIVE DATE. 4. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION. Each reference in statute to the ``Food and Drug Administration'' shall be deemed a reference to the ``Federal Drug Administration'', and each reference in statute to the ``Commissioner of Food and Drugs'' shall be deemed a reference to the ``Commissioner of Drugs''. (b) Duties of the Administrator.--The Administrator shall-- (1) administer and enforce all authorities under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 102. TRANSFER OF AUTHORITY, FUNCTIONS, AND AGENCIES. REGULATION OF FOOD. (a) Officers and Employees.--The Administrator may-- (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. (c) Bureaus, Offices, and Divisions.--The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. (d) Advisory Committees.-- (1) In general.--The Administrator shall establish advisory committees that consist of representative of scientific expert bodies, academics, industry specialists, and consumers. 202. INSPECTIONS OF FOOD FACILITIES. (2) Intermediate-risk facilities.--The Administrator shall inspect intermediate-risk facilities not less than once every 2 years. COMPLIANCE CHECKS. TRACEABILITY RULE. SEC. 341 et seq.) is amended by adding at the end the following: ``SEC. ``(a) Notice Requirement.--Not later than 5 business days after a manufacturer of infant formula or essential medical food becomes aware of circumstances that could lead to a shortage of infant formula or essential medical food in the United States, such manufacturer shall give written notice of such circumstances to the Administrator. ``(c) Definitions.--In this section: ``(1) The term `Administrator' means the Administrator of Food Safety.

To establish the Food Safety Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes. SHORT TITLE. 2. 350d; 350h). 3. EFFECTIVE DATE. This Act, including the amendments made by this Act, shall take effect 180 days after the date of enactment of this Act. 4. FUNDING. (a) Transfer of Funds.--The appropriations, allocations, and other funds that relate to the authorities, functions, and agencies transferred under section 102 shall be transferred to the Administration. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION. (2) Head of administration.--The Administration shall be headed by the Administrator of Food Safety, who shall have food safety expertise, and be appointed by the President, by and with the advice and consent of the Senate. (3) Effect.--The Federal Food and Drug Administration shall be renamed ``Federal Drug Administration'' and retain responsibility for carrying out its responsibilities related to drugs, cosmetics, devices, biological products, color additives, and tobacco. Each reference in statute to the ``Food and Drug Administration'' shall be deemed a reference to the ``Federal Drug Administration'', and each reference in statute to the ``Commissioner of Food and Drugs'' shall be deemed a reference to the ``Commissioner of Drugs''. (b) Duties of the Administrator.--The Administrator shall-- (1) administer and enforce all authorities under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 102. TRANSFER OF AUTHORITY, FUNCTIONS, AND AGENCIES. and maintain all enforcement authorities with respect to food held by the Food and Drug Administration on the date of enactment of this Act. 703. REGULATION OF FOOD. 103. (a) Officers and Employees.--The Administrator may-- (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. (b) Experts and Consultants.--The Administration may-- (1) procure the services of temporary or intermittent experts and consultants as authorized by section 3109 of title 5, United States Code; and (2) pay in connection with those services the travel expenses of the experts and consultants, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of that title. (c) Bureaus, Offices, and Divisions.--The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. (d) Advisory Committees.-- (1) In general.--The Administrator shall establish advisory committees that consist of representative of scientific expert bodies, academics, industry specialists, and consumers. (2) Duties.--The duties of an advisory committee established under paragraph (1) may include developing recommendations with respect to the development of regulatory science and processes, research, communications, performance standards, and inspection. 201. ESTABLISHMENT OF INSPECTION PROGRAM. (c) Inspection Frequencies.--Frequency of inspections of food facilities under this Act shall be based on the categories defined pursuant to subjection (b) and in accordance with section 202. 202. INSPECTIONS OF FOOD FACILITIES. (2) Intermediate-risk facilities.--The Administrator shall inspect intermediate-risk facilities not less than once every 2 years. 203. COMPLIANCE CHECKS. 204. TRACEABILITY RULE. Not later than November 7, 2022, the Administrator shall promulgate a final rule that is based on the proposed rule issued by the Food and Drug Administration titled, ``Requirements for Additional Traceability Records for Certain Foods'' (85 Fed. Reg. 59984 (Sept. 23, 2021)). SEC. 205. 341 et seq.) is amended by adding at the end the following: ``SEC. 424. ``(a) Notice Requirement.--Not later than 5 business days after a manufacturer of infant formula or essential medical food becomes aware of circumstances that could lead to a shortage of infant formula or essential medical food in the United States, such manufacturer shall give written notice of such circumstances to the Administrator. ``(c) Definitions.--In this section: ``(1) The term `Administrator' means the Administrator of Food Safety.

To establish the Food Safety Administration to protect the public health by ensuring the safety of food, preventing foodborne illness, maintaining safety reviews and reassessments of food additives, enforcing pesticide residue tolerances, improving the surveillance of foodborne pathogens, and for other purposes. SHORT TITLE. 2. 350d; 350h). 3. EFFECTIVE DATE. This Act, including the amendments made by this Act, shall take effect 180 days after the date of enactment of this Act. 4. FUNDING. (a) Transfer of Funds.--The appropriations, allocations, and other funds that relate to the authorities, functions, and agencies transferred under section 102 shall be transferred to the Administration. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, such sums as may be necessary for fiscal year 2023 and each fiscal year thereafter. 101. ESTABLISHMENT OF FOOD SAFETY ADMINISTRATION. (2) Head of administration.--The Administration shall be headed by the Administrator of Food Safety, who shall have food safety expertise, and be appointed by the President, by and with the advice and consent of the Senate. (3) Effect.--The Federal Food and Drug Administration shall be renamed ``Federal Drug Administration'' and retain responsibility for carrying out its responsibilities related to drugs, cosmetics, devices, biological products, color additives, and tobacco. Each reference in statute to the ``Food and Drug Administration'' shall be deemed a reference to the ``Federal Drug Administration'', and each reference in statute to the ``Commissioner of Food and Drugs'' shall be deemed a reference to the ``Commissioner of Drugs''. (b) Duties of the Administrator.--The Administrator shall-- (1) administer and enforce all authorities under chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 102. TRANSFER OF AUTHORITY, FUNCTIONS, AND AGENCIES. and maintain all enforcement authorities with respect to food held by the Food and Drug Administration on the date of enactment of this Act. 703. REGULATION OF FOOD. 103. (a) Officers and Employees.--The Administrator may-- (1) appoint officers and employees for the Administration in accordance with the provisions of title 5, United States Code, relating to appointment in the competitive service; and (2) fix the compensation of those officers and employees in accordance with chapter 51 and with subchapter III of chapter 53 of that title, relating to classification and General Schedule pay rates. (b) Experts and Consultants.--The Administration may-- (1) procure the services of temporary or intermittent experts and consultants as authorized by section 3109 of title 5, United States Code; and (2) pay in connection with those services the travel expenses of the experts and consultants, including transportation and per diem in lieu of subsistence while away from the homes or regular places of business of the individuals, as authorized by section 5703 of that title. (c) Bureaus, Offices, and Divisions.--The Administrator may establish within the Administration such bureaus, offices, and divisions as the Administrator determines are necessary to perform the duties of the Administrator. (d) Advisory Committees.-- (1) In general.--The Administrator shall establish advisory committees that consist of representative of scientific expert bodies, academics, industry specialists, and consumers. (2) Duties.--The duties of an advisory committee established under paragraph (1) may include developing recommendations with respect to the development of regulatory science and processes, research, communications, performance standards, and inspection. 201. ESTABLISHMENT OF INSPECTION PROGRAM. (b) Facility Categories.--Not later than 6 months after the date of enactment of this Act, the Administrator shall issue formal guidance defining the criteria by which food facilities will be divided into ``high-risk,'' ``intermediate-risk,'' and ``low-risk'' facilities. (c) Inspection Frequencies.--Frequency of inspections of food facilities under this Act shall be based on the categories defined pursuant to subjection (b) and in accordance with section 202. 202. INSPECTIONS OF FOOD FACILITIES. (2) Intermediate-risk facilities.--The Administrator shall inspect intermediate-risk facilities not less than once every 2 years. 203. COMPLIANCE CHECKS. Not later than 30 days after issuing a form that is equivalent to an FDA Form 483 to a facility, pursuant to an inspection under section 704 of Federal Food, Drug, and Cosmetic Act (21 U.S.C. 204. TRACEABILITY RULE. Not later than November 7, 2022, the Administrator shall promulgate a final rule that is based on the proposed rule issued by the Food and Drug Administration titled, ``Requirements for Additional Traceability Records for Certain Foods'' (85 Fed. Reg. 59984 (Sept. 23, 2021)). SEC. 205. 341 et seq.) is amended by adding at the end the following: ``SEC. 424. ``(a) Notice Requirement.--Not later than 5 business days after a manufacturer of infant formula or essential medical food becomes aware of circumstances that could lead to a shortage of infant formula or essential medical food in the United States, such manufacturer shall give written notice of such circumstances to the Administrator. ``(c) Definitions.--In this section: ``(1) The term `Administrator' means the Administrator of Food Safety. ``(2) The term `essential medical food' means a food that-- ``(A) is formulated to be consumed or administered enterally under the supervision of a physician; ``(B) is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and ``(C) is identified by the Administrator as being essential for any urgent medical condition.''.

S.3954

Finance and Financial Sector

This bill prohibits a Federal Reserve bank from offering products or services directly to an individual, maintaining an account on behalf of an individual, or issuing a central bank digital currency directly to an individual.

To amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, 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. PROHIBITION ON FEDERAL RESERVE BANKS RELATING TO CERTAIN PRODUCTS OR SERVICES FOR INDIVIDUALS. Section 13 of the Federal Reserve Act is amended by adding after the 14th undesignated paragraph (12 U.S.C. 347d) the following: ``No Federal reserve bank may offer products or services directly to an individual, maintain an account on behalf of an individual, or issue a central bank digital currency directly to an individual.''. <all>

A bill to amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, and for other purposes.

A bill to amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, and for other purposes.

Sen. Cruz, Ted

R

TX

This bill prohibits a Federal Reserve bank from offering products or services directly to an individual, maintaining an account on behalf of an individual, or issuing a central bank digital currency directly to an individual.

To amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, 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. PROHIBITION ON FEDERAL RESERVE BANKS RELATING TO CERTAIN PRODUCTS OR SERVICES FOR INDIVIDUALS. Section 13 of the Federal Reserve Act is amended by adding after the 14th undesignated paragraph (12 U.S.C. 347d) the following: ``No Federal reserve bank may offer products or services directly to an individual, maintain an account on behalf of an individual, or issue a central bank digital currency directly to an individual.''. <all>

To amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, 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. PROHIBITION ON FEDERAL RESERVE BANKS RELATING TO CERTAIN PRODUCTS OR SERVICES FOR INDIVIDUALS. Section 13 of the Federal Reserve Act is amended by adding after the 14th undesignated paragraph (12 U.S.C. 347d) the following: ``No Federal reserve bank may offer products or services directly to an individual, maintain an account on behalf of an individual, or issue a central bank digital currency directly to an individual.''. <all>

To amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, 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. PROHIBITION ON FEDERAL RESERVE BANKS RELATING TO CERTAIN PRODUCTS OR SERVICES FOR INDIVIDUALS. Section 13 of the Federal Reserve Act is amended by adding after the 14th undesignated paragraph (12 U.S.C. 347d) the following: ``No Federal reserve bank may offer products or services directly to an individual, maintain an account on behalf of an individual, or issue a central bank digital currency directly to an individual.''. <all>

To amend the Federal Reserve Act to prohibit the Federal reserve banks from offering certain products or services directly to an individual, 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. PROHIBITION ON FEDERAL RESERVE BANKS RELATING TO CERTAIN PRODUCTS OR SERVICES FOR INDIVIDUALS. Section 13 of the Federal Reserve Act is amended by adding after the 14th undesignated paragraph (12 U.S.C. 347d) the following: ``No Federal reserve bank may offer products or services directly to an individual, maintain an account on behalf of an individual, or issue a central bank digital currency directly to an individual.''. <all>

S.606

Government Operations and Politics

Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021 or the RESPOND Act of 2021 This bill addresses issues related to the impact of climate change on the economy, including federal retirement plans. The Federal Retirement Thrift Investment Board must establish an advisory panel on the economics of climate change to advise on how the board may invest in clean and renewable energy and make investments in a manner that helps ensure net zero greenhouse gas emissions in the United States by 2050. The board must then assess whether implementing low-carbon investment strategies is profitable and consistent with its duties. If the board cannot implement such strategies, the bill establishes the Climate Choice Stock Index Fund as part of the Federal Employees Retirement System's Thrift Savings Plan. This fund is established as an investment portfolio that performs similarly to other plan index funds, but does not invest in fossil fuels. Finally, the Federal Reserve Board and the Securities and Exchange Commission must annually report on the economic costs of climate change.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, 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 ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. SEC. 2. CLIMATE CHANGE ECONOMIC COST REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission shall jointly submit to Congress a report that projects and accounts for the economic costs directly and indirectly caused by the impacts of climate change, which shall include an analysis of-- (1) the effects that climate change has on the labor market, economic growth, public health, and other broad areas of the economy of the United States; (2) property and land damage from rising sea levels and extreme weather; and (3) the costs associated with natural disaster relief and mitigation. SEC. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (a) Establishment.--The Federal Retirement Thrift Investment Board (referred to in this section as the ``Board'') shall establish a panel to be known as the ``Federal Advisory Panel on the Economics of Climate Change'' (referred to in this section as the ``Advisory Panel''). (b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (3) Chair.--The Board shall select a member of the Advisory Panel appointed under paragraph (1)(A) to serve as the Chair of the Advisory Panel. (4) Compensation.-- (A) In general.--A member of the Advisory Panel-- (i) may not receive pay by reason of the service of the member on the Advisory Panel; and (ii) shall not be considered to be an employee of the Federal Government solely because of the service of the member on the Advisory Panel. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (c) Duties.--The Advisory Panel shall-- (1) advise the Board on how, consistent with the fiduciary duties of the Board, the Board can make investments in a manner that helps ensure that the United States achieves net zero greenhouse gas emissions not later than 2050; (2) identify possible investment opportunities in clean and renewable energy and other emerging industries that would maximize returns; (3) produce a comparative analysis comparing the fiduciary efficacy and responsibility of existing investment practices of the Board with the investment strategies described in paragraph (1); and (4) advise the Board on how to identify, assess, and manage the investment risks and opportunities of climate change and prepare for a transition to a low-carbon economy. (d) Examination.-- (1) In general.--In carrying out the duties of the Advisory Panel under subsection (c), the Advisory Panel shall examine the following: (A) Economic and policy challenges facing the fossil fuel industry over the short, medium, and long term. (B) Quantitative and qualitative analysis and modeling of the economic impact of climate change on Federal employee retirement programs, including diversification of investments, risk tolerance, future economic and workforce trends, new opportunities, expected losses, and returns. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (E) Strategic options to address climate-related investment risks through further efforts to divest from fossil fuel holdings, including-- (i) transitioning to a low-carbon or carbon-free benchmark index for all public equities; (ii) divesting from significant fossil fuel holdings that are not responsible fiduciary investments for beneficiaries; and (iii) exploring the use of organizations to de-risk investments in carbon dependent funds. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Advisory Panel shall submit to the Board a report containing the findings of the Advisory Panel, including the results of the examinations performed under paragraph (1). (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (2) Report to congress.--The Board shall submit to Congress, including to the Office of the Law Revision Counsel of the House of Representatives, a report regarding the determination of the Board under paragraph (1), including if the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies. (g) Termination.--Notwithstanding section 14 of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall terminate upon submitting the report required under subsection (d)(2). (h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App.), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6).''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect-- (1) only if the Federal Retirement Thrift Investment Board, in the report submitted under section 3(f)(2), indicates that the Board is unable to determine that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies; and (2) on the date on which the Board submits the report described in paragraph (1). <all>

RESPOND Act of 2021

A bill to require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes.

RESPOND Act of 2021 Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021

Sen. Merkley, Jeff

D

OR

This bill addresses issues related to the impact of climate change on the economy, including federal retirement plans. The Federal Retirement Thrift Investment Board must establish an advisory panel on the economics of climate change to advise on how the board may invest in clean and renewable energy and make investments in a manner that helps ensure net zero greenhouse gas emissions in the United States by 2050. The board must then assess whether implementing low-carbon investment strategies is profitable and consistent with its duties. If the board cannot implement such strategies, the bill establishes the Climate Choice Stock Index Fund as part of the Federal Employees Retirement System's Thrift Savings Plan. This fund is established as an investment portfolio that performs similarly to other plan index funds, but does not invest in fossil fuels. Finally, the Federal Reserve Board and the Securities and Exchange Commission must annually report on the economic costs of climate change.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, and for other purposes. SHORT TITLE. This Act may be cited as the ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. App. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6). ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

To require the Board of Governors of the Federal Reserve System and the Securities and Exchange Commission to issue an annual report to Congress projecting and accounting for the economic costs directly and indirectly caused by the impacts of climate change, to require the Federal Retirement Thrift Investment Board to establish a Federal Advisory Panel on the Economics of Climate Change, 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 ``Restructuring Environmentally Sound Pensions in Order to Negate Disaster Act of 2021'' or the ``RESPOND Act of 2021''. 2. CLIMATE CHANGE ECONOMIC COST REPORT. 3. FEDERAL ADVISORY PANEL ON THE ECONOMICS OF CLIMATE CHANGE. (b) Membership.-- (1) In general.--The Advisory Panel shall consist of 9 members, appointed by the Board as follows: (A) Three members shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy. (B) Six members shall be chosen from among persons with expertise in local, national, or transnational financing that seeks to support mitigation and adaptation actions to combat climate change. (2) Limitation.--Not more than 3 members of the Advisory Panel may represent a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (B) Expenses.--Notwithstanding subparagraph (A), a member of the Advisory Panel appointed under paragraph (1)(A) may be paid expenses in accordance with section 5703 of title 5, United States Code. (B) Quantitative and qualitative analysis and modeling of the economic impact of climate change on Federal employee retirement programs, including diversification of investments, risk tolerance, future economic and workforce trends, new opportunities, expected losses, and returns. (C) The current state of, and outlook for, clean energy, including possible investment opportunities. (D) The experiences, including performance analyses, of other pension funds and investors that have undertaken concerted strategic efforts to divest from fossil fuel holdings in order to maximize the efficacy and stability of their assets while minimizing their climate-related risk exposure. (2) Report.--Not later than 2 years after the date of enactment of this Act, the Advisory Panel shall submit to the Board a report containing the findings of the Advisory Panel, including the results of the examinations performed under paragraph (1). (e) Consultation With FEMA.--The Advisory Panel shall, in preparing the report required under subsection (d)(2), consult with the Administrator of the Federal Emergency Management Agency on any matters within the jurisdiction of that Agency. (f) Review of Report.-- (1) In general.--If the Board, after reviewing the report submitted by the Advisory Panel under subsection (d)(2), determines that it would be financially profitable, and consistent with the fiduciary duties of the Board, to implement low-carbon investment strategies, the Board shall establish a plan to transition the investment practices of the Board accordingly. (h) Authorization of Appropriations.--There are authorized to be appropriated not more than $2,000,000 for the Advisory Panel to comply with the requirements of the Federal Advisory Committee Act (5 U.S.C. App. ), including by ensuring that the Advisory Panel will have-- (1) adequate staff and quarters; and (2) funds available to meet the other necessary expenses of the Advisory Panel. SEC. 4. CLIMATE CHOICE STOCK INDEX FUND. (a) In General.--Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6). ''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''.

H.R.4914

International Affairs

Havana Syndrome Attacks Response Act This bill requires the President to sanction foreign persons and governments for carrying out clandestine attacks on U.S. personnel that have caused brain injury. Specifically, the President must impose visa- and asset-blocking sanctions on any foreign person that has directed or carried out such an attack. If the President determines a foreign government carried out such an attack, the President must notify Congress and sanction that country by The President must remove these sanctions after 12 months, provided that (1) the country's government gives reliable assurances that it will not conduct future attacks, and (2) the executive branch does not have persuasive information indicating an attack occurred in the preceding six months. The bill also requires a congressional briefing and report about suspected clandestine attacks on U.S. personnel that have caused brain injury, including hypotheses concerning the identity of the perpetrators and the technical methods used to carry out the attacks.

To impose sanctions against foreign persons and foreign governments in response to certain clandestine attacks on United States personnel, 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 ``Havana Syndrome Attacks Response Act''. SEC. 2. FINDINGS. Congress finds the following: (1) United States personnel have suffered persistent brain injuries after being targeted in attacks that have been increasing in number, geographic location, and audacity. (2) In December 2016, a number of United States Embassy personnel in Havana, Cuba, began to experience the acute and sudden onset of unusual symptoms, usually concurrent with the perceived onset of a loud, directional noise, often accompanied by pain in the ears or the head and a sensation of pressure or vibration. (3) Symptoms, which have been chronic for some personnel, have included dizziness, hearing loss and tinnitus, vertigo, cognitive and motor impairment, severe headaches, and insomnia. (4) A panel of experts convened by the Department of State's Bureau of Medical Services in July 2017 to review triage assessments of medically evaluated personnel from the United States Embassy in Havana came to consensus that the findings were most likely related to neurotrauma from a nonnatural source. (5) On August 11, 2017, Secretary of State Rex Tillerson characterized these episodes as ``health attacks'' against United States personnel in Cuba. (6) On September 29, 2017, the Department of State ordered the departure of non-essential personnel from the United States Embassy in Havana and issued a formal Cuba Travel Warning that stated: ``Over the past several months, numerous U.S. Embassy Havana employees have been targeted in specific attacks. These employees have suffered significant injuries as a consequence of these attacks.''. (7) Other personnel at the United States Consulate in Guangzhou, China, reported similar experiences beginning in 2017. (8) A 2018 report, published in the Journal of the American Medical Association, based on clinical evaluation of affected personnel from United States Embassy, Havana, stated: ``These individuals appeared to have sustained injury to widespread brain networks without an associated history of head trauma.''. (9) The number and locations of these attacks have significantly expanded and, according to press reporting, as of May 2021 there have been more than 130 possible cases that have occurred in Asia, in Europe, and in the Western Hemisphere, including within the United States. (10) According to press reporting, these attacks have occurred, among other places, at the homes of United States personnel, at hotels, and on public streets, including in the immediate vicinity of the White House, in Washington, DC. (11) A 2020 report by the National Academy of Sciences (NAS) found that ``many of the distinctive and acute signs, symptoms, and observations reported by [affected] employees are consistent with the effects of directed, pulsed radio frequency (RF) energy'' and that ``directed pulsed RF energy . . . appears to be the most plausible mechanism in explaining these cases''. (12) According to the NAS report, ``such a scenario raises grave concerns about a world with disinhibited malevolent actors and new tools for causing harm to others''. (13) The continuing and expanding scope of these attacks has become a serious security concern that is also undermining the morale of United States personnel, especially those posted at overseas diplomatic missions. (14) Article 22 of the Vienna Convention on Diplomatic Relations states that ``The receiving State is under a special duty to take all appropriate steps to protect the premises of [a foreign] mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity.''. (15) The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, to which 180 countries are a party, protects diplomatic personnel from attacks on their persons, accommodations, or means of transport, and requires all state parties to punish and take measures to prevent such grave crimes. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to detect, deter, and punish clandestine attacks that cause persistent brain injury in United States personnel; (2) to provide appropriate assistance to United States personnel harmed by such attacks; (3) to hold responsible any persons, entities, or governments involved in ordering or carrying out such attacks, including through appropriate sanctions and criminal prosecutions; (4) to prioritize research into effective countermeasures to help protect United States personnel from such attacks; and (5) to convey to foreign governments through official contact at the highest levels the gravity of United States concern about such attacks and the seriousness of consequences that may follow should attacks continue. SEC. 4. IMPOSITION OF SANCTIONS AGAINST FOREIGN PERSONS IN RESPONSE TO CERTAIN CLANDESTINE ATTACKS ON UNITED STATES PERSONNEL. (a) Imposition of Sanctions.--The President shall impose the sanctions described in subsection (b) with respect to any foreign person that the President determines, on or after the date of the enactment of this Act, knowingly has directed or carried out clandestine attacks on United States personnel that have resulted in brain injury to those personnel. (b) Sanctions Described.--The sanctions described in this subsection are the following: (1) Blocking of property.--The President shall block, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Exclusion from the united states.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any person subject to subsection (a) that is an alien. (c) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(1) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (d) Exceptions.-- (1) Exception for intelligence activities.--Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary-- (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exception relating to importation of goods.-- (A) In general.--The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined.--In this paragraph, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (e) Definitions.--In this section: (1) Foreign person.--The term ``foreign person'' means a person that is not a United States person. (2) Knowingly.--The term ``knowingly'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 5. IMPOSITION OF SANCTIONS AGAINST FOREIGN GOVERNMENTS IN RESPONSE TO CERTAIN CLANDESTINE ATTACKS ON UNITED STATES PERSONNEL. (a) Presidential Determination.--Whenever persuasive information becomes available to the executive branch indicating the substantial possibility that the government of a foreign country has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel, the President shall, within 60 days after the receipt of such information by the executive branch, determine and report to the appropriate congressional committees and leadership whether that government has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel. (b) Imposition of Sanctions.--If at any time the President makes a determination pursuant to subsection (a) that a foreign government has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel, the President shall impose the following sanctions: (1) Foreign assistance.--The United States Government shall terminate assistance to that country under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except for urgent humanitarian assistance and food or other agricultural commodities or products. (2) Commercial exports.--The United States Government shall restrict-- (A) exports, re-exports, and in-country transfers of items to that country pursuant to the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); and (B) licenses for a significant range of goods, software, and technology to that country subject to the Export Administration Regulations. (3) Arms sales.--The United States Government shall terminate-- (A) sales to that country under the Arms Export Control Act (22 U.S.C. 2751 et seq.) of any defense articles, defense services, or design and construction services; and (B) licenses for the export to that country of any item on the United States Munitions List. (4) Arms sales financing.--The United States Government shall terminate all foreign military financing for that country under the Arms Export Control Act (22 U.S.C. 2751 et seq.). (5) Denial of united states government credit or other financial assistance.--The United States Government shall deny to that country any credit, credit guarantees, or other financial assistance by any department, agency, or instrumentality of the United States Government, including the Export-Import Bank of the United States. (c) Removal of Sanctions.--The President shall remove the sanctions imposed with respect to a country pursuant to this section if the President determines and so certifies to the Congress, after the end of the 12-month period beginning on the date on which sanctions were initially imposed on that country pursuant to subsection (a), that-- (1) the government of that country has provided reliable assurances that it will not conduct clandestine attacks on United States personnel; and (2) the executive branch does not have persuasive information indicating the substantial possibility of a clandestine attack on United States personnel that has resulted in brain injury to such personnel during the preceding six months. (d) Definitions.--In this section: (1) Export administration regulations.--The term ``Export Administration Regulations'' means the regulations set forth in subchapter C of chapter VII of title 15, Code of Federal Regulations, or successor regulations. (2) United states munitions list.--The term ``United States Munitions List'' means the list of items established and maintained under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). SEC. 6. BRIEFING AND REPORT TO CONGRESS. (a) Briefing.--Not later than 60 days after the date of the enactment of this Act, the President shall provide the appropriate congressional committees and leadership with a briefing covering the contents described in subsection (c). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the President shall provide the appropriate congressional committees and leadership with a written report covering the contents described in subsection (c), which may include a classified annex. (c) Contents Described.--The contents of the briefing and written report described in this subsection include the following: (1) The dates, numbers, and locations of suspected clandestine attacks on United States personnel resulting in brain injury. (2) A description of the official roles and responsibilities of United States personnel targeted in such suspected attacks. (3) Information and working hypotheses regarding the identity of the perpetrators of any such attacks, including an assessment of which foreign states and non-state actors may have the technical capacity to carry out such attacks. (4) Information and working hypotheses regarding the technical method used to perpetrate such attacks. (5) A description of the process and diagnostic criteria used to screen and identify personnel affected by such suspected attacks. (6) Current advisories and other information provided to United States personnel regarding such attacks, including any information about how to recognize, react to, or protect oneself from such attacks. (7) A list of foreign persons, entities, or governments sanctioned pursuant to or consistent with this Act. (8) A list of the foreign states that have been demarched regarding such attacks, including the date and the official title of the United States official delivering, and the foreign official receiving, any such demarche. SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED. In this Act, the term ``appropriate congressional committees and leadership'' means-- (1) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Speaker, the majority leader, and the minority leader of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, and the majority and minority leaders of the Senate. <all>

Havana Syndrome Attacks Response Act

To impose sanctions against foreign persons and foreign governments in response to certain clandestine attacks on United States personnel, and for other purposes.

Havana Syndrome Attacks Response Act

Rep. McCaul, Michael T.

R

TX

This bill requires the President to sanction foreign persons and governments for carrying out clandestine attacks on U.S. personnel that have caused brain injury. Specifically, the President must impose visa- and asset-blocking sanctions on any foreign person that has directed or carried out such an attack. If the President determines a foreign government carried out such an attack, the President must notify Congress and sanction that country by The President must remove these sanctions after 12 months, provided that (1) the country's government gives reliable assurances that it will not conduct future attacks, and (2) the executive branch does not have persuasive information indicating an attack occurred in the preceding six months. The bill also requires a congressional briefing and report about suspected clandestine attacks on U.S. personnel that have caused brain injury, including hypotheses concerning the identity of the perpetrators and the technical methods used to carry out the attacks.

2. FINDINGS. (6) On September 29, 2017, the Department of State ordered the departure of non-essential personnel from the United States Embassy in Havana and issued a formal Cuba Travel Warning that stated: ``Over the past several months, numerous U.S. Embassy Havana employees have been targeted in specific attacks. These employees have suffered significant injuries as a consequence of these attacks.''. (11) A 2020 report by the National Academy of Sciences (NAS) found that ``many of the distinctive and acute signs, symptoms, and observations reported by [affected] employees are consistent with the effects of directed, pulsed radio frequency (RF) energy'' and that ``directed pulsed RF energy . (15) The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, to which 180 countries are a party, protects diplomatic personnel from attacks on their persons, accommodations, or means of transport, and requires all state parties to punish and take measures to prevent such grave crimes. STATEMENT OF POLICY. 4. IMPOSITION OF SANCTIONS AGAINST FOREIGN PERSONS IN RESPONSE TO CERTAIN CLANDESTINE ATTACKS ON UNITED STATES PERSONNEL. 1701 et seq. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. or any authorized intelligence activities of the United States. (3) Exception relating to importation of goods.-- (A) In general.--The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Knowingly.--The term ``knowingly'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 5. (a) Presidential Determination.--Whenever persuasive information becomes available to the executive branch indicating the substantial possibility that the government of a foreign country has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel, the President shall, within 60 days after the receipt of such information by the executive branch, determine and report to the appropriate congressional committees and leadership whether that government has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel. ), except for urgent humanitarian assistance and food or other agricultural commodities or products. ); and (B) licenses for a significant range of goods, software, and technology to that country subject to the Export Administration Regulations. (3) Arms sales.--The United States Government shall terminate-- (A) sales to that country under the Arms Export Control Act (22 U.S.C. 2778(a)(1)). 6. BRIEFING AND REPORT TO CONGRESS. (8) A list of the foreign states that have been demarched regarding such attacks, including the date and the official title of the United States official delivering, and the foreign official receiving, any such demarche. SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED.

2. FINDINGS. (6) On September 29, 2017, the Department of State ordered the departure of non-essential personnel from the United States Embassy in Havana and issued a formal Cuba Travel Warning that stated: ``Over the past several months, numerous U.S. Embassy Havana employees have been targeted in specific attacks. These employees have suffered significant injuries as a consequence of these attacks.''. 4. IMPOSITION OF SANCTIONS AGAINST FOREIGN PERSONS IN RESPONSE TO CERTAIN CLANDESTINE ATTACKS ON UNITED STATES PERSONNEL. 1701 et seq. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. or any authorized intelligence activities of the United States. (3) Exception relating to importation of goods.-- (A) In general.--The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Knowingly.--The term ``knowingly'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 5. (a) Presidential Determination.--Whenever persuasive information becomes available to the executive branch indicating the substantial possibility that the government of a foreign country has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel, the President shall, within 60 days after the receipt of such information by the executive branch, determine and report to the appropriate congressional committees and leadership whether that government has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel. ), except for urgent humanitarian assistance and food or other agricultural commodities or products. ); and (B) licenses for a significant range of goods, software, and technology to that country subject to the Export Administration Regulations. (3) Arms sales.--The United States Government shall terminate-- (A) sales to that country under the Arms Export Control Act (22 U.S.C. 2778(a)(1)). 6. BRIEFING AND REPORT TO CONGRESS. (8) A list of the foreign states that have been demarched regarding such attacks, including the date and the official title of the United States official delivering, and the foreign official receiving, any such demarche. SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED.

2. FINDINGS. (6) On September 29, 2017, the Department of State ordered the departure of non-essential personnel from the United States Embassy in Havana and issued a formal Cuba Travel Warning that stated: ``Over the past several months, numerous U.S. Embassy Havana employees have been targeted in specific attacks. These employees have suffered significant injuries as a consequence of these attacks.''. (9) The number and locations of these attacks have significantly expanded and, according to press reporting, as of May 2021 there have been more than 130 possible cases that have occurred in Asia, in Europe, and in the Western Hemisphere, including within the United States. (11) A 2020 report by the National Academy of Sciences (NAS) found that ``many of the distinctive and acute signs, symptoms, and observations reported by [affected] employees are consistent with the effects of directed, pulsed radio frequency (RF) energy'' and that ``directed pulsed RF energy . (13) The continuing and expanding scope of these attacks has become a serious security concern that is also undermining the morale of United States personnel, especially those posted at overseas diplomatic missions. (15) The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, to which 180 countries are a party, protects diplomatic personnel from attacks on their persons, accommodations, or means of transport, and requires all state parties to punish and take measures to prevent such grave crimes. STATEMENT OF POLICY. 4. IMPOSITION OF SANCTIONS AGAINST FOREIGN PERSONS IN RESPONSE TO CERTAIN CLANDESTINE ATTACKS ON UNITED STATES PERSONNEL. 1701 et seq. ), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary-- (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exception relating to importation of goods.-- (A) In general.--The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Knowingly.--The term ``knowingly'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 5. (a) Presidential Determination.--Whenever persuasive information becomes available to the executive branch indicating the substantial possibility that the government of a foreign country has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel, the President shall, within 60 days after the receipt of such information by the executive branch, determine and report to the appropriate congressional committees and leadership whether that government has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel. ), except for urgent humanitarian assistance and food or other agricultural commodities or products. ); and (B) licenses for a significant range of goods, software, and technology to that country subject to the Export Administration Regulations. (3) Arms sales.--The United States Government shall terminate-- (A) sales to that country under the Arms Export Control Act (22 U.S.C. of any defense articles, defense services, or design and construction services; and (B) licenses for the export to that country of any item on the United States Munitions List. 2778(a)(1)). 6. BRIEFING AND REPORT TO CONGRESS. (4) Information and working hypotheses regarding the technical method used to perpetrate such attacks. (8) A list of the foreign states that have been demarched regarding such attacks, including the date and the official title of the United States official delivering, and the foreign official receiving, any such demarche. SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED.

2. FINDINGS. (2) In December 2016, a number of United States Embassy personnel in Havana, Cuba, began to experience the acute and sudden onset of unusual symptoms, usually concurrent with the perceived onset of a loud, directional noise, often accompanied by pain in the ears or the head and a sensation of pressure or vibration. (3) Symptoms, which have been chronic for some personnel, have included dizziness, hearing loss and tinnitus, vertigo, cognitive and motor impairment, severe headaches, and insomnia. (6) On September 29, 2017, the Department of State ordered the departure of non-essential personnel from the United States Embassy in Havana and issued a formal Cuba Travel Warning that stated: ``Over the past several months, numerous U.S. Embassy Havana employees have been targeted in specific attacks. These employees have suffered significant injuries as a consequence of these attacks.''. (9) The number and locations of these attacks have significantly expanded and, according to press reporting, as of May 2021 there have been more than 130 possible cases that have occurred in Asia, in Europe, and in the Western Hemisphere, including within the United States. (11) A 2020 report by the National Academy of Sciences (NAS) found that ``many of the distinctive and acute signs, symptoms, and observations reported by [affected] employees are consistent with the effects of directed, pulsed radio frequency (RF) energy'' and that ``directed pulsed RF energy . appears to be the most plausible mechanism in explaining these cases''. (12) According to the NAS report, ``such a scenario raises grave concerns about a world with disinhibited malevolent actors and new tools for causing harm to others''. (13) The continuing and expanding scope of these attacks has become a serious security concern that is also undermining the morale of United States personnel, especially those posted at overseas diplomatic missions. (15) The Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, to which 180 countries are a party, protects diplomatic personnel from attacks on their persons, accommodations, or means of transport, and requires all state parties to punish and take measures to prevent such grave crimes. STATEMENT OF POLICY. 4. IMPOSITION OF SANCTIONS AGAINST FOREIGN PERSONS IN RESPONSE TO CERTAIN CLANDESTINE ATTACKS ON UNITED STATES PERSONNEL. 1701 et seq. ), all transactions in all property and interests in property of any person subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities.--Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary-- (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exception relating to importation of goods.-- (A) In general.--The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Knowingly.--The term ``knowingly'' has the meaning given that term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 5. (a) Presidential Determination.--Whenever persuasive information becomes available to the executive branch indicating the substantial possibility that the government of a foreign country has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel, the President shall, within 60 days after the receipt of such information by the executive branch, determine and report to the appropriate congressional committees and leadership whether that government has carried out clandestine attacks on United States personnel that have resulted in brain injury to such personnel. ), except for urgent humanitarian assistance and food or other agricultural commodities or products. ); and (B) licenses for a significant range of goods, software, and technology to that country subject to the Export Administration Regulations. (3) Arms sales.--The United States Government shall terminate-- (A) sales to that country under the Arms Export Control Act (22 U.S.C. of any defense articles, defense services, or design and construction services; and (B) licenses for the export to that country of any item on the United States Munitions List. 2778(a)(1)). 6. BRIEFING AND REPORT TO CONGRESS. (a) Briefing.--Not later than 60 days after the date of the enactment of this Act, the President shall provide the appropriate congressional committees and leadership with a briefing covering the contents described in subsection (c). (4) Information and working hypotheses regarding the technical method used to perpetrate such attacks. (5) A description of the process and diagnostic criteria used to screen and identify personnel affected by such suspected attacks. (7) A list of foreign persons, entities, or governments sanctioned pursuant to or consistent with this Act. (8) A list of the foreign states that have been demarched regarding such attacks, including the date and the official title of the United States official delivering, and the foreign official receiving, any such demarche. SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP DEFINED. In this Act, the term ``appropriate congressional committees and leadership'' means-- (1) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Speaker, the majority leader, and the minority leader of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, and the majority and minority leaders of the Senate.

H.R.6546

Energy

Wireless Electric Vehicle Charging Grant Program Act of 2022 This bill requires the Department of Transportation to establish the Wireless Electric Vehicle Charging Grant Program to award grants on a competitive basis for projects to construct, install, or improve existing wireless charging infrastructure and technology for electric vehicles.

To direct the Secretary of Transportation to establish a Wireless Electric Vehicle Charging Grant Program, 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 ``Wireless Electric Vehicle Charging Grant Program Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Electric vehicles are crucial to cutting greenhouse gas emissions, reducing reliance on fossil fuels, and combating the climate crisis. As of 2019, the transportation sector accounts for 29 percent of all greenhouse gas emissions, which is the most of any sector. (2) Increasing the adoption of electric vehicles will reduce pollution and increase air quality for communities located near roads with high traffic density or high-volume routes. (3) As the automotive industry shifts towards electric vehicles, investing in new electric vehicle technologies will be crucial to enhancing America's competitiveness, creating jobs, and ensuring continued economic growth. (4) Range anxiety is one of the chief barriers to electric vehicle adoption. If deployed strategically, wireless electric vehicle charging could help by providing drivers convenient opportunities to charge and extend the range of electric vehicles. (5) Wireless charging technologies could be invaluable for electric transit buses, trucking, fleet vehicles, and autonomous electric vehicles, allowing for convenient and hands-free charging, while also lowering costs, as effective wireless charging would reduce the need for larger and heavier batteries. (6) Wireless electric vehicle charging has the potential to make electric vehicles more accessible and allow all people of the United States, regardless of physical ability, to enjoy the benefits of electric vehicles. (7) It is critical to establish a resilient and robust domestic supply chain for all electric vehicle charging infrastructure. With strong Buy America requirements, federally funded programs can incentivize companies to build facilities in the United States, creating good paying jobs and economic growth for communities. SEC. 3. ESTABLISHMENT OF WIRELESS ELECTRIC VEHICLE CHARGING GRANT PROGRAM. The Secretary of Transportation shall establish a program, in coordination with the Department of Energy, to award grants on a competitive basis to eligible entities for projects to construct, install, or improve existing wireless charging infrastructure and technology for electric vehicles. The program shall be known as the Wireless Electric Vehicle Charging Grant Program (in this Act referred to as the ``Program''). SEC. 4. DUTIES OF SECRETARY. In carrying out the Program, the Secretary-- (1) may award grants for projects described in section 3, including for wireless charging located along roads, in parking lots, airports, and at coastal and inland ports; (2) shall ensure that recipients of the grants focus on the wireless charging of 1 or more of-- (A) light-, medium-, and heavy-duty vehicles; (B) fleet vehicles, including the Federal vehicle fleets; and (C) public transit; (3) shall publish an annual progress report to the relevant committees of the House of Representatives and the Senate that includes-- (A) a description of recipients of grants, amount disbursed, and reasons for the selection of projects; (B) the progress of each pilot project funded under the Program; (C) successes, failures, and safety of the technologies funded under the Program; (D) recommendations for future funding, best practices, and policies relating to wireless electric vehicle charging; (E) workforce impacts of each project; (F) the environmental impact of each project, such as the amount of fuel saved from the project, predicted emissions savings, changes in air quality, and any other environmental information deemed necessary by the Secretary; and (G) any other information the Secretary considers necessary; and (4) may provide technical assistance, as determined appropriate by the Secretary to eligible entities with respect to activities described in paragraph (1). SEC. 5. GRANT RECIPIENTS. (a) Eligible Entities.--To be eligible for a grant or technical assistance under the Program, an entity shall be, or be partnered with, any of the following: (1) A State, local, Tribal, or territorial government. (2) A Metropolitan Planning Organization. (3) A special purpose district or public authority with a transportation function. (4) A transit agency. (b) Geographic Diversity.--In selecting eligible entities to receive grants under the Program, the Secretary shall prioritize geographical diversity. (c) Additional Grant Amounts.--An eligible entity may receive a grant from a State, local, Tribal, or territorial government to carry out similar activities as the activities funded under the Program. (d) Workforce Development and Training.--Eligible entities may use a portion of their grant to cover costs associated with training workers to construct, install, maintain, or operate the projects. (e) Community Engagement.--Eligible entities may use a portion of their grant to cover costs associated with engaging the communities and affected workers, such as drivers, on the planning and design of the project and educating the public on the project. SEC. 6. COST SHARE. (a) Federal Share.--The Federal share of a grant awarded under the Program may not exceed 80 percent of total cost of the project. (b) Maximum Grant Amount.--The amount of a grant awarded to an eligible entity under the Program may not exceed $5,000,000. SEC. 7. PROGRAM REQUIREMENTS. (a) Priority.--In awarding the grants under the Program, the Secretary shall prioritize projects that-- (1) focus on non-disruptive designs that are compatible with existing infrastructure and beneficial to the public, including for low income, underserved, or disadvantaged communities; (2) focus on cost-effective, energy-efficient, and environmentally sustainable technologies for public use; (3) focus on compatibility with the entire range of electric vehicles and with, if determined appropriate by the Secretary, developing and evolving universal wireless charging standards; (4) focus on safe designs that are compatible with frequent use in a variety of weather conditions and road maintenance activities; (5) are carried out by entities that emphasize diversity, equity, and inclusion in the eligible entity's workforce and business practices; (6) are likely to leverage Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships; (7) have State, local, Tribal, or territorial government support; (8) have an outreach strategy to inform and educate the public on project benefits and uses before, during, and after the construction of the projects; and (9) have an inclusive plan to engage and ensure that the surrounding communities and impacted workers, such as the drivers of the vehicles, are included in the planning and design process. (b) Wage Rate Requirement.--The Secretary shall require that each recipient of a grant under the Program provides reasonable assurances that all laborers and mechanics employed to carry out the projects for which the assistance is provided, including laborers and mechanics employed by contractors or subcontractors, will be paid wages at rates not less than those for similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (c) Neutrality Toward Organized Labor.--The recipient of grants under the Program shall have, and ensure that all employed by contractors and subcontractors of the covered entity with respect to the covered activities have-- (1) an explicit policy of neutrality with regard to-- (A) labor organizing for the employees engaged in the covered activities; and (B) such employees' choice to form and join labor organizations; and (2) policies that require-- (A) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq.); and (B) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (d) Buy America.-- (1) In general.--Except as provided in paragraph (2), recipients of grants under the Program shall comply with the requirements described in section 5323(j) of title 49, United States Code. (2) Waiver.--The Secretary may provide any waiver to the requirements described in paragraph (1) in the same manner and to the same extent as the Secretary of Transportation may provide a waiver under section 5323(j)(2) of title 49, United States Code. SEC. 8. DEFINITIONS. In this Act: (1) Electric vehicle.--The term ``electric vehicle'' means a zero-emission vehicle powered by an electric battery and train. (2) State.--The term ``State'' has the meaning given the term in section 101 of title 23, United States Code. (3) Wireless charging.--The term ``wireless charging'' means the charging of a battery by inductive charging or by any means in which a battery is charged without a wire, or plug-in wire, connecting the power source and battery. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended. <all>

Wireless Electric Vehicle Charging Grant Program Act of 2022

To direct the Secretary of Transportation to establish a Wireless Electric Vehicle Charging Grant Program, and for other purposes.

Wireless Electric Vehicle Charging Grant Program Act of 2022

Rep. Lawrence, Brenda L.

D

MI

This bill requires the Department of Transportation to establish the Wireless Electric Vehicle Charging Grant Program to award grants on a competitive basis for projects to construct, install, or improve existing wireless charging infrastructure and technology for electric vehicles.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. As of 2019, the transportation sector accounts for 29 percent of all greenhouse gas emissions, which is the most of any sector. (2) Increasing the adoption of electric vehicles will reduce pollution and increase air quality for communities located near roads with high traffic density or high-volume routes. (3) As the automotive industry shifts towards electric vehicles, investing in new electric vehicle technologies will be crucial to enhancing America's competitiveness, creating jobs, and ensuring continued economic growth. (7) It is critical to establish a resilient and robust domestic supply chain for all electric vehicle charging infrastructure. 3. ESTABLISHMENT OF WIRELESS ELECTRIC VEHICLE CHARGING GRANT PROGRAM. 4. DUTIES OF SECRETARY. 5. GRANT RECIPIENTS. (a) Eligible Entities.--To be eligible for a grant or technical assistance under the Program, an entity shall be, or be partnered with, any of the following: (1) A State, local, Tribal, or territorial government. (4) A transit agency. (b) Geographic Diversity.--In selecting eligible entities to receive grants under the Program, the Secretary shall prioritize geographical diversity. (e) Community Engagement.--Eligible entities may use a portion of their grant to cover costs associated with engaging the communities and affected workers, such as drivers, on the planning and design of the project and educating the public on the project. 6. COST SHARE. (a) Federal Share.--The Federal share of a grant awarded under the Program may not exceed 80 percent of total cost of the project. 7. PROGRAM REQUIREMENTS. (c) Neutrality Toward Organized Labor.--The recipient of grants under the Program shall have, and ensure that all employed by contractors and subcontractors of the covered entity with respect to the covered activities have-- (1) an explicit policy of neutrality with regard to-- (A) labor organizing for the employees engaged in the covered activities; and (B) such employees' choice to form and join labor organizations; and (2) policies that require-- (A) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq. ); and (B) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (2) Waiver.--The Secretary may provide any waiver to the requirements described in paragraph (1) in the same manner and to the same extent as the Secretary of Transportation may provide a waiver under section 5323(j)(2) of title 49, United States Code. 8. DEFINITIONS. (3) Wireless charging.--The term ``wireless charging'' means the charging of a battery by inductive charging or by any means in which a battery is charged without a wire, or plug-in wire, connecting the power source and battery. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. As of 2019, the transportation sector accounts for 29 percent of all greenhouse gas emissions, which is the most of any sector. 3. ESTABLISHMENT OF WIRELESS ELECTRIC VEHICLE CHARGING GRANT PROGRAM. 4. DUTIES OF SECRETARY. 5. GRANT RECIPIENTS. (a) Eligible Entities.--To be eligible for a grant or technical assistance under the Program, an entity shall be, or be partnered with, any of the following: (1) A State, local, Tribal, or territorial government. (4) A transit agency. (e) Community Engagement.--Eligible entities may use a portion of their grant to cover costs associated with engaging the communities and affected workers, such as drivers, on the planning and design of the project and educating the public on the project. 6. COST SHARE. 7. PROGRAM REQUIREMENTS. (c) Neutrality Toward Organized Labor.--The recipient of grants under the Program shall have, and ensure that all employed by contractors and subcontractors of the covered entity with respect to the covered activities have-- (1) an explicit policy of neutrality with regard to-- (A) labor organizing for the employees engaged in the covered activities; and (B) such employees' choice to form and join labor organizations; and (2) policies that require-- (A) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. ); and (B) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (2) Waiver.--The Secretary may provide any waiver to the requirements described in paragraph (1) in the same manner and to the same extent as the Secretary of Transportation may provide a waiver under section 5323(j)(2) of title 49, United States Code. 8. (3) Wireless charging.--The term ``wireless charging'' means the charging of a battery by inductive charging or by any means in which a battery is charged without a wire, or plug-in wire, connecting the power source and battery. SEC. 9. There is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. As of 2019, the transportation sector accounts for 29 percent of all greenhouse gas emissions, which is the most of any sector. (2) Increasing the adoption of electric vehicles will reduce pollution and increase air quality for communities located near roads with high traffic density or high-volume routes. (3) As the automotive industry shifts towards electric vehicles, investing in new electric vehicle technologies will be crucial to enhancing America's competitiveness, creating jobs, and ensuring continued economic growth. (7) It is critical to establish a resilient and robust domestic supply chain for all electric vehicle charging infrastructure. 3. ESTABLISHMENT OF WIRELESS ELECTRIC VEHICLE CHARGING GRANT PROGRAM. 4. DUTIES OF SECRETARY. 5. GRANT RECIPIENTS. (a) Eligible Entities.--To be eligible for a grant or technical assistance under the Program, an entity shall be, or be partnered with, any of the following: (1) A State, local, Tribal, or territorial government. (3) A special purpose district or public authority with a transportation function. (4) A transit agency. (b) Geographic Diversity.--In selecting eligible entities to receive grants under the Program, the Secretary shall prioritize geographical diversity. (e) Community Engagement.--Eligible entities may use a portion of their grant to cover costs associated with engaging the communities and affected workers, such as drivers, on the planning and design of the project and educating the public on the project. 6. COST SHARE. (a) Federal Share.--The Federal share of a grant awarded under the Program may not exceed 80 percent of total cost of the project. (b) Maximum Grant Amount.--The amount of a grant awarded to an eligible entity under the Program may not exceed $5,000,000. 7. PROGRAM REQUIREMENTS. (a) Priority.--In awarding the grants under the Program, the Secretary shall prioritize projects that-- (1) focus on non-disruptive designs that are compatible with existing infrastructure and beneficial to the public, including for low income, underserved, or disadvantaged communities; (2) focus on cost-effective, energy-efficient, and environmentally sustainable technologies for public use; (3) focus on compatibility with the entire range of electric vehicles and with, if determined appropriate by the Secretary, developing and evolving universal wireless charging standards; (4) focus on safe designs that are compatible with frequent use in a variety of weather conditions and road maintenance activities; (5) are carried out by entities that emphasize diversity, equity, and inclusion in the eligible entity's workforce and business practices; (6) are likely to leverage Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships; (7) have State, local, Tribal, or territorial government support; (8) have an outreach strategy to inform and educate the public on project benefits and uses before, during, and after the construction of the projects; and (9) have an inclusive plan to engage and ensure that the surrounding communities and impacted workers, such as the drivers of the vehicles, are included in the planning and design process. (c) Neutrality Toward Organized Labor.--The recipient of grants under the Program shall have, and ensure that all employed by contractors and subcontractors of the covered entity with respect to the covered activities have-- (1) an explicit policy of neutrality with regard to-- (A) labor organizing for the employees engaged in the covered activities; and (B) such employees' choice to form and join labor organizations; and (2) policies that require-- (A) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq. ); and (B) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (2) Waiver.--The Secretary may provide any waiver to the requirements described in paragraph (1) in the same manner and to the same extent as the Secretary of Transportation may provide a waiver under section 5323(j)(2) of title 49, United States Code. 8. DEFINITIONS. (3) Wireless charging.--The term ``wireless charging'' means the charging of a battery by inductive charging or by any means in which a battery is charged without a wire, or plug-in wire, connecting the power source and battery. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. Congress finds the following: (1) Electric vehicles are crucial to cutting greenhouse gas emissions, reducing reliance on fossil fuels, and combating the climate crisis. As of 2019, the transportation sector accounts for 29 percent of all greenhouse gas emissions, which is the most of any sector. (2) Increasing the adoption of electric vehicles will reduce pollution and increase air quality for communities located near roads with high traffic density or high-volume routes. (3) As the automotive industry shifts towards electric vehicles, investing in new electric vehicle technologies will be crucial to enhancing America's competitiveness, creating jobs, and ensuring continued economic growth. (4) Range anxiety is one of the chief barriers to electric vehicle adoption. If deployed strategically, wireless electric vehicle charging could help by providing drivers convenient opportunities to charge and extend the range of electric vehicles. (5) Wireless charging technologies could be invaluable for electric transit buses, trucking, fleet vehicles, and autonomous electric vehicles, allowing for convenient and hands-free charging, while also lowering costs, as effective wireless charging would reduce the need for larger and heavier batteries. (7) It is critical to establish a resilient and robust domestic supply chain for all electric vehicle charging infrastructure. With strong Buy America requirements, federally funded programs can incentivize companies to build facilities in the United States, creating good paying jobs and economic growth for communities. 3. ESTABLISHMENT OF WIRELESS ELECTRIC VEHICLE CHARGING GRANT PROGRAM. 4. DUTIES OF SECRETARY. 5. GRANT RECIPIENTS. (a) Eligible Entities.--To be eligible for a grant or technical assistance under the Program, an entity shall be, or be partnered with, any of the following: (1) A State, local, Tribal, or territorial government. (3) A special purpose district or public authority with a transportation function. (4) A transit agency. (b) Geographic Diversity.--In selecting eligible entities to receive grants under the Program, the Secretary shall prioritize geographical diversity. (d) Workforce Development and Training.--Eligible entities may use a portion of their grant to cover costs associated with training workers to construct, install, maintain, or operate the projects. (e) Community Engagement.--Eligible entities may use a portion of their grant to cover costs associated with engaging the communities and affected workers, such as drivers, on the planning and design of the project and educating the public on the project. 6. COST SHARE. (a) Federal Share.--The Federal share of a grant awarded under the Program may not exceed 80 percent of total cost of the project. (b) Maximum Grant Amount.--The amount of a grant awarded to an eligible entity under the Program may not exceed $5,000,000. 7. PROGRAM REQUIREMENTS. (a) Priority.--In awarding the grants under the Program, the Secretary shall prioritize projects that-- (1) focus on non-disruptive designs that are compatible with existing infrastructure and beneficial to the public, including for low income, underserved, or disadvantaged communities; (2) focus on cost-effective, energy-efficient, and environmentally sustainable technologies for public use; (3) focus on compatibility with the entire range of electric vehicles and with, if determined appropriate by the Secretary, developing and evolving universal wireless charging standards; (4) focus on safe designs that are compatible with frequent use in a variety of weather conditions and road maintenance activities; (5) are carried out by entities that emphasize diversity, equity, and inclusion in the eligible entity's workforce and business practices; (6) are likely to leverage Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships; (7) have State, local, Tribal, or territorial government support; (8) have an outreach strategy to inform and educate the public on project benefits and uses before, during, and after the construction of the projects; and (9) have an inclusive plan to engage and ensure that the surrounding communities and impacted workers, such as the drivers of the vehicles, are included in the planning and design process. (b) Wage Rate Requirement.--The Secretary shall require that each recipient of a grant under the Program provides reasonable assurances that all laborers and mechanics employed to carry out the projects for which the assistance is provided, including laborers and mechanics employed by contractors or subcontractors, will be paid wages at rates not less than those for similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ``Davis- Bacon Act''). (c) Neutrality Toward Organized Labor.--The recipient of grants under the Program shall have, and ensure that all employed by contractors and subcontractors of the covered entity with respect to the covered activities have-- (1) an explicit policy of neutrality with regard to-- (A) labor organizing for the employees engaged in the covered activities; and (B) such employees' choice to form and join labor organizations; and (2) policies that require-- (A) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq. ); and (B) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (2) Waiver.--The Secretary may provide any waiver to the requirements described in paragraph (1) in the same manner and to the same extent as the Secretary of Transportation may provide a waiver under section 5323(j)(2) of title 49, United States Code. 8. DEFINITIONS. (3) Wireless charging.--The term ``wireless charging'' means the charging of a battery by inductive charging or by any means in which a battery is charged without a wire, or plug-in wire, connecting the power source and battery. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $50,000,000 to carry out this Act, to remain available until expended.

H.R.8487

Health

Improving Seniors' Timely Access to Care Act of 2022 This bill establishes several requirements and standards relating to prior authorization processes under Medicare Advantage (MA) plans. Specifically, MA plans must (1) establish an electronic prior authorization program that meets specified standards, including the ability to provide real-time decisions in response to requests for items and services that are routinely approved; (2) annually publish specified prior authorization information, including the percentage of requests approved and the average response time; and (3) meet other standards, as set by the Centers for Medicare & Medicaid Services, relating to the quality and timeliness of prior authorization determinations.

To amend title XVIII of the Social Security Act to establish requirements with respect to the use of prior authorization under Medicare Advantage plans, 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 ``Improving Seniors' Timely Access to Care Act of 2022''. SEC. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(o) Prior Authorization Requirements.-- ``(1) In general.--In the case of a Medicare Advantage plan that imposes any prior authorization requirement with respect to any applicable item or service (as defined in paragraph (5)) during a plan year, such plan shall-- ``(A) beginning with the third plan year beginning after the date of the enactment of this subsection-- ``(i) establish the electronic prior authorization program described in paragraph (2); and ``(ii) meet the enrollee protection standards specified pursuant to paragraph (4); and ``(B) beginning with the fourth plan year beginning after the date of the enactment of this subsection, meet the transparency requirements specified in paragraph (3). ``(2) Electronic prior authorization program.-- ``(A) In general.--For purposes of paragraph (1)(A), the electronic prior authorization program described in this paragraph is a program that provides for the secure electronic transmission of-- ``(i) a prior authorization request from a provider of services or supplier to a Medicare Advantage plan with respect to an applicable item or service to be furnished to an individual and a response, in accordance with this paragraph, from such plan to such provider or supplier; and ``(ii) any health claims attachment (as defined for purposes of section 1173(a)(2)(B)) relating to such request or response. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(ii) Standards.--An electronic transmission described in subparagraph (A) shall comply with-- ``(I) applicable technical standards adopted by the Secretary pursuant to section 1173; and ``(II) any other requirements to promote the standardization and streamlining of electronic transactions under this part specified by the Secretary. ``(iii) Deadline for specification of additional requirements.--Not later than July 1, 2023, the Secretary shall finalize any requirements described in clause (ii)(II) . ``(C) Real-time decisions.-- ``(i) In general.--Subject to clause (iv), the program described in subparagraph (A) shall provide for real-time decisions (as defined by the Secretary in accordance with clause (v)) by a Medicare Advantage plan with respect to prior authorization requests for applicable items and services identified by the Secretary pursuant to clause (ii) if such requests are submitted with all medical or other documentation required by such plan. ``(ii) Identification of items and services.-- ``(I) In general.--For purposes of clause (i), the Secretary shall identify, not later than the date on which the initial announcement described in section 1853(b)(1)(B)(i) for the third plan year beginning after the date of the enactment of this subsection is required to be announced, applicable items and services for which prior authorization requests are routinely approved. ``(II) Updates.--The Secretary shall consider updating the applicable items and services identified under subclause (I) based on the information described in paragraph (3)(A)(i) (if available and determined practicable to utilize by the Secretary) and any other information determined appropriate by the Secretary not less frequently than biennially. The Secretary shall announce any such update that is to apply with respect to a plan year not later than the date on which the initial announcement described in section 1853(b)(1)(B)(i) for such plan year is required to be announced. ``(iii) Request for information.--The Secretary shall issue a request for information for purposes of initially identifying applicable items and services under clause (ii)(I). ``(iv) Exception for extenuating circumstances.--In the case of a prior authorization request submitted to a Medicare Advantage plan for an individual enrolled in such plan during a plan year with respect to an item or service identified by the Secretary pursuant to clause (ii) for such plan year, such plan may, in lieu of providing a real-time decision with respect to such request in accordance with clause (i), delay such decision under extenuating circumstances (as specified by the Secretary), provided that such decision is provided no later than 72 hours after receipt of such request (or, in the case that the provider of services or supplier submitting such request has indicated that such delay may seriously jeopardize such individual's life, health, or ability to regain maximum function, no later than 24 hours after receipt of such request). ``(v) Definition of real-time decision.--In establishing the definition of a real-time decision for purposes of clause (i), the Secretary shall take into account current medical practice, technology, health care industry standards, and other relevant information relating to how quickly a Medicare Advantage plan may provide responses with respect to prior authorization requests. ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(II) Updating such definition. ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(IV) Updating applicable items and services so identified as described in clause (ii)(II). ``(3) Transparency requirements.-- ``(A) In general.--For purposes of paragraph (1)(B), the transparency requirements specified in this paragraph are, with respect to a Medicare Advantage plan, the following: ``(i) The plan, annually and in a manner specified by the Secretary, shall submit to the Secretary the following information: ``(I) A list of all applicable items and services that were subject to a prior authorization requirement under the plan during the previous plan year. ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(III) The percentage and number of specified requests submitted during the previous plan year that were made with respect to an item or service identified by the Secretary pursuant to paragraph (2)(C)(ii) for such plan year, and the percentage and number of such requests that were subject to an exception under paragraph (2)(C)(iv) (categorized by each item and service). ``(IV) The percentage and number of specified requests submitted during the previous plan year that were made with respect to an item or service identified by the Secretary pursuant to paragraph (2)(C)(ii) for such plan year that were approved (categorized by each item and service). ``(V) The percentage and number of specified requests that were denied during the previous plan year by the plan in an initial determination and that were subsequently appealed. ``(VI) The number of appeals of specified requests resolved during the preceding plan year, and the percentage and number of such resolved appeals that resulted in approval of the furnishing of the item or service that was the subject of such request, broken down by each applicable item and service and broken down by each level of appeal (including judicial review). ``(VII) The percentage and number of specified requests that were denied, and the percentage and number of specified requests that were approved, by the plan during the previous plan year through the utilization of decision support technology, artificial intelligence technology, machine- learning technology, clinical decision- making technology, or any other technology specified by the Secretary. ``(VIII) The average and the median amount of time (in hours) that elapsed during the previous plan year between the submission of a specified request to the plan and a determination by the plan with respect to such request for each such item and service, excluding any such requests that were not submitted with the medical or other documentation required to be submitted by the plan. ``(IX) The percentage and number of specified requests that were excluded from the calculation described in subclause (VIII) based on the plan's determination that such requests were not submitted with the medical or other documentation required to be submitted by the plan. ``(X) Information on each occurrence during the previous plan year in which, during a surgical or medical procedure involving the furnishing of an applicable item or service with respect to which such plan had approved a prior authorization request, the provider of services or supplier furnishing such item or service determined that a different or additional item or service was medically necessary, including a specification of whether such plan subsequently approved the furnishing of such different or additional item or service. ``(XI) A disclosure and description of any technology described in subclause (VII) that the plan utilized during the previous plan year in making determinations with respect to specified requests. ``(XII) The number of grievances (as described in subsection (f)) received by such plan during the previous plan year that were related to a prior authorization requirement. ``(XIII) Such other information as the Secretary determines appropriate. ``(ii) The plan shall provide-- ``(I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; ``(II) to each such provider and supplier that enters into such a contract, access to the criteria used by the plan for making such determinations and an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request; and ``(III) to an enrollee of the plan upon request, access to the criteria used by the plan for making determinations with respect to prior authorization requests for an item or service. ``(B) Option for plan to provide certain additional information.--As part of the information described in subparagraph (A)(i) provided to the Secretary during a plan year, a Medicare Advantage plan may elect to include information regarding the percentage and number of specified requests made with respect to an individual and an item or service that were denied by the plan during the preceding plan year in an initial determination based on such requests failing to demonstrate that such individuals met the clinical criteria established by such plan to receive such items or services. ``(C) Regulations.--The Secretary shall, through notice and comment rulemaking, establish requirements for Medicare Advantage plans regarding the provision of-- ``(i) access to criteria described in subparagraph (A)(ii)(II) to providers of services and suppliers in accordance with such subparagraph; and ``(ii) access to such criteria to enrollees in accordance with subparagraph (A)(ii)(III). ``(D) Publication of information.--The Secretary shall publish all information described in subparagraph (A)(i) and subparagraph (B) on a public website of the Centers for Medicare & Medicaid Services. Such information shall be so published on an individual plan level and may in addition be aggregated in such manner as determined appropriate by the Secretary. ``(E) Medpac report.--Not later than 3 years after the date information is first submitted under subparagraph (A)(i), the Medicare Payment Advisory Commission shall submit to Congress a report on such information that includes a descriptive analysis of the use of prior authorization. As appropriate, the Commission should report on statistics including the frequency of appeals and overturned decisions. The Commission shall provide recommendations, as appropriate, on any improvement that should be made to the electronic prior authorization programs of Medicare Advantage plans. ``(F) Specified request defined.--For purposes of this paragraph, the term `specified request' means a prior authorization request made with respect to an applicable item or service. ``(4) Enrollee protection standards.--The Secretary of Health and Human Services shall, through notice and comment rulemaking, specify requirements with respect to the use of prior authorization by Medicare Advantage plans for applicable items and services to ensure-- ``(A) that such plans adopt transparent prior authorization programs developed in consultation with enrollees and with providers and suppliers with contracts in effect with such plans for furnishing such items and services under such plans; ``(B) that such programs allow for the waiver or modification of prior authorization requirements based on the performance of such providers and suppliers in demonstrating compliance with such requirements, such as adherence to evidence-based medical guidelines and other quality criteria; and ``(C) that such plans conduct annual reviews of such items and services for which prior authorization requirements are imposed under such plans through a process that takes into account input from enrollees and from providers and suppliers with such contracts in effect and is based on consideration of prior authorization data from previous plan years and analyses of current coverage criteria. ``(5) Applicable item or service.--For purposes of this subsection, the term `applicable item or service' means, with respect to a Medicare Advantage plan, any item or service for which benefits are available under such plan, other than a covered part D drug. ``(6) Reports to congress.-- ``(A) GAO.--Not later than the end of the fourth plan year beginning on or after the date of the enactment of this subsection, the Comptroller General of the United States shall submit to Congress a report containing an evaluation of the implementation of the requirements of this subsection and an analysis of issues in implementing such requirements faced by Medicare Advantage plans. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''. (b) Ensuring Timely Responses for All Prior Authorization Requests Submitted Under Part C.--Section 1852(g) of the Social Security Act (42 U.S.C. 1395w-22(g)) is amended-- (1) in paragraph (1)(A), by inserting ``and in accordance with paragraph (6)'' after ``paragraph (3)''; (2) in paragraph (3)(B)(iii), by inserting ``(or, with respect to prior authorization requests submitted on or after the first day of the third plan year beginning after the date of the enactment of the Improving Seniors' Timely Access to Care Act of 2022, not later than 24 hours)'' after ``72 hours''. (3) by adding at the end the following new paragraph: ``(6) Timeframe for response to prior authorization requests.--Subject to paragraph (3) and subsection (o), in the case of an organization determination made with respect to a prior authorization request for an item or service to be furnished to an individual submitted on or after the first day of the third plan year beginning after the date of the enactment of this paragraph, such determination shall be made no later than 7 days (or such shorter timeframe as the Secretary may specify through notice and comment rulemaking, taking into account enrollee and stakeholder feedback) after receipt of such request.''. (c) Funding.--The Secretary of Health and Human Services shall provide for the transfer, from the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) (in such proportion as determined appropriate by the Secretary) to the Centers for Medicare & Medicaid Services Program Management Account, of $15,000,000 for fiscal year 2022, to remain available until expended, for purposes of carrying out the amendments made by this Act. Union Calendar No. 512 117th CONGRESS 2d Session H. R. 8487 [Report No. 117-696, Part I] _______________________________________________________________________

Improving Seniors’ Timely Access to Care Act of 2022

To amend title XVIII of the Social Security Act to establish requirements with respect to the use of prior authorization under Medicare Advantage plans, and for other purposes.

Improving Seniors’ Timely Access to Care Act of 2022 Improving Seniors’ Timely Access to Care Act of 2022

Rep. DelBene, Suzan K.

D

WA

This bill establishes several requirements and standards relating to prior authorization processes under Medicare Advantage (MA) plans. Specifically, MA plans must (1) establish an electronic prior authorization program that meets specified standards, including the ability to provide real-time decisions in response to requests for items and services that are routinely approved; (2) annually publish specified prior authorization information, including the percentage of requests approved and the average response time; and (3) meet other standards, as set by the Centers for Medicare & Medicaid Services, relating to the quality and timeliness of prior authorization determinations.

This Act may be cited as the ``Improving Seniors' Timely Access to Care Act of 2022''. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(XIII) Such other information as the Secretary determines appropriate. ``(ii) The plan shall provide-- ``(I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; ``(II) to each such provider and supplier that enters into such a contract, access to the criteria used by the plan for making such determinations and an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request; and ``(III) to an enrollee of the plan upon request, access to the criteria used by the plan for making determinations with respect to prior authorization requests for an item or service. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''. 1395t) (in such proportion as determined appropriate by the Secretary) to the Centers for Medicare & Medicaid Services Program Management Account, of $15,000,000 for fiscal year 2022, to remain available until expended, for purposes of carrying out the amendments made by this Act. 117-696, Part I] _______________________________________________________________________

This Act may be cited as the ``Improving Seniors' Timely Access to Care Act of 2022''. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(XIII) Such other information as the Secretary determines appropriate. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''.

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 ``Improving Seniors' Timely Access to Care Act of 2022''. SEC. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(IV) Updating applicable items and services so identified as described in clause (ii)(II). ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(VII) The percentage and number of specified requests that were denied, and the percentage and number of specified requests that were approved, by the plan during the previous plan year through the utilization of decision support technology, artificial intelligence technology, machine- learning technology, clinical decision- making technology, or any other technology specified by the Secretary. ``(XIII) Such other information as the Secretary determines appropriate. ``(ii) The plan shall provide-- ``(I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; ``(II) to each such provider and supplier that enters into such a contract, access to the criteria used by the plan for making such determinations and an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request; and ``(III) to an enrollee of the plan upon request, access to the criteria used by the plan for making determinations with respect to prior authorization requests for an item or service. Such information shall be so published on an individual plan level and may in addition be aggregated in such manner as determined appropriate by the Secretary. As appropriate, the Commission should report on statistics including the frequency of appeals and overturned decisions. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''. 1395w-22(g)) is amended-- (1) in paragraph (1)(A), by inserting ``and in accordance with paragraph (6)'' after ``paragraph (3)''; (2) in paragraph (3)(B)(iii), by inserting ``(or, with respect to prior authorization requests submitted on or after the first day of the third plan year beginning after the date of the enactment of the Improving Seniors' Timely Access to Care Act of 2022, not later than 24 hours)'' after ``72 hours''. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) (in such proportion as determined appropriate by the Secretary) to the Centers for Medicare & Medicaid Services Program Management Account, of $15,000,000 for fiscal year 2022, to remain available until expended, for purposes of carrying out the amendments made by this Act. Union Calendar No. 117-696, Part I] _______________________________________________________________________

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 ``Improving Seniors' Timely Access to Care Act of 2022''. SEC. 2. ESTABLISHING REQUIREMENTS WITH RESPECT TO THE USE OF PRIOR AUTHORIZATION UNDER MEDICARE ADVANTAGE PLANS. (a) In General.--Section 1852 of the Social Security Act (42 U.S.C. ``(B) Electronic transmission.-- ``(i) Exclusions.--For purposes of this paragraph, a facsimile, a proprietary payer portal that does not meet standards specified by the Secretary, or an electronic form shall not be treated as an electronic transmission described in subparagraph (A). ``(v) Definition of real-time decision.--In establishing the definition of a real-time decision for purposes of clause (i), the Secretary shall take into account current medical practice, technology, health care industry standards, and other relevant information relating to how quickly a Medicare Advantage plan may provide responses with respect to prior authorization requests. ``(vi) Implementation.--The Secretary shall use notice and comment rulemaking for each of the following: ``(I) Establishing the definition of a `real-time decision' for purposes of clause (i). ``(III) Initially identifying applicable items or services pursuant to clause (ii)(I). ``(IV) Updating applicable items and services so identified as described in clause (ii)(II). ``(II) The percentage and number of specified requests (as defined in subparagraph (F)) approved during the previous plan year by the plan in an initial determination and the percentage and number of specified requests denied during such plan year by such plan in an initial determination (both in the aggregate and categorized by each item and service). ``(VI) The number of appeals of specified requests resolved during the preceding plan year, and the percentage and number of such resolved appeals that resulted in approval of the furnishing of the item or service that was the subject of such request, broken down by each applicable item and service and broken down by each level of appeal (including judicial review). ``(VII) The percentage and number of specified requests that were denied, and the percentage and number of specified requests that were approved, by the plan during the previous plan year through the utilization of decision support technology, artificial intelligence technology, machine- learning technology, clinical decision- making technology, or any other technology specified by the Secretary. ``(IX) The percentage and number of specified requests that were excluded from the calculation described in subclause (VIII) based on the plan's determination that such requests were not submitted with the medical or other documentation required to be submitted by the plan. ``(X) Information on each occurrence during the previous plan year in which, during a surgical or medical procedure involving the furnishing of an applicable item or service with respect to which such plan had approved a prior authorization request, the provider of services or supplier furnishing such item or service determined that a different or additional item or service was medically necessary, including a specification of whether such plan subsequently approved the furnishing of such different or additional item or service. ``(XIII) Such other information as the Secretary determines appropriate. ``(ii) The plan shall provide-- ``(I) to each provider or supplier who seeks to enter into a contract with such plan to furnish applicable items and services under such plan, the list described in clause (i)(I) and any policies or procedures used by the plan for making determinations with respect to prior authorization requests; ``(II) to each such provider and supplier that enters into such a contract, access to the criteria used by the plan for making such determinations and an itemization of the medical or other documentation required to be submitted by a provider or supplier with respect to such a request; and ``(III) to an enrollee of the plan upon request, access to the criteria used by the plan for making determinations with respect to prior authorization requests for an item or service. Such information shall be so published on an individual plan level and may in addition be aggregated in such manner as determined appropriate by the Secretary. As appropriate, the Commission should report on statistics including the frequency of appeals and overturned decisions. ``(B) HHS.--Not later than the end of the fifth plan year beginning after the date of the enactment of this subsection, and biennially thereafter through the date that is 10 years after such date of enactment, the Secretary shall submit to Congress a report containing a description of the information submitted under paragraph (3)(A)(i) during-- ``(i) in the case of the first such report, the fourth plan year beginning after the date of the enactment of this subsection; and ``(ii) in the case of a subsequent report, the 2 plan years preceding the year of the submission of such report.''. 1395w-22(g)) is amended-- (1) in paragraph (1)(A), by inserting ``and in accordance with paragraph (6)'' after ``paragraph (3)''; (2) in paragraph (3)(B)(iii), by inserting ``(or, with respect to prior authorization requests submitted on or after the first day of the third plan year beginning after the date of the enactment of the Improving Seniors' Timely Access to Care Act of 2022, not later than 24 hours)'' after ``72 hours''. 1395i) and the Federal Supplementary Medical Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t) (in such proportion as determined appropriate by the Secretary) to the Centers for Medicare & Medicaid Services Program Management Account, of $15,000,000 for fiscal year 2022, to remain available until expended, for purposes of carrying out the amendments made by this Act. Union Calendar No. 512 117th CONGRESS 2d Session H. R. 8487 [Report No. 117-696, Part I] _______________________________________________________________________

H.R.3645

Government Operations and Politics

Beijing Winter Olympics Sponsor Accountability Act This bill prohibits the executive agencies of the federal government from contracting for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. The bill makes exceptions where vital to national security, in which case Congress must be notified. The federal government may not sell any product made by any such person.

To prohibit the Federal Government from contracting with persons that have business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee, 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 ``Beijing Winter Olympics Sponsor Accountability Act''. SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS OPERATIONS WITH THE 2022 WINTER OLYMPICS IN BEIJING, CHINA. (a) Civilian Agency Contracts.-- (1) In general.--Except as provided in paragraph (2), the head of an executive agency may not enter into a contract (or subcontract at any tier) for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (2) Exception.--Notwithstanding paragraph (1), the requirement does not apply to a contract (or subcontract at any tier) that the Secretary of State determines is vital to the national security interests of the United States. (3) Notification.--The Secretary of State shall notify Congress of any contract (or subcontract at any tier) entered into on the basis of an exception provided for under paragraph (1). (b) Defense Contracts.-- (1) In general.--The Secretary of Defense may not enter into a contract (or subcontract at any tier) for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (2) Exception.--Paragraph (1) does not apply to a contract (or subcontract at any tier) that the Secretary of Defense, in consultation with the Secretary of State, determines is vital to the national security interests of the United States. (3) Notification.--The Secretary of Defense shall notify Congress of any contract (or subcontract at any tier) entered into on the basis of an exception provided for under paragraph (1). (c) Applicability.-- (1) Contracts.--This section shall apply with respect to any contract entered into on or after the date of the enactment of this section. (2) Termination of business operations.--This section shall not apply with respect to a person that terminates business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee within 30 days after the date of the enactment of this section. (d) Sales Prohibition.--Effective 60 days after the date of the enactment of this Act, a facility of the Federal Government may not sell any product made by any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (e) Definitions.--In this section: (1) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (2) Executive agency.--The term ``executive agency'' has the meaning given that term in section 133 of title 41, United States Code. (3) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (f) Termination.--This section and the requirements of this section shall terminate on-- (1) the date on which a determination is made that the 2022 winter Olympics will not be held in the People's Republic of China; or (2) September 30, 2025. <all>

Beijing Winter Olympics Sponsor Accountability Act

To prohibit the Federal Government from contracting with persons that have business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee, and for other purposes.

Beijing Winter Olympics Sponsor Accountability Act

Rep. Waltz, Michael

R

FL

This bill prohibits the executive agencies of the federal government from contracting for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. The bill makes exceptions where vital to national security, in which case Congress must be notified. The federal government may not sell any product made by any such person.

To prohibit the Federal Government from contracting with persons that have business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee, 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 ``Beijing Winter Olympics Sponsor Accountability Act''. SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS OPERATIONS WITH THE 2022 WINTER OLYMPICS IN BEIJING, CHINA. (2) Exception.--Notwithstanding paragraph (1), the requirement does not apply to a contract (or subcontract at any tier) that the Secretary of State determines is vital to the national security interests of the United States. (3) Notification.--The Secretary of State shall notify Congress of any contract (or subcontract at any tier) entered into on the basis of an exception provided for under paragraph (1). (b) Defense Contracts.-- (1) In general.--The Secretary of Defense may not enter into a contract (or subcontract at any tier) for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (c) Applicability.-- (1) Contracts.--This section shall apply with respect to any contract entered into on or after the date of the enactment of this section. (d) Sales Prohibition.--Effective 60 days after the date of the enactment of this Act, a facility of the Federal Government may not sell any product made by any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (e) Definitions.--In this section: (1) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (2) Executive agency.--The term ``executive agency'' has the meaning given that term in section 133 of title 41, United States Code. (3) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (f) Termination.--This section and the requirements of this section shall terminate on-- (1) the date on which a determination is made that the 2022 winter Olympics will not be held in the People's Republic of China; or (2) September 30, 2025.

This Act may be cited as the ``Beijing Winter Olympics Sponsor Accountability Act''. SEC. 2. (2) Exception.--Notwithstanding paragraph (1), the requirement does not apply to a contract (or subcontract at any tier) that the Secretary of State determines is vital to the national security interests of the United States. (3) Notification.--The Secretary of State shall notify Congress of any contract (or subcontract at any tier) entered into on the basis of an exception provided for under paragraph (1). (b) Defense Contracts.-- (1) In general.--The Secretary of Defense may not enter into a contract (or subcontract at any tier) for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (c) Applicability.-- (1) Contracts.--This section shall apply with respect to any contract entered into on or after the date of the enactment of this section. (e) Definitions.--In this section: (1) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (2) Executive agency.--The term ``executive agency'' has the meaning given that term in section 133 of title 41, United States Code. (3) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (f) Termination.--This section and the requirements of this section shall terminate on-- (1) the date on which a determination is made that the 2022 winter Olympics will not be held in the People's Republic of China; or (2) September 30, 2025.

To prohibit the Federal Government from contracting with persons that have business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee, 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 ``Beijing Winter Olympics Sponsor Accountability Act''. SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS OPERATIONS WITH THE 2022 WINTER OLYMPICS IN BEIJING, CHINA. (a) Civilian Agency Contracts.-- (1) In general.--Except as provided in paragraph (2), the head of an executive agency may not enter into a contract (or subcontract at any tier) for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (2) Exception.--Notwithstanding paragraph (1), the requirement does not apply to a contract (or subcontract at any tier) that the Secretary of State determines is vital to the national security interests of the United States. (3) Notification.--The Secretary of State shall notify Congress of any contract (or subcontract at any tier) entered into on the basis of an exception provided for under paragraph (1). (b) Defense Contracts.-- (1) In general.--The Secretary of Defense may not enter into a contract (or subcontract at any tier) for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (2) Exception.--Paragraph (1) does not apply to a contract (or subcontract at any tier) that the Secretary of Defense, in consultation with the Secretary of State, determines is vital to the national security interests of the United States. (3) Notification.--The Secretary of Defense shall notify Congress of any contract (or subcontract at any tier) entered into on the basis of an exception provided for under paragraph (1). (c) Applicability.-- (1) Contracts.--This section shall apply with respect to any contract entered into on or after the date of the enactment of this section. (2) Termination of business operations.--This section shall not apply with respect to a person that terminates business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee within 30 days after the date of the enactment of this section. (d) Sales Prohibition.--Effective 60 days after the date of the enactment of this Act, a facility of the Federal Government may not sell any product made by any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (e) Definitions.--In this section: (1) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (2) Executive agency.--The term ``executive agency'' has the meaning given that term in section 133 of title 41, United States Code. (3) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (f) Termination.--This section and the requirements of this section shall terminate on-- (1) the date on which a determination is made that the 2022 winter Olympics will not be held in the People's Republic of China; or (2) September 30, 2025. <all>

To prohibit the Federal Government from contracting with persons that have business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee, 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 ``Beijing Winter Olympics Sponsor Accountability Act''. SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS OPERATIONS WITH THE 2022 WINTER OLYMPICS IN BEIJING, CHINA. (a) Civilian Agency Contracts.-- (1) In general.--Except as provided in paragraph (2), the head of an executive agency may not enter into a contract (or subcontract at any tier) for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (2) Exception.--Notwithstanding paragraph (1), the requirement does not apply to a contract (or subcontract at any tier) that the Secretary of State determines is vital to the national security interests of the United States. (3) Notification.--The Secretary of State shall notify Congress of any contract (or subcontract at any tier) entered into on the basis of an exception provided for under paragraph (1). (b) Defense Contracts.-- (1) In general.--The Secretary of Defense may not enter into a contract (or subcontract at any tier) for the procurement of goods or services with any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (2) Exception.--Paragraph (1) does not apply to a contract (or subcontract at any tier) that the Secretary of Defense, in consultation with the Secretary of State, determines is vital to the national security interests of the United States. (3) Notification.--The Secretary of Defense shall notify Congress of any contract (or subcontract at any tier) entered into on the basis of an exception provided for under paragraph (1). (c) Applicability.-- (1) Contracts.--This section shall apply with respect to any contract entered into on or after the date of the enactment of this section. (2) Termination of business operations.--This section shall not apply with respect to a person that terminates business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee within 30 days after the date of the enactment of this section. (d) Sales Prohibition.--Effective 60 days after the date of the enactment of this Act, a facility of the Federal Government may not sell any product made by any person that has business operations with the Beijing Organising Committee for the 2022 Olympic and Paralympic Winter Games or the International Olympic Committee. (e) Definitions.--In this section: (1) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (2) Executive agency.--The term ``executive agency'' has the meaning given that term in section 133 of title 41, United States Code. (3) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (f) Termination.--This section and the requirements of this section shall terminate on-- (1) the date on which a determination is made that the 2022 winter Olympics will not be held in the People's Republic of China; or (2) September 30, 2025. <all>

H.R.9705

Finance and Financial Sector

Promoting Diverse Investment Advisers Act This bill requires the Federal Reserve Board to set goals related to woman-, minority-, or veteran-owned or controlled firms in certain investment management agreements made related to the board's authority in unusual and exigent circumstances.

To amend the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to establish goals for the use of diverse investment advisers, brokers, and dealers in investment management agreements related to the Board of Governor's unusual and exigent circumstances authority, 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 ``Promoting Diverse Investment Advisers Act''. SEC. 2. REQUIREMENTS FOR INVESTMENT MANAGEMENT AGREEMENTS. Section 13(3) of the Federal Reserve Act (12 U.S.C. 347d(3)) is amended by adding at the end the following: ``(F) Requirements for investment management agreements.-- ``(i) In general.--With respect to any investment management agreement entered into by the Board of Governors of the Federal Reserve System with respect to any program or facility established under this paragraph, the Board of Governors shall set goals in such agreement that require investment managers, to the maximum extent possible, to utilize-- ``(I) investment advisers and sub- advisers that are diverse individual- owned and controlled firms as intermediaries; and ``(II) brokers and dealers that are diverse individual-owned and controlled firms. ``(ii) Report.--The Board of Governors shall include, in the report required under subparagraph (C), a description of goals set pursuant to clause (i). ``(iii) Definitions.--For the purposes of this subparagraph: ``(I) Affiliated person.--The term `affiliated person' has the meaning given that term under section 2(a) of the Investment Company Act of 1940. ``(II) Broker.--The term `broker' has the meaning given that term under section 3 of the Securities Exchange Act of 1934. ``(III) Dealer.--The term `dealer' has the meaning given that term under section 3 of the Securities Exchange Act of 1934. ``(IV) Diverse individual-owned and controlled firm.--The term `diverse individual-owned and controlled firm' means a firm-- ``(aa) which is at least 51 percent owned by one or more individuals who are women, minorities, or veterans; or ``(bb) whose management and daily business operations are-- ``(AA) in the case of a firm the shares of which are traded on a national securities exchange, controlled by a board with a majority of members who are women, minorities, or veterans; and ``(BB) in the case of any other firm, at least 51 percent controlled by one or more individuals who are women, minorities, or veterans. ``(V) Investment adviser.--The term `investment adviser' has the meaning given the term in section 202(a)(11) of the Investment Advisers Act of 1940. ``(VI) Minority.--The term `minority' has the meaning given the term in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and also includes any indigenous person in the United States or its territories. ``(VII) Veteran.--The term `veteran' has the meaning given the term in section 101 of title 38, United States Code.''. <all>

Promoting Diverse Investment Advisers Act

To amend the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to establish goals for the use of diverse investment advisers, brokers, and dealers in investment management agreements related to the Board of Governor's unusual and exigent circumstances authority, and for other purposes.

Promoting Diverse Investment Advisers Act

Rep. Beatty, Joyce

D

OH

This bill requires the Federal Reserve Board to set goals related to woman-, minority-, or veteran-owned or controlled firms in certain investment management agreements made related to the board's authority in unusual and exigent circumstances.

To amend the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to establish goals for the use of diverse investment advisers, brokers, and dealers in investment management agreements related to the Board of Governor's unusual and exigent circumstances authority, 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 ``Promoting Diverse Investment Advisers Act''. SEC. 2. REQUIREMENTS FOR INVESTMENT MANAGEMENT AGREEMENTS. Section 13(3) of the Federal Reserve Act (12 U.S.C. 347d(3)) is amended by adding at the end the following: ``(F) Requirements for investment management agreements.-- ``(i) In general.--With respect to any investment management agreement entered into by the Board of Governors of the Federal Reserve System with respect to any program or facility established under this paragraph, the Board of Governors shall set goals in such agreement that require investment managers, to the maximum extent possible, to utilize-- ``(I) investment advisers and sub- advisers that are diverse individual- owned and controlled firms as intermediaries; and ``(II) brokers and dealers that are diverse individual-owned and controlled firms. ``(ii) Report.--The Board of Governors shall include, in the report required under subparagraph (C), a description of goals set pursuant to clause (i). ``(iii) Definitions.--For the purposes of this subparagraph: ``(I) Affiliated person.--The term `affiliated person' has the meaning given that term under section 2(a) of the Investment Company Act of 1940. ``(II) Broker.--The term `broker' has the meaning given that term under section 3 of the Securities Exchange Act of 1934. ``(III) Dealer.--The term `dealer' has the meaning given that term under section 3 of the Securities Exchange Act of 1934. ``(IV) Diverse individual-owned and controlled firm.--The term `diverse individual-owned and controlled firm' means a firm-- ``(aa) which is at least 51 percent owned by one or more individuals who are women, minorities, or veterans; or ``(bb) whose management and daily business operations are-- ``(AA) in the case of a firm the shares of which are traded on a national securities exchange, controlled by a board with a majority of members who are women, minorities, or veterans; and ``(BB) in the case of any other firm, at least 51 percent controlled by one or more individuals who are women, minorities, or veterans. ``(V) Investment adviser.--The term `investment adviser' has the meaning given the term in section 202(a)(11) of the Investment Advisers Act of 1940. ``(VI) Minority.--The term `minority' has the meaning given the term in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and also includes any indigenous person in the United States or its territories. ``(VII) Veteran.--The term `veteran' has the meaning given the term in section 101 of title 38, United States Code.''. <all>

To amend the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to establish goals for the use of diverse investment advisers, brokers, and dealers in investment management agreements related to the Board of Governor's unusual and exigent circumstances authority, 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. SEC. 2. REQUIREMENTS FOR INVESTMENT MANAGEMENT AGREEMENTS. Section 13(3) of the Federal Reserve Act (12 U.S.C. ``(ii) Report.--The Board of Governors shall include, in the report required under subparagraph (C), a description of goals set pursuant to clause (i). ``(iii) Definitions.--For the purposes of this subparagraph: ``(I) Affiliated person.--The term `affiliated person' has the meaning given that term under section 2(a) of the Investment Company Act of 1940. ``(IV) Diverse individual-owned and controlled firm.--The term `diverse individual-owned and controlled firm' means a firm-- ``(aa) which is at least 51 percent owned by one or more individuals who are women, minorities, or veterans; or ``(bb) whose management and daily business operations are-- ``(AA) in the case of a firm the shares of which are traded on a national securities exchange, controlled by a board with a majority of members who are women, minorities, or veterans; and ``(BB) in the case of any other firm, at least 51 percent controlled by one or more individuals who are women, minorities, or veterans. ``(V) Investment adviser.--The term `investment adviser' has the meaning given the term in section 202(a)(11) of the Investment Advisers Act of 1940. ``(VI) Minority.--The term `minority' has the meaning given the term in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and also includes any indigenous person in the United States or its territories.

To amend the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to establish goals for the use of diverse investment advisers, brokers, and dealers in investment management agreements related to the Board of Governor's unusual and exigent circumstances authority, 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 ``Promoting Diverse Investment Advisers Act''. SEC. 2. REQUIREMENTS FOR INVESTMENT MANAGEMENT AGREEMENTS. Section 13(3) of the Federal Reserve Act (12 U.S.C. 347d(3)) is amended by adding at the end the following: ``(F) Requirements for investment management agreements.-- ``(i) In general.--With respect to any investment management agreement entered into by the Board of Governors of the Federal Reserve System with respect to any program or facility established under this paragraph, the Board of Governors shall set goals in such agreement that require investment managers, to the maximum extent possible, to utilize-- ``(I) investment advisers and sub- advisers that are diverse individual- owned and controlled firms as intermediaries; and ``(II) brokers and dealers that are diverse individual-owned and controlled firms. ``(ii) Report.--The Board of Governors shall include, in the report required under subparagraph (C), a description of goals set pursuant to clause (i). ``(iii) Definitions.--For the purposes of this subparagraph: ``(I) Affiliated person.--The term `affiliated person' has the meaning given that term under section 2(a) of the Investment Company Act of 1940. ``(II) Broker.--The term `broker' has the meaning given that term under section 3 of the Securities Exchange Act of 1934. ``(III) Dealer.--The term `dealer' has the meaning given that term under section 3 of the Securities Exchange Act of 1934. ``(IV) Diverse individual-owned and controlled firm.--The term `diverse individual-owned and controlled firm' means a firm-- ``(aa) which is at least 51 percent owned by one or more individuals who are women, minorities, or veterans; or ``(bb) whose management and daily business operations are-- ``(AA) in the case of a firm the shares of which are traded on a national securities exchange, controlled by a board with a majority of members who are women, minorities, or veterans; and ``(BB) in the case of any other firm, at least 51 percent controlled by one or more individuals who are women, minorities, or veterans. ``(V) Investment adviser.--The term `investment adviser' has the meaning given the term in section 202(a)(11) of the Investment Advisers Act of 1940. ``(VI) Minority.--The term `minority' has the meaning given the term in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and also includes any indigenous person in the United States or its territories. ``(VII) Veteran.--The term `veteran' has the meaning given the term in section 101 of title 38, United States Code.''. <all>

To amend the Federal Reserve Act to require the Board of Governors of the Federal Reserve System to establish goals for the use of diverse investment advisers, brokers, and dealers in investment management agreements related to the Board of Governor's unusual and exigent circumstances authority, 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 ``Promoting Diverse Investment Advisers Act''. SEC. 2. REQUIREMENTS FOR INVESTMENT MANAGEMENT AGREEMENTS. Section 13(3) of the Federal Reserve Act (12 U.S.C. 347d(3)) is amended by adding at the end the following: ``(F) Requirements for investment management agreements.-- ``(i) In general.--With respect to any investment management agreement entered into by the Board of Governors of the Federal Reserve System with respect to any program or facility established under this paragraph, the Board of Governors shall set goals in such agreement that require investment managers, to the maximum extent possible, to utilize-- ``(I) investment advisers and sub- advisers that are diverse individual- owned and controlled firms as intermediaries; and ``(II) brokers and dealers that are diverse individual-owned and controlled firms. ``(ii) Report.--The Board of Governors shall include, in the report required under subparagraph (C), a description of goals set pursuant to clause (i). ``(iii) Definitions.--For the purposes of this subparagraph: ``(I) Affiliated person.--The term `affiliated person' has the meaning given that term under section 2(a) of the Investment Company Act of 1940. ``(II) Broker.--The term `broker' has the meaning given that term under section 3 of the Securities Exchange Act of 1934. ``(III) Dealer.--The term `dealer' has the meaning given that term under section 3 of the Securities Exchange Act of 1934. ``(IV) Diverse individual-owned and controlled firm.--The term `diverse individual-owned and controlled firm' means a firm-- ``(aa) which is at least 51 percent owned by one or more individuals who are women, minorities, or veterans; or ``(bb) whose management and daily business operations are-- ``(AA) in the case of a firm the shares of which are traded on a national securities exchange, controlled by a board with a majority of members who are women, minorities, or veterans; and ``(BB) in the case of any other firm, at least 51 percent controlled by one or more individuals who are women, minorities, or veterans. ``(V) Investment adviser.--The term `investment adviser' has the meaning given the term in section 202(a)(11) of the Investment Advisers Act of 1940. ``(VI) Minority.--The term `minority' has the meaning given the term in section 308(b) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and also includes any indigenous person in the United States or its territories. ``(VII) Veteran.--The term `veteran' has the meaning given the term in section 101 of title 38, United States Code.''. <all>

H.R.895

Water Resources Development

Emergency Assistance for Rural Water Systems Act of 2021 This bill allows, and provides funds for, the Department of Agriculture (USDA) to provide grants and loans, as well as loan forgiveness, modification, and refinancing, to rural water, wastewater, or waste disposal facilities. Specifically, USDA may provide such assistance for purposes of ensuring public health, safety, and order and to address financial hardships, in particular those due to the COVID-19 (i.e., coronavirus disease 2019) public health emergency.

To provide for assistance to rural water, wastewater, and waste disposal systems affected by the COVID-19 pandemic, 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 ``Emergency Assistance for Rural Water Systems Act of 2021''. SEC. 2. EMERGENCY ASSISTANCE FOR RURAL WATER SYSTEMS. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a rural water, wastewater, or waste disposal facility with respect to which assistance may be provided under a water, wastewater, or waste disposal program under section 306(a), 306A, 306C, or 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a), 1926a, 1926c, 1926d). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Emergency Assistance.--The Secretary may-- (1) provide a grant, a zero percent interest loan, or a 1 percent interest loan to, forgive principal or interest or modify any term or condition of an outstanding loan made to, or refinance part or all of any other loan (if the purpose of the loan is an eligible purpose under section 306(a)(1) or 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1), 1926c)) made to, an eligible entity; or (2) reduce or eliminate any fee that is or would otherwise be required to be paid under section 306(a)(1) of that Act (7 U.S.C. 1926(a)(1)) with respect to a loan guarantee provided to an eligible entity, on the condition that the eligible entity receives the benefit resulting from the reduction or elimination of the fee. (c) Level of Assistance.--The Secretary may provide assistance to an eligible entity under subsection (b) as the Secretary determines is necessary-- (1) to ensure that the eligible entity has the necessary resources to maintain public health, safety, or order; (2) to address financial hardships of the eligible entity due to the COVID-19 public health emergency; or (3) to promote the financial stability of the eligible entity. (d) Use of Assistance.--An eligible entity to which assistance is provided under subsection (b) may use the assistance-- (1) for any purpose for which the eligible entity is eligible for assistance under the relevant provision of law referred to in subsection (a)(1); or (2) for any direct operational expenses of incurred by the eligible entity, as determined by the Secretary. (e) Appropriation.-- (1) In general.--Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary $1,000,000,000 to carry out this section. (2) Reservation for administrative expenses.--The Secretary shall reserve 3 percent of the amount appropriated by paragraph (1) for administrative expenses incurred by the Secretary in carrying out this section. (3) Availability.--The amount appropriated by paragraph (1) shall remain available through December 31, 2022. <all>

Emergency Assistance for Rural Water Systems Act of 2021

To provide for assistance to rural water, wastewater, and waste disposal systems affected by the COVID-19 pandemic, and for other purposes.

Emergency Assistance for Rural Water Systems Act of 2021

Rep. Rouzer, David

R

NC

This bill allows, and provides funds for, the Department of Agriculture (USDA) to provide grants and loans, as well as loan forgiveness, modification, and refinancing, to rural water, wastewater, or waste disposal facilities. Specifically, USDA may provide such assistance for purposes of ensuring public health, safety, and order and to address financial hardships, in particular those due to the COVID-19 (i.e., coronavirus disease 2019) public health emergency.

To provide for assistance to rural water, wastewater, and waste disposal systems affected by the COVID-19 pandemic, 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 ``Emergency Assistance for Rural Water Systems Act of 2021''. SEC. 2. EMERGENCY ASSISTANCE FOR RURAL WATER SYSTEMS. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a rural water, wastewater, or waste disposal facility with respect to which assistance may be provided under a water, wastewater, or waste disposal program under section 306(a), 306A, 306C, or 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a), 1926a, 1926c, 1926d). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Emergency Assistance.--The Secretary may-- (1) provide a grant, a zero percent interest loan, or a 1 percent interest loan to, forgive principal or interest or modify any term or condition of an outstanding loan made to, or refinance part or all of any other loan (if the purpose of the loan is an eligible purpose under section 306(a)(1) or 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1), 1926c)) made to, an eligible entity; or (2) reduce or eliminate any fee that is or would otherwise be required to be paid under section 306(a)(1) of that Act (7 U.S.C. 1926(a)(1)) with respect to a loan guarantee provided to an eligible entity, on the condition that the eligible entity receives the benefit resulting from the reduction or elimination of the fee. (c) Level of Assistance.--The Secretary may provide assistance to an eligible entity under subsection (b) as the Secretary determines is necessary-- (1) to ensure that the eligible entity has the necessary resources to maintain public health, safety, or order; (2) to address financial hardships of the eligible entity due to the COVID-19 public health emergency; or (3) to promote the financial stability of the eligible entity. (d) Use of Assistance.--An eligible entity to which assistance is provided under subsection (b) may use the assistance-- (1) for any purpose for which the eligible entity is eligible for assistance under the relevant provision of law referred to in subsection (a)(1); or (2) for any direct operational expenses of incurred by the eligible entity, as determined by the Secretary. (e) Appropriation.-- (1) In general.--Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary $1,000,000,000 to carry out this section. (2) Reservation for administrative expenses.--The Secretary shall reserve 3 percent of the amount appropriated by paragraph (1) for administrative expenses incurred by the Secretary in carrying out this section. (3) Availability.--The amount appropriated by paragraph (1) shall remain available through December 31, 2022. <all>

To provide for assistance to rural water, wastewater, and waste disposal systems affected by the COVID-19 pandemic, 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. SEC. EMERGENCY ASSISTANCE FOR RURAL WATER SYSTEMS. 1926(a), 1926a, 1926c, 1926d). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Emergency Assistance.--The Secretary may-- (1) provide a grant, a zero percent interest loan, or a 1 percent interest loan to, forgive principal or interest or modify any term or condition of an outstanding loan made to, or refinance part or all of any other loan (if the purpose of the loan is an eligible purpose under section 306(a)(1) or 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1)) with respect to a loan guarantee provided to an eligible entity, on the condition that the eligible entity receives the benefit resulting from the reduction or elimination of the fee. (c) Level of Assistance.--The Secretary may provide assistance to an eligible entity under subsection (b) as the Secretary determines is necessary-- (1) to ensure that the eligible entity has the necessary resources to maintain public health, safety, or order; (2) to address financial hardships of the eligible entity due to the COVID-19 public health emergency; or (3) to promote the financial stability of the eligible entity. (d) Use of Assistance.--An eligible entity to which assistance is provided under subsection (b) may use the assistance-- (1) for any purpose for which the eligible entity is eligible for assistance under the relevant provision of law referred to in subsection (a)(1); or (2) for any direct operational expenses of incurred by the eligible entity, as determined by the Secretary. (e) Appropriation.-- (1) In general.--Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary $1,000,000,000 to carry out this section. (3) Availability.--The amount appropriated by paragraph (1) shall remain available through December 31, 2022.

To provide for assistance to rural water, wastewater, and waste disposal systems affected by the COVID-19 pandemic, 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 ``Emergency Assistance for Rural Water Systems Act of 2021''. SEC. 2. EMERGENCY ASSISTANCE FOR RURAL WATER SYSTEMS. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a rural water, wastewater, or waste disposal facility with respect to which assistance may be provided under a water, wastewater, or waste disposal program under section 306(a), 306A, 306C, or 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a), 1926a, 1926c, 1926d). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Emergency Assistance.--The Secretary may-- (1) provide a grant, a zero percent interest loan, or a 1 percent interest loan to, forgive principal or interest or modify any term or condition of an outstanding loan made to, or refinance part or all of any other loan (if the purpose of the loan is an eligible purpose under section 306(a)(1) or 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1), 1926c)) made to, an eligible entity; or (2) reduce or eliminate any fee that is or would otherwise be required to be paid under section 306(a)(1) of that Act (7 U.S.C. 1926(a)(1)) with respect to a loan guarantee provided to an eligible entity, on the condition that the eligible entity receives the benefit resulting from the reduction or elimination of the fee. (c) Level of Assistance.--The Secretary may provide assistance to an eligible entity under subsection (b) as the Secretary determines is necessary-- (1) to ensure that the eligible entity has the necessary resources to maintain public health, safety, or order; (2) to address financial hardships of the eligible entity due to the COVID-19 public health emergency; or (3) to promote the financial stability of the eligible entity. (d) Use of Assistance.--An eligible entity to which assistance is provided under subsection (b) may use the assistance-- (1) for any purpose for which the eligible entity is eligible for assistance under the relevant provision of law referred to in subsection (a)(1); or (2) for any direct operational expenses of incurred by the eligible entity, as determined by the Secretary. (e) Appropriation.-- (1) In general.--Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary $1,000,000,000 to carry out this section. (2) Reservation for administrative expenses.--The Secretary shall reserve 3 percent of the amount appropriated by paragraph (1) for administrative expenses incurred by the Secretary in carrying out this section. (3) Availability.--The amount appropriated by paragraph (1) shall remain available through December 31, 2022. <all>

To provide for assistance to rural water, wastewater, and waste disposal systems affected by the COVID-19 pandemic, 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 ``Emergency Assistance for Rural Water Systems Act of 2021''. SEC. 2. EMERGENCY ASSISTANCE FOR RURAL WATER SYSTEMS. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a rural water, wastewater, or waste disposal facility with respect to which assistance may be provided under a water, wastewater, or waste disposal program under section 306(a), 306A, 306C, or 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a), 1926a, 1926c, 1926d). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Emergency Assistance.--The Secretary may-- (1) provide a grant, a zero percent interest loan, or a 1 percent interest loan to, forgive principal or interest or modify any term or condition of an outstanding loan made to, or refinance part or all of any other loan (if the purpose of the loan is an eligible purpose under section 306(a)(1) or 306C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1), 1926c)) made to, an eligible entity; or (2) reduce or eliminate any fee that is or would otherwise be required to be paid under section 306(a)(1) of that Act (7 U.S.C. 1926(a)(1)) with respect to a loan guarantee provided to an eligible entity, on the condition that the eligible entity receives the benefit resulting from the reduction or elimination of the fee. (c) Level of Assistance.--The Secretary may provide assistance to an eligible entity under subsection (b) as the Secretary determines is necessary-- (1) to ensure that the eligible entity has the necessary resources to maintain public health, safety, or order; (2) to address financial hardships of the eligible entity due to the COVID-19 public health emergency; or (3) to promote the financial stability of the eligible entity. (d) Use of Assistance.--An eligible entity to which assistance is provided under subsection (b) may use the assistance-- (1) for any purpose for which the eligible entity is eligible for assistance under the relevant provision of law referred to in subsection (a)(1); or (2) for any direct operational expenses of incurred by the eligible entity, as determined by the Secretary. (e) Appropriation.-- (1) In general.--Out of any amounts in the Treasury not otherwise appropriated, there is appropriated to the Secretary $1,000,000,000 to carry out this section. (2) Reservation for administrative expenses.--The Secretary shall reserve 3 percent of the amount appropriated by paragraph (1) for administrative expenses incurred by the Secretary in carrying out this section. (3) Availability.--The amount appropriated by paragraph (1) shall remain available through December 31, 2022. <all>

H.R.443

Native Americans

Alaska Native Tribal Health Consortium Land Transfer Act This bill directs the Department of Health and Human Services to convey specified property in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium for use in connection with health programs. The conveyance shall not require any consideration from, or impose any obligation, term, or condition on, the consortium or allow for any U.S. reversionary interest in the property. The consortium shall not be liable for any environmental contamination that occurred before the date on which the consortium assumes control of, occupies, and uses the property.

To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, 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 ``Alaska Native Tribal Health Consortium Land Transfer Act''. SEC. 2. CONVEYANCE OF PROPERTY TO THE ALASKA NATIVE TRIBAL HEALTH CONSORTIUM. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska (referred to in this section as the ``Consortium''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health programs. (2) Conditions.--The conveyance of the property under paragraph (1)-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Consortium for the property; (ii) impose any obligation, term, or condition on the Consortium; or (iii) allow for any reversionary interest of the United States in the property. (3) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under paragraph (1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Consortium. (b) Property Described.--The property referred to in subsection (a), including all land, improvements, and appurtenances, is-- (1) Lot 1A in Block 31A, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-117, recorded on November 22, 1996, in the Anchorage Recording District; and (2) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-118, recorded on November 22, 1996, in the Anchorage Recording District. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) that occurred on or before the date on which the Consortium controlled, occupied, and used the property. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under subsection (a)(1) as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). Union Calendar No. 490 117th CONGRESS 2d Session H. R. 443 [Report No. 117-671, Part I] _______________________________________________________________________

Alaska Native Tribal Health Consortium Land Transfer Act

To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, and for other purposes.

Alaska Native Tribal Health Consortium Land Transfer Act Alaska Native Tribal Health Consortium Land Transfer Act

Rep. Young, Don

R

AK

This bill directs the Department of Health and Human Services to convey specified property in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium for use in connection with health programs. The conveyance shall not require any consideration from, or impose any obligation, term, or condition on, the consortium or allow for any U.S. reversionary interest in the property. The consortium shall not be liable for any environmental contamination that occurred before the date on which the consortium assumes control of, occupies, and uses the property.

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 ``Alaska Native Tribal Health Consortium Land Transfer Act''. SEC. 2. CONVEYANCE OF PROPERTY TO THE ALASKA NATIVE TRIBAL HEALTH CONSORTIUM. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska (referred to in this section as the ``Consortium''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health programs. (2) Conditions.--The conveyance of the property under paragraph (1)-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Consortium for the property; (ii) impose any obligation, term, or condition on the Consortium; or (iii) allow for any reversionary interest of the United States in the property. (3) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under paragraph (1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Consortium. 96-117, recorded on November 22, 1996, in the Anchorage Recording District; and (2) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) that occurred on or before the date on which the Consortium controlled, occupied, and used the property. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under subsection (a)(1) as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). Union Calendar No. 490 117th CONGRESS 2d Session H. R. 443 [Report No. 117-671, Part I] _______________________________________________________________________

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 ``Alaska Native Tribal Health Consortium Land Transfer Act''. SEC. 2. CONVEYANCE OF PROPERTY TO THE ALASKA NATIVE TRIBAL HEALTH CONSORTIUM. (2) Conditions.--The conveyance of the property under paragraph (1)-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Consortium for the property; (ii) impose any obligation, term, or condition on the Consortium; or (iii) allow for any reversionary interest of the United States in the property. (3) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under paragraph (1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Consortium. 96-117, recorded on November 22, 1996, in the Anchorage Recording District; and (2) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) that occurred on or before the date on which the Consortium controlled, occupied, and used the property. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under subsection (a)(1) as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. 9620(h)(3)). Union Calendar No. 490 117th CONGRESS 2d Session H. R. 443 [Report No. 117-671, Part I] _______________________________________________________________________

To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, 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 ``Alaska Native Tribal Health Consortium Land Transfer Act''. SEC. 2. CONVEYANCE OF PROPERTY TO THE ALASKA NATIVE TRIBAL HEALTH CONSORTIUM. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska (referred to in this section as the ``Consortium''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health programs. (2) Conditions.--The conveyance of the property under paragraph (1)-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Consortium for the property; (ii) impose any obligation, term, or condition on the Consortium; or (iii) allow for any reversionary interest of the United States in the property. (3) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under paragraph (1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Consortium. (b) Property Described.--The property referred to in subsection (a), including all land, improvements, and appurtenances, is-- (1) Lot 1A in Block 31A, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-117, recorded on November 22, 1996, in the Anchorage Recording District; and (2) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-118, recorded on November 22, 1996, in the Anchorage Recording District. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) that occurred on or before the date on which the Consortium controlled, occupied, and used the property. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under subsection (a)(1) as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). Union Calendar No. 490 117th CONGRESS 2d Session H. R. 443 [Report No. 117-671, Part I] _______________________________________________________________________

To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, 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 ``Alaska Native Tribal Health Consortium Land Transfer Act''. SEC. 2. CONVEYANCE OF PROPERTY TO THE ALASKA NATIVE TRIBAL HEALTH CONSORTIUM. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska (referred to in this section as the ``Consortium''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health programs. (2) Conditions.--The conveyance of the property under paragraph (1)-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Consortium for the property; (ii) impose any obligation, term, or condition on the Consortium; or (iii) allow for any reversionary interest of the United States in the property. (3) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under paragraph (1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Consortium. (b) Property Described.--The property referred to in subsection (a), including all land, improvements, and appurtenances, is-- (1) Lot 1A in Block 31A, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-117, recorded on November 22, 1996, in the Anchorage Recording District; and (2) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-118, recorded on November 22, 1996, in the Anchorage Recording District. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) that occurred on or before the date on which the Consortium controlled, occupied, and used the property. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under subsection (a)(1) as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). Union Calendar No. 490 117th CONGRESS 2d Session H. R. 443 [Report No. 117-671, Part I] _______________________________________________________________________

S.4743

Crime and Law Enforcement

Animal Violence Exposes Real Threat of Future Violence Act of 2022 or the AVERT Future Violence Act of 2022 This bill directs the National Institute of Justice within the Department of Justice (DOJ) to study the factors that contribute to acts of animal cruelty. The report must also analyze acts of animal cruelty as a predictor of future violence against humans. Additionally, the bill authorizes DOJ to establish a grant program to support the development and strengthening of detection strategies and early intervention or diversion resources to stop acts of animal cruelty and rehabilitate offenders.

To direct the Attorney General to conduct a study on animal cruelty, 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 ``Animal Violence Exposes Real Threat of Future Violence Act of 2022'' or the ``AVERT Future Violence Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Animal cruelty.--The term ``animal cruelty''-- (A) means-- (i) intentionally, knowingly, or recklessly harming or killing an animal, including maiming, mutilating, torturing, wounding, poisoning, engaging in animal fighting, and sexually abusing an animal, or attempting to do so; or (ii) intentionally or knowingly neglecting or depriving an animal of necessary sustenance or shelter, or attempting to do so; and (B) does not include any conduct that is-- (i) customary and normal veterinary, agricultural husbandry, or other animal management practice; (ii) the slaughter of animals for food; (iii) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control; (iv) medical or scientific research; (v) necessary to protect the life of a person; or (vi) performed as part of euthanizing an animal. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a unit of local government; (C) a State or local court (including a juvenile court); (D) an Indian Tribe; or (E) any other organization that has a documented history of effective work identifying, intervening in, preventing, reducing, or otherwise responding to animal cruelty, or animal cruelty as related to interpersonal violence (as determined by the Secretary), including-- (i) any organization that works directly with or on behalf of pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in subparagraphs (A) through (D), including-- (I) an animal shelter; and (II) an animal welfare organization; (ii) any organization that provides mental health services to perpetrators and survivors of crime; (iii) any organization that develops and provides training programs for law enforcement, judges, prosecutors, other court personnel, veterinarians, or mental health professionals; (iv) a domestic violence and sexual assault victim service provider; (v) a domestic violence and sexual assault coalition; (vi) a child abuse victim service provider; (vii) a provider of services to families under the supervision of the courts or departments of child and family services; (viii) an elder abuse victim service provider; (ix) a community-based and culturally specific organization; and (x) any other nonprofit, nongovernmental organization. SEC. 3. STUDY ON ANIMAL CRUELTY, UNDERLYING FACTORS, AND FUTURE ACTS OF HUMAN VIOLENCE. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Attorney General, acting through the Director of the National Institute of Justice, shall carry out a study-- (1) on the underlying factors that contribute to acts of animal cruelty committed by individuals; and (2) that analyzes acts of animal cruelty as a predictor of future violence against humans. (b) Content of Study.--In carrying out the study under subsection (a), the Director of the National Institute of Justice shall-- (1) specifically examine, through a review of scientific literature, original research, and expert input, as appropriate-- (A) evidence-informed risk factors associated or correlated with individuals who commit acts of animal cruelty; (B) whether certain acts of animal cruelty can be correlated with certain evidence-informed risk factors (such as whether the acts of animal torturing, tormenting, mutilation, maiming, poisoning, organized abuse, such as animal fighting, sexual abuse, abandonment, or neglect, are associated with the same or different evidence-informed risk factors); (C) whether certain acts of animal cruelty demonstrate a tendency or likelihood to commit a future act of violence against humans; (D) the types of violence against humans most commonly associated with certain acts of animal cruelty (such as domestic violence and assault); and (E) recommendations of areas in which future research on animal cruelty is needed; and (2) develop best practices for-- (A) early interventions that prevent acts of animal cruelty; and (B) interventions with individuals who have committed acts of animal cruelty to prevent future acts of violence. (c) Recommendations.--The Director of the National Institute of Justice shall submit to Congress a report containing the specific policy recommendations, based on the study conducted under this section, for legislative and regulatory action at the Federal, State, and local levels to-- (1) address the evidence-informed risk factors that may contribute to acts of animal cruelty committed by individuals; and (2) develop effective interventions and diversion strategies for both juvenile and non-juvenile offenders who have been convicted of criminal offenses involving animal cruelty that reduce the likelihood of offenders committing future violent acts against both humans and animals. SEC. 4. STOP FUTURE VIOLENCE GRANT PROGRAM. (a) In General.--The Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders. (b) Use of Funds.--A grant awarded under this section may be used to provide personnel, training, technical assistance, data collection, and other resources for the apprehension, prosecution, adjudication, and mental and behavioral health treatment of persons committing acts of animal cruelty, for the rehabilitation of perpetrators and the prevention of future acts of animal cruelty or violence against humans, and specifically, for the purposes of-- (1) training law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals to more effectively identify and respond to acts of animal cruelty; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals specifically addressing acts of animal cruelty; (3) developing and implementing more effective police, court, prosecution, mental health, and early intervention policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to acts of animal cruelty; and (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts, or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for acts of animal cruelty. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for the purposes of carrying out section 3, $2,000,000 for fiscal year 2023, to remain available until expended; and (2) for the purposes of carrying out section 4, $2,000,000 for each of fiscal years 2023 through 2027. <all>

AVERT Future Violence Act of 2022

A bill to direct the Attorney General to conduct a study on animal cruelty, and for other purposes.

AVERT Future Violence Act of 2022 Animal Violence Exposes Real Threat of Future Violence Act of 2022

Sen. Peters, Gary C.

D

MI

This bill directs the National Institute of Justice within the Department of Justice (DOJ) to study the factors that contribute to acts of animal cruelty. The report must also analyze acts of animal cruelty as a predictor of future violence against humans. Additionally, the bill authorizes DOJ to establish a grant program to support the development and strengthening of detection strategies and early intervention or diversion resources to stop acts of animal cruelty and rehabilitate offenders.

2. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a unit of local government; (C) a State or local court (including a juvenile court); (D) an Indian Tribe; or (E) any other organization that has a documented history of effective work identifying, intervening in, preventing, reducing, or otherwise responding to animal cruelty, or animal cruelty as related to interpersonal violence (as determined by the Secretary), including-- (i) any organization that works directly with or on behalf of pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in subparagraphs (A) through (D), including-- (I) an animal shelter; and (II) an animal welfare organization; (ii) any organization that provides mental health services to perpetrators and survivors of crime; (iii) any organization that develops and provides training programs for law enforcement, judges, prosecutors, other court personnel, veterinarians, or mental health professionals; (iv) a domestic violence and sexual assault victim service provider; (v) a domestic violence and sexual assault coalition; (vi) a child abuse victim service provider; (vii) a provider of services to families under the supervision of the courts or departments of child and family services; (viii) an elder abuse victim service provider; (ix) a community-based and culturally specific organization; and (x) any other nonprofit, nongovernmental organization. 3. STUDY ON ANIMAL CRUELTY, UNDERLYING FACTORS, AND FUTURE ACTS OF HUMAN VIOLENCE. 4. (a) In General.--The Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders. SEC. There are authorized to be appropriated-- (1) for the purposes of carrying out section 3, $2,000,000 for fiscal year 2023, to remain available until expended; and (2) for the purposes of carrying out section 4, $2,000,000 for each of fiscal years 2023 through 2027.

2. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a unit of local government; (C) a State or local court (including a juvenile court); (D) an Indian Tribe; or (E) any other organization that has a documented history of effective work identifying, intervening in, preventing, reducing, or otherwise responding to animal cruelty, or animal cruelty as related to interpersonal violence (as determined by the Secretary), including-- (i) any organization that works directly with or on behalf of pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in subparagraphs (A) through (D), including-- (I) an animal shelter; and (II) an animal welfare organization; (ii) any organization that provides mental health services to perpetrators and survivors of crime; (iii) any organization that develops and provides training programs for law enforcement, judges, prosecutors, other court personnel, veterinarians, or mental health professionals; (iv) a domestic violence and sexual assault victim service provider; (v) a domestic violence and sexual assault coalition; (vi) a child abuse victim service provider; (vii) a provider of services to families under the supervision of the courts or departments of child and family services; (viii) an elder abuse victim service provider; (ix) a community-based and culturally specific organization; and (x) any other nonprofit, nongovernmental organization. 3. STUDY ON ANIMAL CRUELTY, UNDERLYING FACTORS, AND FUTURE ACTS OF HUMAN VIOLENCE. 4. (a) In General.--The Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders. SEC. There are authorized to be appropriated-- (1) for the purposes of carrying out section 3, $2,000,000 for fiscal year 2023, to remain available until expended; and (2) for the purposes of carrying out section 4, $2,000,000 for each of fiscal years 2023 through 2027.

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 ``Animal Violence Exposes Real Threat of Future Violence Act of 2022'' or the ``AVERT Future Violence Act of 2022''. 2. DEFINITIONS. In this Act: (1) Animal cruelty.--The term ``animal cruelty''-- (A) means-- (i) intentionally, knowingly, or recklessly harming or killing an animal, including maiming, mutilating, torturing, wounding, poisoning, engaging in animal fighting, and sexually abusing an animal, or attempting to do so; or (ii) intentionally or knowingly neglecting or depriving an animal of necessary sustenance or shelter, or attempting to do so; and (B) does not include any conduct that is-- (i) customary and normal veterinary, agricultural husbandry, or other animal management practice; (ii) the slaughter of animals for food; (iii) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control; (iv) medical or scientific research; (v) necessary to protect the life of a person; or (vi) performed as part of euthanizing an animal. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a unit of local government; (C) a State or local court (including a juvenile court); (D) an Indian Tribe; or (E) any other organization that has a documented history of effective work identifying, intervening in, preventing, reducing, or otherwise responding to animal cruelty, or animal cruelty as related to interpersonal violence (as determined by the Secretary), including-- (i) any organization that works directly with or on behalf of pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in subparagraphs (A) through (D), including-- (I) an animal shelter; and (II) an animal welfare organization; (ii) any organization that provides mental health services to perpetrators and survivors of crime; (iii) any organization that develops and provides training programs for law enforcement, judges, prosecutors, other court personnel, veterinarians, or mental health professionals; (iv) a domestic violence and sexual assault victim service provider; (v) a domestic violence and sexual assault coalition; (vi) a child abuse victim service provider; (vii) a provider of services to families under the supervision of the courts or departments of child and family services; (viii) an elder abuse victim service provider; (ix) a community-based and culturally specific organization; and (x) any other nonprofit, nongovernmental organization. 3. STUDY ON ANIMAL CRUELTY, UNDERLYING FACTORS, AND FUTURE ACTS OF HUMAN VIOLENCE. (b) Content of Study.--In carrying out the study under subsection (a), the Director of the National Institute of Justice shall-- (1) specifically examine, through a review of scientific literature, original research, and expert input, as appropriate-- (A) evidence-informed risk factors associated or correlated with individuals who commit acts of animal cruelty; (B) whether certain acts of animal cruelty can be correlated with certain evidence-informed risk factors (such as whether the acts of animal torturing, tormenting, mutilation, maiming, poisoning, organized abuse, such as animal fighting, sexual abuse, abandonment, or neglect, are associated with the same or different evidence-informed risk factors); (C) whether certain acts of animal cruelty demonstrate a tendency or likelihood to commit a future act of violence against humans; (D) the types of violence against humans most commonly associated with certain acts of animal cruelty (such as domestic violence and assault); and (E) recommendations of areas in which future research on animal cruelty is needed; and (2) develop best practices for-- (A) early interventions that prevent acts of animal cruelty; and (B) interventions with individuals who have committed acts of animal cruelty to prevent future acts of violence. 4. (a) In General.--The Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for the purposes of carrying out section 3, $2,000,000 for fiscal year 2023, to remain available until expended; and (2) for the purposes of carrying out section 4, $2,000,000 for each of fiscal years 2023 through 2027.

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 ``Animal Violence Exposes Real Threat of Future Violence Act of 2022'' or the ``AVERT Future Violence Act of 2022''. 2. DEFINITIONS. In this Act: (1) Animal cruelty.--The term ``animal cruelty''-- (A) means-- (i) intentionally, knowingly, or recklessly harming or killing an animal, including maiming, mutilating, torturing, wounding, poisoning, engaging in animal fighting, and sexually abusing an animal, or attempting to do so; or (ii) intentionally or knowingly neglecting or depriving an animal of necessary sustenance or shelter, or attempting to do so; and (B) does not include any conduct that is-- (i) customary and normal veterinary, agricultural husbandry, or other animal management practice; (ii) the slaughter of animals for food; (iii) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control; (iv) medical or scientific research; (v) necessary to protect the life of a person; or (vi) performed as part of euthanizing an animal. (2) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a unit of local government; (C) a State or local court (including a juvenile court); (D) an Indian Tribe; or (E) any other organization that has a documented history of effective work identifying, intervening in, preventing, reducing, or otherwise responding to animal cruelty, or animal cruelty as related to interpersonal violence (as determined by the Secretary), including-- (i) any organization that works directly with or on behalf of pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in subparagraphs (A) through (D), including-- (I) an animal shelter; and (II) an animal welfare organization; (ii) any organization that provides mental health services to perpetrators and survivors of crime; (iii) any organization that develops and provides training programs for law enforcement, judges, prosecutors, other court personnel, veterinarians, or mental health professionals; (iv) a domestic violence and sexual assault victim service provider; (v) a domestic violence and sexual assault coalition; (vi) a child abuse victim service provider; (vii) a provider of services to families under the supervision of the courts or departments of child and family services; (viii) an elder abuse victim service provider; (ix) a community-based and culturally specific organization; and (x) any other nonprofit, nongovernmental organization. 3. STUDY ON ANIMAL CRUELTY, UNDERLYING FACTORS, AND FUTURE ACTS OF HUMAN VIOLENCE. (b) Content of Study.--In carrying out the study under subsection (a), the Director of the National Institute of Justice shall-- (1) specifically examine, through a review of scientific literature, original research, and expert input, as appropriate-- (A) evidence-informed risk factors associated or correlated with individuals who commit acts of animal cruelty; (B) whether certain acts of animal cruelty can be correlated with certain evidence-informed risk factors (such as whether the acts of animal torturing, tormenting, mutilation, maiming, poisoning, organized abuse, such as animal fighting, sexual abuse, abandonment, or neglect, are associated with the same or different evidence-informed risk factors); (C) whether certain acts of animal cruelty demonstrate a tendency or likelihood to commit a future act of violence against humans; (D) the types of violence against humans most commonly associated with certain acts of animal cruelty (such as domestic violence and assault); and (E) recommendations of areas in which future research on animal cruelty is needed; and (2) develop best practices for-- (A) early interventions that prevent acts of animal cruelty; and (B) interventions with individuals who have committed acts of animal cruelty to prevent future acts of violence. (c) Recommendations.--The Director of the National Institute of Justice shall submit to Congress a report containing the specific policy recommendations, based on the study conducted under this section, for legislative and regulatory action at the Federal, State, and local levels to-- (1) address the evidence-informed risk factors that may contribute to acts of animal cruelty committed by individuals; and (2) develop effective interventions and diversion strategies for both juvenile and non-juvenile offenders who have been convicted of criminal offenses involving animal cruelty that reduce the likelihood of offenders committing future violent acts against both humans and animals. 4. (a) In General.--The Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders. (b) Use of Funds.--A grant awarded under this section may be used to provide personnel, training, technical assistance, data collection, and other resources for the apprehension, prosecution, adjudication, and mental and behavioral health treatment of persons committing acts of animal cruelty, for the rehabilitation of perpetrators and the prevention of future acts of animal cruelty or violence against humans, and specifically, for the purposes of-- (1) training law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals to more effectively identify and respond to acts of animal cruelty; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals specifically addressing acts of animal cruelty; (3) developing and implementing more effective police, court, prosecution, mental health, and early intervention policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to acts of animal cruelty; and (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts, or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for acts of animal cruelty. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for the purposes of carrying out section 3, $2,000,000 for fiscal year 2023, to remain available until expended; and (2) for the purposes of carrying out section 4, $2,000,000 for each of fiscal years 2023 through 2027.

H.R.8333

International Affairs

Upholding Human Rights Abroad Act This bill prohibits, with some exceptions, the Department of Defense (DOD) from providing certain support to forces (e.g., foreign forces or irregular forces) engaged in U.S. special operations if DOD has credible information that the force in question has committed a gross violation of human rights.

To amend title 10, United States Code, to provide for the consideration of the human rights records of recipients of support of special operations to combat terrorism, 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 ``Upholding Human Rights Abroad Act''. SEC. 2. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM. Section 127e of title 10, United States Code, is amended-- (1) in subsection (c)(2) by adding at the end of the following new subparagraph-- ``(D) The processes through which the Secretary, in consultation with the Secretary of State, shall ensure that, prior to a decision to provide any support to foreign forces, irregular forces, groups, or individuals, full consideration is given to any credible information available to the Department of State relating to violations of human rights by such entities.''; (2) in subsection (d)(2)-- (A) in subparagraph (H), by inserting ``, including the promotion of good governance and rule of law and the protection of civilians and human rights'' before the period at the end; (B) in subparagraph (I)-- (i) by striking the period at the end and inserting ``or violations of the laws of armed conflict, including the Geneva Conventions of 1949, including--''; and (ii) by adding at the end the following new clauses: ``(i) vetting units receiving such support for violations of human rights; ``(ii) providing human rights training to units receiving such support; and ``(iii) providing for the investigation of allegations of gross violations of human rights and termination of such support in cases of credible information of such violations.''; and (C) by adding at the end the following new subparagraph: ``(J) A description of the human rights record of the recipient, including for purposes of section 362 of this title, and any relevant attempts by such recipient to remedy such record.''; (3) in subsection (i)(3) by adding at the end the following new subparagraph: ``(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government efforts to address underlying risk factors of terrorism and violent extremism, including repression, human rights abuses, and corruption.''; and (4) by adding at the end the following new subsections: ``(j) Prohibition on Use of Funds.--(1) Except as provided in paragraphs (2) and (3), no funds may be used to provide support to any foreign forces, irregular forces, groups, or individuals if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights. ``(2) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition under paragraph (1) if the Secretary determines that the waiver is required by extraordinary circumstances. ``(3) The prohibition under paragraph (1) shall not apply with respect to the foreign forces, irregular forces, groups, or individuals of a country if the Secretary of Defense determines that-- ``(A) the government of such country has taken all necessary corrective steps; or ``(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies. ``(k) Savings Clause.--Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: ``(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093). ``(2) The introduction of United States armed forces, within the meaning of section 5(b) of the War Powers Resolution, into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. ``(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. ``(4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.''. SEC. 3. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE. Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended-- (1) in subsection (c)(2), by adding at the end of the following new subparagraph: ``(D) The processes through which the Secretary shall, in consultation with the Secretary of State, ensure that prior to a decision to provide support to individual members or units of foreign forces, irregular forces, or groups in a foreign country full consideration is given to any credible information available to the Department of State relating to gross violations of human rights by such individuals or units.''; (2) in subsection (d)(2) of such section-- (A) by redesignating subparagraph (G) as subparagraph (H); and (B) by inserting after subparagraph (F) the following new subparagraph (G): ``(G) A description of the human rights record of the recipient, including for purposes of section 362 of title 10, United States Code, and any relevant attempts by such recipient to remedy such record.''; (3) in subsection (h)(3), by adding at the end the following new subparagraph: ``(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government interests in countries in which activities under the authority in this section are ongoing.''; (4) by redesignating subsection (i) as subsection (j); and (5) by inserting after subsection (h) the following new subsection (i): ``(i) Prohibition on Use of Funds.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), no funds may be used to provide support to any individual member or unit of a foreign force, irregular force, or group in a foreign country if the Secretary of Defense has credible information that such individual or unit has committed a gross violation of human rights. ``(2) Waiver authority.--The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition under paragraph (1) if the Secretary determines that the waiver is required by extraordinary circumstances. ``(3) Exception.--The prohibition under paragraph (1) shall not apply with respect to individual members or units of such foreign forces, irregular forces, or groups if the Secretary of Defense, after consultation with the Secretary of State, determines that-- ``(A) the government of such country has taken all necessary corrective steps; or ``(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.''. <all>

Upholding Human Rights Abroad Act

To amend title 10, United States Code, to provide for the consideration of the human rights records of recipients of support of special operations to combat terrorism, and for other purposes.

Upholding Human Rights Abroad Act

Rep. Jacobs, Sara

D

CA

This bill prohibits, with some exceptions, the Department of Defense (DOD) from providing certain support to forces (e.g., foreign forces or irregular forces) engaged in U.S. special operations if DOD has credible information that the force in question has committed a gross violation of human rights.

To amend title 10, United States Code, to provide for the consideration of the human rights records of recipients of support of special operations to combat terrorism, 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 ``Upholding Human Rights Abroad Act''. 2. ''; (2) in subsection (d)(2)-- (A) in subparagraph (H), by inserting ``, including the promotion of good governance and rule of law and the protection of civilians and human rights'' before the period at the end; (B) in subparagraph (I)-- (i) by striking the period at the end and inserting ``or violations of the laws of armed conflict, including the Geneva Conventions of 1949, including--''; and (ii) by adding at the end the following new clauses: ``(i) vetting units receiving such support for violations of human rights; ``(ii) providing human rights training to units receiving such support; and ``(iii) providing for the investigation of allegations of gross violations of human rights and termination of such support in cases of credible information of such violations. ``(2) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition under paragraph (1) if the Secretary determines that the waiver is required by extraordinary circumstances. ``(3) The prohibition under paragraph (1) shall not apply with respect to the foreign forces, irregular forces, groups, or individuals of a country if the Secretary of Defense determines that-- ``(A) the government of such country has taken all necessary corrective steps; or ``(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies. ``(k) Savings Clause.--Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: ``(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093). ``(2) The introduction of United States armed forces, within the meaning of section 5(b) of the War Powers Resolution, into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. ``(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. SEC. 3. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE. ''; (3) in subsection (h)(3), by adding at the end the following new subparagraph: ``(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government interests in countries in which activities under the authority in this section are ongoing.

To amend title 10, United States Code, to provide for the consideration of the human rights records of recipients of support of special operations to combat terrorism, and for other purposes. SHORT TITLE. This Act may be cited as the ``Upholding Human Rights Abroad Act''. 2. ''; (2) in subsection (d)(2)-- (A) in subparagraph (H), by inserting ``, including the promotion of good governance and rule of law and the protection of civilians and human rights'' before the period at the end; (B) in subparagraph (I)-- (i) by striking the period at the end and inserting ``or violations of the laws of armed conflict, including the Geneva Conventions of 1949, including--''; and (ii) by adding at the end the following new clauses: ``(i) vetting units receiving such support for violations of human rights; ``(ii) providing human rights training to units receiving such support; and ``(iii) providing for the investigation of allegations of gross violations of human rights and termination of such support in cases of credible information of such violations. ``(2) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition under paragraph (1) if the Secretary determines that the waiver is required by extraordinary circumstances. ``(3) The prohibition under paragraph (1) shall not apply with respect to the foreign forces, irregular forces, groups, or individuals of a country if the Secretary of Defense determines that-- ``(A) the government of such country has taken all necessary corrective steps; or ``(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies. 3093). ``(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. SEC. 3. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE. ''; (3) in subsection (h)(3), by adding at the end the following new subparagraph: ``(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government interests in countries in which activities under the authority in this section are ongoing.

To amend title 10, United States Code, to provide for the consideration of the human rights records of recipients of support of special operations to combat terrorism, 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 ``Upholding Human Rights Abroad Act''. 2. ''; (2) in subsection (d)(2)-- (A) in subparagraph (H), by inserting ``, including the promotion of good governance and rule of law and the protection of civilians and human rights'' before the period at the end; (B) in subparagraph (I)-- (i) by striking the period at the end and inserting ``or violations of the laws of armed conflict, including the Geneva Conventions of 1949, including--''; and (ii) by adding at the end the following new clauses: ``(i) vetting units receiving such support for violations of human rights; ``(ii) providing human rights training to units receiving such support; and ``(iii) providing for the investigation of allegations of gross violations of human rights and termination of such support in cases of credible information of such violations. ''; and (4) by adding at the end the following new subsections: ``(j) Prohibition on Use of Funds.--(1) Except as provided in paragraphs (2) and (3), no funds may be used to provide support to any foreign forces, irregular forces, groups, or individuals if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights. ``(2) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition under paragraph (1) if the Secretary determines that the waiver is required by extraordinary circumstances. ``(3) The prohibition under paragraph (1) shall not apply with respect to the foreign forces, irregular forces, groups, or individuals of a country if the Secretary of Defense determines that-- ``(A) the government of such country has taken all necessary corrective steps; or ``(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies. ``(k) Savings Clause.--Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: ``(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093). ``(2) The introduction of United States armed forces, within the meaning of section 5(b) of the War Powers Resolution, into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. ``(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. ``(4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.''. SEC. 3. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE. Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended-- (1) in subsection (c)(2), by adding at the end of the following new subparagraph: ``(D) The processes through which the Secretary shall, in consultation with the Secretary of State, ensure that prior to a decision to provide support to individual members or units of foreign forces, irregular forces, or groups in a foreign country full consideration is given to any credible information available to the Department of State relating to gross violations of human rights by such individuals or units. ''; (2) in subsection (d)(2) of such section-- (A) by redesignating subparagraph (G) as subparagraph (H); and (B) by inserting after subparagraph (F) the following new subparagraph (G): ``(G) A description of the human rights record of the recipient, including for purposes of section 362 of title 10, United States Code, and any relevant attempts by such recipient to remedy such record. ''; (3) in subsection (h)(3), by adding at the end the following new subparagraph: ``(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government interests in countries in which activities under the authority in this section are ongoing.

To amend title 10, United States Code, to provide for the consideration of the human rights records of recipients of support of special operations to combat terrorism, 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 ``Upholding Human Rights Abroad Act''. 2. Section 127e of title 10, United States Code, is amended-- (1) in subsection (c)(2) by adding at the end of the following new subparagraph-- ``(D) The processes through which the Secretary, in consultation with the Secretary of State, shall ensure that, prior to a decision to provide any support to foreign forces, irregular forces, groups, or individuals, full consideration is given to any credible information available to the Department of State relating to violations of human rights by such entities. ''; (2) in subsection (d)(2)-- (A) in subparagraph (H), by inserting ``, including the promotion of good governance and rule of law and the protection of civilians and human rights'' before the period at the end; (B) in subparagraph (I)-- (i) by striking the period at the end and inserting ``or violations of the laws of armed conflict, including the Geneva Conventions of 1949, including--''; and (ii) by adding at the end the following new clauses: ``(i) vetting units receiving such support for violations of human rights; ``(ii) providing human rights training to units receiving such support; and ``(iii) providing for the investigation of allegations of gross violations of human rights and termination of such support in cases of credible information of such violations. ''; (3) in subsection (i)(3) by adding at the end the following new subparagraph: ``(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government efforts to address underlying risk factors of terrorism and violent extremism, including repression, human rights abuses, and corruption. ''; and (4) by adding at the end the following new subsections: ``(j) Prohibition on Use of Funds.--(1) Except as provided in paragraphs (2) and (3), no funds may be used to provide support to any foreign forces, irregular forces, groups, or individuals if the Secretary of Defense has credible information that the unit has committed a gross violation of human rights. ``(2) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition under paragraph (1) if the Secretary determines that the waiver is required by extraordinary circumstances. ``(3) The prohibition under paragraph (1) shall not apply with respect to the foreign forces, irregular forces, groups, or individuals of a country if the Secretary of Defense determines that-- ``(A) the government of such country has taken all necessary corrective steps; or ``(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies. ``(k) Savings Clause.--Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: ``(1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 (50 U.S.C. 3093). ``(2) The introduction of United States armed forces, within the meaning of section 5(b) of the War Powers Resolution, into hostilities or into situations wherein hostilities are clearly indicated by the circumstances. ``(3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. ``(4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict.''. SEC. 3. CONSIDERATION OF HUMAN RIGHTS RECORDS OF RECIPIENTS OF SUPPORT OF SPECIAL OPERATIONS FOR IRREGULAR WARFARE. Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1639) is amended-- (1) in subsection (c)(2), by adding at the end of the following new subparagraph: ``(D) The processes through which the Secretary shall, in consultation with the Secretary of State, ensure that prior to a decision to provide support to individual members or units of foreign forces, irregular forces, or groups in a foreign country full consideration is given to any credible information available to the Department of State relating to gross violations of human rights by such individuals or units. ''; (2) in subsection (d)(2) of such section-- (A) by redesignating subparagraph (G) as subparagraph (H); and (B) by inserting after subparagraph (F) the following new subparagraph (G): ``(G) A description of the human rights record of the recipient, including for purposes of section 362 of title 10, United States Code, and any relevant attempts by such recipient to remedy such record. ''; (3) in subsection (h)(3), by adding at the end the following new subparagraph: ``(I) An assessment of how support provided under this section advances United States national security priorities and aligns with other United States Government interests in countries in which activities under the authority in this section are ongoing. ''; (4) by redesignating subsection (i) as subsection (j); and (5) by inserting after subsection (h) the following new subsection (i): ``(i) Prohibition on Use of Funds.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), no funds may be used to provide support to any individual member or unit of a foreign force, irregular force, or group in a foreign country if the Secretary of Defense has credible information that such individual or unit has committed a gross violation of human rights. ``(3) Exception.--The prohibition under paragraph (1) shall not apply with respect to individual members or units of such foreign forces, irregular forces, or groups if the Secretary of Defense, after consultation with the Secretary of State, determines that-- ``(A) the government of such country has taken all necessary corrective steps; or ``(B) the support is necessary to assist in disaster relief operations or other humanitarian or national security emergencies.''.

H.R.4119

Finance and Financial Sector

Student Borrower Credit Improvement Act This bill prohibits a consumer reporting agency from furnishing a consumer report containing any adverse item of information relating to a delinquent or defaulted private education loan of a borrower who has a specified demonstrated history of loan repayment.

To amend the Fair Credit Reporting Act to remove adverse information for certain defaulted or delinquent private education loan borrowers who demonstrate a history of loan repayment, 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 ``Student Borrower Credit Improvement Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The October 2014 report of the Bureau of Consumer Financial Protection titled ``Annual Report of the CFPB Student Loan Ombudsman'' noted many private education loan borrowers, who sought to negotiate a modified repayment plan when they were experiencing a period of financial distress, were unable to get assistance from their loan holders, which often resulting in them defaulting on their loans. This pattern resembles the difficulty that a significant number of mortgage loan borrowers experienced when they sought to take responsible steps to work with their mortgage loan servicer to avoid foreclosure during the Great Recession. (2) Although private student loan holders may allow a borrower to postpone payments while enrolled in school full- time, many limit this option to a certain time period, usually 48 to 66 months. This limited time period may not be sufficient for those who need additional time to obtain their degree or who want to continue their education by pursing a graduate or professional degree. The Bureau of Consumer Financial Protection found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. SEC. 3. REMOVAL OF ADVERSE INFORMATION FOR CERTAIN PRIVATE EDUCATION LOAN BORROWERS. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following new section: ``Sec. 605C. Credit rehabilitation for distressed private education loan borrowers. ``(a) In General.--A consumer reporting agency may not furnish any consumer report containing any adverse item of information relating to a delinquent or defaulted private education loan of a borrower if the borrower has rehabilitated the borrower's credit with respect to such loan by making 9 on-time monthly payments (in accordance with the terms and conditions of the borrower's original loan agreement or any other repayment agreement that antedates the original agreement) during a period of 10 consecutive months on such loan after the date on which the delinquency or default occurred. ``(b) Interruption of 10-Month Period for Certain Consumers.-- ``(1) Permissible interruption of the 10-month period.--A borrower may stop making consecutive monthly payments and be granted a grace period after which the 10-month period described in subsection (a) shall resume. Such grace period shall be provided under the following circumstances: ``(A) With respect to a borrower who is a member of the Armed Forces entitled to incentive pay for the performance of hazardous duty under section 301 of title 37, United States Code, hazardous duty pay under section 351 of such title, or other assignment or special duty pay under section 352 of such title, the grace period shall begin on the date on which the borrower begins such assignment or duty and end on the date that is 6 months after the completion of such assignment or duty. ``(B) With respect to a borrower who resides in an area affected by a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the grace period shall begin on the date on which the major disaster or emergency was declared and end on the date that is 3 months after such date. ``(2) Other circumstances.-- ``(A) In general.--The Bureau may allow a borrower demonstrating hardship to stop making consecutive monthly payments and be granted a grace period after which the 10-month period described in subsection (a) shall resume. ``(B) Borrower demonstrating hardship defined.--In this paragraph, the term `borrower demonstrating hardship' means a borrower or a class of borrowers who, as determined by the Bureau, is facing or has experienced unusual extenuating life circumstances or events that result in severe financial or personal barriers such that the borrower or class of borrowers does not have the capacity to comply with the requirements of subsection (a). ``(c) Procedures.--The Bureau shall establish procedures to implement the credit rehabilitation described in this section, including-- ``(1) the manner, content, and form for requesting credit rehabilitation; ``(2) the method for validating that the borrower is satisfying the requirements of subsection (a); ``(3) the manner, content, and form for notifying the private educational loan holder of-- ``(A) the borrower's participation in credit rehabilitation under subsection (a); ``(B) the requirements described in subsection (d); and ``(C) the restrictions described in subsection (f); ``(4) the manner, content, and form for notifying a consumer reporting agency of-- ``(A) the borrower's participation in credit rehabilitation under subsection (a); and ``(B) the requirements described in subsection (d); ``(5) the method for verifying whether a borrower qualifies for the grace period described in subsection (b); and ``(6) the manner, content, and form of notifying a consumer reporting agency and private educational loan holder that a borrower was granted a grace period. ``(d) Standardized Reporting Codes.--A consumer reporting agency shall develop standardized reporting codes for use by any private educational loan holder to identify and report a borrower's status of making and completing 9 on-time monthly payments during a period of 10 consecutive months on a delinquent or defaulted private education loan, including codes specifying the grace period described in subsection (b) and any agreement to modify monthly payments. Such codes shall not appear on any report provided to a third party, and shall be removed from the consumer's credit report upon the consumer's completion of the rehabilitation period under this section. ``(e) Elimination of Barriers to Credit Rehabilitation.--A consumer report in which a private educational loan holder furnishes the standardized reporting codes described in subsection (d) to a consumer reporting agency, or in which a consumer reporting agency includes such codes, shall be deemed to comply with the requirements for accuracy and completeness under sections 623(a)(1) and 630. ``(f) Prohibition on Civil Actions for Consumers Pursuing Rehabilitation.--A private educational loan holder may not commence or proceed with any civil action against a borrower with respect to a delinquent or defaulted loan during the period of rehabilitation if the private educational loan holder has been notified, in accordance with the procedures established by the Bureau pursuant to subsection (c)-- ``(1) of such borrower's intent to participate in rehabilitation; ``(2) that such borrower has satisfied the requirements under subsection (a); or ``(3) that such borrower was granted a grace period. ``(g) Impact on Statute of Limitations for Prior Debt.--Payments by a borrower on a private education loan that are made during and after a period of rehabilitation under this section shall have no effect on the statute of limitations with respect to payments that were due on such private education loan before the beginning of the period of rehabilitation. ``(h) Payment Plans.--If a private educational loan holder enters into a payment plan with a borrower on a private education loan during a period of rehabilitation, such payment plan shall be reasonable and affordable, as determined by the Bureau. ``(i) Rules of Construction.-- ``(1) Application to subsequent default or delinquency.--A borrower who satisfies the requirements under subsection (a) shall be eligible for additional credit rehabilitation described in subsection (a) with respect to any subsequent default or delinquency of the borrower on the rehabilitated private education loan. ``(2) Interruption of consecutive payment period requirement.--The grace period described in subsection (b)(1)(A) shall not apply if any regulation promulgated under section 987 of title 10, United States Code (commonly known as the Military Lending Act), or the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) allows for a grace period or other interruption of the 10-month period described in subsection (a) and such grace period or other interruption is longer than the period described in subsection (b)(1)(A) or otherwise provides greater protection or benefit to the borrower who is a member of the Armed Forces.''. (b) Conforming Amendment.--Section 623(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681s-2(a)(1)) is amended by striking subparagraph (E). (c) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: ``605C. Credit rehabilitation for distressed private education loan borrowers.''. SEC. 4. PRIVATE EDUCATION LOAN DEFINITIONS. Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following new subsection: ``(bb) Private Education Loan Definitions.--The terms `private education loan' and `private educational lender' have the meanings given such terms, respectively, in section 140(a) of the Truth in Lending Act.''. SEC. 5. RULEMAKING. Except as otherwise provided, the Bureau of Consumer Financial Protection shall, not later than the end of the 2-year period beginning on the date of the enactment of this Act, issue final rules to implement the amendments made by this Act. <all>

Student Borrower Credit Improvement Act

To amend the Fair Credit Reporting Act to remove adverse information for certain defaulted or delinquent private education loan borrowers who demonstrate a history of loan repayment, and for other purposes.

Student Borrower Credit Improvement Act

Rep. Pressley, Ayanna

D

MA

This bill prohibits a consumer reporting agency from furnishing a consumer report containing any adverse item of information relating to a delinquent or defaulted private education loan of a borrower who has a specified demonstrated history of loan repayment.

SHORT TITLE. 2. This pattern resembles the difficulty that a significant number of mortgage loan borrowers experienced when they sought to take responsible steps to work with their mortgage loan servicer to avoid foreclosure during the Great Recession. This limited time period may not be sufficient for those who need additional time to obtain their degree or who want to continue their education by pursing a graduate or professional degree. The Bureau of Consumer Financial Protection found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. 3. 1681 et seq.) Credit rehabilitation for distressed private education loan borrowers. ``(b) Interruption of 10-Month Period for Certain Consumers.-- ``(1) Permissible interruption of the 10-month period.--A borrower may stop making consecutive monthly payments and be granted a grace period after which the 10-month period described in subsection (a) shall resume. Such grace period shall be provided under the following circumstances: ``(A) With respect to a borrower who is a member of the Armed Forces entitled to incentive pay for the performance of hazardous duty under section 301 of title 37, United States Code, hazardous duty pay under section 351 of such title, or other assignment or special duty pay under section 352 of such title, the grace period shall begin on the date on which the borrower begins such assignment or duty and end on the date that is 6 months after the completion of such assignment or duty. ``(B) With respect to a borrower who resides in an area affected by a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the grace period shall begin on the date on which the major disaster or emergency was declared and end on the date that is 3 months after such date. ``(e) Elimination of Barriers to Credit Rehabilitation.--A consumer report in which a private educational loan holder furnishes the standardized reporting codes described in subsection (d) to a consumer reporting agency, or in which a consumer reporting agency includes such codes, shall be deemed to comply with the requirements for accuracy and completeness under sections 623(a)(1) and 630. (c) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: ``605C. 4. Section 603 of the Fair Credit Reporting Act (15 U.S.C. SEC. 5.

SHORT TITLE. 2. This limited time period may not be sufficient for those who need additional time to obtain their degree or who want to continue their education by pursing a graduate or professional degree. The Bureau of Consumer Financial Protection found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. 3. 1681 et seq.) Credit rehabilitation for distressed private education loan borrowers. ``(b) Interruption of 10-Month Period for Certain Consumers.-- ``(1) Permissible interruption of the 10-month period.--A borrower may stop making consecutive monthly payments and be granted a grace period after which the 10-month period described in subsection (a) shall resume. ``(B) With respect to a borrower who resides in an area affected by a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the grace period shall begin on the date on which the major disaster or emergency was declared and end on the date that is 3 months after such date. ``(e) Elimination of Barriers to Credit Rehabilitation.--A consumer report in which a private educational loan holder furnishes the standardized reporting codes described in subsection (d) to a consumer reporting agency, or in which a consumer reporting agency includes such codes, shall be deemed to comply with the requirements for accuracy and completeness under sections 623(a)(1) and 630. (c) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: ``605C. 4. Section 603 of the Fair Credit Reporting Act (15 U.S.C. SEC. 5.

SHORT TITLE. 2. FINDINGS. This pattern resembles the difficulty that a significant number of mortgage loan borrowers experienced when they sought to take responsible steps to work with their mortgage loan servicer to avoid foreclosure during the Great Recession. This limited time period may not be sufficient for those who need additional time to obtain their degree or who want to continue their education by pursing a graduate or professional degree. The Bureau of Consumer Financial Protection found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. 3. 1681 et seq.) Credit rehabilitation for distressed private education loan borrowers. ``(a) In General.--A consumer reporting agency may not furnish any consumer report containing any adverse item of information relating to a delinquent or defaulted private education loan of a borrower if the borrower has rehabilitated the borrower's credit with respect to such loan by making 9 on-time monthly payments (in accordance with the terms and conditions of the borrower's original loan agreement or any other repayment agreement that antedates the original agreement) during a period of 10 consecutive months on such loan after the date on which the delinquency or default occurred. ``(b) Interruption of 10-Month Period for Certain Consumers.-- ``(1) Permissible interruption of the 10-month period.--A borrower may stop making consecutive monthly payments and be granted a grace period after which the 10-month period described in subsection (a) shall resume. Such grace period shall be provided under the following circumstances: ``(A) With respect to a borrower who is a member of the Armed Forces entitled to incentive pay for the performance of hazardous duty under section 301 of title 37, United States Code, hazardous duty pay under section 351 of such title, or other assignment or special duty pay under section 352 of such title, the grace period shall begin on the date on which the borrower begins such assignment or duty and end on the date that is 6 months after the completion of such assignment or duty. ``(B) With respect to a borrower who resides in an area affected by a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the grace period shall begin on the date on which the major disaster or emergency was declared and end on the date that is 3 months after such date. ``(B) Borrower demonstrating hardship defined.--In this paragraph, the term `borrower demonstrating hardship' means a borrower or a class of borrowers who, as determined by the Bureau, is facing or has experienced unusual extenuating life circumstances or events that result in severe financial or personal barriers such that the borrower or class of borrowers does not have the capacity to comply with the requirements of subsection (a). ``(c) Procedures.--The Bureau shall establish procedures to implement the credit rehabilitation described in this section, including-- ``(1) the manner, content, and form for requesting credit rehabilitation; ``(2) the method for validating that the borrower is satisfying the requirements of subsection (a); ``(3) the manner, content, and form for notifying the private educational loan holder of-- ``(A) the borrower's participation in credit rehabilitation under subsection (a); ``(B) the requirements described in subsection (d); and ``(C) the restrictions described in subsection (f); ``(4) the manner, content, and form for notifying a consumer reporting agency of-- ``(A) the borrower's participation in credit rehabilitation under subsection (a); and ``(B) the requirements described in subsection (d); ``(5) the method for verifying whether a borrower qualifies for the grace period described in subsection (b); and ``(6) the manner, content, and form of notifying a consumer reporting agency and private educational loan holder that a borrower was granted a grace period. ``(e) Elimination of Barriers to Credit Rehabilitation.--A consumer report in which a private educational loan holder furnishes the standardized reporting codes described in subsection (d) to a consumer reporting agency, or in which a consumer reporting agency includes such codes, shall be deemed to comply with the requirements for accuracy and completeness under sections 623(a)(1) and 630. App. (c) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: ``605C. 4. Section 603 of the Fair Credit Reporting Act (15 U.S.C. SEC. 5. RULEMAKING.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. FINDINGS. This pattern resembles the difficulty that a significant number of mortgage loan borrowers experienced when they sought to take responsible steps to work with their mortgage loan servicer to avoid foreclosure during the Great Recession. (2) Although private student loan holders may allow a borrower to postpone payments while enrolled in school full- time, many limit this option to a certain time period, usually 48 to 66 months. This limited time period may not be sufficient for those who need additional time to obtain their degree or who want to continue their education by pursing a graduate or professional degree. The Bureau of Consumer Financial Protection found that borrowers who were unable to make payments often defaulted or had their accounts sent to collections before they were even able to graduate. 3. 1681 et seq.) Credit rehabilitation for distressed private education loan borrowers. ``(a) In General.--A consumer reporting agency may not furnish any consumer report containing any adverse item of information relating to a delinquent or defaulted private education loan of a borrower if the borrower has rehabilitated the borrower's credit with respect to such loan by making 9 on-time monthly payments (in accordance with the terms and conditions of the borrower's original loan agreement or any other repayment agreement that antedates the original agreement) during a period of 10 consecutive months on such loan after the date on which the delinquency or default occurred. ``(b) Interruption of 10-Month Period for Certain Consumers.-- ``(1) Permissible interruption of the 10-month period.--A borrower may stop making consecutive monthly payments and be granted a grace period after which the 10-month period described in subsection (a) shall resume. Such grace period shall be provided under the following circumstances: ``(A) With respect to a borrower who is a member of the Armed Forces entitled to incentive pay for the performance of hazardous duty under section 301 of title 37, United States Code, hazardous duty pay under section 351 of such title, or other assignment or special duty pay under section 352 of such title, the grace period shall begin on the date on which the borrower begins such assignment or duty and end on the date that is 6 months after the completion of such assignment or duty. ``(B) With respect to a borrower who resides in an area affected by a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the grace period shall begin on the date on which the major disaster or emergency was declared and end on the date that is 3 months after such date. ``(B) Borrower demonstrating hardship defined.--In this paragraph, the term `borrower demonstrating hardship' means a borrower or a class of borrowers who, as determined by the Bureau, is facing or has experienced unusual extenuating life circumstances or events that result in severe financial or personal barriers such that the borrower or class of borrowers does not have the capacity to comply with the requirements of subsection (a). ``(c) Procedures.--The Bureau shall establish procedures to implement the credit rehabilitation described in this section, including-- ``(1) the manner, content, and form for requesting credit rehabilitation; ``(2) the method for validating that the borrower is satisfying the requirements of subsection (a); ``(3) the manner, content, and form for notifying the private educational loan holder of-- ``(A) the borrower's participation in credit rehabilitation under subsection (a); ``(B) the requirements described in subsection (d); and ``(C) the restrictions described in subsection (f); ``(4) the manner, content, and form for notifying a consumer reporting agency of-- ``(A) the borrower's participation in credit rehabilitation under subsection (a); and ``(B) the requirements described in subsection (d); ``(5) the method for verifying whether a borrower qualifies for the grace period described in subsection (b); and ``(6) the manner, content, and form of notifying a consumer reporting agency and private educational loan holder that a borrower was granted a grace period. ``(e) Elimination of Barriers to Credit Rehabilitation.--A consumer report in which a private educational loan holder furnishes the standardized reporting codes described in subsection (d) to a consumer reporting agency, or in which a consumer reporting agency includes such codes, shall be deemed to comply with the requirements for accuracy and completeness under sections 623(a)(1) and 630. ``(g) Impact on Statute of Limitations for Prior Debt.--Payments by a borrower on a private education loan that are made during and after a period of rehabilitation under this section shall have no effect on the statute of limitations with respect to payments that were due on such private education loan before the beginning of the period of rehabilitation. ``(h) Payment Plans.--If a private educational loan holder enters into a payment plan with a borrower on a private education loan during a period of rehabilitation, such payment plan shall be reasonable and affordable, as determined by the Bureau. App. 1681s-2(a)(1)) is amended by striking subparagraph (E). (c) Table of Contents Amendment.--The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: ``605C. 4. PRIVATE EDUCATION LOAN DEFINITIONS. Section 603 of the Fair Credit Reporting Act (15 U.S.C. SEC. 5. RULEMAKING. Except as otherwise provided, the Bureau of Consumer Financial Protection shall, not later than the end of the 2-year period beginning on the date of the enactment of this Act, issue final rules to implement the amendments made by this Act.

H.R.6764

Crime and Law Enforcement

Preventing Violence Against Female Inmates Act of 2022 This bill establishes a framework to prohibit correctional institutions at the federal and state levels from using gender identity to house inmates of one biological sex with inmates of the other biological sex.

To secure the dignity and safety of incarcerated women. 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 ``Preventing Violence Against Female Inmates Act of 2022''. SEC. 2. HOUSING PRISONERS BASED ON SEX. (a) Federal Prisons.-- (1) In general.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4051. Bar on housing together prisoners of different sexes ``(a) Definitions.--In this section: ``(1) Biological sex.--The term `biological sex' means the biological classification of male and female in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to a person's psychological, chosen, or subjectively experienced sense of identity or gender. ``(2) Gender identity.--The term `gender identity' means a person's self-perceived identity, self-concept, or asserted gender, regardless of the person's biological sex. ``(b) Bar.--The Bureau of Prisons-- ``(1) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and ``(2) shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex, unless the Bureau of Prisons co-locates such persons without regard to their purported gender identity.''. (2) Technical and conforming amendment.--The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``4051. Bar on housing together prisoners of different sexes.''. (b) State Prisons.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end the following: ``(h) Bar on Housing Together Prisoners of Different Sexes.-- ``(1) Definitions.--In this subsection, the terms `biological sex' and `gender identity' have the meanings given such terms in section 4051 of title 18, United States Code. ``(2) Limitation on eligibility for funds.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State-- ``(A) prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex, unless the State co-locates such persons without regard to their purported gender identity; and ``(B) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons.''. <all>

Preventing Violence Against Female Inmates Act of 2022

To secure the dignity and safety of incarcerated women.

Preventing Violence Against Female Inmates Act of 2022

Rep. Crawford, Eric A. "Rick"

R

AR

This bill establishes a framework to prohibit correctional institutions at the federal and state levels from using gender identity to house inmates of one biological sex with inmates of the other biological sex.

To secure the dignity and safety of incarcerated women. 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 ``Preventing Violence Against Female Inmates Act of 2022''. SEC. 2. HOUSING PRISONERS BASED ON SEX. (a) Federal Prisons.-- (1) In general.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4051. Bar on housing together prisoners of different sexes ``(a) Definitions.--In this section: ``(1) Biological sex.--The term `biological sex' means the biological classification of male and female in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to a person's psychological, chosen, or subjectively experienced sense of identity or gender. ``(2) Gender identity.--The term `gender identity' means a person's self-perceived identity, self-concept, or asserted gender, regardless of the person's biological sex. ``(b) Bar.--The Bureau of Prisons-- ``(1) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and ``(2) shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex, unless the Bureau of Prisons co-locates such persons without regard to their purported gender identity.''. (2) Technical and conforming amendment.--The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``4051. Bar on housing together prisoners of different sexes.''. (b) State Prisons.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end the following: ``(h) Bar on Housing Together Prisoners of Different Sexes.-- ``(1) Definitions.--In this subsection, the terms `biological sex' and `gender identity' have the meanings given such terms in section 4051 of title 18, United States Code. ``(2) Limitation on eligibility for funds.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State-- ``(A) prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex, unless the State co-locates such persons without regard to their purported gender identity; and ``(B) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons.''. <all>

To secure the dignity and safety of incarcerated women. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. This Act may be cited as the ``Preventing Violence Against Female Inmates Act of 2022''. HOUSING PRISONERS BASED ON SEX. (a) Federal Prisons.-- (1) In general.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4051. ``(2) Gender identity.--The term `gender identity' means a person's self-perceived identity, self-concept, or asserted gender, regardless of the person's biological sex. ``(b) Bar.--The Bureau of Prisons-- ``(1) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and ``(2) shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex, unless the Bureau of Prisons co-locates such persons without regard to their purported gender identity.''. Bar on housing together prisoners of different sexes.''. (b) State Prisons.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. ``(2) Limitation on eligibility for funds.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State-- ``(A) prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex, unless the State co-locates such persons without regard to their purported gender identity; and ``(B) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons.''.

To secure the dignity and safety of incarcerated women. 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 ``Preventing Violence Against Female Inmates Act of 2022''. SEC. 2. HOUSING PRISONERS BASED ON SEX. (a) Federal Prisons.-- (1) In general.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4051. Bar on housing together prisoners of different sexes ``(a) Definitions.--In this section: ``(1) Biological sex.--The term `biological sex' means the biological classification of male and female in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to a person's psychological, chosen, or subjectively experienced sense of identity or gender. ``(2) Gender identity.--The term `gender identity' means a person's self-perceived identity, self-concept, or asserted gender, regardless of the person's biological sex. ``(b) Bar.--The Bureau of Prisons-- ``(1) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and ``(2) shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex, unless the Bureau of Prisons co-locates such persons without regard to their purported gender identity.''. (2) Technical and conforming amendment.--The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``4051. Bar on housing together prisoners of different sexes.''. (b) State Prisons.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end the following: ``(h) Bar on Housing Together Prisoners of Different Sexes.-- ``(1) Definitions.--In this subsection, the terms `biological sex' and `gender identity' have the meanings given such terms in section 4051 of title 18, United States Code. ``(2) Limitation on eligibility for funds.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State-- ``(A) prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex, unless the State co-locates such persons without regard to their purported gender identity; and ``(B) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons.''. <all>

To secure the dignity and safety of incarcerated women. 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 ``Preventing Violence Against Female Inmates Act of 2022''. SEC. 2. HOUSING PRISONERS BASED ON SEX. (a) Federal Prisons.-- (1) In general.--Chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4051. Bar on housing together prisoners of different sexes ``(a) Definitions.--In this section: ``(1) Biological sex.--The term `biological sex' means the biological classification of male and female in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to a person's psychological, chosen, or subjectively experienced sense of identity or gender. ``(2) Gender identity.--The term `gender identity' means a person's self-perceived identity, self-concept, or asserted gender, regardless of the person's biological sex. ``(b) Bar.--The Bureau of Prisons-- ``(1) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and ``(2) shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex, unless the Bureau of Prisons co-locates such persons without regard to their purported gender identity.''. (2) Technical and conforming amendment.--The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: ``4051. Bar on housing together prisoners of different sexes.''. (b) State Prisons.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end the following: ``(h) Bar on Housing Together Prisoners of Different Sexes.-- ``(1) Definitions.--In this subsection, the terms `biological sex' and `gender identity' have the meanings given such terms in section 4051 of title 18, United States Code. ``(2) Limitation on eligibility for funds.--Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State-- ``(A) prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex, unless the State co-locates such persons without regard to their purported gender identity; and ``(B) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons.''. <all>