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S.1068

Labor and Employment

Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2021 This bill requires the Department of Labor to promulgate an occupational safety or health standard on prevention of exposure to excessive heat. Excessive heat includes outdoor or indoor exposure to heat at levels that exceed the capacities of the body to maintain normal body functions and may cause heat-related injury, illness, or fatality. In addition, the bill establishes requirements concerning (1) training and education to prevent and respond to heat illness, and (2) whistle-blower protections.

To direct the Occupational Safety and Health Administration to issue an occupational safety and health standard to protect workers from heat- related injuries and illnesses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND FINDINGS. (a) Short Title.--This Act may be cited as the ``Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2021''. (b) Findings.--Congress finds the following: (1) Excessive heat exposure poses a direct threat to workers and the economy. Climate change increases this danger, as 19 of the 20 hottest years on record have occurred since 2001. Rising temperatures are projected to cause an increase in heat-related workplace injuries and illnesses, a dramatic loss in labor capacity, and decreased productivity. (2) On average, 3 times as many people die from extreme heat in the United States each year than from hurricanes, floods, and tornadoes combined. (3) Heat-related illnesses can arise when high temperatures rise above the capacity of the body to dispel heat. Impacts range from comparatively minor problems such as heat cramps to severe afflictions such as organ damage, heat exhaustion, stroke, and death. (4) Heat stress and COVID-19 are individually dangerous to workers and can interact, making some work environments especially hazardous. Respiratory infections, such as COVID-19, and the use of protective equipment, like face and skin coverings, can increase susceptibility to heat exhaustion and heat stroke. Moreover, the symptoms of heat stress and respiratory illnesses may overlap in ways that exacerbate the diagnosis and pathophysiology related to these potentially fatal conditions. (5) The current scientific evidence, rate of vaccine production and distribution, racial and socioeconomic inequities in vaccine access, mistrust of science messengers, and levels of international and national preparedness, indicate it will take months to years to achieve herd immunity from COVID-19. Moreover, only long-term study will reveal if vaccines sufficiently protect communities from all strains of this coronavirus. Accordingly, workplaces must continue to guard against COVID-19 and other communicable illnesses well into the future, especially in high-density workplaces that expose employees to stressors that include unhealthy levels of heat. (6) Jobs at highest risk of heat stress illness and death are disproportionately held by Black and Brown workers, a disparity that reflects the racial injustice inherent in our economic system. (7) Farmworkers and construction workers suffer the highest incidence of heat illness, but all outdoor and indoor workers employed in excessively hot and humid environments are at significant risk of material impairment of health or functional capacity. (8) Asuncion Valdivia was a California farmworker who died of heat stroke in 2004 after picking grapes for 10 straight hours in 105 degree temperatures. Instead of calling an ambulance, his employer told his son to drive Mr. Valdivia home. On his way home, he started foaming at the mouth and died. (9) While heat stress is often associated with outdoor jobs, some indoor workers are also at risk from dangerously high temperatures. Indoor heat stress is prevalent in enclosed workplaces without climate control or adequate ventilation, such as warehouses and factories, and workplaces with heat- generating machinery such as steel mills, electrical utilities, bakeries, commercial kitchens, and laundries. (10) People working in excessive heat suffer diminished mental acuity and physical ability, which increases the risk of accidents. Heat-related injuries and illnesses increase workers' compensation costs and medical expenses. (11) The costs of lower labor productivity under rising temperatures is estimated to reach up to $160,000,000,000 in lost wages per year in the United States by 2090 according to the 2018 National Climate Assessment. The drop in productivity decreases income for employers and workers. Global gross domestic product losses from heat are projected to be greater than 20 percent by the end of this century. (12) Every year, thousands of workers become sick and some die from exposure to heat. Between 1992 and 2017, 815 United States workers died from heat and almost 70,000 were seriously injured. These numbers are generally understood to be gross undercounts because many heat-related illnesses and deaths are blamed on natural causes. (13) Workers have a legal right to a safe workplace. The vast majority of heat-related workplace deaths and illnesses can be prevented by access to water, rest, and shade. Many employers don't provide these simple measures for workers according to the Occupational Safety and Health Administration. (14) Employers often retaliate against employees if they report or seek assistance due to problems with heat. Many employees are therefore afraid to report problems and face increased risk of heat-related illnesses or death. (15) In the absence of a Federal standard, multiple branches of the United States Armed Forces--including the Army, Navy, Marine Corps, and Air Force--have issued heat prevention guidelines, and several States--California, Washington, and Minnesota--have issued heat prevention standards. The National Institute for Occupational Safety and Health (``NIOSH'') issued criteria for such a standard in 1972, updating it in 1986 and 2016. (16) Congress created the Occupational Safety and Health Administration to ensure safe and healthful working conditions by setting and enforcing standards pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655). Employees are exposed to grave danger from exposure to excessive heat. The Occupational Safety and Health Administration must develop a standard to protect workers from the significant risks of heat-related illness and death. SEC. 2. OSHA SAFETY STANDARD FOR EXPOSURE TO HEAT AND HOT ENVIRONMENTS. (a) Proposed Standard.--Not later than 2 years after the date of enactment of this Act, the Secretary shall, pursuant to section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)), promulgate a proposed standard on prevention of occupational exposure to excessive heat. (b) Final Standard.--Not later than 42 months after the date of enactment of this Act, the Secretary shall promulgate a final standard on prevention of occupational exposure to excessive heat that shall-- (1) provide no less protection than the most protective heat prevention standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667) and, at a minimum, include the requirements described in section 3; and (2) be effective and enforceable in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). (c) Interim Final Standard.-- (1) In general.--If the proposed standard described in subsection (a) is not promulgated within 2 years after the date of enactment of this Act, the Secretary shall promulgate an interim final standard on prevention of occupational exposure to excessive heat not later than 2 years and 60 days after such date of enactment-- (A) to require covered employers to develop and implement a comprehensive workplace excessive heat prevention plan to protect covered employees from excessive heat that may lead to heat-related injuries and illnesses; and (B) that shall, at a minimum-- (i) provide no less protection than the most protective heat prevention standard adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667); (ii) establish requirements for covered employers with respect to-- (I) exposure limits that trigger action to protect covered employees from heat-related illness; (II) hydration; (III) scheduled and paid rest breaks in shaded or climate-controlled spaces; (IV) an acclimatization plan; (V) exposure monitoring, and other measures to prevent exposure to heat above safe limits; (VI) covered employee and supervisor training; (VII) hazard notification; (VIII) an emergency medical response plan; (IX) heat-related surveillance recordkeeping; and (X) procedures for compensating covered employees paid on a piece rate basis for required heat-related rest breaks; (iii) take into consideration the Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments published by the National Institute for Occupational Safety and Health in 2016; and (iv) include a requirement to protect covered employees of covered employers from discrimination or retaliation for exercising the rights of covered employees under the interim final standard. (2) Applicability of other statutory requirements.--The following shall not apply to the promulgation of the interim final standard under this subsection: (A) The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). (B) The requirements of section 553(c) of chapter 5 and chapter 6 of title 5, United States Code. (C) The requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) Effective date of interim standard.--The interim final standard shall-- (A) take effect on a date that is not later than 30 days after the promulgation of such standard, except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date; (B) be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)); and (C) be in effect until the final standard described in subsection (b) becomes effective and enforceable. SEC. 3. REQUIREMENTS FOR FINAL STANDARD ON PREVENTION OF OCCUPATIONAL EXPOSURE TO EXCESSIVE HEAT. (a) In General.--The final standard promulgated under section 2(b) shall, at a minimum-- (1) take into consideration the Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments published by the National Institute for Occupational Safety and Health in 2016; (2) establish requirements for covered employers with respect to-- (A) exposure limits that trigger action to protect covered employees from heat-related illness; (B) hydration; (C) scheduled and paid rest breaks in shaded or climate-controlled spaces; (D) an acclimatization plan; (E) exposure monitoring, and other measures to prevent exposure to heat above safe limits; (F) covered employee and supervisor training; (G) hazard notification; (H) medical monitoring; (I) an emergency medical response plan; (J) heat-related surveillance recordkeeping; (K) procedures for compensating covered employees paid on a piece rate basis for required heat-related rest breaks; and (L) a heat prevention plan; and (3) include the requirements described in subsection (b) with respect to covered employers. (b) Requirements.--The final standard promulgated under section 2(b) shall, with respect to covered employers, include the following: (1) Heat illness prevention plans.-- (A) In general.--A covered employer shall develop, implement, and maintain an effective, written excessive heat illness prevention plan for covered employees of the covered employer, which shall-- (i) for all aspects of the plan, be developed and implemented with the meaningful participation of such covered employees and, where applicable, representatives (including collective bargaining representatives) of such covered employees; (ii) be tailored and specific to hazards in the covered workplace; (iii) be in writing, in English and in the language understood by a majority of such covered employees, if such language is not English; and (iv) be made available, upon request, to such covered employees, representatives (including collective bargaining representatives) for such covered employees, and the Secretary. (B) Plan content.--Each plan required under subparagraph (A) shall include procedures and methods for the following: (i) Initial and regular monitoring of covered employee exposure to determine whether covered employees are exposed to excessive heat. (ii) Provision of water, paid rest breaks, and access to shade or cool-down areas. (iii) Emergency response. (iv) Acclimatization. (v) Hazard prevention applying principles of the industrial hygiene hierarchy of controls of the National Institute for Occupational Safety and Health, including, as appropriate-- (I) engineering controls that may include isolation of hot processes, isolation of covered employees from sources of heat, local exhaust ventilation, shielding from a radiant heat source, insulation of hot surfaces, and the provision of air conditioning, cooling fans (including cooling mist fans), evaporative coolers, and natural ventilation; (II) administrative controls that limit exposure to a hazard by adjustment of work procedures or work schedules, which may include acclimatizing covered employees, rotating covered employees, scheduling work earlier or later in the day, using work-rest schedules, reducing work intensity or speed, changing required work clothing, and using relief workers; and (III) personal protective equipment which may include water-cooled garments, air-cooled garments, reflective clothing, and cooling vests. (vi) Coordination of risk assessment efforts, plan development, and implementation of the plan with other employers who have covered employees who work at the covered workplace. (vii) Compensating covered employees paid on a piece rate basis for required heat-related rest breaks. (2) Training and education.-- (A) Employee training.--A covered employer shall provide annual training and education to covered employees who may be exposed to high heat levels, which shall cover the following topics: (i) Identified heat illness risk factors. (ii) Personal factors that may increase susceptibility to heat-related illness. (iii) Signs and symptoms of heat-related illness. (iv) Different types of heat illness. (v) The importance of acclimatization and consumption of liquids. (vi) Engineering control measures. (vii) Administrative control measures. (viii) The importance of reporting heat- related symptoms being experienced by the covered employee or another covered employee. (ix) Recordkeeping requirements and reporting procedures. (x) Emergency response procedures. (xi) Covered employee rights. (B) Supervisor training.--In addition to the training and education required in subparagraph (A), training and education shall be provided annually to covered employees of the covered employer who are supervisors that shall cover the following topics: (i) The procedures a supervisor is required to follow under this Act. (ii) How to recognize high-risk situations, including how to monitor weather reports and weather advisories, and not assigning a covered employee to situations that predictably compromise the safety of the covered employee. (iii) The procedures to follow when a covered employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures. (C) General training requirements.--The education and training provided under this paragraph to covered employees of the covered employer shall meet the following: (i) In the case of such a covered employee whose job circumstances have changed, within a reasonable timeframe after such change of job circumstances, education and training shall be provided that shall be-- (I) in addition to the education and training provided under clause (ii), subparagraph (A), and, if applicable to such covered employee, subparagraph (B); and (II) applicable to such change of job circumstances. (ii) Applicable education and training shall be provided for each new covered employee prior to the job assignment of such covered employee. (iii) The education and training shall provide such covered employees opportunities to ask questions, give feedback, and request additional instruction, clarification, or other follow-up. (iv) The education and training shall be provided in-person and by an individual with knowledge of heat illness prevention and of the plan of the covered employer under this section. (v) The education and training shall be appropriate in content and vocabulary to the language, educational level, and literacy of such covered employees. (3) Recordkeeping.--Each covered employer shall-- (A) maintain at all times-- (i) records related to each plan of the covered employer under paragraph (1), including heat illness risk and hazard assessments, and identification, evaluation, correction, and training procedures; (ii) data on all heat-related illnesses and deaths; and (iii) data on environmental and physiological measurements related to heat; and (B) make such records and data available, upon request, to covered employees and their representatives (including collective bargaining representatives) for examination and copying in accordance with section 1910.1020 of title 29, Code of Federal Regulations (as such section is in effect on the date of enactment of this Act). (4) Whistleblower protections.-- (A) Policy.--Each covered employer shall adopt a policy prohibiting any person (including an agent of the covered employer) from discriminating or retaliating against any covered employee for-- (i) exercising the rights of the covered employee under this Act; or (ii) reporting violations of the standard to a Federal, State, or local government. (B) Prohibition.--No covered employer shall discriminate or retaliate against any covered employee for-- (i) reporting a heat-illness-related concern to, or seeking assistance or intervention with respect to heat-related health symptoms from, the covered employer, local emergency services, or a Federal, State, or local government; or (ii) exercising any other rights of the covered employee under this Act. (C) Enforcement.--This paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). SEC. 4. DEFINITIONS. In this Act: (1) Covered employee.--The term ``covered employee'' includes an individual employed by a covered employer. (2) Covered employer.--The term ``covered employer''-- (A) means an employer that employs an individual to work at a covered workplace; and (B) includes a contractor, subcontractor, a temporary service firm, or an employee leasing entity. (3) Covered workplace.--The term ``covered workplace'' includes a workplace with occupational exposure to excessive heat. (4) Employer.--The term ``employer'' has the meaning given the term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652). (5) Excessive heat.--The term ``excessive heat'' includes outdoor or indoor exposure to heat at levels that exceed the capacities of the body to maintain normal body functions and may cause heat-related injury, illness, or fatality (including heat stroke, heat exhaustion, heat syncope, heat cramps, or heat rashes). (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. <all>

Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2021

A bill to direct the Occupational Safety and Health Administration to issue an occupational safety and health standard to protect workers from heat-related injuries and illnesses.

Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2021

Sen. Brown, Sherrod

D

OH

This bill requires the Department of Labor to promulgate an occupational safety or health standard on prevention of exposure to excessive heat. Excessive heat includes outdoor or indoor exposure to heat at levels that exceed the capacities of the body to maintain normal body functions and may cause heat-related injury, illness, or fatality. In addition, the bill establishes requirements concerning (1) training and education to prevent and respond to heat illness, and (2) whistle-blower protections.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND FINDINGS. Climate change increases this danger, as 19 of the 20 hottest years on record have occurred since 2001. Moreover, only long-term study will reveal if vaccines sufficiently protect communities from all strains of this coronavirus. On his way home, he started foaming at the mouth and died. (9) While heat stress is often associated with outdoor jobs, some indoor workers are also at risk from dangerously high temperatures. (13) Workers have a legal right to a safe workplace. Many employees are therefore afraid to report problems and face increased risk of heat-related illnesses or death. 2. 655(b)); and (C) be in effect until the final standard described in subsection (b) becomes effective and enforceable. 3. REQUIREMENTS FOR FINAL STANDARD ON PREVENTION OF OCCUPATIONAL EXPOSURE TO EXCESSIVE HEAT. (ii) Provision of water, paid rest breaks, and access to shade or cool-down areas. (iv) Acclimatization. (v) Hazard prevention applying principles of the industrial hygiene hierarchy of controls of the National Institute for Occupational Safety and Health, including, as appropriate-- (I) engineering controls that may include isolation of hot processes, isolation of covered employees from sources of heat, local exhaust ventilation, shielding from a radiant heat source, insulation of hot surfaces, and the provision of air conditioning, cooling fans (including cooling mist fans), evaporative coolers, and natural ventilation; (II) administrative controls that limit exposure to a hazard by adjustment of work procedures or work schedules, which may include acclimatizing covered employees, rotating covered employees, scheduling work earlier or later in the day, using work-rest schedules, reducing work intensity or speed, changing required work clothing, and using relief workers; and (III) personal protective equipment which may include water-cooled garments, air-cooled garments, reflective clothing, and cooling vests. (vi) Coordination of risk assessment efforts, plan development, and implementation of the plan with other employers who have covered employees who work at the covered workplace. (iii) Signs and symptoms of heat-related illness. (vi) Engineering control measures. (ix) Recordkeeping requirements and reporting procedures. (x) Emergency response procedures. (B) Supervisor training.--In addition to the training and education required in subparagraph (A), training and education shall be provided annually to covered employees of the covered employer who are supervisors that shall cover the following topics: (i) The procedures a supervisor is required to follow under this Act. (C) Enforcement.--This paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). SEC. 4. In this Act: (1) Covered employee.--The term ``covered employee'' includes an individual employed by a covered employer. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND FINDINGS. Climate change increases this danger, as 19 of the 20 hottest years on record have occurred since 2001. (9) While heat stress is often associated with outdoor jobs, some indoor workers are also at risk from dangerously high temperatures. (13) Workers have a legal right to a safe workplace. 2. 3. REQUIREMENTS FOR FINAL STANDARD ON PREVENTION OF OCCUPATIONAL EXPOSURE TO EXCESSIVE HEAT. (ii) Provision of water, paid rest breaks, and access to shade or cool-down areas. (iv) Acclimatization. (vi) Coordination of risk assessment efforts, plan development, and implementation of the plan with other employers who have covered employees who work at the covered workplace. (iii) Signs and symptoms of heat-related illness. (vi) Engineering control measures. (x) Emergency response procedures. (B) Supervisor training.--In addition to the training and education required in subparagraph (A), training and education shall be provided annually to covered employees of the covered employer who are supervisors that shall cover the following topics: (i) The procedures a supervisor is required to follow under this Act. (C) Enforcement.--This paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). SEC. 4. In this Act: (1) Covered employee.--The term ``covered employee'' includes an individual employed by a covered employer. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND FINDINGS. Climate change increases this danger, as 19 of the 20 hottest years on record have occurred since 2001. Rising temperatures are projected to cause an increase in heat-related workplace injuries and illnesses, a dramatic loss in labor capacity, and decreased productivity. (5) The current scientific evidence, rate of vaccine production and distribution, racial and socioeconomic inequities in vaccine access, mistrust of science messengers, and levels of international and national preparedness, indicate it will take months to years to achieve herd immunity from COVID-19. Moreover, only long-term study will reveal if vaccines sufficiently protect communities from all strains of this coronavirus. (8) Asuncion Valdivia was a California farmworker who died of heat stroke in 2004 after picking grapes for 10 straight hours in 105 degree temperatures. On his way home, he started foaming at the mouth and died. (9) While heat stress is often associated with outdoor jobs, some indoor workers are also at risk from dangerously high temperatures. (11) The costs of lower labor productivity under rising temperatures is estimated to reach up to $160,000,000,000 in lost wages per year in the United States by 2090 according to the 2018 National Climate Assessment. (13) Workers have a legal right to a safe workplace. Many employers don't provide these simple measures for workers according to the Occupational Safety and Health Administration. Many employees are therefore afraid to report problems and face increased risk of heat-related illnesses or death. The National Institute for Occupational Safety and Health (``NIOSH'') issued criteria for such a standard in 1972, updating it in 1986 and 2016. 2. 4321 et seq.). (3) Effective date of interim standard.--The interim final standard shall-- (A) take effect on a date that is not later than 30 days after the promulgation of such standard, except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date; (B) be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)); and (C) be in effect until the final standard described in subsection (b) becomes effective and enforceable. 3. REQUIREMENTS FOR FINAL STANDARD ON PREVENTION OF OCCUPATIONAL EXPOSURE TO EXCESSIVE HEAT. (ii) Provision of water, paid rest breaks, and access to shade or cool-down areas. (iv) Acclimatization. (v) Hazard prevention applying principles of the industrial hygiene hierarchy of controls of the National Institute for Occupational Safety and Health, including, as appropriate-- (I) engineering controls that may include isolation of hot processes, isolation of covered employees from sources of heat, local exhaust ventilation, shielding from a radiant heat source, insulation of hot surfaces, and the provision of air conditioning, cooling fans (including cooling mist fans), evaporative coolers, and natural ventilation; (II) administrative controls that limit exposure to a hazard by adjustment of work procedures or work schedules, which may include acclimatizing covered employees, rotating covered employees, scheduling work earlier or later in the day, using work-rest schedules, reducing work intensity or speed, changing required work clothing, and using relief workers; and (III) personal protective equipment which may include water-cooled garments, air-cooled garments, reflective clothing, and cooling vests. (vi) Coordination of risk assessment efforts, plan development, and implementation of the plan with other employers who have covered employees who work at the covered workplace. (iii) Signs and symptoms of heat-related illness. (vi) Engineering control measures. (ix) Recordkeeping requirements and reporting procedures. (x) Emergency response procedures. (B) Supervisor training.--In addition to the training and education required in subparagraph (A), training and education shall be provided annually to covered employees of the covered employer who are supervisors that shall cover the following topics: (i) The procedures a supervisor is required to follow under this Act. (C) Enforcement.--This paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). SEC. 4. DEFINITIONS. In this Act: (1) Covered employee.--The term ``covered employee'' includes an individual employed by a covered employer. 652). (6) Secretary.--The term ``Secretary'' means the Secretary of Labor.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND FINDINGS. Climate change increases this danger, as 19 of the 20 hottest years on record have occurred since 2001. Rising temperatures are projected to cause an increase in heat-related workplace injuries and illnesses, a dramatic loss in labor capacity, and decreased productivity. Impacts range from comparatively minor problems such as heat cramps to severe afflictions such as organ damage, heat exhaustion, stroke, and death. (4) Heat stress and COVID-19 are individually dangerous to workers and can interact, making some work environments especially hazardous. (5) The current scientific evidence, rate of vaccine production and distribution, racial and socioeconomic inequities in vaccine access, mistrust of science messengers, and levels of international and national preparedness, indicate it will take months to years to achieve herd immunity from COVID-19. Moreover, only long-term study will reveal if vaccines sufficiently protect communities from all strains of this coronavirus. (8) Asuncion Valdivia was a California farmworker who died of heat stroke in 2004 after picking grapes for 10 straight hours in 105 degree temperatures. On his way home, he started foaming at the mouth and died. (9) While heat stress is often associated with outdoor jobs, some indoor workers are also at risk from dangerously high temperatures. (10) People working in excessive heat suffer diminished mental acuity and physical ability, which increases the risk of accidents. (11) The costs of lower labor productivity under rising temperatures is estimated to reach up to $160,000,000,000 in lost wages per year in the United States by 2090 according to the 2018 National Climate Assessment. (13) Workers have a legal right to a safe workplace. Many employers don't provide these simple measures for workers according to the Occupational Safety and Health Administration. Many employees are therefore afraid to report problems and face increased risk of heat-related illnesses or death. The National Institute for Occupational Safety and Health (``NIOSH'') issued criteria for such a standard in 1972, updating it in 1986 and 2016. 2. 4321 et seq.). (3) Effective date of interim standard.--The interim final standard shall-- (A) take effect on a date that is not later than 30 days after the promulgation of such standard, except that such interim final standard may include a reasonable phase-in period for the implementation of required engineering controls that take effect after such date; (B) be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)); and (C) be in effect until the final standard described in subsection (b) becomes effective and enforceable. 3. REQUIREMENTS FOR FINAL STANDARD ON PREVENTION OF OCCUPATIONAL EXPOSURE TO EXCESSIVE HEAT. (ii) Provision of water, paid rest breaks, and access to shade or cool-down areas. (iv) Acclimatization. (v) Hazard prevention applying principles of the industrial hygiene hierarchy of controls of the National Institute for Occupational Safety and Health, including, as appropriate-- (I) engineering controls that may include isolation of hot processes, isolation of covered employees from sources of heat, local exhaust ventilation, shielding from a radiant heat source, insulation of hot surfaces, and the provision of air conditioning, cooling fans (including cooling mist fans), evaporative coolers, and natural ventilation; (II) administrative controls that limit exposure to a hazard by adjustment of work procedures or work schedules, which may include acclimatizing covered employees, rotating covered employees, scheduling work earlier or later in the day, using work-rest schedules, reducing work intensity or speed, changing required work clothing, and using relief workers; and (III) personal protective equipment which may include water-cooled garments, air-cooled garments, reflective clothing, and cooling vests. (vi) Coordination of risk assessment efforts, plan development, and implementation of the plan with other employers who have covered employees who work at the covered workplace. (vii) Compensating covered employees paid on a piece rate basis for required heat-related rest breaks. (iii) Signs and symptoms of heat-related illness. (v) The importance of acclimatization and consumption of liquids. (vi) Engineering control measures. (ix) Recordkeeping requirements and reporting procedures. (x) Emergency response procedures. (B) Supervisor training.--In addition to the training and education required in subparagraph (A), training and education shall be provided annually to covered employees of the covered employer who are supervisors that shall cover the following topics: (i) The procedures a supervisor is required to follow under this Act. (4) Whistleblower protections.-- (A) Policy.--Each covered employer shall adopt a policy prohibiting any person (including an agent of the covered employer) from discriminating or retaliating against any covered employee for-- (i) exercising the rights of the covered employee under this Act; or (ii) reporting violations of the standard to a Federal, State, or local government. (C) Enforcement.--This paragraph shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). SEC. 4. DEFINITIONS. In this Act: (1) Covered employee.--The term ``covered employee'' includes an individual employed by a covered employer. 652). (6) Secretary.--The term ``Secretary'' means the Secretary of Labor.

H.R.4390

Health

Preserving Rules Ordered for The Entities Covered Through 340B Act of 2021 or the PROTECT 340B Act of 2021 This bill prohibits pharmacy benefit managers (PBMs) and health insurance plans from discriminating against health providers participating in the 340B drug pricing program, including pharmacies contracted with such providers to dispense 340B drugs. The 340B program allows certain providers to receive covered outpatient drugs at reduced prices from manufacturers. Specifically, PBMs and insurance plans may not Violations of this bill are subject to a civil penalty of not more than $5,000 per violation per day. These prohibitions also apply to prescription drug (Part D) sponsors under Medicare. The bill also provides for a process to prevent duplicate 340B drug discounts to states under Medicaid.

To amend title XXVII of the Public Health Service Act to ensure the equitable treatment of covered entities and pharmacies participating in the 340B drug discount 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 ``Preserving Rules Ordered for The Entities Covered Through 340B Act of 2021'' or the ``PROTECT 340B Act of 2021''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The 340B drug pricing program is an essential part of the Nation's health care safety net. (2) 340B enables safety-net providers to stretch scarce resources further to offer services and treat patients through the savings these providers receive under the program. (3) 340B savings support hospitals, clinics, and health centers' care for patients who have low incomes, including those with low incomes enrolled in Medicare and Medicaid. (4) 340B savings are critically important to rural hospitals that operate on very slim margins and serve patients in isolated areas with limited access to health care. (5) 340B supports care for those in need without using taxpayer dollars. (6) Some commercial payers and pharmacy benefit managers are paying less to 340B covered entities and their contract pharmacies for 340B drugs, requiring identification of 340B drug claims or otherwise discriminating against 340B covered entities and their contract pharmacies on the basis of their status as providers or pharmacies that dispense 340B drugs. (7) These types of discriminatory actions undermine the purpose of the 340B program and harm the patients served by 340B covered entities. Commercial payers and pharmacy benefit managers' imposition of requirements on a 340B pharmacy because it is a pharmacy that dispenses 340B drugs, or requirements with respect to the use of and billing for drugs purchased under 340B because they are 340B drugs is inconsistent with public policy because of the deleterious effects on the nation's health care safety net. (b) Purposes.--The purposes of this Act are the following: (1) To prohibit discriminatory actions, including several specified actions, by a pharmacy benefit manager, a group health plan, a health insurance issuer offering group or individual health insurance, or a sponsor of a Medicare part D prescription drug plan against 340B covered entities and their pharmacies and requiring them to be treated as any other provider or pharmacy. (2) To provide for the imposition of civil monetary penalties on pharmacy benefit managers that violate the new protections and require the Health Services and Resources Administration to promulgate implementing regulations. (3) To authorize the Secretary to contract with a third- party entity to collect and review data from State Medicaid agencies and covered entities to prevent Medicaid duplicate discounts. SEC. 3. ENSURING THE EQUITABLE TREATMENT OF COVERED ENTITIES AND PHARMACIES PARTICIPATING IN THE 340B DRUG DISCOUNT PROGRAM. (a) Group Health Plan and Health Insurance Issuer Requirements.-- Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following new section: ``SEC. 2730. REQUIREMENTS RELATING TO THE 340B DRUG DISCOUNT PROGRAM. ``(a) In General.--A group health plan, a health insurance issuer offering group or individual health insurance coverage, or a pharmacy benefit manager may not discriminate against a covered entity (as defined in subsection (d)(1)) or a specified pharmacy (as defined in subsection (d)(2)) by imposing requirements, exclusions, reimbursement terms, or other conditions on such entity or pharmacy that differ from those applied to entities or pharmacies that are not covered entities or specified pharmacies on the basis that the entity or pharmacy is a covered entity or specified pharmacy or that the entity or pharmacy dispenses 340B drugs, including by taking any action prohibited under subsection (b). ``(b) Specified Prohibited Actions.--A group health plan, a health insurance issuer offering group or individual health insurance coverage, or a pharmacy benefit manager may not discriminate against a covered entity or a specified pharmacy by doing any of the following: ``(1) Reimbursing a covered entity or specified pharmacy for a quantity of a 340B drug (as defined in subsection (d)) in an amount less than such plan, issuer, or manager (as applicable) would pay to any other similarly situated (as specified by the Secretary) entity or pharmacy that is not a covered entity or a specified pharmacy for such quantity of such drug on the basis that the entity or pharmacy is a covered entity or specified pharmacy or that the entity or pharmacy dispenses 340B drugs. ``(2) Imposing any terms or conditions on covered entities or specified pharmacies with respect to any of the following that differ from such terms or conditions applied to other similarly situated entities or pharmacies that are not covered entities or specified pharmacies on the basis that the entity or pharmacy is a covered entity or specified pharmacy or that the entity or pharmacy dispenses 340B drugs: ``(A) Fees, chargebacks, clawbacks, adjustments, or other assessments. ``(B) Professional dispensing fees. ``(C) Restrictions or requirements regarding participation in standard or preferred pharmacy networks. ``(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles. ``(E) Any other restrictions, conditions, practices, or policies that, as specified by the Administrator of the Health Resources and Services Administration, interfere with the ability of a covered entity to maximize the value of discounts provided under section 340B. ``(3) Interfering with an individual's choice to receive a 340B drug from a covered entity or specified pharmacy, whether in person or via direct delivery, mail, or other form of shipment. ``(4) Requiring a covered entity or specified pharmacy to identify, either directly or through a third party, 340B drugs. ``(5) Refusing to contract with a covered entity or specified pharmacy for reasons other than those that apply equally to entities or pharmacies that are not covered entities or specified pharmacies, or on the basis that-- ``(A) the entity or pharmacy is a covered entity or a specified pharmacy; or ``(B) the entity or pharmacy is described in any of subparagraphs (A) through (O) of section 340B(a)(4). ``(c) Enforcement Mechanism for Pharmacy Benefit Managers.--The Secretary shall impose a civil monetary penalty on any pharmacy benefit manager that violates the requirements of this section. Such penalty shall not exceed $5,000 per violation per day. The Secretary shall issue proposed regulations to implement this subsection not later than 60 days after the date of the enactment of this subsection and shall finalize such regulations not later than 180 days after such date of enactment. ``(d) Definitions.--For purposes of this section: ``(1) Covered entity.--The term `covered entity' has the meaning given such term in section 340B(a)(4). ``(2) Specified pharmacy.--The term `specified pharmacy' means a pharmacy with which a covered entity has contracted to dispense 340B drugs on behalf of the covered entity whether distributed in person or via mail. ``(3) 340B drug.--The term `340B drug' means a drug that is-- ``(A) a covered outpatient drug (as defined for purposes of section 340B); and ``(B) purchased under an agreement in effect under such section.''. (b) Application of Requirements to Medicare.-- (1) Part d.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Application of requirements relating to the 340b drug discount program.--Each contract entered into under this subsection with a PDP sponsor shall provide that the requirements of section 2730 of the Public Health Service Act apply to such sponsor, and to any pharmacy benefit manager that contracts with such sponsor, in the same manner as such requirements apply with respect to a group health plan, a health insurance issuer, or a pharmacy benefit manager described in such section.''. (2) Part c.--Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w-27(f)(3)) is amended by adding at the end the following new subparagraph: ``(E) 340B drug discount program.--Section 1860D- 12(b)(8).''. (c) Medicaid Requirements.-- (1) In general.--Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended by adding at the end the following new subsection: ``(l) Review To Prevent Duplicate Discounts.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this subsection, the Secretary shall enter into a contract with a third-party entity (who shall be free of conflicts of interest, as specified by the Secretary) for purposes of-- ``(A) identifying claims for 340B drugs (as defined in section 2730(d) of the Public Health Service Act) for which reimbursement was made under a State plan (or waiver of such plan); and ``(B) ensuring such claims are not included in any State rebate request under this section in violation of section 340B(a)(5)(A) of the Public Health Service Act or section 1903(m)(2)(A)(xiii) or 1927(j)(1). ``(2) Duties of contracting entity.-- ``(A) In general.--The entity with a contract in effect under paragraph (1) shall-- ``(i) request and review, in the most efficient and least burdensome manner practicable-- ``(I) claims level data from covered entities (as defined in section 340B of the Public Health Service Act) itemizing 340B drugs dispensed to individuals enrolled under a State plan (or waiver of such plan); and ``(II) claims level rebate file data from State agencies administering such plan (or such waiver); ``(ii) request, receive, and maintain data described in either of subclauses (I) and (II) of clause (i) in a confidential manner; and ``(iii) notify the State and the Secretary of any violation described in paragraph (1)(B) to ensure that such violation is remedied. ``(B) Retrospective submission of data.--In requesting and reviewing claims level data described in subparagraph (A)(i)(I) from a covered entity, the entity with a contract in effect under paragraph (1) shall allow such covered entity the option of submitting such data on a retrospective basis.''. (2) Ensuring access to information.-- (A) Covered entity requirement.--Section 340B(a)(5) of the Public Health Service Act (42 U.S.C. 256b(a)(5)) is amended by adding at the end the following new subparagraph: ``(E) Provision of information to contracted entity for medicaid claims review.--A covered entity shall furnish to the entity with a contract in effect under section 1927(l) of the Social Security Act, upon request of such entity, the data described in paragraph (2)(A)(i) of such section.''. (B) State plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (i) in paragraph (86), by striking ``and'' at the end; (ii) in paragraph (87)(D), by striking the period and inserting ``; and''; and (iii) by inserting after paragraph (87) the following new paragraph: ``(88) provide for a mechanism to furnish to the entity with a contract in effect under section 1927(l), upon request of such entity, the data described in paragraph (2)(A)(ii) of such section and remove from any rebate request described in paragraph (1)(B) of such section any claim that is the subject of a notice submitted by such entity under paragraph (2)(C) of such section.''. (d) Prohibition on Certain Use of Funds.--No funds appropriated under any Act may be used to implement Executive Order 13937 published on July 29, 2020, or to otherwise specify or limit the amount that a covered entity (as defined in section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4))) charges patients for 340B drugs (as defined in section 2730(d) of the Public Health Service Act, as added by subsection (a)). <all>

PROTECT 340B Act of 2021

To amend title XXVII of the Public Health Service Act to ensure the equitable treatment of covered entities and pharmacies participating in the 340B drug discount program, and for other purposes.

PROTECT 340B Act of 2021 Preserving Rules Ordered for The Entities Covered Through 340B Act of 2021

Rep. McKinley, David B.

R

WV

This bill prohibits pharmacy benefit managers (PBMs) and health insurance plans from discriminating against health providers participating in the 340B drug pricing program, including pharmacies contracted with such providers to dispense 340B drugs. The 340B program allows certain providers to receive covered outpatient drugs at reduced prices from manufacturers. Specifically, PBMs and insurance plans may not Violations of this bill are subject to a civil penalty of not more than $5,000 per violation per day. These prohibitions also apply to prescription drug (Part D) sponsors under Medicare. The bill also provides for a process to prevent duplicate 340B drug discounts to states under Medicaid.

2. FINDINGS AND PURPOSE. (2) 340B enables safety-net providers to stretch scarce resources further to offer services and treat patients through the savings these providers receive under the program. (3) 340B savings support hospitals, clinics, and health centers' care for patients who have low incomes, including those with low incomes enrolled in Medicare and Medicaid. 3. (a) Group Health Plan and Health Insurance Issuer Requirements.-- Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following new section: ``SEC. 2730. REQUIREMENTS RELATING TO THE 340B DRUG DISCOUNT PROGRAM. ``(B) Professional dispensing fees. ``(3) Interfering with an individual's choice to receive a 340B drug from a covered entity or specified pharmacy, whether in person or via direct delivery, mail, or other form of shipment. ``(4) Requiring a covered entity or specified pharmacy to identify, either directly or through a third party, 340B drugs. ``(5) Refusing to contract with a covered entity or specified pharmacy for reasons other than those that apply equally to entities or pharmacies that are not covered entities or specified pharmacies, or on the basis that-- ``(A) the entity or pharmacy is a covered entity or a specified pharmacy; or ``(B) the entity or pharmacy is described in any of subparagraphs (A) through (O) of section 340B(a)(4). ``(c) Enforcement Mechanism for Pharmacy Benefit Managers.--The Secretary shall impose a civil monetary penalty on any pharmacy benefit manager that violates the requirements of this section. Such penalty shall not exceed $5,000 per violation per day. The Secretary shall issue proposed regulations to implement this subsection not later than 60 days after the date of the enactment of this subsection and shall finalize such regulations not later than 180 days after such date of enactment. ``(3) 340B drug.--The term `340B drug' means a drug that is-- ``(A) a covered outpatient drug (as defined for purposes of section 340B); and ``(B) purchased under an agreement in effect under such section.''. (B) State plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (i) in paragraph (86), by striking ``and'' at the end; (ii) in paragraph (87)(D), by striking the period and inserting ``; and''; and (iii) by inserting after paragraph (87) the following new paragraph: ``(88) provide for a mechanism to furnish to the entity with a contract in effect under section 1927(l), upon request of such entity, the data described in paragraph (2)(A)(ii) of such section and remove from any rebate request described in paragraph (1)(B) of such section any claim that is the subject of a notice submitted by such entity under paragraph (2)(C) of such section.''.

2. FINDINGS AND PURPOSE. (2) 340B enables safety-net providers to stretch scarce resources further to offer services and treat patients through the savings these providers receive under the program. (3) 340B savings support hospitals, clinics, and health centers' care for patients who have low incomes, including those with low incomes enrolled in Medicare and Medicaid. 3. (a) Group Health Plan and Health Insurance Issuer Requirements.-- Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. is amended by adding at the end the following new section: ``SEC. 2730. REQUIREMENTS RELATING TO THE 340B DRUG DISCOUNT PROGRAM. ``(5) Refusing to contract with a covered entity or specified pharmacy for reasons other than those that apply equally to entities or pharmacies that are not covered entities or specified pharmacies, or on the basis that-- ``(A) the entity or pharmacy is a covered entity or a specified pharmacy; or ``(B) the entity or pharmacy is described in any of subparagraphs (A) through (O) of section 340B(a)(4). ``(c) Enforcement Mechanism for Pharmacy Benefit Managers.--The Secretary shall impose a civil monetary penalty on any pharmacy benefit manager that violates the requirements of this section. The Secretary shall issue proposed regulations to implement this subsection not later than 60 days after the date of the enactment of this subsection and shall finalize such regulations not later than 180 days after such date of enactment. (B) State plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (i) in paragraph (86), by striking ``and'' at the end; (ii) in paragraph (87)(D), by striking the period and inserting ``; and''; and (iii) by inserting after paragraph (87) the following new paragraph: ``(88) provide for a mechanism to furnish to the entity with a contract in effect under section 1927(l), upon request of such entity, the data described in paragraph (2)(A)(ii) of such section and remove from any rebate request described in paragraph (1)(B) of such section any claim that is the subject of a notice submitted by such entity under paragraph (2)(C) of such section.''.

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 ``Preserving Rules Ordered for The Entities Covered Through 340B Act of 2021'' or the ``PROTECT 340B Act of 2021''. 2. FINDINGS AND PURPOSE. (2) 340B enables safety-net providers to stretch scarce resources further to offer services and treat patients through the savings these providers receive under the program. (3) 340B savings support hospitals, clinics, and health centers' care for patients who have low incomes, including those with low incomes enrolled in Medicare and Medicaid. (4) 340B savings are critically important to rural hospitals that operate on very slim margins and serve patients in isolated areas with limited access to health care. (7) These types of discriminatory actions undermine the purpose of the 340B program and harm the patients served by 340B covered entities. (3) To authorize the Secretary to contract with a third- party entity to collect and review data from State Medicaid agencies and covered entities to prevent Medicaid duplicate discounts. 3. ENSURING THE EQUITABLE TREATMENT OF COVERED ENTITIES AND PHARMACIES PARTICIPATING IN THE 340B DRUG DISCOUNT PROGRAM. (a) Group Health Plan and Health Insurance Issuer Requirements.-- Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following new section: ``SEC. 2730. REQUIREMENTS RELATING TO THE 340B DRUG DISCOUNT PROGRAM. ``(B) Professional dispensing fees. ``(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles. ``(E) Any other restrictions, conditions, practices, or policies that, as specified by the Administrator of the Health Resources and Services Administration, interfere with the ability of a covered entity to maximize the value of discounts provided under section 340B. ``(3) Interfering with an individual's choice to receive a 340B drug from a covered entity or specified pharmacy, whether in person or via direct delivery, mail, or other form of shipment. ``(4) Requiring a covered entity or specified pharmacy to identify, either directly or through a third party, 340B drugs. ``(5) Refusing to contract with a covered entity or specified pharmacy for reasons other than those that apply equally to entities or pharmacies that are not covered entities or specified pharmacies, or on the basis that-- ``(A) the entity or pharmacy is a covered entity or a specified pharmacy; or ``(B) the entity or pharmacy is described in any of subparagraphs (A) through (O) of section 340B(a)(4). ``(c) Enforcement Mechanism for Pharmacy Benefit Managers.--The Secretary shall impose a civil monetary penalty on any pharmacy benefit manager that violates the requirements of this section. Such penalty shall not exceed $5,000 per violation per day. The Secretary shall issue proposed regulations to implement this subsection not later than 60 days after the date of the enactment of this subsection and shall finalize such regulations not later than 180 days after such date of enactment. ``(3) 340B drug.--The term `340B drug' means a drug that is-- ``(A) a covered outpatient drug (as defined for purposes of section 340B); and ``(B) purchased under an agreement in effect under such section.''. 1395w-27(f)(3)) is amended by adding at the end the following new subparagraph: ``(E) 340B drug discount program.--Section 1860D- 12(b)(8).''. (B) State plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (i) in paragraph (86), by striking ``and'' at the end; (ii) in paragraph (87)(D), by striking the period and inserting ``; and''; and (iii) by inserting after paragraph (87) the following new paragraph: ``(88) provide for a mechanism to furnish to the entity with a contract in effect under section 1927(l), upon request of such entity, the data described in paragraph (2)(A)(ii) of such section and remove from any rebate request described in paragraph (1)(B) of such section any claim that is the subject of a notice submitted by such entity under paragraph (2)(C) of such section.''. (d) Prohibition on Certain Use of Funds.--No funds appropriated under any Act may be used to implement Executive Order 13937 published on July 29, 2020, or to otherwise specify or limit the amount that a covered entity (as defined in section 340B(a)(4) of the Public Health Service 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 ``Preserving Rules Ordered for The Entities Covered Through 340B Act of 2021'' or the ``PROTECT 340B Act of 2021''. 2. FINDINGS AND PURPOSE. (2) 340B enables safety-net providers to stretch scarce resources further to offer services and treat patients through the savings these providers receive under the program. (3) 340B savings support hospitals, clinics, and health centers' care for patients who have low incomes, including those with low incomes enrolled in Medicare and Medicaid. (4) 340B savings are critically important to rural hospitals that operate on very slim margins and serve patients in isolated areas with limited access to health care. (5) 340B supports care for those in need without using taxpayer dollars. (7) These types of discriminatory actions undermine the purpose of the 340B program and harm the patients served by 340B covered entities. Commercial payers and pharmacy benefit managers' imposition of requirements on a 340B pharmacy because it is a pharmacy that dispenses 340B drugs, or requirements with respect to the use of and billing for drugs purchased under 340B because they are 340B drugs is inconsistent with public policy because of the deleterious effects on the nation's health care safety net. (3) To authorize the Secretary to contract with a third- party entity to collect and review data from State Medicaid agencies and covered entities to prevent Medicaid duplicate discounts. 3. ENSURING THE EQUITABLE TREATMENT OF COVERED ENTITIES AND PHARMACIES PARTICIPATING IN THE 340B DRUG DISCOUNT PROGRAM. (a) Group Health Plan and Health Insurance Issuer Requirements.-- Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following new section: ``SEC. 2730. REQUIREMENTS RELATING TO THE 340B DRUG DISCOUNT PROGRAM. ``(B) Professional dispensing fees. ``(C) Restrictions or requirements regarding participation in standard or preferred pharmacy networks. ``(D) Requirements relating to the frequency or scope of audits or to inventory management systems using generally accepted accounting principles. ``(E) Any other restrictions, conditions, practices, or policies that, as specified by the Administrator of the Health Resources and Services Administration, interfere with the ability of a covered entity to maximize the value of discounts provided under section 340B. ``(3) Interfering with an individual's choice to receive a 340B drug from a covered entity or specified pharmacy, whether in person or via direct delivery, mail, or other form of shipment. ``(4) Requiring a covered entity or specified pharmacy to identify, either directly or through a third party, 340B drugs. ``(5) Refusing to contract with a covered entity or specified pharmacy for reasons other than those that apply equally to entities or pharmacies that are not covered entities or specified pharmacies, or on the basis that-- ``(A) the entity or pharmacy is a covered entity or a specified pharmacy; or ``(B) the entity or pharmacy is described in any of subparagraphs (A) through (O) of section 340B(a)(4). ``(c) Enforcement Mechanism for Pharmacy Benefit Managers.--The Secretary shall impose a civil monetary penalty on any pharmacy benefit manager that violates the requirements of this section. Such penalty shall not exceed $5,000 per violation per day. The Secretary shall issue proposed regulations to implement this subsection not later than 60 days after the date of the enactment of this subsection and shall finalize such regulations not later than 180 days after such date of enactment. ``(3) 340B drug.--The term `340B drug' means a drug that is-- ``(A) a covered outpatient drug (as defined for purposes of section 340B); and ``(B) purchased under an agreement in effect under such section.''. 1395w-27(f)(3)) is amended by adding at the end the following new subparagraph: ``(E) 340B drug discount program.--Section 1860D- 12(b)(8).''. ``(2) Duties of contracting entity.-- ``(A) In general.--The entity with a contract in effect under paragraph (1) shall-- ``(i) request and review, in the most efficient and least burdensome manner practicable-- ``(I) claims level data from covered entities (as defined in section 340B of the Public Health Service Act) itemizing 340B drugs dispensed to individuals enrolled under a State plan (or waiver of such plan); and ``(II) claims level rebate file data from State agencies administering such plan (or such waiver); ``(ii) request, receive, and maintain data described in either of subclauses (I) and (II) of clause (i) in a confidential manner; and ``(iii) notify the State and the Secretary of any violation described in paragraph (1)(B) to ensure that such violation is remedied. (B) State plan requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (i) in paragraph (86), by striking ``and'' at the end; (ii) in paragraph (87)(D), by striking the period and inserting ``; and''; and (iii) by inserting after paragraph (87) the following new paragraph: ``(88) provide for a mechanism to furnish to the entity with a contract in effect under section 1927(l), upon request of such entity, the data described in paragraph (2)(A)(ii) of such section and remove from any rebate request described in paragraph (1)(B) of such section any claim that is the subject of a notice submitted by such entity under paragraph (2)(C) of such section.''. (d) Prohibition on Certain Use of Funds.--No funds appropriated under any Act may be used to implement Executive Order 13937 published on July 29, 2020, or to otherwise specify or limit the amount that a covered entity (as defined in section 340B(a)(4) of the Public Health Service Act (42 U.S.C.

H.R.165

Housing and Community Development

Improving Access to Homes for Heroes Act of 2021 This bill requires public housing agencies to consider the housing needs of veterans when creating their annual plans and housing strategies, the latter in consultation with agencies that serve veterans. Similarly, the Department of Housing and Urban Development (HUD) must revise its regulations to require jurisdictions that receive funding from HUD to include information relating to veterans in their consolidated plans. HUD must also conduct an assessment of the housing needs of very low-income veteran families and report annually on its activities relating to veterans.

To require the inclusion of veterans in housing planning and an annual report on housing assistance to 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 ``Improving Access to Homes for Heroes Act of 2021''. SEC. 2. INCLUSION OF VETERANS IN HOUSING PLANNING. (a) Public Housing Agency Plans.--Section 5A(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by striking ``and disabled families'' and inserting ``, disabled families, and veterans (as such term is defined in section 101 of title 38, United States Code)''. (b) Comprehensive Housing Affordability Strategies.-- (1) In general.--Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) is amended-- (A) in subsection (b)(1), by inserting ``veterans (as such term is defined in section 101 of title 38, United States Code),'' after ``acquired immunodeficiency syndrome,''; (B) in subsection (b)(20), by striking ``and service'' and inserting ``veterans service, and other service''; and (C) in subsection (e)(1), by inserting ``veterans (as such term is defined in section 101 of title 38, United States Code),'' after ``homeless persons,''. (2) Consolidated plans.--The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans (part 91 of title 24, Code of Federal Regulations) in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to veterans and veterans service agencies in all such plans. SEC. 3. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS. (a) In General.--Not later than December 31 of each year, the Secretary of Housing and Urban Development shall submit a report on the activities of the Department of Housing and Urban Development relating to veterans during such year to the following: (1) The Committee on Banking, Housing, and Urban Affairs of the Senate. (2) The Committee on Veterans' Affairs of the Senate. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (5) The Committee on Veterans' Affairs of the House of Representatives. (6) The Committee on Appropriations of the House of Representatives. (7) The Secretary of Veterans Affairs. (b) Contents.--Each report required under subsection (a) shall include the following information with respect to the year for which the report is submitted: (1) The number of homeless veterans provided assistance under the program of housing choice vouchers for homeless veterans under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (2) The number of homeless veterans provided assistance under the Tribal HUD-VA Supportive Housing Program (HUD-VASH) authorized by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235; 128 Stat. 2733) the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (3) A summary description of the special considerations made for veterans under public housing agency plans submitted pursuant to section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c-1) and under comprehensive housing affordability strategies submitted pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705). (4) A description of the activities of the Special Assistant for Veterans Affairs. (5) A description of the efforts of the Department of Housing and Urban Development to coordinate the delivery of housing and services to veterans with other Federal departments and agencies, including the Department of Defense, Department of Justice, Department of Labor, Department of Health and Human Services, Department of Veterans Affairs, Interagency Council on Homelessness, and the Social Security Administration. (6) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (7) Any other information that the Secretary considers relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to veterans. (c) Assessment of Housing Needs of Very Low-Income Veteran Families.-- (1) In general.--For the first report submitted pursuant to subsection (a) and every fifth report thereafter, the Secretary of Housing and Urban Development shall-- (A) conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in paragraph 5); and (B) shall include in each such report findings regarding such assessment. (2) Content.--Each assessment under this subsection shall include-- (A) conducting a survey of, and direct interviews with, a representative sample of very low-income veteran families (as such term is defined in paragraph 5) to determine past and current-- (i) socioeconomic characteristics of such veteran families; (ii) barriers to such veteran families obtaining safe, quality, and affordable housing; (iii) levels of homelessness among such veteran families; and (iv) levels and circumstances of, and barriers to, receipt by such veteran families of rental housing and homeownership assistance; and (B) such other information that the Secretary determines, in consultation with the Secretary of Veterans Affairs and national nongovernmental organizations concerned with veterans, homelessness, and very low-income housing, may be useful to the assessment. (3) Conduct.--If the Secretary contracts with an entity other than the Department of Housing and Urban Development to conduct the assessment under this subsection, such entity shall be a nongovernmental organization determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research. (4) Funding.--Of any amounts made available pursuant to section 501 of the Housing and Urban Development Act of 1970 (42 U.S.C. 1701z-1) for programs of research, studies, testing, or demonstration relating to the mission or programs of the Department of Housing and Urban Development for any fiscal year in which an assessment under this subsection is required pursuant to paragraph (1) of this subsection, $1,000,000 shall be available until expended for costs of the assessment under this subsection. (5) Very low-income veteran family.--The term ``very low- income veteran family'' means a veteran family whose income does not exceed 50 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish an income ceiling higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)). <all>

Improving Access to Homes for Heroes Act of 2021

To require the inclusion of veterans in housing planning and an annual report on housing assistance to veterans, and for other purposes.

Improving Access to Homes for Heroes Act of 2021

Rep. Green, Al

D

TX

This bill requires public housing agencies to consider the housing needs of veterans when creating their annual plans and housing strategies, the latter in consultation with agencies that serve veterans. Similarly, the Department of Housing and Urban Development (HUD) must revise its regulations to require jurisdictions that receive funding from HUD to include information relating to veterans in their consolidated plans. HUD must also conduct an assessment of the housing needs of very low-income veteran families and report annually on its activities relating to veterans.

SHORT TITLE. This Act may be cited as the ``Improving Access to Homes for Heroes Act of 2021''. 2. INCLUSION OF VETERANS IN HOUSING PLANNING. (a) Public Housing Agency Plans.--Section 5A(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by striking ``and disabled families'' and inserting ``, disabled families, and veterans (as such term is defined in section 101 of title 38, United States Code)''. (b) Comprehensive Housing Affordability Strategies.-- (1) In general.--Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. (2) Consolidated plans.--The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans (part 91 of title 24, Code of Federal Regulations) in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to veterans and veterans service agencies in all such plans. SEC. 3. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (7) The Secretary of Veterans Affairs. 1437f(o)(19)), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (2) The number of homeless veterans provided assistance under the Tribal HUD-VA Supportive Housing Program (HUD-VASH) authorized by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235; 128 Stat. 12705). (4) A description of the activities of the Special Assistant for Veterans Affairs. (6) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (c) Assessment of Housing Needs of Very Low-Income Veteran Families.-- (1) In general.--For the first report submitted pursuant to subsection (a) and every fifth report thereafter, the Secretary of Housing and Urban Development shall-- (A) conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in paragraph 5); and (B) shall include in each such report findings regarding such assessment. (5) Very low-income veteran family.--The term ``very low- income veteran family'' means a veteran family whose income does not exceed 50 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish an income ceiling higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C.

SHORT TITLE. This Act may be cited as the ``Improving Access to Homes for Heroes Act of 2021''. 2. INCLUSION OF VETERANS IN HOUSING PLANNING. (a) Public Housing Agency Plans.--Section 5A(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by striking ``and disabled families'' and inserting ``, disabled families, and veterans (as such term is defined in section 101 of title 38, United States Code)''. (b) Comprehensive Housing Affordability Strategies.-- (1) In general.--Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. (2) Consolidated plans.--The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans (part 91 of title 24, Code of Federal Regulations) in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to veterans and veterans service agencies in all such plans. SEC. 3. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (7) The Secretary of Veterans Affairs. 1437f(o)(19)), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. L. 113-235; 128 Stat. 12705). (4) A description of the activities of the Special Assistant for Veterans Affairs. (6) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (c) Assessment of Housing Needs of Very Low-Income Veteran Families.-- (1) In general.--For the first report submitted pursuant to subsection (a) and every fifth report thereafter, the Secretary of Housing and Urban Development shall-- (A) conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in paragraph 5); and (B) shall include in each such report findings regarding such assessment.

Be it enacted by the Senate 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 Access to Homes for Heroes Act of 2021''. 2. INCLUSION OF VETERANS IN HOUSING PLANNING. (a) Public Housing Agency Plans.--Section 5A(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by striking ``and disabled families'' and inserting ``, disabled families, and veterans (as such term is defined in section 101 of title 38, United States Code)''. (b) Comprehensive Housing Affordability Strategies.-- (1) In general.--Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. (2) Consolidated plans.--The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans (part 91 of title 24, Code of Federal Regulations) in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to veterans and veterans service agencies in all such plans. SEC. 3. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (7) The Secretary of Veterans Affairs. 1437f(o)(19)), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (2) The number of homeless veterans provided assistance under the Tribal HUD-VA Supportive Housing Program (HUD-VASH) authorized by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235; 128 Stat. 12705). (4) A description of the activities of the Special Assistant for Veterans Affairs. (5) A description of the efforts of the Department of Housing and Urban Development to coordinate the delivery of housing and services to veterans with other Federal departments and agencies, including the Department of Defense, Department of Justice, Department of Labor, Department of Health and Human Services, Department of Veterans Affairs, Interagency Council on Homelessness, and the Social Security Administration. (6) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (c) Assessment of Housing Needs of Very Low-Income Veteran Families.-- (1) In general.--For the first report submitted pursuant to subsection (a) and every fifth report thereafter, the Secretary of Housing and Urban Development shall-- (A) conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in paragraph 5); and (B) shall include in each such report findings regarding such assessment. (2) Content.--Each assessment under this subsection shall include-- (A) conducting a survey of, and direct interviews with, a representative sample of very low-income veteran families (as such term is defined in paragraph 5) to determine past and current-- (i) socioeconomic characteristics of such veteran families; (ii) barriers to such veteran families obtaining safe, quality, and affordable housing; (iii) levels of homelessness among such veteran families; and (iv) levels and circumstances of, and barriers to, receipt by such veteran families of rental housing and homeownership assistance; and (B) such other information that the Secretary determines, in consultation with the Secretary of Veterans Affairs and national nongovernmental organizations concerned with veterans, homelessness, and very low-income housing, may be useful to the assessment. 1701z-1) for programs of research, studies, testing, or demonstration relating to the mission or programs of the Department of Housing and Urban Development for any fiscal year in which an assessment under this subsection is required pursuant to paragraph (1) of this subsection, $1,000,000 shall be available until expended for costs of the assessment under this subsection. (5) Very low-income veteran family.--The term ``very low- income veteran family'' means a veteran family whose income does not exceed 50 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish an income ceiling higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C.

To require the inclusion of veterans in housing planning and an annual report on housing assistance to 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 ``Improving Access to Homes for Heroes Act of 2021''. 2. INCLUSION OF VETERANS IN HOUSING PLANNING. (a) Public Housing Agency Plans.--Section 5A(d)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by striking ``and disabled families'' and inserting ``, disabled families, and veterans (as such term is defined in section 101 of title 38, United States Code)''. (b) Comprehensive Housing Affordability Strategies.-- (1) In general.--Section 105 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12705) is amended-- (A) in subsection (b)(1), by inserting ``veterans (as such term is defined in section 101 of title 38, United States Code),'' after ``acquired immunodeficiency syndrome,''; (B) in subsection (b)(20), by striking ``and service'' and inserting ``veterans service, and other service''; and (C) in subsection (e)(1), by inserting ``veterans (as such term is defined in section 101 of title 38, United States Code),'' after ``homeless persons,''. (2) Consolidated plans.--The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans (part 91 of title 24, Code of Federal Regulations) in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to veterans and veterans service agencies in all such plans. SEC. 3. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS. (a) In General.--Not later than December 31 of each year, the Secretary of Housing and Urban Development shall submit a report on the activities of the Department of Housing and Urban Development relating to veterans during such year to the following: (1) The Committee on Banking, Housing, and Urban Affairs of the Senate. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (7) The Secretary of Veterans Affairs. 1437f(o)(19)), the socioeconomic characteristics and racial characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (2) The number of homeless veterans provided assistance under the Tribal HUD-VA Supportive Housing Program (HUD-VASH) authorized by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235; 128 Stat. 12705). (4) A description of the activities of the Special Assistant for Veterans Affairs. (5) A description of the efforts of the Department of Housing and Urban Development to coordinate the delivery of housing and services to veterans with other Federal departments and agencies, including the Department of Defense, Department of Justice, Department of Labor, Department of Health and Human Services, Department of Veterans Affairs, Interagency Council on Homelessness, and the Social Security Administration. (6) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (7) Any other information that the Secretary considers relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to veterans. (c) Assessment of Housing Needs of Very Low-Income Veteran Families.-- (1) In general.--For the first report submitted pursuant to subsection (a) and every fifth report thereafter, the Secretary of Housing and Urban Development shall-- (A) conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in paragraph 5); and (B) shall include in each such report findings regarding such assessment. (2) Content.--Each assessment under this subsection shall include-- (A) conducting a survey of, and direct interviews with, a representative sample of very low-income veteran families (as such term is defined in paragraph 5) to determine past and current-- (i) socioeconomic characteristics of such veteran families; (ii) barriers to such veteran families obtaining safe, quality, and affordable housing; (iii) levels of homelessness among such veteran families; and (iv) levels and circumstances of, and barriers to, receipt by such veteran families of rental housing and homeownership assistance; and (B) such other information that the Secretary determines, in consultation with the Secretary of Veterans Affairs and national nongovernmental organizations concerned with veterans, homelessness, and very low-income housing, may be useful to the assessment. (3) Conduct.--If the Secretary contracts with an entity other than the Department of Housing and Urban Development to conduct the assessment under this subsection, such entity shall be a nongovernmental organization determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research. (4) Funding.--Of any amounts made available pursuant to section 501 of the Housing and Urban Development Act of 1970 (42 U.S.C. 1701z-1) for programs of research, studies, testing, or demonstration relating to the mission or programs of the Department of Housing and Urban Development for any fiscal year in which an assessment under this subsection is required pursuant to paragraph (1) of this subsection, $1,000,000 shall be available until expended for costs of the assessment under this subsection. (5) Very low-income veteran family.--The term ``very low- income veteran family'' means a veteran family whose income does not exceed 50 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish an income ceiling higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C.

S.917

Health

Short on Competition Act This bill requires the Food and Drug Administration (FDA) to provide temporary authorization to import certain prescription drugs facing shortages or in a marginally competitive drug market. Specifically, the FDA shall authorize importation of an eligible drug that is lifesaving, life-sustaining, or intended to treat or prevent a debilitating condition. To be eligible, a drug must (1) be facing a shortage, (2) require a prescription, (3) have received market authorization in certain foreign countries, and (4) have the same active ingredient as the drug for which there is a shortage in the United States. The drug's manufacturer must also seek FDA approval for the drug as a generic drug. The import authorization shall be for three years or until the shortage no longer applies, whichever occurs first. Importation shall begin within 60 days of the FDA receiving an application that meets all of the applicable requirements. The FDA may deny importation of a drug for reasons related to safety or effectiveness. Drugs in marginally competitive markets must be treated as being in a shortage for the purposes of this bill and for the purposes of expedited inspections and review. A drug is in a marginally competitive market if (1) there are fewer than five holders of approved applications for commercially available brand-name or generic versions of the drug, (2) the drug has been approved for at least 10 years, and (3) the patents on the drug's active ingredients have expired.

To allow for expedited approval of generic prescription drugs and temporary importation of prescription drugs in the case of marginally competitive drug markets and drug shortages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Short on Competition Act''. SEC. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS. (a) Temporary Importation.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended-- (1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k) respectively; and (2) by inserting after subsection (g) the following: ``(h) Temporary Importation Authority.-- ``(1) In general.--If, based on notifications described in subsection (a) or any other relevant information, the Secretary concludes that there is, or is likely to be, a drug shortage of a drug described in subsection (a), except as provided in paragraph (3), the Secretary shall authorize importation of such drug for a period of up to 3 years if-- ``(A) the drug is a drug subject to section 503(b)(1), including a combination product whose primary mode of action is that of a drug as determined under section 503(g)(1)(D)(i), other than a drug described in subparagraphs (A) through (F) of section 804(a)(3); ``(B) the drug is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1); ``(C) the imported drug has the same active ingredient as the drug for which there is a shortage with respect to manufacturers in the United States; ``(D) the manufacturer certifies to the Secretary that it intends to seek approval of the drug under section 505(j); and ``(E) an importer (as defined in section 804(a)) files with the Secretary information-- ``(i) attesting that the requirements under subparagraphs (A) through (D) are satisfied; ``(ii) identifying the drug the importer proposes to import and the manufacturer from whom the importer proposes to import such drug; and ``(iii) requesting authority to import the drug. ``(2) Beginning date of importation.--Except as provided in paragraph (3), if all of the conditions under paragraph (1) are met, the Secretary shall authorize importation of a drug in accordance with such paragraph beginning not later than 60 days after receipt of the information under paragraph (1)(E). ``(3) Discretionary denial of importation.--The Secretary may deny importation of a drug otherwise qualified for importation under paragraph (1) if the Secretary determines that-- ``(A) the drug is not safe and effective; ``(B) the drug is used in conjunction with a device for which there is no reasonable assurance of safety and effectiveness; or ``(C) the authorization to market the drug in one or more of the countries included in the list under section 802(b)(1) has been rescinded or withdrawn because of any concern relating to the safety or effectiveness of the drug. ``(4) Termination of authority.--The authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first.''. (b) Marginally Competitive Drug Markets.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C-1 the following: ``SEC. 506C-2. MARGINALLY COMPETITIVE DRUG MARKETS. ``(a) In General.--If the Secretary determines under subsection (b) that a marginally competitive market exists with respect to an applicable drug, the Secretary-- ``(1) shall treat such marginally competitive market as creating a drug shortage only for purposes of subsections (g) and (h) of section 506C; and ``(2)(A) may expedite the review of applications and inspections with respect to the drug in accordance with section 506C(g); and ``(B) shall authorize importation of the drug in accordance with section 506C(h). ``(b) Determination of Marginally Competitive Market.-- ``(1) In general.--The Secretary shall determine that a marginally competitive market exists with respect to an applicable drug if-- ``(A) for at least 2 consecutive months prior to the determination, fewer than 5 drugs approved under section 505(c) (referred to in this paragraph as the `applicable listed drug') or under section 505(j) that reference the applicable listed drug were commercially available in the United States; ``(B) the applicable listed drug was approved at least 10 years before such determination; and ``(C) each patent which claims an active ingredient of the applicable listed drug has expired. ``(2) Commercially available.-- ``(A) In general.--For purposes of paragraph (1)(A), a drug is not commercially available in the United States if-- ``(i) the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug; ``(ii) a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or ``(iii) the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant. ``(B) Holder of approved application.--In determining whether 5 drugs are commercially available under paragraph (1)(A), in the case of a single person who is the holder of more than one application approved as described in paragraph (1)(A) with respect to an applicable drug, only one such drug shall be considered to be commercially available. ``(c) Applicable Drug.--In this section, the term `applicable drug' means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.''. (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)(3)(B)) is amended-- (1) in clause (i), by striking ``; and'' and inserting ``;''; (2) in clause (ii), by adding ``and'' after the semicolon; and (3) by inserting after clause (ii) the following: ``(iii) the number of drugs authorized for temporary importation under section 506C(h);''. <all>

Short on Competition Act

A bill to allow for expedited approval of generic prescription drugs and temporary importation of prescription drugs in the case of marginally competitive drug markets and drug shortages.

Short on Competition Act

Sen. Klobuchar, Amy

D

MN

This bill requires the Food and Drug Administration (FDA) to provide temporary authorization to import certain prescription drugs facing shortages or in a marginally competitive drug market. Specifically, the FDA shall authorize importation of an eligible drug that is lifesaving, life-sustaining, or intended to treat or prevent a debilitating condition. To be eligible, a drug must (1) be facing a shortage, (2) require a prescription, (3) have received market authorization in certain foreign countries, and (4) have the same active ingredient as the drug for which there is a shortage in the United States. The drug's manufacturer must also seek FDA approval for the drug as a generic drug. The import authorization shall be for three years or until the shortage no longer applies, whichever occurs first. Importation shall begin within 60 days of the FDA receiving an application that meets all of the applicable requirements. The FDA may deny importation of a drug for reasons related to safety or effectiveness. Drugs in marginally competitive markets must be treated as being in a shortage for the purposes of this bill and for the purposes of expedited inspections and review. A drug is in a marginally competitive market if (1) there are fewer than five holders of approved applications for commercially available brand-name or generic versions of the drug, (2) the drug has been approved for at least 10 years, and (3) the patents on the drug's active ingredients have expired.

This Act may be cited as the ``Short on Competition Act''. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS. 356c) is amended-- (1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k) respectively; and (2) by inserting after subsection (g) the following: ``(h) Temporary Importation Authority.-- ``(1) In general.--If, based on notifications described in subsection (a) or any other relevant information, the Secretary concludes that there is, or is likely to be, a drug shortage of a drug described in subsection (a), except as provided in paragraph (3), the Secretary shall authorize importation of such drug for a period of up to 3 years if-- ``(A) the drug is a drug subject to section 503(b)(1), including a combination product whose primary mode of action is that of a drug as determined under section 503(g)(1)(D)(i), other than a drug described in subparagraphs (A) through (F) of section 804(a)(3); ``(B) the drug is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1); ``(C) the imported drug has the same active ingredient as the drug for which there is a shortage with respect to manufacturers in the United States; ``(D) the manufacturer certifies to the Secretary that it intends to seek approval of the drug under section 505(j); and ``(E) an importer (as defined in section 804(a)) files with the Secretary information-- ``(i) attesting that the requirements under subparagraphs (A) through (D) are satisfied; ``(ii) identifying the drug the importer proposes to import and the manufacturer from whom the importer proposes to import such drug; and ``(iii) requesting authority to import the drug. ``(4) Termination of authority.--The authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first.''. 351 et seq.) is amended by inserting after section 506C-1 the following: ``SEC. MARGINALLY COMPETITIVE DRUG MARKETS. ``(2) Commercially available.-- ``(A) In general.--For purposes of paragraph (1)(A), a drug is not commercially available in the United States if-- ``(i) the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug; ``(ii) a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or ``(iii) the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant. ``(c) Applicable Drug.--In this section, the term `applicable drug' means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.''. (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

This Act may be cited as the ``Short on Competition Act''. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS. ``(4) Termination of authority.--The authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first.''. is amended by inserting after section 506C-1 the following: ``SEC. MARGINALLY COMPETITIVE DRUG MARKETS. ``(2) Commercially available.-- ``(A) In general.--For purposes of paragraph (1)(A), a drug is not commercially available in the United States if-- ``(i) the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug; ``(ii) a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or ``(iii) the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant. ``(c) Applicable Drug.--In this section, the term `applicable drug' means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.''. (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 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 ``Short on Competition Act''. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS. 356c) is amended-- (1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k) respectively; and (2) by inserting after subsection (g) the following: ``(h) Temporary Importation Authority.-- ``(1) In general.--If, based on notifications described in subsection (a) or any other relevant information, the Secretary concludes that there is, or is likely to be, a drug shortage of a drug described in subsection (a), except as provided in paragraph (3), the Secretary shall authorize importation of such drug for a period of up to 3 years if-- ``(A) the drug is a drug subject to section 503(b)(1), including a combination product whose primary mode of action is that of a drug as determined under section 503(g)(1)(D)(i), other than a drug described in subparagraphs (A) through (F) of section 804(a)(3); ``(B) the drug is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1); ``(C) the imported drug has the same active ingredient as the drug for which there is a shortage with respect to manufacturers in the United States; ``(D) the manufacturer certifies to the Secretary that it intends to seek approval of the drug under section 505(j); and ``(E) an importer (as defined in section 804(a)) files with the Secretary information-- ``(i) attesting that the requirements under subparagraphs (A) through (D) are satisfied; ``(ii) identifying the drug the importer proposes to import and the manufacturer from whom the importer proposes to import such drug; and ``(iii) requesting authority to import the drug. ``(3) Discretionary denial of importation.--The Secretary may deny importation of a drug otherwise qualified for importation under paragraph (1) if the Secretary determines that-- ``(A) the drug is not safe and effective; ``(B) the drug is used in conjunction with a device for which there is no reasonable assurance of safety and effectiveness; or ``(C) the authorization to market the drug in one or more of the countries included in the list under section 802(b)(1) has been rescinded or withdrawn because of any concern relating to the safety or effectiveness of the drug. ``(4) Termination of authority.--The authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first.''. 351 et seq.) is amended by inserting after section 506C-1 the following: ``SEC. MARGINALLY COMPETITIVE DRUG MARKETS. ``(b) Determination of Marginally Competitive Market.-- ``(1) In general.--The Secretary shall determine that a marginally competitive market exists with respect to an applicable drug if-- ``(A) for at least 2 consecutive months prior to the determination, fewer than 5 drugs approved under section 505(c) (referred to in this paragraph as the `applicable listed drug') or under section 505(j) that reference the applicable listed drug were commercially available in the United States; ``(B) the applicable listed drug was approved at least 10 years before such determination; and ``(C) each patent which claims an active ingredient of the applicable listed drug has expired. ``(2) Commercially available.-- ``(A) In general.--For purposes of paragraph (1)(A), a drug is not commercially available in the United States if-- ``(i) the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug; ``(ii) a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or ``(iii) the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant. ``(c) Applicable Drug.--In this section, the term `applicable drug' means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.''. (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

To allow for expedited approval of generic prescription drugs and temporary importation of prescription drugs in the case of marginally competitive drug markets and drug shortages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Short on Competition Act''. SEC. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS. 356c) is amended-- (1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k) respectively; and (2) by inserting after subsection (g) the following: ``(h) Temporary Importation Authority.-- ``(1) In general.--If, based on notifications described in subsection (a) or any other relevant information, the Secretary concludes that there is, or is likely to be, a drug shortage of a drug described in subsection (a), except as provided in paragraph (3), the Secretary shall authorize importation of such drug for a period of up to 3 years if-- ``(A) the drug is a drug subject to section 503(b)(1), including a combination product whose primary mode of action is that of a drug as determined under section 503(g)(1)(D)(i), other than a drug described in subparagraphs (A) through (F) of section 804(a)(3); ``(B) the drug is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1); ``(C) the imported drug has the same active ingredient as the drug for which there is a shortage with respect to manufacturers in the United States; ``(D) the manufacturer certifies to the Secretary that it intends to seek approval of the drug under section 505(j); and ``(E) an importer (as defined in section 804(a)) files with the Secretary information-- ``(i) attesting that the requirements under subparagraphs (A) through (D) are satisfied; ``(ii) identifying the drug the importer proposes to import and the manufacturer from whom the importer proposes to import such drug; and ``(iii) requesting authority to import the drug. ``(2) Beginning date of importation.--Except as provided in paragraph (3), if all of the conditions under paragraph (1) are met, the Secretary shall authorize importation of a drug in accordance with such paragraph beginning not later than 60 days after receipt of the information under paragraph (1)(E). ``(3) Discretionary denial of importation.--The Secretary may deny importation of a drug otherwise qualified for importation under paragraph (1) if the Secretary determines that-- ``(A) the drug is not safe and effective; ``(B) the drug is used in conjunction with a device for which there is no reasonable assurance of safety and effectiveness; or ``(C) the authorization to market the drug in one or more of the countries included in the list under section 802(b)(1) has been rescinded or withdrawn because of any concern relating to the safety or effectiveness of the drug. ``(4) Termination of authority.--The authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first.''. (b) Marginally Competitive Drug Markets.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C-1 the following: ``SEC. MARGINALLY COMPETITIVE DRUG MARKETS. ``(a) In General.--If the Secretary determines under subsection (b) that a marginally competitive market exists with respect to an applicable drug, the Secretary-- ``(1) shall treat such marginally competitive market as creating a drug shortage only for purposes of subsections (g) and (h) of section 506C; and ``(2)(A) may expedite the review of applications and inspections with respect to the drug in accordance with section 506C(g); and ``(B) shall authorize importation of the drug in accordance with section 506C(h). ``(b) Determination of Marginally Competitive Market.-- ``(1) In general.--The Secretary shall determine that a marginally competitive market exists with respect to an applicable drug if-- ``(A) for at least 2 consecutive months prior to the determination, fewer than 5 drugs approved under section 505(c) (referred to in this paragraph as the `applicable listed drug') or under section 505(j) that reference the applicable listed drug were commercially available in the United States; ``(B) the applicable listed drug was approved at least 10 years before such determination; and ``(C) each patent which claims an active ingredient of the applicable listed drug has expired. ``(2) Commercially available.-- ``(A) In general.--For purposes of paragraph (1)(A), a drug is not commercially available in the United States if-- ``(i) the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug; ``(ii) a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or ``(iii) the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant. ``(B) Holder of approved application.--In determining whether 5 drugs are commercially available under paragraph (1)(A), in the case of a single person who is the holder of more than one application approved as described in paragraph (1)(A) with respect to an applicable drug, only one such drug shall be considered to be commercially available. ``(c) Applicable Drug.--In this section, the term `applicable drug' means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.''. (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)(3)(B)) is amended-- (1) in clause (i), by striking ``; and'' and inserting ``;''; (2) in clause (ii), by adding ``and'' after the semicolon; and (3) by inserting after clause (ii) the following: ``(iii) the number of drugs authorized for temporary importation under section 506C(h);''.

H.R.132

Crime and Law Enforcement

Federal Prison Bureau Nonviolent Offender Relief Act of 2021 This bill establishes a new early release option for certain federal prisoners. Specifically, the Bureau of Prisons must release early an offender who has completed at least half of his or her sentence if such offender has attained age 45, has never been convicted of a crime of violence, and has not received any institutional disciplinary violations.

To amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, 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 ``Federal Prison Bureau Nonviolent Offender Relief Act of 2021''. SEC. 2. EARLY RELEASE FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``at the early release date provided in subsection (g), if applicable, or otherwise'' after ``A prisoner shall be released by the Bureau of Prisons''; and (2) by adding at the end the following: ``(h) Early Release for Certain Nonviolent Offenders.-- Notwithstanding any other provision of law, the Bureau of Prisons, pursuant to a good time policy, shall release from confinement a prisoner who has served one half or more of his term of imprisonment (including any consecutive term or terms of imprisonment) if that prisoner-- ``(1) has attained the age of 45 years; ``(2) has never been convicted of a crime of violence; and ``(3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations.''. <all>

Federal Prison Bureau Nonviolent Offender Relief Act of 2021

To amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, and for other purposes.

Federal Prison Bureau Nonviolent Offender Relief Act of 2021

Rep. Jackson Lee, Sheila

D

TX

This bill establishes a new early release option for certain federal prisoners. Specifically, the Bureau of Prisons must release early an offender who has completed at least half of his or her sentence if such offender has attained age 45, has never been convicted of a crime of violence, and has not received any institutional disciplinary violations.

To amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, 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 ``Federal Prison Bureau Nonviolent Offender Relief Act of 2021''. SEC. 2. EARLY RELEASE FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``at the early release date provided in subsection (g), if applicable, or otherwise'' after ``A prisoner shall be released by the Bureau of Prisons''; and (2) by adding at the end the following: ``(h) Early Release for Certain Nonviolent Offenders.-- Notwithstanding any other provision of law, the Bureau of Prisons, pursuant to a good time policy, shall release from confinement a prisoner who has served one half or more of his term of imprisonment (including any consecutive term or terms of imprisonment) if that prisoner-- ``(1) has attained the age of 45 years; ``(2) has never been convicted of a crime of violence; and ``(3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations.''. <all>

To amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, 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 ``Federal Prison Bureau Nonviolent Offender Relief Act of 2021''. SEC. 2. EARLY RELEASE FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``at the early release date provided in subsection (g), if applicable, or otherwise'' after ``A prisoner shall be released by the Bureau of Prisons''; and (2) by adding at the end the following: ``(h) Early Release for Certain Nonviolent Offenders.-- Notwithstanding any other provision of law, the Bureau of Prisons, pursuant to a good time policy, shall release from confinement a prisoner who has served one half or more of his term of imprisonment (including any consecutive term or terms of imprisonment) if that prisoner-- ``(1) has attained the age of 45 years; ``(2) has never been convicted of a crime of violence; and ``(3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations.''. <all>

To amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, 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 ``Federal Prison Bureau Nonviolent Offender Relief Act of 2021''. SEC. 2. EARLY RELEASE FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``at the early release date provided in subsection (g), if applicable, or otherwise'' after ``A prisoner shall be released by the Bureau of Prisons''; and (2) by adding at the end the following: ``(h) Early Release for Certain Nonviolent Offenders.-- Notwithstanding any other provision of law, the Bureau of Prisons, pursuant to a good time policy, shall release from confinement a prisoner who has served one half or more of his term of imprisonment (including any consecutive term or terms of imprisonment) if that prisoner-- ``(1) has attained the age of 45 years; ``(2) has never been convicted of a crime of violence; and ``(3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations.''. <all>

To amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, 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 ``Federal Prison Bureau Nonviolent Offender Relief Act of 2021''. SEC. 2. EARLY RELEASE FOR CERTAIN NONVIOLENT OFFENDERS. (a) In General.--Section 3624 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``at the early release date provided in subsection (g), if applicable, or otherwise'' after ``A prisoner shall be released by the Bureau of Prisons''; and (2) by adding at the end the following: ``(h) Early Release for Certain Nonviolent Offenders.-- Notwithstanding any other provision of law, the Bureau of Prisons, pursuant to a good time policy, shall release from confinement a prisoner who has served one half or more of his term of imprisonment (including any consecutive term or terms of imprisonment) if that prisoner-- ``(1) has attained the age of 45 years; ``(2) has never been convicted of a crime of violence; and ``(3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations.''. <all>

H.R.6388

Finance and Financial Sector

Combating Terrorist and Other Illicit Financing Act This bill revises provisions related to the National Strategy for Combating Terrorist and Other Illicit Financing developed by the Department of the Treasury. Currently, the strategy must be published through 2022. The bill requires the strategy to be published in 2024 and 2026. The bill also revises how Treasury evaluates existing efforts as part of the strategy. Additionally, tribal and territorial entities must be (1) eligible for grant programs to combat financial crime, and (2) included in efforts to combat illicit finance.

To make updates to the National Strategy for Combating Terrorist and Other Illicit Financing, 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 ``Combating Terrorist and Other Illicit Financing Act''. SEC. 2. INCLUDING OF TRIBAL GOVERNMENTS AND TERRITORIES IN THE HIGH- RISK MONEY LAUNDERING AND RELATED FINANCIAL CRIME AREAS. (a) Findings.--The Congress finds the following: (1) According to the Department of Justice, human trafficking is ``a crime that involves exploiting a person for labor, services, or commercial sex'', a global illicit trade that is estimated by Global Financial Integrity to be valued at more than $150.2 billion each year. (2) Polaris, the non-governmental organization which runs the United States National Human Trafficking Hotline, has found that while human trafficking is a nationwide problem, the majority of domestic human trafficking victims are ``people who have historically faced discrimination and its political, social and economic consequences: people of color, indigenous communities, immigrants and people who identify as LGBTQ+''. (3) For this reason, it is important that law enforcement representing native communities and territories are part of the national dialogue about countering human trafficking. (4) The High Intensity Financial Crime Areas program, which is intended to concentrate law enforcement efforts at the Federal, State, and local level to combat money laundering in designated high-intensity money laundering zones, considers human trafficking among other financial crime issues and actors. (5) In each High Intensity Financial Crime Area, a money- laundering action team, comprised of relevant Federal, State, and local enforcement authorities, prosecutors, and financial regulators, works together to coordinate Federal, State, and local anti-money laundering effort. (6) The High Intensity Financial Crime Area program does not currently mandate the inclusion of law enforcement and other agencies from Tribes and territories. (7) Further, the National Strategy for Combating Terrorist and Other Illicit Financing, a valuable report which is scheduled to sunset in January 2022, does not currently mandate the inclusion of law enforcement and other agencies from Tribes and Territories. (b) National Strategy for Combating Terrorist and Other Illicit Financing.--The Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9501 et seq.) is amended-- (1) in section 261(b)(2)-- (A) by striking ``2020'' and inserting ``2024''; and (B) by striking ``2022'' and inserting ``2026''; and (2) in section 262-- (A) in paragraph (1)-- (i) by striking ``in the documents entitled `2015 National Money Laundering Risk Assessment' and `2015 National Terrorist Financing Risk Assessment','' and inserting ``in the documents entitled `2020 National Strategy for Combating Terrorist and Other Illicit Financing' and `2022 National Strategy for Combating Terrorist and Other Illicit Financing'''; and (ii) by striking ``the broader counter terrorism strategy of the United States'' and inserting ``the broader counter terrorism and national security strategies of the United States''; (B) in paragraph (6)-- (i) by striking ``Prevention of illicit finance'' and inserting ``prevention, detection, and defeat of illicit finance''; (ii) by striking ``private financial sector'' and inserting ``private sector, including financial and other relevant industries,''; and (iii) by striking ``with regard to the prevention and detection of illicit finance'' and inserting ``with regard to the prevention, detection, and defeat of illicit finance''; (C) in paragraph (7)-- (i) by striking ``Federal, State, and local officials'' and inserting ``Federal, State, local, Tribal, and Territory officials''; and (ii) by inserting after ``State and local prosecutors,'' the following: ``Tribal and Territorial law enforcement''; and (D) in paragraph (8), by striking ``so-called''. (c) Law Enforcement and Other Agencies From Tribes and Territories.--Section 5342 of title 31, United States Code is amended-- (1) in subsection (a)(1)(B), by striking ``local, State, national,'' and inserting ``local, State, national, Tribal, Territorial,''; (2) in subsection (a)(2)(A), by striking ``with State'' and inserting ``with State, Tribal, Territorial,''; (3) in subsection (c)(3), by striking ``any State or local official or prosecutor'' and inserting ``any State, local, Tribe, or Territory official or prosecutor''; and (4) in subsection (d), by striking ``State and local governments and State and local law enforcement agencies'' and inserting ``State, local, Tribal, and Territorial governments and State, local, Tribal, and Territorial agencies''. (d) Financial Crime-Free Communities Support Program.-- (1) In general.--Section 5351 of title 31, United States Code, is amended by striking ``to support local law enforcement efforts'' and inserting ``to support local, Tribal, and Territorial law enforcement efforts''. (2) Program authorization.--Section 5352 of title 31, United States Code, is amended-- (A) in subsection (a), by striking ``State or local'' in each place it occurs and inserting ``State, local, Tribal, or Territorial''; and (B) in subsection (c)-- (i) by striking ``State or local'' and inserting ``State, local, Tribal, or Territorial''; and (ii) in paragraph (1), by striking ``State law'' and inserting ``State, Tribal, or Territorial law''. (3) Information collection and dissemination.--Section 5353(b)(3)(A) of title 31, United States Code, is amended by striking ``State local law enforcement agencies'' and inserting ``State, local, Tribal, and Territorial law enforcement agencies''. (4) Grants for fighting money laundering and related financial crimes.--Section 5354 of title 31, United States Code, is amended-- (A) by striking ``State or local law enforcement'' and inserting ``State, local, Tribal, or Territorial law enforcement''; (B) by striking ``State and local law enforcement'' and inserting ``State, local, Tribal, and Territorial law enforcement''; and (C) by striking ``Federal, State, and local cooperative law enforcement'' and inserting ``Federal, State, local, Tribal, and Territorial cooperative law enforcement''. <all>

Combating Terrorist and Other Illicit Financing Act

To make updates to the National Strategy for Combating Terrorist and Other Illicit Financing, and for other purposes.

Combating Terrorist and Other Illicit Financing Act

Del. San Nicolas, Michael F. Q.

D

GU

This bill revises provisions related to the National Strategy for Combating Terrorist and Other Illicit Financing developed by the Department of the Treasury. Currently, the strategy must be published through 2022. The bill requires the strategy to be published in 2024 and 2026. The bill also revises how Treasury evaluates existing efforts as part of the strategy. Additionally, tribal and territorial entities must be (1) eligible for grant programs to combat financial crime, and (2) included in efforts to combat illicit finance.

To make updates to the National Strategy for Combating Terrorist and Other Illicit Financing, 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. This Act may be cited as the ``Combating Terrorist and Other Illicit Financing Act''. SEC. 2. (2) Polaris, the non-governmental organization which runs the United States National Human Trafficking Hotline, has found that while human trafficking is a nationwide problem, the majority of domestic human trafficking victims are ``people who have historically faced discrimination and its political, social and economic consequences: people of color, indigenous communities, immigrants and people who identify as LGBTQ+''. (3) For this reason, it is important that law enforcement representing native communities and territories are part of the national dialogue about countering human trafficking. (6) The High Intensity Financial Crime Area program does not currently mandate the inclusion of law enforcement and other agencies from Tribes and territories. 9501 et seq.) is amended-- (1) in section 261(b)(2)-- (A) by striking ``2020'' and inserting ``2024''; and (B) by striking ``2022'' and inserting ``2026''; and (2) in section 262-- (A) in paragraph (1)-- (i) by striking ``in the documents entitled `2015 National Money Laundering Risk Assessment' and `2015 National Terrorist Financing Risk Assessment','' and inserting ``in the documents entitled `2020 National Strategy for Combating Terrorist and Other Illicit Financing' and `2022 National Strategy for Combating Terrorist and Other Illicit Financing'''; and (ii) by striking ``the broader counter terrorism strategy of the United States'' and inserting ``the broader counter terrorism and national security strategies of the United States''; (B) in paragraph (6)-- (i) by striking ``Prevention of illicit finance'' and inserting ``prevention, detection, and defeat of illicit finance''; (ii) by striking ``private financial sector'' and inserting ``private sector, including financial and other relevant industries,''; and (iii) by striking ``with regard to the prevention and detection of illicit finance'' and inserting ``with regard to the prevention, detection, and defeat of illicit finance''; (C) in paragraph (7)-- (i) by striking ``Federal, State, and local officials'' and inserting ``Federal, State, local, Tribal, and Territory officials''; and (ii) by inserting after ``State and local prosecutors,'' the following: ``Tribal and Territorial law enforcement''; and (D) in paragraph (8), by striking ``so-called''. (4) Grants for fighting money laundering and related financial crimes.--Section 5354 of title 31, United States Code, is amended-- (A) by striking ``State or local law enforcement'' and inserting ``State, local, Tribal, or Territorial law enforcement''; (B) by striking ``State and local law enforcement'' and inserting ``State, local, Tribal, and Territorial law enforcement''; and (C) by striking ``Federal, State, and local cooperative law enforcement'' and inserting ``Federal, State, local, Tribal, and Territorial cooperative law enforcement''.

To make updates to the National Strategy for Combating Terrorist and Other Illicit Financing, 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. 2. (2) Polaris, the non-governmental organization which runs the United States National Human Trafficking Hotline, has found that while human trafficking is a nationwide problem, the majority of domestic human trafficking victims are ``people who have historically faced discrimination and its political, social and economic consequences: people of color, indigenous communities, immigrants and people who identify as LGBTQ+''. (6) The High Intensity Financial Crime Area program does not currently mandate the inclusion of law enforcement and other agencies from Tribes and territories. (4) Grants for fighting money laundering and related financial crimes.--Section 5354 of title 31, United States Code, is amended-- (A) by striking ``State or local law enforcement'' and inserting ``State, local, Tribal, or Territorial law enforcement''; (B) by striking ``State and local law enforcement'' and inserting ``State, local, Tribal, and Territorial law enforcement''; and (C) by striking ``Federal, State, and local cooperative law enforcement'' and inserting ``Federal, State, local, Tribal, and Territorial cooperative law enforcement''.

To make updates to the National Strategy for Combating Terrorist and Other Illicit Financing, 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 ``Combating Terrorist and Other Illicit Financing Act''. SEC. 2. (a) Findings.--The Congress finds the following: (1) According to the Department of Justice, human trafficking is ``a crime that involves exploiting a person for labor, services, or commercial sex'', a global illicit trade that is estimated by Global Financial Integrity to be valued at more than $150.2 billion each year. (2) Polaris, the non-governmental organization which runs the United States National Human Trafficking Hotline, has found that while human trafficking is a nationwide problem, the majority of domestic human trafficking victims are ``people who have historically faced discrimination and its political, social and economic consequences: people of color, indigenous communities, immigrants and people who identify as LGBTQ+''. (3) For this reason, it is important that law enforcement representing native communities and territories are part of the national dialogue about countering human trafficking. (5) In each High Intensity Financial Crime Area, a money- laundering action team, comprised of relevant Federal, State, and local enforcement authorities, prosecutors, and financial regulators, works together to coordinate Federal, State, and local anti-money laundering effort. (6) The High Intensity Financial Crime Area program does not currently mandate the inclusion of law enforcement and other agencies from Tribes and territories. (b) National Strategy for Combating Terrorist and Other Illicit Financing.--The Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9501 et seq.) is amended-- (1) in section 261(b)(2)-- (A) by striking ``2020'' and inserting ``2024''; and (B) by striking ``2022'' and inserting ``2026''; and (2) in section 262-- (A) in paragraph (1)-- (i) by striking ``in the documents entitled `2015 National Money Laundering Risk Assessment' and `2015 National Terrorist Financing Risk Assessment','' and inserting ``in the documents entitled `2020 National Strategy for Combating Terrorist and Other Illicit Financing' and `2022 National Strategy for Combating Terrorist and Other Illicit Financing'''; and (ii) by striking ``the broader counter terrorism strategy of the United States'' and inserting ``the broader counter terrorism and national security strategies of the United States''; (B) in paragraph (6)-- (i) by striking ``Prevention of illicit finance'' and inserting ``prevention, detection, and defeat of illicit finance''; (ii) by striking ``private financial sector'' and inserting ``private sector, including financial and other relevant industries,''; and (iii) by striking ``with regard to the prevention and detection of illicit finance'' and inserting ``with regard to the prevention, detection, and defeat of illicit finance''; (C) in paragraph (7)-- (i) by striking ``Federal, State, and local officials'' and inserting ``Federal, State, local, Tribal, and Territory officials''; and (ii) by inserting after ``State and local prosecutors,'' the following: ``Tribal and Territorial law enforcement''; and (D) in paragraph (8), by striking ``so-called''. (c) Law Enforcement and Other Agencies From Tribes and Territories.--Section 5342 of title 31, United States Code is amended-- (1) in subsection (a)(1)(B), by striking ``local, State, national,'' and inserting ``local, State, national, Tribal, Territorial,''; (2) in subsection (a)(2)(A), by striking ``with State'' and inserting ``with State, Tribal, Territorial,''; (3) in subsection (c)(3), by striking ``any State or local official or prosecutor'' and inserting ``any State, local, Tribe, or Territory official or prosecutor''; and (4) in subsection (d), by striking ``State and local governments and State and local law enforcement agencies'' and inserting ``State, local, Tribal, and Territorial governments and State, local, Tribal, and Territorial agencies''. (d) Financial Crime-Free Communities Support Program.-- (1) In general.--Section 5351 of title 31, United States Code, is amended by striking ``to support local law enforcement efforts'' and inserting ``to support local, Tribal, and Territorial law enforcement efforts''. (4) Grants for fighting money laundering and related financial crimes.--Section 5354 of title 31, United States Code, is amended-- (A) by striking ``State or local law enforcement'' and inserting ``State, local, Tribal, or Territorial law enforcement''; (B) by striking ``State and local law enforcement'' and inserting ``State, local, Tribal, and Territorial law enforcement''; and (C) by striking ``Federal, State, and local cooperative law enforcement'' and inserting ``Federal, State, local, Tribal, and Territorial cooperative law enforcement''.

To make updates to the National Strategy for Combating Terrorist and Other Illicit Financing, 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 ``Combating Terrorist and Other Illicit Financing Act''. SEC. 2. INCLUDING OF TRIBAL GOVERNMENTS AND TERRITORIES IN THE HIGH- RISK MONEY LAUNDERING AND RELATED FINANCIAL CRIME AREAS. (a) Findings.--The Congress finds the following: (1) According to the Department of Justice, human trafficking is ``a crime that involves exploiting a person for labor, services, or commercial sex'', a global illicit trade that is estimated by Global Financial Integrity to be valued at more than $150.2 billion each year. (2) Polaris, the non-governmental organization which runs the United States National Human Trafficking Hotline, has found that while human trafficking is a nationwide problem, the majority of domestic human trafficking victims are ``people who have historically faced discrimination and its political, social and economic consequences: people of color, indigenous communities, immigrants and people who identify as LGBTQ+''. (3) For this reason, it is important that law enforcement representing native communities and territories are part of the national dialogue about countering human trafficking. (4) The High Intensity Financial Crime Areas program, which is intended to concentrate law enforcement efforts at the Federal, State, and local level to combat money laundering in designated high-intensity money laundering zones, considers human trafficking among other financial crime issues and actors. (5) In each High Intensity Financial Crime Area, a money- laundering action team, comprised of relevant Federal, State, and local enforcement authorities, prosecutors, and financial regulators, works together to coordinate Federal, State, and local anti-money laundering effort. (6) The High Intensity Financial Crime Area program does not currently mandate the inclusion of law enforcement and other agencies from Tribes and territories. (7) Further, the National Strategy for Combating Terrorist and Other Illicit Financing, a valuable report which is scheduled to sunset in January 2022, does not currently mandate the inclusion of law enforcement and other agencies from Tribes and Territories. (b) National Strategy for Combating Terrorist and Other Illicit Financing.--The Countering Russian Influence in Europe and Eurasia Act of 2017 (22 U.S.C. 9501 et seq.) is amended-- (1) in section 261(b)(2)-- (A) by striking ``2020'' and inserting ``2024''; and (B) by striking ``2022'' and inserting ``2026''; and (2) in section 262-- (A) in paragraph (1)-- (i) by striking ``in the documents entitled `2015 National Money Laundering Risk Assessment' and `2015 National Terrorist Financing Risk Assessment','' and inserting ``in the documents entitled `2020 National Strategy for Combating Terrorist and Other Illicit Financing' and `2022 National Strategy for Combating Terrorist and Other Illicit Financing'''; and (ii) by striking ``the broader counter terrorism strategy of the United States'' and inserting ``the broader counter terrorism and national security strategies of the United States''; (B) in paragraph (6)-- (i) by striking ``Prevention of illicit finance'' and inserting ``prevention, detection, and defeat of illicit finance''; (ii) by striking ``private financial sector'' and inserting ``private sector, including financial and other relevant industries,''; and (iii) by striking ``with regard to the prevention and detection of illicit finance'' and inserting ``with regard to the prevention, detection, and defeat of illicit finance''; (C) in paragraph (7)-- (i) by striking ``Federal, State, and local officials'' and inserting ``Federal, State, local, Tribal, and Territory officials''; and (ii) by inserting after ``State and local prosecutors,'' the following: ``Tribal and Territorial law enforcement''; and (D) in paragraph (8), by striking ``so-called''. (c) Law Enforcement and Other Agencies From Tribes and Territories.--Section 5342 of title 31, United States Code is amended-- (1) in subsection (a)(1)(B), by striking ``local, State, national,'' and inserting ``local, State, national, Tribal, Territorial,''; (2) in subsection (a)(2)(A), by striking ``with State'' and inserting ``with State, Tribal, Territorial,''; (3) in subsection (c)(3), by striking ``any State or local official or prosecutor'' and inserting ``any State, local, Tribe, or Territory official or prosecutor''; and (4) in subsection (d), by striking ``State and local governments and State and local law enforcement agencies'' and inserting ``State, local, Tribal, and Territorial governments and State, local, Tribal, and Territorial agencies''. (d) Financial Crime-Free Communities Support Program.-- (1) In general.--Section 5351 of title 31, United States Code, is amended by striking ``to support local law enforcement efforts'' and inserting ``to support local, Tribal, and Territorial law enforcement efforts''. (2) Program authorization.--Section 5352 of title 31, United States Code, is amended-- (A) in subsection (a), by striking ``State or local'' in each place it occurs and inserting ``State, local, Tribal, or Territorial''; and (B) in subsection (c)-- (i) by striking ``State or local'' and inserting ``State, local, Tribal, or Territorial''; and (ii) in paragraph (1), by striking ``State law'' and inserting ``State, Tribal, or Territorial law''. (3) Information collection and dissemination.--Section 5353(b)(3)(A) of title 31, United States Code, is amended by striking ``State local law enforcement agencies'' and inserting ``State, local, Tribal, and Territorial law enforcement agencies''. (4) Grants for fighting money laundering and related financial crimes.--Section 5354 of title 31, United States Code, is amended-- (A) by striking ``State or local law enforcement'' and inserting ``State, local, Tribal, or Territorial law enforcement''; (B) by striking ``State and local law enforcement'' and inserting ``State, local, Tribal, and Territorial law enforcement''; and (C) by striking ``Federal, State, and local cooperative law enforcement'' and inserting ``Federal, State, local, Tribal, and Territorial cooperative law enforcement''. <all>

H.R.1297

Government Operations and Politics

Air America Act of 2021 This bill establishes the service of Air America employees as qualifying service for purposes of the Civil Service Retirement System. (Air America was a government-owned airline that provided air transport for certain covert operations in Southeast Asia, including Laos and Vietnam, between 1950 and 1976.) The bill applies to U.S. citizens who were employees of Air America or another affiliated company, as specified, between January 1, 1950 and December 31, 1976. Benefit applications must be filed within two years of the date of enactment of this bill.

To provide redress to the employees of Air America. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Air America Act of 2021''. SEC. 2. AIR AMERICA. (a) Findings.--Congress finds the following: (1) Air America, Incorporated (referred to in this section as ``Air America'') and its related cover corporate entities were wholly owned and controlled by the United States Government and directed and managed by the Department of Defense, the Department of State, and the Central Intelligence Agency from 1950 to 1976. (2) Air America, a corporation owned by the Government of the United States, constituted a ``Government corporation'', as defined in section 103 of title 5, United States Code. (3) It is established that the employees of Air America and the other entities described in paragraph (1) were Federal employees. (4) The employees of Air America were retroactively excluded from the definition of the term ``employee'' under section 2105 of title 5, United States Code, on the basis of an administrative policy change in paperwork requirements implemented by the Office of Personnel Management 10 years after the service of the employees had ended and, by extension, were retroactively excluded from the definition of the term ``employee'' under section 8331 of title 5, United States Code, for retirement credit purposes. (5) The employees of Air America were paid as Federal employees, with salaries subject to-- (A) the General Schedule under subchapter III of chapter 53 of title 5, United States Code; and (B) the rates of basic pay payable to members of the Armed Forces. (6) The service and sacrifice of the employees of Air America included-- (A) suffering a high rate of casualties in the course of employment; (B) saving thousands of lives in search and rescue missions for downed United States airmen and allied refugee evacuations; and (C) lengthy periods of service in challenging circumstances abroad. (b) Definitions.--In this section-- (1) the term ``affiliated company'', with respect to Air America, includes Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport; and (2) the term ``qualifying service'' means service that-- (A) was performed by a United States citizen as an employee of Air America or an affiliated company during the period beginning on January 1, 1950, and ending on December 31, 1976; and (B) is documented in the attorney-certified corporate records of Air America or any affiliated company. (c) Treatment as Federal Employment.--Any period of qualifying service-- (1) is deemed to have been service of an employee (as defined in section 2105 of title 5, United States Code) with the Federal Government; and (2) shall be treated as creditable service by an employee for purposes of subchapter III of chapter 83 of title 5, United States Code. (d) Rights.--An individual who performed qualifying service, or a survivor of such an individual, shall be entitled to the rights, retroactive as applicable, provided to employees and their survivors for creditable service under the Civil Service Retirement System under subchapter III of chapter 83 of title 5, United States Code, with respect to that qualifying service. (e) Deduction, Contribution, and Deposit Requirements.--The deposit of funds in the Treasury of the United States made by Air America in the form of a lump-sum payment apportioned in part to the Civil Service Disability and Retirement Fund in 1976 is deemed to satisfy the deduction, contribution, and deposit requirements under section 8334 of title 5, United States Code, with respect to all periods of qualifying service. (f) Application Time Limit.--Section 8345(i)(2) of title 5, United States Code, shall be applied with respect to the death of an individual who performed qualifying service by substituting ``2 years after the effective date under section 2(g) of the Air America Act of 2021'' for ``30 years after the death or other event which gives rise to title to the benefit''. (g) Effective Date.--This section shall take effect on the date that is 30 days after the date of enactment of this Act. <all>

Air America Act of 2021

To provide redress to the employees of Air America.

Air America Act of 2021

Rep. Grothman, Glenn

R

WI

This bill establishes the service of Air America employees as qualifying service for purposes of the Civil Service Retirement System. (Air America was a government-owned airline that provided air transport for certain covert operations in Southeast Asia, including Laos and Vietnam, between 1950 and 1976.) The bill applies to U.S. citizens who were employees of Air America or another affiliated company, as specified, between January 1, 1950 and December 31, 1976. Benefit applications must be filed within two years of the date of enactment of this bill.

SHORT TITLE. SEC. AIR AMERICA. (a) Findings.--Congress finds the following: (1) Air America, Incorporated (referred to in this section as ``Air America'') and its related cover corporate entities were wholly owned and controlled by the United States Government and directed and managed by the Department of Defense, the Department of State, and the Central Intelligence Agency from 1950 to 1976. (6) The service and sacrifice of the employees of Air America included-- (A) suffering a high rate of casualties in the course of employment; (B) saving thousands of lives in search and rescue missions for downed United States airmen and allied refugee evacuations; and (C) lengthy periods of service in challenging circumstances abroad. (b) Definitions.--In this section-- (1) the term ``affiliated company'', with respect to Air America, includes Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport; and (2) the term ``qualifying service'' means service that-- (A) was performed by a United States citizen as an employee of Air America or an affiliated company during the period beginning on January 1, 1950, and ending on December 31, 1976; and (B) is documented in the attorney-certified corporate records of Air America or any affiliated company. (c) Treatment as Federal Employment.--Any period of qualifying service-- (1) is deemed to have been service of an employee (as defined in section 2105 of title 5, United States Code) with the Federal Government; and (2) shall be treated as creditable service by an employee for purposes of subchapter III of chapter 83 of title 5, United States Code. (e) Deduction, Contribution, and Deposit Requirements.--The deposit of funds in the Treasury of the United States made by Air America in the form of a lump-sum payment apportioned in part to the Civil Service Disability and Retirement Fund in 1976 is deemed to satisfy the deduction, contribution, and deposit requirements under section 8334 of title 5, United States Code, with respect to all periods of qualifying service. (f) Application Time Limit.--Section 8345(i)(2) of title 5, United States Code, shall be applied with respect to the death of an individual who performed qualifying service by substituting ``2 years after the effective date under section 2(g) of the Air America Act of 2021'' for ``30 years after the death or other event which gives rise to title to the benefit''. (g) Effective Date.--This section shall take effect on the date that is 30 days after the date of enactment of this Act.

SEC. AIR AMERICA. (a) Findings.--Congress finds the following: (1) Air America, Incorporated (referred to in this section as ``Air America'') and its related cover corporate entities were wholly owned and controlled by the United States Government and directed and managed by the Department of Defense, the Department of State, and the Central Intelligence Agency from 1950 to 1976. (6) The service and sacrifice of the employees of Air America included-- (A) suffering a high rate of casualties in the course of employment; (B) saving thousands of lives in search and rescue missions for downed United States airmen and allied refugee evacuations; and (C) lengthy periods of service in challenging circumstances abroad. (b) Definitions.--In this section-- (1) the term ``affiliated company'', with respect to Air America, includes Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport; and (2) the term ``qualifying service'' means service that-- (A) was performed by a United States citizen as an employee of Air America or an affiliated company during the period beginning on January 1, 1950, and ending on December 31, 1976; and (B) is documented in the attorney-certified corporate records of Air America or any affiliated company. (c) Treatment as Federal Employment.--Any period of qualifying service-- (1) is deemed to have been service of an employee (as defined in section 2105 of title 5, United States Code) with the Federal Government; and (2) shall be treated as creditable service by an employee for purposes of subchapter III of chapter 83 of title 5, United States Code. (e) Deduction, Contribution, and Deposit Requirements.--The deposit of funds in the Treasury of the United States made by Air America in the form of a lump-sum payment apportioned in part to the Civil Service Disability and Retirement Fund in 1976 is deemed to satisfy the deduction, contribution, and deposit requirements under section 8334 of title 5, United States Code, with respect to all periods of qualifying service. (g) Effective Date.--This section shall take effect on the date that is 30 days after the date of enactment of this Act.

To provide redress to the employees of Air America. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Air America Act of 2021''. SEC. 2. AIR AMERICA. (a) Findings.--Congress finds the following: (1) Air America, Incorporated (referred to in this section as ``Air America'') and its related cover corporate entities were wholly owned and controlled by the United States Government and directed and managed by the Department of Defense, the Department of State, and the Central Intelligence Agency from 1950 to 1976. (2) Air America, a corporation owned by the Government of the United States, constituted a ``Government corporation'', as defined in section 103 of title 5, United States Code. (3) It is established that the employees of Air America and the other entities described in paragraph (1) were Federal employees. (4) The employees of Air America were retroactively excluded from the definition of the term ``employee'' under section 2105 of title 5, United States Code, on the basis of an administrative policy change in paperwork requirements implemented by the Office of Personnel Management 10 years after the service of the employees had ended and, by extension, were retroactively excluded from the definition of the term ``employee'' under section 8331 of title 5, United States Code, for retirement credit purposes. (5) The employees of Air America were paid as Federal employees, with salaries subject to-- (A) the General Schedule under subchapter III of chapter 53 of title 5, United States Code; and (B) the rates of basic pay payable to members of the Armed Forces. (6) The service and sacrifice of the employees of Air America included-- (A) suffering a high rate of casualties in the course of employment; (B) saving thousands of lives in search and rescue missions for downed United States airmen and allied refugee evacuations; and (C) lengthy periods of service in challenging circumstances abroad. (b) Definitions.--In this section-- (1) the term ``affiliated company'', with respect to Air America, includes Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport; and (2) the term ``qualifying service'' means service that-- (A) was performed by a United States citizen as an employee of Air America or an affiliated company during the period beginning on January 1, 1950, and ending on December 31, 1976; and (B) is documented in the attorney-certified corporate records of Air America or any affiliated company. (c) Treatment as Federal Employment.--Any period of qualifying service-- (1) is deemed to have been service of an employee (as defined in section 2105 of title 5, United States Code) with the Federal Government; and (2) shall be treated as creditable service by an employee for purposes of subchapter III of chapter 83 of title 5, United States Code. (d) Rights.--An individual who performed qualifying service, or a survivor of such an individual, shall be entitled to the rights, retroactive as applicable, provided to employees and their survivors for creditable service under the Civil Service Retirement System under subchapter III of chapter 83 of title 5, United States Code, with respect to that qualifying service. (e) Deduction, Contribution, and Deposit Requirements.--The deposit of funds in the Treasury of the United States made by Air America in the form of a lump-sum payment apportioned in part to the Civil Service Disability and Retirement Fund in 1976 is deemed to satisfy the deduction, contribution, and deposit requirements under section 8334 of title 5, United States Code, with respect to all periods of qualifying service. (f) Application Time Limit.--Section 8345(i)(2) of title 5, United States Code, shall be applied with respect to the death of an individual who performed qualifying service by substituting ``2 years after the effective date under section 2(g) of the Air America Act of 2021'' for ``30 years after the death or other event which gives rise to title to the benefit''. (g) Effective Date.--This section shall take effect on the date that is 30 days after the date of enactment of this Act. <all>

To provide redress to the employees of Air America. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Air America Act of 2021''. SEC. 2. AIR AMERICA. (a) Findings.--Congress finds the following: (1) Air America, Incorporated (referred to in this section as ``Air America'') and its related cover corporate entities were wholly owned and controlled by the United States Government and directed and managed by the Department of Defense, the Department of State, and the Central Intelligence Agency from 1950 to 1976. (2) Air America, a corporation owned by the Government of the United States, constituted a ``Government corporation'', as defined in section 103 of title 5, United States Code. (3) It is established that the employees of Air America and the other entities described in paragraph (1) were Federal employees. (4) The employees of Air America were retroactively excluded from the definition of the term ``employee'' under section 2105 of title 5, United States Code, on the basis of an administrative policy change in paperwork requirements implemented by the Office of Personnel Management 10 years after the service of the employees had ended and, by extension, were retroactively excluded from the definition of the term ``employee'' under section 8331 of title 5, United States Code, for retirement credit purposes. (5) The employees of Air America were paid as Federal employees, with salaries subject to-- (A) the General Schedule under subchapter III of chapter 53 of title 5, United States Code; and (B) the rates of basic pay payable to members of the Armed Forces. (6) The service and sacrifice of the employees of Air America included-- (A) suffering a high rate of casualties in the course of employment; (B) saving thousands of lives in search and rescue missions for downed United States airmen and allied refugee evacuations; and (C) lengthy periods of service in challenging circumstances abroad. (b) Definitions.--In this section-- (1) the term ``affiliated company'', with respect to Air America, includes Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport; and (2) the term ``qualifying service'' means service that-- (A) was performed by a United States citizen as an employee of Air America or an affiliated company during the period beginning on January 1, 1950, and ending on December 31, 1976; and (B) is documented in the attorney-certified corporate records of Air America or any affiliated company. (c) Treatment as Federal Employment.--Any period of qualifying service-- (1) is deemed to have been service of an employee (as defined in section 2105 of title 5, United States Code) with the Federal Government; and (2) shall be treated as creditable service by an employee for purposes of subchapter III of chapter 83 of title 5, United States Code. (d) Rights.--An individual who performed qualifying service, or a survivor of such an individual, shall be entitled to the rights, retroactive as applicable, provided to employees and their survivors for creditable service under the Civil Service Retirement System under subchapter III of chapter 83 of title 5, United States Code, with respect to that qualifying service. (e) Deduction, Contribution, and Deposit Requirements.--The deposit of funds in the Treasury of the United States made by Air America in the form of a lump-sum payment apportioned in part to the Civil Service Disability and Retirement Fund in 1976 is deemed to satisfy the deduction, contribution, and deposit requirements under section 8334 of title 5, United States Code, with respect to all periods of qualifying service. (f) Application Time Limit.--Section 8345(i)(2) of title 5, United States Code, shall be applied with respect to the death of an individual who performed qualifying service by substituting ``2 years after the effective date under section 2(g) of the Air America Act of 2021'' for ``30 years after the death or other event which gives rise to title to the benefit''. (g) Effective Date.--This section shall take effect on the date that is 30 days after the date of enactment of this Act. <all>

H.R.8026

Government Operations and Politics

This act designates the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the Charles W. Lindberg Post Office.

[117th Congress Public Law 310] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4396]] Public Law 117-310 117th Congress An Act To designate the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the ``Charles W. Lindberg Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 8026]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CHARLES W. LINDBERG POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, shall be known and designated as the ``Charles W. Lindberg Post Office''. (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 ``Charles W. Lindberg Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 8026: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 12, considered and passed House. Dec. 19, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the "Charles W. Lindberg Post Office".

To designate the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the "Charles W. Lindberg Post Office".

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the "Charles W. Lindberg Post Office".

Rep. Omar, Ilhan

D

MN

This act designates the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the Charles W. Lindberg Post Office.

[117th Congress Public Law 310] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4396]] Public Law 117-310 117th Congress An Act To designate the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the ``Charles W. Lindberg Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 8026]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CHARLES W. LINDBERG POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, shall be known and designated as the ``Charles W. Lindberg Post Office''. (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 ``Charles W. Lindberg Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 8026: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 12, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 310] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4396]] Public Law 117-310 117th Congress An Act To designate the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the ``Charles W. Lindberg Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 8026]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CHARLES W. LINDBERG POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, shall be known and designated as the ``Charles W. Lindberg Post Office''. (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 ``Charles W. Lindberg Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 8026: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 12, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 310] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4396]] Public Law 117-310 117th Congress An Act To designate the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the ``Charles W. Lindberg Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 8026]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CHARLES W. LINDBERG POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, shall be known and designated as the ``Charles W. Lindberg Post Office''. (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 ``Charles W. Lindberg Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 8026: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 12, considered and passed House. Dec. 19, considered and passed Senate. <all>

[117th Congress Public Law 310] [From the U.S. Government Publishing Office] [[Page 136 STAT. 4396]] Public Law 117-310 117th Congress An Act To designate the facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, as the ``Charles W. Lindberg Post Office''. <<NOTE: Dec. 27, 2022 - [H.R. 8026]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CHARLES W. LINDBERG POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 825 West 65th Street in Minneapolis, Minnesota, shall be known and designated as the ``Charles W. Lindberg Post Office''. (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 ``Charles W. Lindberg Post Office''. Approved December 27, 2022. LEGISLATIVE HISTORY--H.R. 8026: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 12, considered and passed House. Dec. 19, considered and passed Senate. <all>

H.R.3300

Environmental Protection

Get the Lead Out Act This bill requires community water systems (i.e., public water systems that provide drinking water) to identify and replace lead service lines (e.g., pipes) and allows the systems to use assistance from drinking water state revolving funds to replace those lines. Specifically, the bill requires community water systems to submit to the Environmental Protection Agency (EPA) by specified deadlines (1) plans to inventory and replace lead service lines, and (2) certifications that lead service lines have been replaced except for any line that is not owned by the system and for which the owner declined replacement. Community water systems must pay the full costs of all lead service line replacements and any filters required under their plans. Systems may incorporate into their base rates the costs of the line replacements and filters not fully covered by grants and other assistance.

To amend the Safe Drinking Water Act with respect to replacement of lead service lines, 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 ``Get the Lead Out Act''. SEC. 2. PLANS FOR REPLACEMENT OF LEAD SERVICE LINES. (a) In General.--Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459E. REPLACEMENT OF LEAD SERVICE LINES. ``(a) Plans.-- ``(1) Submission.-- ``(A) Systems serving 3,300 or more.-- ``(i) In general.--Subject to clause (ii), each community water system serving a population of 3,300 or more shall-- ``(I) not later than 1 year after the date of enactment of this section, submit to the Administrator a plan to inventory and fully replace all of the lead service lines of the community water system, including the portions of such lead service lines that are owned by the community water system and any remaining portions of such lead service lines; and ``(II) not later than 3 years after the date of enactment of this section, complete such inventory. ``(ii) Exception.--The plan of a community water system under clause (i) shall not allow the partial replacement of the lead service lines of the system, except in the case of an emergency, in which case the community water system shall ensure prompt full replacement of the lead service lines of the system not more than 90 days after the end of the emergency. ``(iii) Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish procedures to ensure that inventories conducted pursuant to a plan under clause (i) are rigorous and complete. ``(B) Small systems.--Each community water system serving fewer than 3,300 persons shall-- ``(i) by such deadline as the Administrator determines appropriate, but not later than 5 years after the date of enactment of this section, submit to the Administrator a plan to inventory and fully replace all the lead service lines of the community water system, as described in subparagraph (A)(i) and subject to subparagraph (A)(ii); and ``(ii) not later than 5 years after the date of enactment of this section, complete such inventory. ``(2) Inclusions.--Each plan submitted under this subsection shall include a plan and schedule for-- ``(A) notifying persons served by the applicable community water system that the community water system will install interim filters that meet the criteria under paragraph (3) on all primary drinking water taps served by the community water system with lead service lines; ``(B) installing such interim filters and providing replacement filter cartridges in accordance with manufacturer instructions for so long as such interim filters are in use; ``(C) not later than 10 years after such plan is approved under subsection (b), fully replacing all of the lead service lines of the community water system; and ``(D) including local community-based or other local organizations, as deemed appropriate by the community water system, in training the public in the proper use and maintenance of the interim filters. ``(3) Filter criteria.--Interim filters, and any replacement thereof, installed pursuant to a plan under this section-- ``(A) shall-- ``(i) be certified for lead reduction in compliance with NSF International/American National Standards Institute (`ANSI') Standard 53-2017, `Drinking Water Treatment Units-- Health Effects', published by NSF International; and ``(ii) incorporate an integral performance indication device as specified in section 6.1 of NSF/ANSI standard 53-2017; or ``(B) shall be certified as compliant with any standards for lead reduction adopted by NSF International, ANSI, or the Agency that are more stringent than the standards under subparagraph (A). ``(b) Approval.--Not later than 6 months after a community water system submits a plan under this section, the Administrator shall approve the plan or notify the community water system in writing of revisions the Administrator determines necessary to approve the plan. ``(c) Implementation.-- ``(1) In general.--Not later than 10 years after a plan under this section of a community water system is approved by the Administrator, the community water system shall submit to the Administrator a certification that all the lead service lines of the community water system have been fully replaced pursuant to such plan except for any lead service line that-- ``(A) is not owned by the community water system; and ``(B) with respect to which the owner has declined replacement by the community water system at the system's expense. ``(2) Payment.--The community water system-- ``(A) shall pay the full costs of all lead service line replacements and filters required pursuant to the system's plan under subsection (a); and ``(B) may incorporate into its rate base the costs of replacement and filters not fully covered by grants and other Federal and non-Federal assistance. ``(d) Extension.-- ``(1) Application.--A community water system may submit an application to the Administrator for an extension of the 10- year deadline applicable under subsection (c). ``(2) Approval.--The Administrator shall approve an application for an extension under paragraph (1) only if-- ``(A) the community water system submitting the application has held a public hearing and solicited public comment prior to submitting the application; ``(B) the Administrator determines that lead service line replacement by the community water system is not feasible by the 10-year deadline applicable under subsection (c); and ``(C) the community water system submitting the application has more than 100,000 known or suspected lead service lines. ``(3) Period of extension.--The Administrator may only grant an extension under this subsection for the minimum period of time necessary for the applicable community water system to replace all of the lead service lines of the community water system. ``(e) Enforcement Authority.--The Administrator may take action to enforce a requirement of this section pursuant to section 1414(a)(2) with respect to a community water system in a State regardless of whether the State has primary enforcement responsibility for public water systems. ``(f) Definition.--In this section, the term `lead service line' has the meaning given such term in section 1459B(a). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 and 2023.''. (b) Enforcement.--Section 1414(i)(1) of the Safe Drinking Water Act (42 U.S.C. 300g-3(i)(1)) is amended by striking ``or 1445'' and inserting ``1445, or 1459E''. SEC. 3. STATE REVOLVING LOAN FUNDS. (a) Use of Funds.--Paragraph (2) of section 1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)) is amended by adding at the end the following: ``(H) Replacement of lead service lines.--Financial assistance under this section may also be used for replacement of lead service lines in accordance with section 1459E, with priority given to loans and loan guarantees for disadvantaged communities (as defined in subsection (d)(3)).''. (b) Authorization of Appropriations.--Section 1452(m) of the Safe Drinking Water Act (42 U.S.C. 300j-12(m)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) $6,600,000,000 for each of fiscal years 2022 through 2031.''; and (2) by adding at the end the following: ``(3) Of the amount authorized by paragraph (1)(D) to be appropriated for each of fiscal years 2022 through 2031, $4,650,000,000 shall be for replacement of lead service lines as described in subsection (a)(2)(H).''. <all>

Get the Lead Out Act

To amend the Safe Drinking Water Act with respect to replacement of lead service lines, and for other purposes.

Get the Lead Out Act

Rep. Smith, Christopher H.

R

NJ

This bill requires community water systems (i.e., public water systems that provide drinking water) to identify and replace lead service lines (e.g., pipes) and allows the systems to use assistance from drinking water state revolving funds to replace those lines. Specifically, the bill requires community water systems to submit to the Environmental Protection Agency (EPA) by specified deadlines (1) plans to inventory and replace lead service lines, and (2) certifications that lead service lines have been replaced except for any line that is not owned by the system and for which the owner declined replacement. Community water systems must pay the full costs of all lead service line replacements and any filters required under their plans. Systems may incorporate into their base rates the costs of the line replacements and filters not fully covered by grants and other assistance.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Get the Lead Out Act''. 2. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459E. REPLACEMENT OF LEAD SERVICE LINES. ``(iii) Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish procedures to ensure that inventories conducted pursuant to a plan under clause (i) are rigorous and complete. ``(3) Filter criteria.--Interim filters, and any replacement thereof, installed pursuant to a plan under this section-- ``(A) shall-- ``(i) be certified for lead reduction in compliance with NSF International/American National Standards Institute (`ANSI') Standard 53-2017, `Drinking Water Treatment Units-- Health Effects', published by NSF International; and ``(ii) incorporate an integral performance indication device as specified in section 6.1 of NSF/ANSI standard 53-2017; or ``(B) shall be certified as compliant with any standards for lead reduction adopted by NSF International, ANSI, or the Agency that are more stringent than the standards under subparagraph (A). ``(b) Approval.--Not later than 6 months after a community water system submits a plan under this section, the Administrator shall approve the plan or notify the community water system in writing of revisions the Administrator determines necessary to approve the plan. ``(c) Implementation.-- ``(1) In general.--Not later than 10 years after a plan under this section of a community water system is approved by the Administrator, the community water system shall submit to the Administrator a certification that all the lead service lines of the community water system have been fully replaced pursuant to such plan except for any lead service line that-- ``(A) is not owned by the community water system; and ``(B) with respect to which the owner has declined replacement by the community water system at the system's expense. ``(d) Extension.-- ``(1) Application.--A community water system may submit an application to the Administrator for an extension of the 10- year deadline applicable under subsection (c). ``(e) Enforcement Authority.--The Administrator may take action to enforce a requirement of this section pursuant to section 1414(a)(2) with respect to a community water system in a State regardless of whether the State has primary enforcement responsibility for public water systems. ``(f) Definition.--In this section, the term `lead service line' has the meaning given such term in section 1459B(a). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 and 2023.''. 300g-3(i)(1)) is amended by striking ``or 1445'' and inserting ``1445, or 1459E''. 3. STATE REVOLVING LOAN FUNDS. (a) Use of Funds.--Paragraph (2) of section 1452(a) of the Safe Drinking Water Act (42 U.S.C.

SHORT TITLE. This Act may be cited as the ``Get the Lead Out Act''. 2. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459E. REPLACEMENT OF LEAD SERVICE LINES. ``(iii) Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish procedures to ensure that inventories conducted pursuant to a plan under clause (i) are rigorous and complete. ``(3) Filter criteria.--Interim filters, and any replacement thereof, installed pursuant to a plan under this section-- ``(A) shall-- ``(i) be certified for lead reduction in compliance with NSF International/American National Standards Institute (`ANSI') Standard 53-2017, `Drinking Water Treatment Units-- Health Effects', published by NSF International; and ``(ii) incorporate an integral performance indication device as specified in section 6.1 of NSF/ANSI standard 53-2017; or ``(B) shall be certified as compliant with any standards for lead reduction adopted by NSF International, ANSI, or the Agency that are more stringent than the standards under subparagraph (A). ``(c) Implementation.-- ``(1) In general.--Not later than 10 years after a plan under this section of a community water system is approved by the Administrator, the community water system shall submit to the Administrator a certification that all the lead service lines of the community water system have been fully replaced pursuant to such plan except for any lead service line that-- ``(A) is not owned by the community water system; and ``(B) with respect to which the owner has declined replacement by the community water system at the system's expense. ``(d) Extension.-- ``(1) Application.--A community water system may submit an application to the Administrator for an extension of the 10- year deadline applicable under subsection (c). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 and 2023.''. 300g-3(i)(1)) is amended by striking ``or 1445'' and inserting ``1445, or 1459E''. 3. STATE REVOLVING LOAN FUNDS. (a) Use of Funds.--Paragraph (2) of section 1452(a) of the Safe Drinking Water 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 ``Get the Lead Out Act''. 2. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459E. REPLACEMENT OF LEAD SERVICE LINES. ``(ii) Exception.--The plan of a community water system under clause (i) shall not allow the partial replacement of the lead service lines of the system, except in the case of an emergency, in which case the community water system shall ensure prompt full replacement of the lead service lines of the system not more than 90 days after the end of the emergency. ``(iii) Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish procedures to ensure that inventories conducted pursuant to a plan under clause (i) are rigorous and complete. ``(B) Small systems.--Each community water system serving fewer than 3,300 persons shall-- ``(i) by such deadline as the Administrator determines appropriate, but not later than 5 years after the date of enactment of this section, submit to the Administrator a plan to inventory and fully replace all the lead service lines of the community water system, as described in subparagraph (A)(i) and subject to subparagraph (A)(ii); and ``(ii) not later than 5 years after the date of enactment of this section, complete such inventory. ``(3) Filter criteria.--Interim filters, and any replacement thereof, installed pursuant to a plan under this section-- ``(A) shall-- ``(i) be certified for lead reduction in compliance with NSF International/American National Standards Institute (`ANSI') Standard 53-2017, `Drinking Water Treatment Units-- Health Effects', published by NSF International; and ``(ii) incorporate an integral performance indication device as specified in section 6.1 of NSF/ANSI standard 53-2017; or ``(B) shall be certified as compliant with any standards for lead reduction adopted by NSF International, ANSI, or the Agency that are more stringent than the standards under subparagraph (A). ``(b) Approval.--Not later than 6 months after a community water system submits a plan under this section, the Administrator shall approve the plan or notify the community water system in writing of revisions the Administrator determines necessary to approve the plan. ``(c) Implementation.-- ``(1) In general.--Not later than 10 years after a plan under this section of a community water system is approved by the Administrator, the community water system shall submit to the Administrator a certification that all the lead service lines of the community water system have been fully replaced pursuant to such plan except for any lead service line that-- ``(A) is not owned by the community water system; and ``(B) with respect to which the owner has declined replacement by the community water system at the system's expense. ``(2) Payment.--The community water system-- ``(A) shall pay the full costs of all lead service line replacements and filters required pursuant to the system's plan under subsection (a); and ``(B) may incorporate into its rate base the costs of replacement and filters not fully covered by grants and other Federal and non-Federal assistance. ``(d) Extension.-- ``(1) Application.--A community water system may submit an application to the Administrator for an extension of the 10- year deadline applicable under subsection (c). ``(e) Enforcement Authority.--The Administrator may take action to enforce a requirement of this section pursuant to section 1414(a)(2) with respect to a community water system in a State regardless of whether the State has primary enforcement responsibility for public water systems. ``(f) Definition.--In this section, the term `lead service line' has the meaning given such term in section 1459B(a). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 and 2023.''. 300g-3(i)(1)) is amended by striking ``or 1445'' and inserting ``1445, or 1459E''. 3. STATE REVOLVING LOAN FUNDS. (a) Use of Funds.--Paragraph (2) of section 1452(a) of the Safe Drinking Water 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 ``Get the Lead Out Act''. 2. 300j et seq.) is amended by adding at the end the following: ``SEC. 1459E. REPLACEMENT OF LEAD SERVICE LINES. ``(ii) Exception.--The plan of a community water system under clause (i) shall not allow the partial replacement of the lead service lines of the system, except in the case of an emergency, in which case the community water system shall ensure prompt full replacement of the lead service lines of the system not more than 90 days after the end of the emergency. ``(iii) Procedures.--Not later than 1 year after the date of enactment of this section, the Administrator shall establish procedures to ensure that inventories conducted pursuant to a plan under clause (i) are rigorous and complete. ``(B) Small systems.--Each community water system serving fewer than 3,300 persons shall-- ``(i) by such deadline as the Administrator determines appropriate, but not later than 5 years after the date of enactment of this section, submit to the Administrator a plan to inventory and fully replace all the lead service lines of the community water system, as described in subparagraph (A)(i) and subject to subparagraph (A)(ii); and ``(ii) not later than 5 years after the date of enactment of this section, complete such inventory. ``(2) Inclusions.--Each plan submitted under this subsection shall include a plan and schedule for-- ``(A) notifying persons served by the applicable community water system that the community water system will install interim filters that meet the criteria under paragraph (3) on all primary drinking water taps served by the community water system with lead service lines; ``(B) installing such interim filters and providing replacement filter cartridges in accordance with manufacturer instructions for so long as such interim filters are in use; ``(C) not later than 10 years after such plan is approved under subsection (b), fully replacing all of the lead service lines of the community water system; and ``(D) including local community-based or other local organizations, as deemed appropriate by the community water system, in training the public in the proper use and maintenance of the interim filters. ``(3) Filter criteria.--Interim filters, and any replacement thereof, installed pursuant to a plan under this section-- ``(A) shall-- ``(i) be certified for lead reduction in compliance with NSF International/American National Standards Institute (`ANSI') Standard 53-2017, `Drinking Water Treatment Units-- Health Effects', published by NSF International; and ``(ii) incorporate an integral performance indication device as specified in section 6.1 of NSF/ANSI standard 53-2017; or ``(B) shall be certified as compliant with any standards for lead reduction adopted by NSF International, ANSI, or the Agency that are more stringent than the standards under subparagraph (A). ``(b) Approval.--Not later than 6 months after a community water system submits a plan under this section, the Administrator shall approve the plan or notify the community water system in writing of revisions the Administrator determines necessary to approve the plan. ``(c) Implementation.-- ``(1) In general.--Not later than 10 years after a plan under this section of a community water system is approved by the Administrator, the community water system shall submit to the Administrator a certification that all the lead service lines of the community water system have been fully replaced pursuant to such plan except for any lead service line that-- ``(A) is not owned by the community water system; and ``(B) with respect to which the owner has declined replacement by the community water system at the system's expense. ``(2) Payment.--The community water system-- ``(A) shall pay the full costs of all lead service line replacements and filters required pursuant to the system's plan under subsection (a); and ``(B) may incorporate into its rate base the costs of replacement and filters not fully covered by grants and other Federal and non-Federal assistance. ``(d) Extension.-- ``(1) Application.--A community water system may submit an application to the Administrator for an extension of the 10- year deadline applicable under subsection (c). ``(2) Approval.--The Administrator shall approve an application for an extension under paragraph (1) only if-- ``(A) the community water system submitting the application has held a public hearing and solicited public comment prior to submitting the application; ``(B) the Administrator determines that lead service line replacement by the community water system is not feasible by the 10-year deadline applicable under subsection (c); and ``(C) the community water system submitting the application has more than 100,000 known or suspected lead service lines. ``(3) Period of extension.--The Administrator may only grant an extension under this subsection for the minimum period of time necessary for the applicable community water system to replace all of the lead service lines of the community water system. ``(e) Enforcement Authority.--The Administrator may take action to enforce a requirement of this section pursuant to section 1414(a)(2) with respect to a community water system in a State regardless of whether the State has primary enforcement responsibility for public water systems. ``(f) Definition.--In this section, the term `lead service line' has the meaning given such term in section 1459B(a). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 and 2023.''. 300g-3(i)(1)) is amended by striking ``or 1445'' and inserting ``1445, or 1459E''. 3. STATE REVOLVING LOAN FUNDS. (a) Use of Funds.--Paragraph (2) of section 1452(a) of the Safe Drinking Water Act (42 U.S.C.

H.R.7814

Health

Health Care Providers Safety Act of 2022 This bill authorizes the Department of Health and Human Services to award grants to health care providers for security services and other expenses related to physical security and cybersecurity.

To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Providers Safety Act of 2022''. SEC. 2. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. ``(a) In General.--The Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. ``(b) Use of Funds.--A health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.''. <all>

Health Care Providers Safety Act of 2022

To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients.

Health Care Providers Safety Act of 2022

Rep. Escobar, Veronica

D

TX

This bill authorizes the Department of Health and Human Services to award grants to health care providers for security services and other expenses related to physical security and cybersecurity.

To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Providers Safety Act of 2022''. SEC. 2. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. ``(a) In General.--The Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. ``(b) Use of Funds.--A health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.''. <all>

To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Providers Safety Act of 2022''. SEC. 2. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. ``(a) In General.--The Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. ``(b) Use of Funds.--A health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.''. <all>

To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Providers Safety Act of 2022''. SEC. 2. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. ``(a) In General.--The Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. ``(b) Use of Funds.--A health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.''. <all>

To amend the Public Health Service Act to authorize grants to health care providers to enhance the physical and cyber security of their facilities, personnel, and patients. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Providers Safety Act of 2022''. SEC. 2. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. GRANTS TO HEALTH CARE PROVIDERS TO ENHANCE SECURITY. ``(a) In General.--The Secretary may award grants to health care providers to pay for security services and otherwise enhance the physical and cyber security of their facilities, personnel, and patients to ensure safe access. ``(b) Use of Funds.--A health care provider receiving a grant under this section may use the grant to pay the costs of necessary security services and enhancements to physical access and cyber security, including video surveillance camera systems, data privacy enhancements, and structural improvements.''. <all>

H.R.563

Health

Protecting Life and Integrity in Research Act of 2021 This bill prohibits the Department of Health and Human Services from conducting or supporting any research that involves the use of human fetal tissue from an induced abortion. The bill also prohibits soliciting or acquiring a donation of human fetal tissue from an induced abortion, other than for purposes of an autopsy or burial. The bill applies requirements on the research of transplantation of fetal tissue for therapeutic purposes to research on fetal tissue in general.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, 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 ``Protecting Life and Integrity in Research Act of 2021''. SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. (a) In General.--The Public Health Service Act is amended by inserting after section 498A of such Act (42 U.S.C. 289g-1) the following: ``SEC. 498A-1. NO RESEARCH INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. ``(a) In General.--The Secretary may not conduct or support any research involving human fetal tissue that is obtained pursuant to an induced abortion. ``(b) Development of New, Ethical Cell Lines.--Subsection (a) does not limit the authority of the Secretary to develop or support the development of new, high-efficiency cell lines, including for the production of vaccines and genetic vectors, so long as the cell lines are not derived from human fetal tissue that is obtained pursuant to an induced abortion.''. (b) Conforming Amendments.--Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in subsections (a)(2), (c)(1)(B), and (g), by striking ``or induced'' each place it appears; and (2) in subsection (b)(2)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively. SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING ACQUISITION, RECEIPT, OR ACCEPTANCE OF A DONATION OF HUMAN FETAL TISSUE KNOWING THAT THE TISSUE WAS OBTAINED PURSUANT TO AN INDUCED ABORTION. (a) In General.--Paragraph (1) of section 498B(c) of the Public Health Service Act (42 U.S.C. 289g-2(c)) is amended to read as follows: ``(1) solicit or knowingly acquire, receive, or accept a donation (excluding any transfer for purposes of autopsy or burial) of human fetal tissue knowing that-- ``(A) a human pregnancy was deliberately initiated to provide such tissue; or ``(B) the tissue was obtained pursuant to an induced abortion; or''. (b) Conforming Changes.--Section 498B of the Public Health Service Act (42 U.S.C. 289g-2) is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (3) in subsection (c), as redesignated-- (A) in paragraph (1), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (B) in paragraph (2), by striking ``or (b)(3)''; and (4) in subsection (d), as redesignated, by amending paragraph (1) to read as follows: ``(1) The term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.''. SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL TISSUE AND CORRESPONDING REPORTING. Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in the section heading, by striking ``research on transplantation of fetal tissue'' and inserting ``research on fetal tissue''; (2) in subsection (a)(1)-- (A) by striking ``research on the transplantation of human fetal tissue for therapeutic purposes'' and inserting ``research on human fetal tissue''; and (B) by adding at the end the following: ``Notwithstanding any other provision of law, any research of the Department of Health and Human Services on human fetal tissue shall be conducted or supported in accordance with this section.''; and (3) in subsection (b)(1)(B), by inserting ``if the fetal tissue is intended for transplantation,'' before ``the donation is made''. <all>

Protecting Life and Integrity in Research Act of 2021

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, and for other purposes.

Protecting Life and Integrity in Research Act of 2021

Rep. Luetkemeyer, Blaine

R

MO

This bill prohibits the Department of Health and Human Services from conducting or supporting any research that involves the use of human fetal tissue from an induced abortion. The bill also prohibits soliciting or acquiring a donation of human fetal tissue from an induced abortion, other than for purposes of an autopsy or burial. The bill applies requirements on the research of transplantation of fetal tissue for therapeutic purposes to research on fetal tissue in general.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, 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 ``Protecting Life and Integrity in Research Act of 2021''. 2. 289g-1) the following: ``SEC. 498A-1. NO RESEARCH INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. ``(a) In General.--The Secretary may not conduct or support any research involving human fetal tissue that is obtained pursuant to an induced abortion. ``(b) Development of New, Ethical Cell Lines.--Subsection (a) does not limit the authority of the Secretary to develop or support the development of new, high-efficiency cell lines, including for the production of vaccines and genetic vectors, so long as the cell lines are not derived from human fetal tissue that is obtained pursuant to an induced abortion.''. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING ACQUISITION, RECEIPT, OR ACCEPTANCE OF A DONATION OF HUMAN FETAL TISSUE KNOWING THAT THE TISSUE WAS OBTAINED PURSUANT TO AN INDUCED ABORTION. 289g-2(c)) is amended to read as follows: ``(1) solicit or knowingly acquire, receive, or accept a donation (excluding any transfer for purposes of autopsy or burial) of human fetal tissue knowing that-- ``(A) a human pregnancy was deliberately initiated to provide such tissue; or ``(B) the tissue was obtained pursuant to an induced abortion; or''. (b) Conforming Changes.--Section 498B of the Public Health Service Act (42 U.S.C. 289g-2) is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (3) in subsection (c), as redesignated-- (A) in paragraph (1), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (B) in paragraph (2), by striking ``or (b)(3)''; and (4) in subsection (d), as redesignated, by amending paragraph (1) to read as follows: ``(1) The term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.''. SEC. AUTHORIZATION FOR HHS RESEARCH ON FETAL TISSUE AND CORRESPONDING REPORTING. 289g-1) is amended-- (1) in the section heading, by striking ``research on transplantation of fetal tissue'' and inserting ``research on fetal tissue''; (2) in subsection (a)(1)-- (A) by striking ``research on the transplantation of human fetal tissue for therapeutic purposes'' and inserting ``research on human fetal tissue''; and (B) by adding at the end the following: ``Notwithstanding any other provision of law, any research of the Department of Health and Human Services on human fetal tissue shall be conducted or supported in accordance with this section. ''; and (3) in subsection (b)(1)(B), by inserting ``if the fetal tissue is intended for transplantation,'' before ``the donation is made''.

Be it enacted by the Senate 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 and Integrity in Research Act of 2021''. 2. 289g-1) the following: ``SEC. 498A-1. NO RESEARCH INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. ``(a) In General.--The Secretary may not conduct or support any research involving human fetal tissue that is obtained pursuant to an induced abortion. ``(b) Development of New, Ethical Cell Lines.--Subsection (a) does not limit the authority of the Secretary to develop or support the development of new, high-efficiency cell lines, including for the production of vaccines and genetic vectors, so long as the cell lines are not derived from human fetal tissue that is obtained pursuant to an induced abortion.''. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING ACQUISITION, RECEIPT, OR ACCEPTANCE OF A DONATION OF HUMAN FETAL TISSUE KNOWING THAT THE TISSUE WAS OBTAINED PURSUANT TO AN INDUCED ABORTION. 289g-2(c)) is amended to read as follows: ``(1) solicit or knowingly acquire, receive, or accept a donation (excluding any transfer for purposes of autopsy or burial) of human fetal tissue knowing that-- ``(A) a human pregnancy was deliberately initiated to provide such tissue; or ``(B) the tissue was obtained pursuant to an induced abortion; or''. (b) Conforming Changes.--Section 498B of the Public Health Service Act (42 U.S.C. 289g-2) is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (3) in subsection (c), as redesignated-- (A) in paragraph (1), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (B) in paragraph (2), by striking ``or (b)(3)''; and (4) in subsection (d), as redesignated, by amending paragraph (1) to read as follows: ``(1) The term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.''. SEC. AUTHORIZATION FOR HHS RESEARCH ON FETAL TISSUE AND CORRESPONDING REPORTING. ''; and (3) in subsection (b)(1)(B), by inserting ``if the fetal tissue is intended for transplantation,'' before ``the donation is made''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, 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 ``Protecting Life and Integrity in Research Act of 2021''. SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. (a) In General.--The Public Health Service Act is amended by inserting after section 498A of such Act (42 U.S.C. 289g-1) the following: ``SEC. 498A-1. NO RESEARCH INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. ``(a) In General.--The Secretary may not conduct or support any research involving human fetal tissue that is obtained pursuant to an induced abortion. ``(b) Development of New, Ethical Cell Lines.--Subsection (a) does not limit the authority of the Secretary to develop or support the development of new, high-efficiency cell lines, including for the production of vaccines and genetic vectors, so long as the cell lines are not derived from human fetal tissue that is obtained pursuant to an induced abortion.''. (b) Conforming Amendments.--Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in subsections (a)(2), (c)(1)(B), and (g), by striking ``or induced'' each place it appears; and (2) in subsection (b)(2)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively. SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING ACQUISITION, RECEIPT, OR ACCEPTANCE OF A DONATION OF HUMAN FETAL TISSUE KNOWING THAT THE TISSUE WAS OBTAINED PURSUANT TO AN INDUCED ABORTION. (a) In General.--Paragraph (1) of section 498B(c) of the Public Health Service Act (42 U.S.C. 289g-2(c)) is amended to read as follows: ``(1) solicit or knowingly acquire, receive, or accept a donation (excluding any transfer for purposes of autopsy or burial) of human fetal tissue knowing that-- ``(A) a human pregnancy was deliberately initiated to provide such tissue; or ``(B) the tissue was obtained pursuant to an induced abortion; or''. (b) Conforming Changes.--Section 498B of the Public Health Service Act (42 U.S.C. 289g-2) is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (3) in subsection (c), as redesignated-- (A) in paragraph (1), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (B) in paragraph (2), by striking ``or (b)(3)''; and (4) in subsection (d), as redesignated, by amending paragraph (1) to read as follows: ``(1) The term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.''. SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL TISSUE AND CORRESPONDING REPORTING. Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in the section heading, by striking ``research on transplantation of fetal tissue'' and inserting ``research on fetal tissue''; (2) in subsection (a)(1)-- (A) by striking ``research on the transplantation of human fetal tissue for therapeutic purposes'' and inserting ``research on human fetal tissue''; and (B) by adding at the end the following: ``Notwithstanding any other provision of law, any research of the Department of Health and Human Services on human fetal tissue shall be conducted or supported in accordance with this section.''; and (3) in subsection (b)(1)(B), by inserting ``if the fetal tissue is intended for transplantation,'' before ``the donation is made''. <all>

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, 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 ``Protecting Life and Integrity in Research Act of 2021''. SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. (a) In General.--The Public Health Service Act is amended by inserting after section 498A of such Act (42 U.S.C. 289g-1) the following: ``SEC. 498A-1. NO RESEARCH INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. ``(a) In General.--The Secretary may not conduct or support any research involving human fetal tissue that is obtained pursuant to an induced abortion. ``(b) Development of New, Ethical Cell Lines.--Subsection (a) does not limit the authority of the Secretary to develop or support the development of new, high-efficiency cell lines, including for the production of vaccines and genetic vectors, so long as the cell lines are not derived from human fetal tissue that is obtained pursuant to an induced abortion.''. (b) Conforming Amendments.--Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in subsections (a)(2), (c)(1)(B), and (g), by striking ``or induced'' each place it appears; and (2) in subsection (b)(2)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively. SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING ACQUISITION, RECEIPT, OR ACCEPTANCE OF A DONATION OF HUMAN FETAL TISSUE KNOWING THAT THE TISSUE WAS OBTAINED PURSUANT TO AN INDUCED ABORTION. (a) In General.--Paragraph (1) of section 498B(c) of the Public Health Service Act (42 U.S.C. 289g-2(c)) is amended to read as follows: ``(1) solicit or knowingly acquire, receive, or accept a donation (excluding any transfer for purposes of autopsy or burial) of human fetal tissue knowing that-- ``(A) a human pregnancy was deliberately initiated to provide such tissue; or ``(B) the tissue was obtained pursuant to an induced abortion; or''. (b) Conforming Changes.--Section 498B of the Public Health Service Act (42 U.S.C. 289g-2) is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (3) in subsection (c), as redesignated-- (A) in paragraph (1), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (B) in paragraph (2), by striking ``or (b)(3)''; and (4) in subsection (d), as redesignated, by amending paragraph (1) to read as follows: ``(1) The term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.''. SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL TISSUE AND CORRESPONDING REPORTING. Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in the section heading, by striking ``research on transplantation of fetal tissue'' and inserting ``research on fetal tissue''; (2) in subsection (a)(1)-- (A) by striking ``research on the transplantation of human fetal tissue for therapeutic purposes'' and inserting ``research on human fetal tissue''; and (B) by adding at the end the following: ``Notwithstanding any other provision of law, any research of the Department of Health and Human Services on human fetal tissue shall be conducted or supported in accordance with this section.''; and (3) in subsection (b)(1)(B), by inserting ``if the fetal tissue is intended for transplantation,'' before ``the donation is made''. <all>

S.3610

Water Resources Development

Chattahoochee River Act This bill requires the U.S. Army Corps of Engineers (USACE) to provide design and construction assistance for water-related resource protection and restoration projects that affect the Chattahoochee River Basin. The basin is located in Georgia, Alabama, and Florida. Specifically, the bill requires USACE to provide assistance to state and local agencies and tribal entities for projects that include (1) sediment and erosion control, (2) ecosystem restoration, (3) protection of essential public works, and (4) the beneficial uses of dredged material. Further, the bill requires USACE, stakeholders, and state and local agencies to develop a comprehensive Chattahoochee River Basin restoration plan. The plan must give priority to eligible projects that will also improve the quality or quantity of the water or that use natural hydrological features and systems.

To establish a program to provide environmental assistance in the Chattahoochee River Basin, 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 ``Chattahoochee River Act''. SEC. 2. CHATTAHOOCHEE RIVER PROGRAM. (a) Definitions.--In this section: (1) Non-federal interest.--The term ``non-Federal interest'' has the meaning given the term in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)). (2) Secretary.--The term ``Secretary'' means the Secretary of the Army. (b) Establishment.-- (1) In general.--The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. (2) Form.--The assistance under paragraph (1) shall be in the form of design and construction assistance for water- related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (c), including projects for-- (A) sediment and erosion control; (B) protection of eroding shorelines; (C) ecosystem restoration, including restoration of submerged aquatic vegetation; (D) protection of essential public works; (E) beneficial uses of dredged material; and (F) other related projects that may enhance the living resources of the Chattahoochee River Basin. (c) Comprehensive Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (b)(2). (2) Coordination.--The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization.--The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (d) Agreement.-- (1) In general.--Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (c). (2) Requirements.--Each agreement entered into under this subsection shall provide for-- (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (e) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 80 percent. (2) Non-federal share.-- (A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 20 percent of the total project costs. (B) Operation and maintenance costs.--The non- Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (f) Cooperation.--In carrying out this section, the Secretary shall cooperate with-- (1) the heads of appropriate Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (g) Protection of Resources.--A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. (h) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000. <all>

Chattahoochee River Act

A bill to establish a program to provide environmental assistance in the Chattahoochee River Basin, and for other purposes.

Chattahoochee River Act

Sen. Ossoff, Jon

D

GA

This bill requires the U.S. Army Corps of Engineers (USACE) to provide design and construction assistance for water-related resource protection and restoration projects that affect the Chattahoochee River Basin. The basin is located in Georgia, Alabama, and Florida. Specifically, the bill requires USACE to provide assistance to state and local agencies and tribal entities for projects that include (1) sediment and erosion control, (2) ecosystem restoration, (3) protection of essential public works, and (4) the beneficial uses of dredged material. Further, the bill requires USACE, stakeholders, and state and local agencies to develop a comprehensive Chattahoochee River Basin restoration plan. The plan must give priority to eligible projects that will also improve the quality or quantity of the water or that use natural hydrological features and systems.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chattahoochee River Act''. SEC. 2. 1962d-5b(b)). (b) Establishment.-- (1) In general.--The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. (3) Prioritization.--The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (2) Requirements.--Each agreement entered into under this subsection shall provide for-- (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (e) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 80 percent. (2) Non-federal share.-- (A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 20 percent of the total project costs. (f) Cooperation.--In carrying out this section, the Secretary shall cooperate with-- (1) the heads of appropriate Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (h) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000.

SHORT TITLE. This Act may be cited as the ``Chattahoochee River Act''. SEC. 2. (b) Establishment.-- (1) In general.--The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. (3) Prioritization.--The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (2) Requirements.--Each agreement entered into under this subsection shall provide for-- (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (e) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 80 percent. (2) Non-federal share.-- (A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 20 percent of the total project costs. (f) Cooperation.--In carrying out this section, the Secretary shall cooperate with-- (1) the heads of appropriate Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (h) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000.

To establish a program to provide environmental assistance in the Chattahoochee River Basin, 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 ``Chattahoochee River Act''. SEC. 2. (a) Definitions.--In this section: (1) Non-federal interest.--The term ``non-Federal interest'' has the meaning given the term in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)). (2) Secretary.--The term ``Secretary'' means the Secretary of the Army. (b) Establishment.-- (1) In general.--The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. (2) Form.--The assistance under paragraph (1) shall be in the form of design and construction assistance for water- related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (c), including projects for-- (A) sediment and erosion control; (B) protection of eroding shorelines; (C) ecosystem restoration, including restoration of submerged aquatic vegetation; (D) protection of essential public works; (E) beneficial uses of dredged material; and (F) other related projects that may enhance the living resources of the Chattahoochee River Basin. (c) Comprehensive Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (b)(2). (2) Coordination.--The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization.--The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (2) Requirements.--Each agreement entered into under this subsection shall provide for-- (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (e) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 80 percent. (2) Non-federal share.-- (A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 20 percent of the total project costs. (B) Operation and maintenance costs.--The non- Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (f) Cooperation.--In carrying out this section, the Secretary shall cooperate with-- (1) the heads of appropriate Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (g) Protection of Resources.--A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. (h) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000.

To establish a program to provide environmental assistance in the Chattahoochee River Basin, 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 ``Chattahoochee River Act''. SEC. 2. CHATTAHOOCHEE RIVER PROGRAM. (a) Definitions.--In this section: (1) Non-federal interest.--The term ``non-Federal interest'' has the meaning given the term in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)). (2) Secretary.--The term ``Secretary'' means the Secretary of the Army. (b) Establishment.-- (1) In general.--The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Chattahoochee River Basin. (2) Form.--The assistance under paragraph (1) shall be in the form of design and construction assistance for water- related resource protection and restoration projects affecting the Chattahoochee River Basin, based on the comprehensive plan under subsection (c), including projects for-- (A) sediment and erosion control; (B) protection of eroding shorelines; (C) ecosystem restoration, including restoration of submerged aquatic vegetation; (D) protection of essential public works; (E) beneficial uses of dredged material; and (F) other related projects that may enhance the living resources of the Chattahoochee River Basin. (c) Comprehensive Plan.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with State and local governmental officials and affected stakeholders, shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under subsection (b)(2). (2) Coordination.--The restoration plan described in paragraph (1) shall, to the maximum extent practicable, consider and avoid duplication of any ongoing or planned actions of other Federal, State, and local agencies and nongovernmental organizations. (3) Prioritization.--The restoration plan described in paragraph (1) shall give priority to projects eligible under subsection (b)(2) that will also improve water quality or quantity or use natural hydrological features and systems. (d) Agreement.-- (1) In general.--Before providing assistance under this section, the Secretary shall enter into an agreement with a non-Federal interest for the design and construction of a project carried out pursuant to the comprehensive Chattahoochee River Basin restoration plan described in subsection (c). (2) Requirements.--Each agreement entered into under this subsection shall provide for-- (A) the development by the Secretary, in consultation with appropriate Federal, State, and local officials, of a resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate of expected resource benefits; and (B) the establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation and maintenance of the project by the non-Federal interest. (e) Cost Sharing.-- (1) Federal share.--Except as provided in paragraph (2)(B), the Federal share of the total project costs of each agreement entered into under this section shall be 80 percent. (2) Non-federal share.-- (A) Value of land, easements, rights-of-way, and relocations.--In determining the non-Federal contribution toward carrying out an agreement entered into under this section, the Secretary shall provide credit to a non-Federal interest for the value of land, easements, rights-of-way, and relocations provided by the non-Federal interest, except that the amount of credit provided for a project under this paragraph may not exceed 20 percent of the total project costs. (B) Operation and maintenance costs.--The non- Federal share of the costs of operation and maintenance of activities carried out under an agreement under this section shall be 100 percent. (f) Cooperation.--In carrying out this section, the Secretary shall cooperate with-- (1) the heads of appropriate Federal agencies, including-- (A) the Administrator of the Environmental Protection Agency; (B) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; (C) the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service; and (D) the heads of such other Federal agencies as the Secretary determines to be appropriate; and (2) agencies of a State or political subdivision of a State. (g) Protection of Resources.--A project established under this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources. (h) Project Cap.--The total cost of a project carried out under this section may not exceed $15,000,000. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $90,000,000. <all>

H.R.1668

Government Operations and Politics

This bill extends the authority for federal agencies to reimburse federal contractors for paid leave provided to employees unable to perform work due to the COVID-19 (i.e., coronavirus disease 2019) pandemic from March 31, 2021, to September 30, 2021.

To extend the authority for agencies to reimburse paid leave provided by Federal contractors to certain employees or subcontractors unable to perform work due to the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF REIMBURSEMENT AUTHORITY FOR FEDERAL CONTRACTORS. Section 3610 of the CARES Act (Public Law 116-136; 134 Stat. 414) is amended by striking ``September 30, 2020'' and inserting ``September 30, 2021''. <all>

To extend the authority for agencies to reimburse paid leave provided by Federal contractors to certain employees or subcontractors unable to perform work due to the COVID-19 pandemic.

To extend the authority for agencies to reimburse paid leave provided by Federal contractors to certain employees or subcontractors unable to perform work due to the COVID-19 pandemic.

Official Titles - House of Representatives Official Title as Introduced To extend the authority for agencies to reimburse paid leave provided by Federal contractors to certain employees or subcontractors unable to perform work due to the COVID-19 pandemic.

Rep. Wittman, Robert J.

R

VA

This bill extends the authority for federal agencies to reimburse federal contractors for paid leave provided to employees unable to perform work due to the COVID-19 (i.e., coronavirus disease 2019) pandemic from March 31, 2021, to September 30, 2021.

To extend the authority for agencies to reimburse paid leave provided by Federal contractors to certain employees or subcontractors unable to perform work due to the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF REIMBURSEMENT AUTHORITY FOR FEDERAL CONTRACTORS. Section 3610 of the CARES Act (Public Law 116-136; 134 Stat. 414) is amended by striking ``September 30, 2020'' and inserting ``September 30, 2021''. <all>

To extend the authority for agencies to reimburse paid leave provided by Federal contractors to certain employees or subcontractors unable to perform work due to the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF REIMBURSEMENT AUTHORITY FOR FEDERAL CONTRACTORS. Section 3610 of the CARES Act (Public Law 116-136; 134 Stat. 414) is amended by striking ``September 30, 2020'' and inserting ``September 30, 2021''. <all>

To extend the authority for agencies to reimburse paid leave provided by Federal contractors to certain employees or subcontractors unable to perform work due to the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF REIMBURSEMENT AUTHORITY FOR FEDERAL CONTRACTORS. Section 3610 of the CARES Act (Public Law 116-136; 134 Stat. 414) is amended by striking ``September 30, 2020'' and inserting ``September 30, 2021''. <all>

To extend the authority for agencies to reimburse paid leave provided by Federal contractors to certain employees or subcontractors unable to perform work due to the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF REIMBURSEMENT AUTHORITY FOR FEDERAL CONTRACTORS. Section 3610 of the CARES Act (Public Law 116-136; 134 Stat. 414) is amended by striking ``September 30, 2020'' and inserting ``September 30, 2021''. <all>

S.3044

Taxation

Work Opportunity Tax Credit Disability Expansion and Enhancement Act This bill expands the work opportunity tax credit to include as a member of a targeted group a qualified SSDI recipient (i.e., an individual certified as receiving disability insurance benefits for any month ending within the 60-day period ending on the hiring date). For employers who hire vocational rehabilitation referrals, Supplemental Security Income recipients, or qualified SSDI recipients, the bill also (1) increases the amount of wages that may be taken into account for purposes of the credit, and (2) allows an additional credit for second-year wages.

To amend the Internal Revenue Code of 1986 to include individuals receiving Social Security Disability Insurance benefits under the work opportunity credit and to increase the work opportunity credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Opportunity Tax Credit Disability Expansion and Enhancement Act''. SEC. 2. EXPANSION OF WORK OPPORTUNITY CREDIT TO INCLUDE INDIVIDUALS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)-- (A) in subparagraph (I), by striking ``or'' at the end, (B) in subparagraph (J), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new subparagraph: ``(K) a qualified SSDI recipient.'', and (2) by adding at the end the following new paragraph: ``(16) Qualified ssdi recipient.--The term `qualified SSDI recipient' means any individual who is certified by the designated local agency as receiving disability insurance benefits under section 223 of the Social Security Act (42 U.S.C. 423) for any month ending within the 60-day period ending on the hiring date.''. (b) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021. SEC. 3. ENHANCEMENT OF WORK OPPORTUNITY CREDIT FOR VOCATIONAL REHABILITATION REFERRALS, QUALIFIED SSI RECIPIENTS, AND QUALIFIED SSDI RECIPIENTS. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and (2) by inserting after subsection (e) the following new subsection: ``(f) Credit for Second-Year Wages for Employment of Vocational Rehabilitation Referrals, Qualified SSI Recipients, and Qualified SSDI Recipients.-- ``(1) In general.--With respect to employment of a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 20 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such referral or recipient shall not exceed $12,500 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient, and ``(B) 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 such referral or recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$12,500' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$1041.67' for `$500'.''. (b) Conforming Amendments.-- (1) Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in subsection (c)(1), by striking ``subsection (h)(2)'' and inserting ``subsection (i)(2)'', (B) in subsection (e)(3), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)'', and (C) in subsection (g)(2), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)''. (2) Section 45A of such Code is amended-- (A) in subsection (b)(1)(B), by inserting ``or (f)(1)(A)'' after ``subsection (e)(1)(A)'', (B) in subsection (c)(5)(A), by striking ``section 51(i)(1)'' and inserting ``section 51(j)(1)'', and (C) in subsection (e)(3), by striking ``section 51(k)'' and inserting ``section 51(l)''. (3) Section 45S(h)(2) of such Code is amended by striking ``section 51(j)'' and inserting ``section 51(k)''. (4) Section 1396(d)(2)(A) of such Code is amended by striking ``section 51(i)(1)'' and inserting ``section 51(j)(1)''. (5) Section 1397(c) of such Code is amended by striking ``section 51(k)'' and inserting ``section 51(l)''. (6) Section 3111(e)(3)(B) of such Code is amended by striking ``subsection (i)(3)(A)'' and inserting ``subsection (j)(3)(A)''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021. <all>

Work Opportunity Tax Credit Disability Expansion and Enhancement Act

A bill to amend the Internal Revenue Code of 1986 to include individuals receiving Social Security Disability Insurance benefits under the work opportunity credit and to increase the work opportunity credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients.

Work Opportunity Tax Credit Disability Expansion and Enhancement Act

Sen. Casey, Robert P., Jr.

D

PA

This bill expands the work opportunity tax credit to include as a member of a targeted group a qualified SSDI recipient (i.e., an individual certified as receiving disability insurance benefits for any month ending within the 60-day period ending on the hiring date). For employers who hire vocational rehabilitation referrals, Supplemental Security Income recipients, or qualified SSDI recipients, the bill also (1) increases the amount of wages that may be taken into account for purposes of the credit, and (2) allows an additional credit for second-year wages.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Opportunity Tax Credit Disability Expansion and Enhancement Act''. EXPANSION OF WORK OPPORTUNITY CREDIT TO INCLUDE INDIVIDUALS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)-- (A) in subparagraph (I), by striking ``or'' at the end, (B) in subparagraph (J), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new subparagraph: ``(K) a qualified SSDI recipient. 423) for any month ending within the 60-day period ending on the hiring date.''. SEC. ENHANCEMENT OF WORK OPPORTUNITY CREDIT FOR VOCATIONAL REHABILITATION REFERRALS, QUALIFIED SSI RECIPIENTS, AND QUALIFIED SSDI RECIPIENTS. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient, and ``(B) 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 such referral or recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$12,500' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$1041.67' for `$500'.''. (b) Conforming Amendments.-- (1) Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in subsection (c)(1), by striking ``subsection (h)(2)'' and inserting ``subsection (i)(2)'', (B) in subsection (e)(3), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)'', and (C) in subsection (g)(2), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)''. (5) Section 1397(c) of such Code is amended by striking ``section 51(k)'' and inserting ``section 51(l)''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021.

SHORT TITLE. This Act may be cited as the ``Work Opportunity Tax Credit Disability Expansion and Enhancement Act''. EXPANSION OF WORK OPPORTUNITY CREDIT TO INCLUDE INDIVIDUALS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)-- (A) in subparagraph (I), by striking ``or'' at the end, (B) in subparagraph (J), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new subparagraph: ``(K) a qualified SSDI recipient. 423) for any month ending within the 60-day period ending on the hiring date.''. SEC. ENHANCEMENT OF WORK OPPORTUNITY CREDIT FOR VOCATIONAL REHABILITATION REFERRALS, QUALIFIED SSI RECIPIENTS, AND QUALIFIED SSDI RECIPIENTS. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient, and ``(B) 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 such referral or recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$12,500' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$1041.67' for `$500'.''. (b) Conforming Amendments.-- (1) Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in subsection (c)(1), by striking ``subsection (h)(2)'' and inserting ``subsection (i)(2)'', (B) in subsection (e)(3), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)'', and (C) in subsection (g)(2), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021.

To amend the Internal Revenue Code of 1986 to include individuals receiving Social Security Disability Insurance benefits under the work opportunity credit and to increase the work opportunity credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Opportunity Tax Credit Disability Expansion and Enhancement Act''. EXPANSION OF WORK OPPORTUNITY CREDIT TO INCLUDE INDIVIDUALS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)-- (A) in subparagraph (I), by striking ``or'' at the end, (B) in subparagraph (J), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new subparagraph: ``(K) a qualified SSDI recipient. '', and (2) by adding at the end the following new paragraph: ``(16) Qualified ssdi recipient.--The term `qualified SSDI recipient' means any individual who is certified by the designated local agency as receiving disability insurance benefits under section 223 of the Social Security Act (42 U.S.C. 423) for any month ending within the 60-day period ending on the hiring date.''. SEC. ENHANCEMENT OF WORK OPPORTUNITY CREDIT FOR VOCATIONAL REHABILITATION REFERRALS, QUALIFIED SSI RECIPIENTS, AND QUALIFIED SSDI RECIPIENTS. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and (2) by inserting after subsection (e) the following new subsection: ``(f) Credit for Second-Year Wages for Employment of Vocational Rehabilitation Referrals, Qualified SSI Recipients, and Qualified SSDI Recipients.-- ``(1) In general.--With respect to employment of a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 20 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such referral or recipient shall not exceed $12,500 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient, and ``(B) 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 such referral or recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$12,500' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$1041.67' for `$500'.''. (b) Conforming Amendments.-- (1) Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in subsection (c)(1), by striking ``subsection (h)(2)'' and inserting ``subsection (i)(2)'', (B) in subsection (e)(3), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)'', and (C) in subsection (g)(2), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)''. (3) Section 45S(h)(2) of such Code is amended by striking ``section 51(j)'' and inserting ``section 51(k)''. (4) Section 1396(d)(2)(A) of such Code is amended by striking ``section 51(i)(1)'' and inserting ``section 51(j)(1)''. (5) Section 1397(c) of such Code is amended by striking ``section 51(k)'' and inserting ``section 51(l)''. (6) Section 3111(e)(3)(B) of such Code is amended by striking ``subsection (i)(3)(A)'' and inserting ``subsection (j)(3)(A)''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021.

To amend the Internal Revenue Code of 1986 to include individuals receiving Social Security Disability Insurance benefits under the work opportunity credit and to increase the work opportunity credit for vocational rehabilitation referrals, qualified SSI recipients, and qualified SSDI recipients. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Opportunity Tax Credit Disability Expansion and Enhancement Act''. SEC. 2. EXPANSION OF WORK OPPORTUNITY CREDIT TO INCLUDE INDIVIDUALS RECEIVING SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) In General.--Subsection (d) of section 51 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)-- (A) in subparagraph (I), by striking ``or'' at the end, (B) in subparagraph (J), by striking the period at the end and inserting ``, or'', and (C) by adding at the end the following new subparagraph: ``(K) a qualified SSDI recipient.'', and (2) by adding at the end the following new paragraph: ``(16) Qualified ssdi recipient.--The term `qualified SSDI recipient' means any individual who is certified by the designated local agency as receiving disability insurance benefits under section 223 of the Social Security Act (42 U.S.C. 423) for any month ending within the 60-day period ending on the hiring date.''. (b) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021. SEC. 3. ENHANCEMENT OF WORK OPPORTUNITY CREDIT FOR VOCATIONAL REHABILITATION REFERRALS, QUALIFIED SSI RECIPIENTS, AND QUALIFIED SSDI RECIPIENTS. (a) In General.--Section 51 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and (2) by inserting after subsection (e) the following new subsection: ``(f) Credit for Second-Year Wages for Employment of Vocational Rehabilitation Referrals, Qualified SSI Recipients, and Qualified SSDI Recipients.-- ``(1) In general.--With respect to employment of a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient-- ``(A) the amount of the work opportunity credit determined under this section for the taxable year shall include 20 percent of the qualified second-year wages for such year, and ``(B) in lieu of applying subsection (b)(3), the amount of the qualified first-year wages, and the amount of qualified second-year wages, which may be taken into account with respect to such referral or recipient shall not exceed $12,500 per year. ``(2) Qualified second-year wages.--For purposes of this subsection, the term `qualified second-year wages' means qualified wages-- ``(A) which are paid to a vocational rehabilitation referral, a qualified SSI recipient, or a qualified SSDI recipient, and ``(B) 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 such referral or recipient determined under subsection (b)(2). ``(3) Special rules for agricultural and railway labor.--If such referral or recipient is an employee to whom subparagraph (A) or (B) of subsection (i)(1) applies, rules similar to the rules of such subparagraphs shall apply except that-- ``(A) such subparagraph (A) shall be applied by substituting `$12,500' for `$6,000', and ``(B) such subparagraph (B) shall be applied by substituting `$1041.67' for `$500'.''. (b) Conforming Amendments.-- (1) Section 51 of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in subsection (c)(1), by striking ``subsection (h)(2)'' and inserting ``subsection (i)(2)'', (B) in subsection (e)(3), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)'', and (C) in subsection (g)(2), by striking ``subsection (h)(1)'' and inserting ``subsection (i)(1)''. (2) Section 45A of such Code is amended-- (A) in subsection (b)(1)(B), by inserting ``or (f)(1)(A)'' after ``subsection (e)(1)(A)'', (B) in subsection (c)(5)(A), by striking ``section 51(i)(1)'' and inserting ``section 51(j)(1)'', and (C) in subsection (e)(3), by striking ``section 51(k)'' and inserting ``section 51(l)''. (3) Section 45S(h)(2) of such Code is amended by striking ``section 51(j)'' and inserting ``section 51(k)''. (4) Section 1396(d)(2)(A) of such Code is amended by striking ``section 51(i)(1)'' and inserting ``section 51(j)(1)''. (5) Section 1397(c) of such Code is amended by striking ``section 51(k)'' and inserting ``section 51(l)''. (6) Section 3111(e)(3)(B) of such Code is amended by striking ``subsection (i)(3)(A)'' and inserting ``subsection (j)(3)(A)''. (c) Effective Date.--The amendments made by this section shall apply to individuals who begin work for the employer after December 31, 2021. <all>

S.5069

Families

Speak Up to Protect Every Abused Kid Act This bill establishes and modifies certain requirements related to mandatory reporting of suspected and known incidents of child abuse. Specifically, the bill requires the Department of Health and Human Services to provide grants for campaigns to educate the public and for training about (1) state child abuse or neglect laws, and (2) the responsibility to report suspected incidents of such abuse or neglect. Further, for a state to be eligible for various grants supporting child abuse or neglect treatment and prevention programs, the state must provide assurances that it has mandatory reporting requirements in place for specified individuals who provide services involving children (e.g., health care providers, school personnel, child care employees, and volunteers). States must (1) provide training to these individuals about reporting abuse, and (2) evaluate the effectiveness of the state's reporting requirements. The bill also revises reporting requirements for child abuse or neglect treatment and prevention grants to include data about changes in the rates of child abuse reporting and child abuse fatalities.

To amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, 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 ``Speak Up to Protect Every Abused Kid Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) children are dependent on the adults in their lives, including parents, extended family, teachers, health care providers, and others in their community, to ensure their safety and well-being; (2) data from the Administration on Children and Families for 2016 indicate that 671,622 children in the United States were reported as being victims of child abuse or neglect, and 1,447 of those children died as a result of such abuse or neglect; (3) regardless of whether an adult is legally required to report child abuse and neglect, every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities; and (4) establishing a Federal standard for the classes of individuals that State law establishes as mandated reporters will protect children and ensure greater consistency among the laws of States, while allowing States the flexibility to establish additional classes of individuals as mandated reporters. SEC. 3. EDUCATIONAL CAMPAIGNS AND TRAINING. The Child Abuse Prevention and Treatment Act is amended by inserting after section 103 (42 U.S.C. 5104) the following: ``SEC. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(a) In General.--The Secretary shall make grants to eligible entities to carry out educational campaigns and provide evidence-based or evidence-informed training regarding State laws for mandatory reporting of incidents of child abuse or neglect. ``(b) Guidance and Information on Best Practices.--The Secretary shall develop and disseminate guidance and information on best practices for-- ``(1) educational campaigns to educate members of the public about-- ``(A) the acts and omissions that constitute child abuse or neglect under State law; ``(B) the responsibilities of adults to report suspected and known incidents of child abuse or neglect under State law; and ``(C) the resources available to struggling families to help prevent child abuse and neglect; and ``(2) evidence-based or evidence-informed training programs to improve reporting by adults of suspected and known incidents of child abuse or neglect, consistent with State law, with a focus on adults who work with children in a professional or volunteer capacity. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In determining whether to make a grant under this section, the Secretary shall determine whether the educational campaign or training proposed by the entity uses practices described in the guidance and information developed under subsection (b). ``(d) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2020 and $10,000,000 for each of fiscal years 2023 through 2027.''. SEC. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. Section 106(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (B), by striking ``(B) an assurance'' and all that follows through the end of clause (i), and inserting the following: ``(B) an assurance in the form of a certification by the Governor of the State that the State has in effect and is enforcing a State law, or has in effect and is operating a statewide program, relating to child abuse and neglect that includes-- ``(i) provisions or procedures for an individual described in paragraph (5) to report suspected or known incidents of child abuse or neglect to a State child protective service agency or to a law enforcement agency, which shall include a State law for mandatory reporting of such incidents, to either type of agency, by any individual described in paragraph (5), in accordance with paragraph (6);''; (B) in subparagraph (F), by striking ``; and'' and inserting ``;''; (C) in subparagraph (G), by striking the period at the end and inserting ``;''; and (D) by inserting after subparagraph (G) the following: ``(H) an assurance that the State, in developing the State plan described in paragraph (1), has established procedures to ensure coordination between the State law or statewide program described in subparagraph (B) and relevant law enforcement and State or community-based victims' services agencies to ensure that children who are the victims of acts by a perpetrator other than a parent or caretaker that would be considered child abuse or neglect under section 3(2) if the perpetrator of such act were a parent or caretaker, are referred for appropriate follow-up services, even if such children do not qualify for the protections under such State law or statewide program; ``(I) an assurance that the State will-- ``(i) take primary responsibility to accept and investigate reports of known and suspected child abuse or neglect pertaining to an incident that occurred in that State, even if the child or the alleged perpetrator resides in a different State; ``(ii) in the case of a State that takes primary responsibility to investigate a report as described in clause (i), share the results of the investigation with the State where the child resides and with the State where the alleged perpetrator resides; and ``(iii) in the case of a State in which the child or alleged perpetrator resides, but where the alleged incident did not occur, establish a plan to assist the State with primary responsibility for the investigation; and ``(J) an assurance that the State has established procedures to screen for domestic violence in the course of investigating child abuse and that such procedures-- ``(i) were developed in consultation with the State Domestic Violence Coalition (as defined in section 302 of the Family Violence Prevention and Services Act (42 U.S.C. 10402)) or other entity eligible for funds under section 311 of the Family Violence Prevention and Services Act (42 U.S.C. 10411); and ``(ii) include training and practice requirements for investigators of child abuse where domestic violence is also present.''; and (2) by adding at the end the following: ``(5) Individuals required to report suspected or known child abuse or neglect.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: ``(A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. ``(B) Individuals employed by a school who have direct contact with children, including teachers, administrators, and independent contractors. ``(C) Peace officers and law enforcement personnel. ``(D) Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. ``(E) Day care and child care operators and employees. ``(F) Employees of social services agencies who have direct contact with children in the course of employment. ``(G) Foster parents. ``(H) Court appointed special advocates (employees and volunteers). ``(I) Camp and after-school employees. ``(J) An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. ``(K) Other individuals, as the applicable State law or statewide program may require. ``(6) Reporting requirement.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require such individuals to report suspected or known incidents of child abuse or neglect directly to the appropriate law enforcement or child welfare agency (as applicable under State law) and, if applicable, to the individual's supervisor or employer.''. SEC. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (a) Eligibility.--Section 107(b) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106c(b)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A), by striking ``and'' at the end; and (B) by adding at the end the following: ``(C) support training for adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law; and''; and (2) in paragraph (5), by inserting before the period ``and the training described in paragraph (4)(C)''. (b) State Task Force Study.--Section 107(d) of such Act (42 U.S.C. 5106c(d)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (2) the following: ``(3) evaluate the State's efforts to train adults who work with children in a professional or volunteer capacity, to report suspected and known incidents of child abuse or neglect under State law.''. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 5106c(e)(1)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(D) experimental, model, and demonstration programs for testing innovative approaches and techniques that may improve reporting of and response to suspected and known incidents of child abuse or neglect by adults to the State child protective service agencies or to law enforcement agencies.''. SEC. 6. GENERAL PROGRAM GRANTS. Section 108 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106d) is amended by adding at the end the following: ``(f) Mandatory Reporting.--To be eligible to receive any form of financial assistance under this title, a State shall include in the corresponding plan or application an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 7. REPORTS. Section 110 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106f) is amended by adding at the end the following: ``(e) Study and Report on State Mandatory Reporting Laws.-- ``(1) Study.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall collect information on and otherwise study the efforts of States relating to State laws for mandatory reporting of incidents of child abuse or neglect, in order to assess the implementation of the amendments made by that Act. ``(2) Report.-- ``(A) In general.--Not later than 4 years after the date of enactment of the Speak Up to Protect Every Abused Kid Act, the Secretary shall submit to the appropriate committees of Congress a report containing the findings of the study under paragraph (1). ``(B) Contents.--The report submitted under subparagraph (A) shall-- ``(i) provide an update on-- ``(I) implementation of State laws for mandatory reporting described in section 106(b)(2)(B)(i); and ``(II) State efforts to improve reporting on, and responding to reports of, child abuse or neglect; and ``(ii) include data regarding any changes in the rate of substantiated child abuse reports and changes in the rate of child abuse fatalities since the date of enactment of the Speak Up to Protect Every Abused Kid Act.''. SEC. 8. COMMUNITY-BASED GRANTS. Section 204 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act. (b) Mandatory Reporting Requirements.--The amendments made by sections 4, 5(a), 6, and 8 shall apply to the applicable plans and applications submitted after the date that is 2 years after the date of enactment of this Act. <all>

Speak Up to Protect Every Abused Kid Act

A bill to amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect, and for other purposes.

Speak Up to Protect Every Abused Kid Act

Sen. Casey, Robert P., Jr.

D

PA

This bill establishes and modifies certain requirements related to mandatory reporting of suspected and known incidents of child abuse. Specifically, the bill requires the Department of Health and Human Services to provide grants for campaigns to educate the public and for training about (1) state child abuse or neglect laws, and (2) the responsibility to report suspected incidents of such abuse or neglect. Further, for a state to be eligible for various grants supporting child abuse or neglect treatment and prevention programs, the state must provide assurances that it has mandatory reporting requirements in place for specified individuals who provide services involving children (e.g., health care providers, school personnel, child care employees, and volunteers). States must (1) provide training to these individuals about reporting abuse, and (2) evaluate the effectiveness of the state's reporting requirements. The bill also revises reporting requirements for child abuse or neglect treatment and prevention grants to include data about changes in the rates of child abuse reporting and child abuse fatalities.

SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. 2. SENSE OF CONGRESS. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2020 and $10,000,000 for each of fiscal years 2023 through 2027.''. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. 10411); and ``(ii) include training and practice requirements for investigators of child abuse where domestic violence is also present. ''; and (2) by adding at the end the following: ``(5) Individuals required to report suspected or known child abuse or neglect.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: ``(A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. ``(C) Peace officers and law enforcement personnel. ``(F) Employees of social services agencies who have direct contact with children in the course of employment. ``(G) Foster parents. ``(H) Court appointed special advocates (employees and volunteers). 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 6. REPORTS. 8. COMMUNITY-BASED GRANTS. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act.

SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. 2. SENSE OF CONGRESS. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2020 and $10,000,000 for each of fiscal years 2023 through 2027.''. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. 10411); and ``(ii) include training and practice requirements for investigators of child abuse where domestic violence is also present. ''; and (2) by adding at the end the following: ``(5) Individuals required to report suspected or known child abuse or neglect.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: ``(A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. ``(C) Peace officers and law enforcement personnel. ``(F) Employees of social services agencies who have direct contact with children in the course of employment. ``(G) Foster parents. ``(H) Court appointed special advocates (employees and volunteers). 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 6. REPORTS. 8. COMMUNITY-BASED GRANTS. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act.

SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) children are dependent on the adults in their lives, including parents, extended family, teachers, health care providers, and others in their community, to ensure their safety and well-being; (2) data from the Administration on Children and Families for 2016 indicate that 671,622 children in the United States were reported as being victims of child abuse or neglect, and 1,447 of those children died as a result of such abuse or neglect; (3) regardless of whether an adult is legally required to report child abuse and neglect, every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities; and (4) establishing a Federal standard for the classes of individuals that State law establishes as mandated reporters will protect children and ensure greater consistency among the laws of States, while allowing States the flexibility to establish additional classes of individuals as mandated reporters. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2020 and $10,000,000 for each of fiscal years 2023 through 2027.''. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. 10411); and ``(ii) include training and practice requirements for investigators of child abuse where domestic violence is also present. ''; and (2) by adding at the end the following: ``(5) Individuals required to report suspected or known child abuse or neglect.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: ``(A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. ``(C) Peace officers and law enforcement personnel. ``(D) Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. ``(F) Employees of social services agencies who have direct contact with children in the course of employment. ``(G) Foster parents. ``(H) Court appointed special advocates (employees and volunteers). ``(I) Camp and after-school employees. ``(J) An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. ``(K) Other individuals, as the applicable State law or statewide program may require. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 6. 7. REPORTS. 8. COMMUNITY-BASED GRANTS. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act.

SHORT TITLE. This Act may be cited as the ``Speak Up to Protect Every Abused Kid Act''. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) children are dependent on the adults in their lives, including parents, extended family, teachers, health care providers, and others in their community, to ensure their safety and well-being; (2) data from the Administration on Children and Families for 2016 indicate that 671,622 children in the United States were reported as being victims of child abuse or neglect, and 1,447 of those children died as a result of such abuse or neglect; (3) regardless of whether an adult is legally required to report child abuse and neglect, every adult who suspects or knows about child abuse or neglect has a moral duty to report such concerns to the appropriate authorities; and (4) establishing a Federal standard for the classes of individuals that State law establishes as mandated reporters will protect children and ensure greater consistency among the laws of States, while allowing States the flexibility to establish additional classes of individuals as mandated reporters. 103A. EDUCATIONAL CAMPAIGNS AND TRAINING. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An entity that receives a grant under this section shall use the funds made available through the grant to carry out an educational campaign, or provide training, described in subsection (b). ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2020 and $10,000,000 for each of fiscal years 2023 through 2027.''. 4. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. 10411); and ``(ii) include training and practice requirements for investigators of child abuse where domestic violence is also present. ''; and (2) by adding at the end the following: ``(5) Individuals required to report suspected or known child abuse or neglect.--To satisfy the requirements of paragraph (2)(B)(i), a State law for mandatory reporting described in such paragraph shall require all of the following individuals to report suspected or known incidents of child abuse or neglect: ``(A) Individuals licensed or certified to practice in any health-related field licensed by the State, employees of health care facilities or providers licensed by the State, who are engaged in the admission, examination, care or treatment of individuals, including mental health and emergency medical services providers. ``(C) Peace officers and law enforcement personnel. ``(D) Clergy, including Christian Science practitioners, except where prohibited on account of clergy-penitent privilege. ``(F) Employees of social services agencies who have direct contact with children in the course of employment. ``(G) Foster parents. ``(H) Court appointed special advocates (employees and volunteers). ``(I) Camp and after-school employees. ``(J) An individual, paid or unpaid, who, on the basis of the individual's role as an integral part of a regularly scheduled program, activity, or service, accepts responsibility for a child. ``(K) Other individuals, as the applicable State law or statewide program may require. 5. APPROACHES AND TECHNIQUES TO IMPROVE REPORTING. (c) Adoption of Recommendations.--Section 107(e)(1) of such Act (42 U.S.C. 6. 7. REPORTS. 8. COMMUNITY-BASED GRANTS. 5116d) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) an assurance that the State has in effect a State law for mandatory reporting described in section 106(b)(2)(B)(i).''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act takes effect on the date of enactment of this Act.

S.5313

Housing and Community Development

Excess Urban Heat Mitigation Act of 2022 This bill requires the Department of Housing and Urban Development to establish a grant program for state, tribal, and local governments; metropolitan planning organizations; and certain nonprofits (or consortia of nonprofits) to carry out activities to mitigate heat in urban areas.

To require the Secretary of Housing and Urban Development to establish an excess urban heat mitigation 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 ``Excess Urban Heat Mitigation Act of 2022''. SEC. 2. FINDINGS. Congress finds the following: (1) Heat stress is a leading weather-related cause of death in the United States, with more than 600 people killed in the United States by extreme heat every year, and many more experiencing respiratory problems and heat-related illness. (2) Urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment, including manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (3) Underserved communities are disproportionately impacted by extreme heat. In the United States, low-income census blocks have 15.2 percent less tree cover and an average land surface temperature that is 1.5 degrees Celsius hotter than high-income blocks. (4) Studies show that in 97 percent of the largest urbanized areas in the United States, people of color live in census tracts with higher surface urban heat intensity than non-Hispanic Whites, indicating that heat exposure is unequally distributed by race. (5) Urban heat is not only a public health threat but also an economic one, as rising heat leads to increased roadway maintenance costs, higher residential and commercial summer energy costs, and lost labor productivity, as well as the cost to patients and health care infrastructure for heat-related hospitalizations and emergency department visits. (6) Excess urban heat causes increased energy consumption, elevated emission of air pollutants and greenhouse gases, and impaired water quality. (7) Heat waves are expected to not only occur more frequently in the United States but also be of longer duration, lasting 10 to 20 days longer by the end of the century. (8) Solutions exist that communities can implement now to mitigate the challenge of urban heat. One example is the planting of urban trees to offset or reverse the urban heat island effect. Studies in multiple cities in the United States have shown that urban trees can offset projected increases in heat-related mortality in 2050 by 40 to 99 percent. SEC. 3. DEFINITIONS. In this Act: (1) Covered census tract.--The term ``covered census tract'' means a census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018, including such a census tract that includes an area that was designated as ``hazardous'' or ``definitely declining'' in maps drawn by the Home Owners' Loan Corporation. (2) Covered grant.--The term ``covered grant'' means a grant awarded under section 4(a). (3) Eligible entity.--The term ``eligible entity'' means-- (A) a State (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)); (B) a metropolitan planning organization; (C) a unit of general local government (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)); (D) an Indian tribe (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)); (E) a territorial government; (F) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (E); and (G) a consortium of nonprofit organizations. (4) Eligible project.--The term ``eligible project''-- (A) means a project designed to mitigate heat in an urban area by-- (i) working to combat the causes of higher temperatures; or (ii) mitigating the impacts of higher temperatures or other extreme weather events; and (B) includes the implementation, construction, or maintenance of-- (i) tree planting and maintenance with, wherever possible, preference for-- (I) native tree species; (II) tree species with high shade production and carbon sequestration; and (III) tree species that provide edible fruit and nuts; (ii) cool pavements; (iii) cool roofs; (iv) green roofs; (v) bus stop shelters; (vi) shade structures; (vii) cooling centers with, wherever possible, preference for-- (I) cooling centers that collaborate with existing community centers and spaces; (II) cooling centers with year- round accessibility; and (III) cooling centers that utilize renewable energy; (viii) community gardens, including agroforestry practices; (ix) outreach to communities about resources available under this section; (x) local heat mitigation education efforts; or (xi) other actions the Secretary determines appropriate to address or mitigate excess urban heat. (5) Environmental justice.--The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, income, and educational levels with respect to the development, implementation, and enforcement of protective environmental laws, regulations, and policies. (6) Excess urban heat effect.--The term ``excess urban heat effect'' means the phenomenon of local urban warming, resulting from manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (7) Extreme heat.--The term ``extreme heat'' means a prolonged period of excessively hot weather, with temperatures well above climatological normals for a given location and season. (8) Nonprofit organization.--The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (9) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. (10) Urban area.--The term ``urban area'' has the meaning given the term in section 101(a) of title 23, United States Code. SEC. 4. URBAN HEAT MITIGATION GRANT PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Office of Community Planning and Development, in coordination with the Administrator of the Environmental Protection Agency, the Chief of the Forest Service, and the Director of the Climate Program Office of the National Oceanic and Atmospheric Administration, shall establish an urban heat mitigation grant program to award grants to eligible entities to implement eligible projects. (b) Set-Aside.--Not less than 75 percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract. (c) Technical Assistance.-- (1) In general.--Not more than 3 percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant. (2) Preference.--In providing technical assistance under paragraph (1), the Secretary shall give preference to eligible entities that intend to serve communities-- (A) located in a covered census tract; or (B) with lower-tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (3) Inclusions.--Technical assistance provided under paragraph (1) may include-- (A) assistance developing a complete application; (B) financial analysis and budget development; (C) support for project integration; (D) assessment of project readiness; and (E) technical assistance implementing activities once a covered grant is received. (d) Application.-- (1) In general.--An eligible entity desiring a covered grant shall submit to the Secretary an application, at such time and in such manner as required by the Secretary in guidance, that includes, at a minimum-- (A) how the eligible entity will use the covered grant; (B) how the eligible projects funded will combat extreme heat or excess urban heat effects and improve quality of life for impacted communities; (C) a robust engagement plan that-- (i) outlines how the eligible entity will meaningfully engage with the communities in which the eligible projects take place throughout project implementation; and (ii) demonstrates how the eligible entity plans to-- (I) foster meaningful, reciprocal relationships with community-based organizations; (II) engage in respectful, good- faith consultation with diverse community stakeholders; and (III) empower members of the community to participate in decision making; and (D) how the eligible entity will address the intersection between human health, environment, and built environment. (2) Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue the guidance described in paragraph (1). (e) Matching Requirement.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out with amounts from a covered grant shall be not more than 80 percent. (2) Waiver.--The Secretary may increase the maximum Federal share described in paragraph (1) from 80 percent to 100 percent for an eligible project carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (f) Priority.--In awarding covered grants, the Secretary shall give priority to an eligible entity that serves-- (1) a community located in a covered census tract; or (2) a community with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (g) Reporting Requirement.--The Secretary shall submit an annual report to Congress that identifies the recipients of covered grants and the geographic and economic distribution of those recipients. (h) Oversight.-- (1) In general.--In order to ensure the effectiveness of projects that are carried out using covered grants, the Secretary shall use not more than 5 percent of any amounts appropriated to carry out this section to establish an oversight board to help-- (A) select recipients of covered grants; and (B) review the progress made by recipients of covered grants on a yearly basis. (2) Evaluation.--The board established under paragraph (1) shall-- (A) develop and apply a rubric to evaluate the success of projects carried out using covered grants in reaching their objective to combat the causes and effects of excess urban heat; and (B) serve the Secretary in an advisory capacity. (3) Membership.-- (A) In general.--Members of the board established under paragraph (1) may include-- (i) representatives from the Environmental Protection Agency, particularly from the Heat Island Reduction Program; (ii) representatives from the Department of Health and Human Services, particularly from the Office of Climate Change and Health Equity; (iii) representatives from the Department of Energy, particularly from the Office of Energy Efficiency and Renewable Energy; (iv) representatives from the Department of Agriculture, particularly from the Urban and Community Forestry Program; (v) subject to subparagraph (B), representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice, as determined by the Secretary; and (vi) subject to subparagraph (B), representatives from academia and research studying the effects of and mitigation of excess urban heat, environmental justice, or related areas. (B) Certification required.--In order to be a member of the board established under paragraph (1), a representative described in clause (v) or (vi) of subparagraph (A) of this paragraph shall certify that the representative does possess any conflict of interest with respect to projects being considered for a covered grant or being carried out using a covered grant. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2030. <all>

Excess Urban Heat Mitigation Act of 2022

A bill to require the Secretary of Housing and Urban Development to establish an excess urban heat mitigaiton grant program, and for other purposes.

Excess Urban Heat Mitigation Act of 2022

Sen. Brown, Sherrod

D

OH

This bill requires the Department of Housing and Urban Development to establish a grant program for state, tribal, and local governments; metropolitan planning organizations; and certain nonprofits (or consortia of nonprofits) to carry out activities to mitigate heat in urban areas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Excess Urban Heat Mitigation Act of 2022''. 2. (2) Urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment, including manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (3) Underserved communities are disproportionately impacted by extreme heat. (5) Urban heat is not only a public health threat but also an economic one, as rising heat leads to increased roadway maintenance costs, higher residential and commercial summer energy costs, and lost labor productivity, as well as the cost to patients and health care infrastructure for heat-related hospitalizations and emergency department visits. 3. 5302)); (D) an Indian tribe (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)); (E) a territorial government; (F) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (E); and (G) a consortium of nonprofit organizations. (9) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. URBAN HEAT MITIGATION GRANT PROGRAM. (b) Set-Aside.--Not less than 75 percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract. (c) Technical Assistance.-- (1) In general.--Not more than 3 percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant. (3) Membership.-- (A) In general.--Members of the board established under paragraph (1) may include-- (i) representatives from the Environmental Protection Agency, particularly from the Heat Island Reduction Program; (ii) representatives from the Department of Health and Human Services, particularly from the Office of Climate Change and Health Equity; (iii) representatives from the Department of Energy, particularly from the Office of Energy Efficiency and Renewable Energy; (iv) representatives from the Department of Agriculture, particularly from the Urban and Community Forestry Program; (v) subject to subparagraph (B), representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice, as determined by the Secretary; and (vi) subject to subparagraph (B), representatives from academia and research studying the effects of and mitigation of excess urban heat, environmental justice, or related areas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Excess Urban Heat Mitigation Act of 2022''. 2. (2) Urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment, including manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (3) Underserved communities are disproportionately impacted by extreme heat. 3. 5302)); (E) a territorial government; (F) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (E); and (G) a consortium of nonprofit organizations. (9) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. URBAN HEAT MITIGATION GRANT PROGRAM. (b) Set-Aside.--Not less than 75 percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract. (c) Technical Assistance.-- (1) In general.--Not more than 3 percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant. (3) Membership.-- (A) In general.--Members of the board established under paragraph (1) may include-- (i) representatives from the Environmental Protection Agency, particularly from the Heat Island Reduction Program; (ii) representatives from the Department of Health and Human Services, particularly from the Office of Climate Change and Health Equity; (iii) representatives from the Department of Energy, particularly from the Office of Energy Efficiency and Renewable Energy; (iv) representatives from the Department of Agriculture, particularly from the Urban and Community Forestry Program; (v) subject to subparagraph (B), representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice, as determined by the Secretary; and (vi) subject to subparagraph (B), representatives from academia and research studying the effects of and mitigation of excess urban heat, environmental justice, or related areas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Excess Urban Heat Mitigation Act of 2022''. 2. FINDINGS. (2) Urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment, including manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (3) Underserved communities are disproportionately impacted by extreme heat. (5) Urban heat is not only a public health threat but also an economic one, as rising heat leads to increased roadway maintenance costs, higher residential and commercial summer energy costs, and lost labor productivity, as well as the cost to patients and health care infrastructure for heat-related hospitalizations and emergency department visits. (7) Heat waves are expected to not only occur more frequently in the United States but also be of longer duration, lasting 10 to 20 days longer by the end of the century. 3. DEFINITIONS. 5302)); (D) an Indian tribe (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)); (E) a territorial government; (F) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (E); and (G) a consortium of nonprofit organizations. (4) Eligible project.--The term ``eligible project''-- (A) means a project designed to mitigate heat in an urban area by-- (i) working to combat the causes of higher temperatures; or (ii) mitigating the impacts of higher temperatures or other extreme weather events; and (B) includes the implementation, construction, or maintenance of-- (i) tree planting and maintenance with, wherever possible, preference for-- (I) native tree species; (II) tree species with high shade production and carbon sequestration; and (III) tree species that provide edible fruit and nuts; (ii) cool pavements; (iii) cool roofs; (iv) green roofs; (v) bus stop shelters; (vi) shade structures; (vii) cooling centers with, wherever possible, preference for-- (I) cooling centers that collaborate with existing community centers and spaces; (II) cooling centers with year- round accessibility; and (III) cooling centers that utilize renewable energy; (viii) community gardens, including agroforestry practices; (ix) outreach to communities about resources available under this section; (x) local heat mitigation education efforts; or (xi) other actions the Secretary determines appropriate to address or mitigate excess urban heat. (5) Environmental justice.--The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, income, and educational levels with respect to the development, implementation, and enforcement of protective environmental laws, regulations, and policies. (9) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. URBAN HEAT MITIGATION GRANT PROGRAM. (b) Set-Aside.--Not less than 75 percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract. (c) Technical Assistance.-- (1) In general.--Not more than 3 percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant. (2) Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue the guidance described in paragraph (1). (g) Reporting Requirement.--The Secretary shall submit an annual report to Congress that identifies the recipients of covered grants and the geographic and economic distribution of those recipients. (3) Membership.-- (A) In general.--Members of the board established under paragraph (1) may include-- (i) representatives from the Environmental Protection Agency, particularly from the Heat Island Reduction Program; (ii) representatives from the Department of Health and Human Services, particularly from the Office of Climate Change and Health Equity; (iii) representatives from the Department of Energy, particularly from the Office of Energy Efficiency and Renewable Energy; (iv) representatives from the Department of Agriculture, particularly from the Urban and Community Forestry Program; (v) subject to subparagraph (B), representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice, as determined by the Secretary; and (vi) subject to subparagraph (B), representatives from academia and research studying the effects of and mitigation of excess urban heat, environmental justice, or related areas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Excess Urban Heat Mitigation Act of 2022''. 2. FINDINGS. (2) Urban areas are likely to experience higher temperatures than surrounding areas due to design-related attributes of the built environment, including manmade factors such as low solar reflectance, low tree cover, high building density, high impervious surface cover, and waste heat emissions. (3) Underserved communities are disproportionately impacted by extreme heat. (5) Urban heat is not only a public health threat but also an economic one, as rising heat leads to increased roadway maintenance costs, higher residential and commercial summer energy costs, and lost labor productivity, as well as the cost to patients and health care infrastructure for heat-related hospitalizations and emergency department visits. (6) Excess urban heat causes increased energy consumption, elevated emission of air pollutants and greenhouse gases, and impaired water quality. (7) Heat waves are expected to not only occur more frequently in the United States but also be of longer duration, lasting 10 to 20 days longer by the end of the century. Studies in multiple cities in the United States have shown that urban trees can offset projected increases in heat-related mortality in 2050 by 40 to 99 percent. 3. DEFINITIONS. 5302)); (D) an Indian tribe (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)); (E) a territorial government; (F) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (E); and (G) a consortium of nonprofit organizations. (4) Eligible project.--The term ``eligible project''-- (A) means a project designed to mitigate heat in an urban area by-- (i) working to combat the causes of higher temperatures; or (ii) mitigating the impacts of higher temperatures or other extreme weather events; and (B) includes the implementation, construction, or maintenance of-- (i) tree planting and maintenance with, wherever possible, preference for-- (I) native tree species; (II) tree species with high shade production and carbon sequestration; and (III) tree species that provide edible fruit and nuts; (ii) cool pavements; (iii) cool roofs; (iv) green roofs; (v) bus stop shelters; (vi) shade structures; (vii) cooling centers with, wherever possible, preference for-- (I) cooling centers that collaborate with existing community centers and spaces; (II) cooling centers with year- round accessibility; and (III) cooling centers that utilize renewable energy; (viii) community gardens, including agroforestry practices; (ix) outreach to communities about resources available under this section; (x) local heat mitigation education efforts; or (xi) other actions the Secretary determines appropriate to address or mitigate excess urban heat. (5) Environmental justice.--The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, income, and educational levels with respect to the development, implementation, and enforcement of protective environmental laws, regulations, and policies. (8) Nonprofit organization.--The term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (9) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development. SEC. 4. URBAN HEAT MITIGATION GRANT PROGRAM. (b) Set-Aside.--Not less than 75 percent of the amounts of covered grants awarded for a fiscal year shall be awarded to eligible entities to implement projects in a covered census tract. (c) Technical Assistance.-- (1) In general.--Not more than 3 percent of amounts appropriated to carry out this section may be used to provide technical assistance to eligible entities applying for or implementing a covered grant. (2) Guidance.--Not later than 180 days after the date of enactment of this Act, the Secretary shall issue the guidance described in paragraph (1). (2) Waiver.--The Secretary may increase the maximum Federal share described in paragraph (1) from 80 percent to 100 percent for an eligible project carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (f) Priority.--In awarding covered grants, the Secretary shall give priority to an eligible entity that serves-- (1) a community located in a covered census tract; or (2) a community with lower tree canopy and higher maximum daytime summer temperatures compared to surrounding communities, as determined by the Secretary, based on publicly available information. (g) Reporting Requirement.--The Secretary shall submit an annual report to Congress that identifies the recipients of covered grants and the geographic and economic distribution of those recipients. (h) Oversight.-- (1) In general.--In order to ensure the effectiveness of projects that are carried out using covered grants, the Secretary shall use not more than 5 percent of any amounts appropriated to carry out this section to establish an oversight board to help-- (A) select recipients of covered grants; and (B) review the progress made by recipients of covered grants on a yearly basis. (3) Membership.-- (A) In general.--Members of the board established under paragraph (1) may include-- (i) representatives from the Environmental Protection Agency, particularly from the Heat Island Reduction Program; (ii) representatives from the Department of Health and Human Services, particularly from the Office of Climate Change and Health Equity; (iii) representatives from the Department of Energy, particularly from the Office of Energy Efficiency and Renewable Energy; (iv) representatives from the Department of Agriculture, particularly from the Urban and Community Forestry Program; (v) subject to subparagraph (B), representatives from nonprofit organizations with proven leadership in urban heat mitigation or environmental justice, as determined by the Secretary; and (vi) subject to subparagraph (B), representatives from academia and research studying the effects of and mitigation of excess urban heat, environmental justice, or related areas. (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2023 through 2030.

H.R.4020

Crime and Law Enforcement

Drug Policy Reform Act of 2021 or the DPR Act of 2021 This bill transfers federal regulatory authority over controlled substances, eliminates federal penalties for some drug-related offenses, and removes some collateral consequences for certain criminal convictions. A collateral consequence is a penalty (e.g., a restriction on access to a program or service) imposed on an individual in addition to the penalty associated with the sentence. Specifically, the bill transfers regulatory authority over controlled substances from the Department of Justice to the Department of Health and Human Services (HHS). Additionally, the bill directs HHS to establish a commission to determine a benchmark amount of a controlled substance for personal use supply. The bill eliminates federal criminal and civil penalties for simple possession of a controlled substance in an amount equal to or less than the benchmark. Finally, the bill removes the collateral consequences of certain convictions. For example, the bill

To reform United States drug policy, 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 ``Drug Policy Reform Act of 2021'' or as the ``DPR Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) For most of the past century the United States has adopted increasingly punitive policies toward the possession, use, and distribution of drugs. Particularly in the last 50 years, the United States has built a massive regime to enforce those policies. (2) Congress and State legislatures have adopted increasingly harsh sentencing schemes such as mandatory minimums, established far-reaching and oppressive civil sanctions and collateral consequences, approved policies weakening the Fourth Amendment for drug searches and seizures, and fostered incentives for aggressive and militarized policing in the alleged pursuit of drugs. (3) Every year, there are more than 1.4 million arrests in the United States for drug-related offenses. In over 85 percent of those arrests, drug possession was the most serious offense. Drug arrests disproportionately impact people of color and more commonly occur in historically overpoliced, low-income communities. A criminal record, even for an arrest that did not result in a conviction, has a profound impact on individuals, often interrupting employment, housing, family relationships, child custody, and education. (4) A health-based approach to drug use and overdose is more effective, humane and cost-effective than criminal punishments. Subjecting people to criminal penalties, stigma, and other lasting collateral consequences because they use drugs is expensive, ruins lives, and can make access to treatment and recovery more difficult. (5) Despite high numbers of arrests and incarceration in the United States for drug possession, the number and rate of drug-involved overdose deaths has skyrocketed for over 20 years and continues at epidemic levels. In 2019, 70,630 people died by drug overdose in the United States. (6) Harm reduction services and voluntary, on-demand access to evidence-based substance use disorder treatment have proven highly effective in reducing overdose and the spread of communicable diseases like HIV and Hepatitis C, preventing drug-related injury, and improving health outcomes for people who use drugs. These services should be available on demand to anyone who requests it. (7) Far too many people who desire treatment face challenges that prevent them from accessing the services they want, including cost barriers, lack of providers, and long wait-lists. On-demand access to evidence-based treatment saves lives, reduces crime, and saves money. Barriers to treatment should be removed or minimized. (8) Criminalizing drug use and possession reduces the amount of resources available for harm reduction and treatment services and deters people from accessing available services due to fear of arrest. (9) Punitive policies have achieved no reduction in supplies or prices, but instead have created unnecessarily risky and harmful conditions for people who use drugs. (10) Punitive policies have led to militarized tactics that thwart the spirit of the constitution and have led to the deaths of countless Black and Brown people. Additionally, the drug war apparatus has cost the Federal Government hundreds of billions of dollars in direct enforcement and incarceration costs, and collateral impacts on the lives of those caught in its path. (11) While drug decriminalization cannot fully repair our broken and oppressive criminal legal system or the harms of an unregulated drug market, shifting from absolute prohibition to drug decriminalization helps restore individual liberty, protect against some police abuses, better assist those in need, and save tax dollars. (12) This concept is neither new nor radical. Other nations, including Portugal, have successfully decriminalized personal use quantities of drugs and achieved meaningful improvements in treating problematic drug use and reducing the harms of policing drugs. (13) In June 2021, the United States will mark the 50th anniversary of Congress' enactment of the Controlled Substances Act (21 U.S.C. 801 et seq.), which authorized and launched the harsh drug war policies sought by the Nixon Administration. In this moment, Congress must recognize the failed experiment in prohibition and move the country in a new direction. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the United States should-- (1) refocus its strategies for addressing substance use disorder and dangerous drug use from strategies focused on controlling and punishing unauthorized drug possession to a system that is health focused, evidence-based, and respectful of self-determination; (2) invest in harm-reduction services and substance use disorder treatment to help prevent overdose and other health risks, and strengthen connections to services that provide foundational social and economic support; and (3) pursue international treaties that expand flexibility for signatories to enact non-punitive strategies to address the health and safety of people who use drugs, including the decriminalization of the possession, purchase, or cultivation of personal use quantities of drugs. SEC. 4. SHIFT REGULATORY AUTHORITY. (a) Authority and Criteria for Classification of Substances.-- Section 201 of the Controlled Substances Act (21 U.S.C. 811) is amended by striking ``Attorney General'' and inserting ``Secretary of Health and Human Services'' each place it appears. (b) Removal of Exemption of Certain Drugs.--Section 204 of the Controlled Substances Act (21 U.S.C. 814) is amended by striking ``Attorney General'' and inserting ``Secretary of Health and Human Services'' each place it appears. (c) Transfer Plan.-- (1) Report to congress.--Not later than 180 days after the date of the enactment of this Act, the Attorney General and the Secretary of Health and Human Services shall jointly develop and submit to the Congress a plan for transferring information necessary to effect the transfer of classification responsibility required under this section. (2) Report to general services administration.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall transmit to the Administrator of the General Services Administration a report that specifies the property that is specific to the functions to be transferred to the Secretary of Health and Human Services pursuant to this section. SEC. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL USE POSSESSION. (a) In General.--Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended by adding at the end the following new subsection: ``(b) Personal Use Exception.--(1) A person possessing or using a controlled substance in an amount no greater than the benchmark amount (determined by the Commission on Substance Use, Health, and Safety established by the Drug Policy Reform Act of 2021) shall not be subject to a criminal or civil penalty under this section. ``(2) The suspected possession or use of a controlled substance in an amount no greater than the benchmark amount (determined by the Commission on Substance Use, Health, and Safety established by the Drug Policy Reform Act of 2021) shall not constitute a basis for detaining, searching, arresting, questioning or surveilling any person, or seizing property including, controlled substances and any items used for the ingestion, consumption, preparation, packaging, or storage of a controlled substance. ``(3) The suspected possession or use of a controlled substance in an amount no greater than the benchmark amount shall not constitute a basis for any referral to any immigration enforcement agency, U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (c) Repeal.--Section 405 of the Controlled Substances Act (21 U.S.C. 844a) is repealed. SEC. 6. COMMISSION ON SUBSTANCE USE, HEALTH, AND SAFETY. (a) Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a ``Commission on Substance Use, Health, and Safety'' (hereinafter known as the ``Commission''). (b) Purpose.-- (1) Benchmarks.-- (A) In general.--The Commission under paragraph (1) shall determine a benchmark amount for a controlled substance. The Commission shall consist of people with current or past substance use needs and qualified persons in the fields of general and behavioral healthcare, harm reduction, and substance use disorder treatment. Priority shall be given to people who have lived experience with substance use needs the quantity of drug commonly possessed by an individual benchmark personal use supply, for controlled substances. (B) Duties.--The Commission shall consider the following in developing the benchmarks under subparagraph (A)-- (i) common patterns of use by typical consumers of the drug; (ii) differences in commonly possessed quantities resulting from factors relating to geography, income, employment, and other related demographic characteristics; and (iii) differences in commonly possessed quantities resulting from varying modes of use. (2) Reduced criminalization.--Benchmarks advised by the Commission under subparagraph (A) shall be developed consistent with the intent of this Act to reduce criminalization of personal drug use. (c) Membership.--The Commission under subsection (a) shall be composed of at least 18 members and shall include: (1) Voting members.-- (A) Four individuals who have either used controlled substances or are using controlled substances on the date of the enactment of this Act. (B) Two members of communities that have been disproportionately impacted by arrests, prosecution or sentencing for drug offenses. (C) One peer support specialist. (D) A harm reduction service provider. (E) A person specializing in housing services for people with substance use needs or mental health needs. (F) A physician specializing in addiction medicine and with expertise in the treatment of opioid use disorders with methadone or buprenorphine. (G) A provider of evidence-based substance use disorder treatment. (H) A provider of evidence-based services for people with co-occurring mental health and substance use needs. (I) A licensed clinical social worker with expertise in providing intensive case management to people with substance use needs. (J) A person who works for a nonprofit organization that advocates for persons with substance use needs. (K) An expert on legal reform who is not a law enforcement officer. (L) An academic researcher specializing in drug use or drug policy. (M) A person who represents the needs of and concerns of Indigenous communities. (2) Non-voting member.--A designee of a State Health Agency shall serve on the Commission as a non-voting member. (d) Terms.--A member of the Commission shall serve for a term of three years and may be reappointed by the Secretary for additional terms thereafter. (e) Meetings.--Not later than 180 days after the date of the enactment of this Act, and at minimum four times per calendar year thereafter, the Commission shall convene to establish and review the benchmarks established under paragraph (2) and make any necessary amendments or further guidance with respect to the responsibilities of the Commission. (f) Reporting.-- (1) Personal use guidelines.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall publish online on the internet website of the Department of Health and Human Services a report on personal use guidelines, including-- (A) guidelines for the benchmark personal use supply for each drug; and (B) recommendations for preventing the prosecution of individuals possessing, distributing, or dispensing personal use quantities of each drug for purposes of subsistence distribution. (2) Report to department of justice.--Not later than one year after the date of the enactment of this Act, the report on personal use guidelines published under paragraph (1) shall be transmitted to the Attorney General. (3) Report to congress.--Not later than one year after the date of the enactment of this Act the report on personal use guidelines published under paragraph (1) shall be transmitted to the Attorney General. (4) Report to the federal courts.--Not later than one year after the date of the enactment of this Act, the report on personal use guidelines published under paragraph (1) shall be transmitted to each Federal district court. (5) Report to the chief law enforcement officer of each state.--Not later than one year after the date of the enactment of this Act, the report on personal use guidelines published under paragraph (1) shall be transmitted to each chief law enforcement officer of each State. (g) Definitions.--In this subsection: (1) Benchmark personal use supply.--The term ``benchmark personal use supply'' means the amount of a drug commonly possessed for consumption by an individual for any therapeutic, medicinal, recreational purpose. (2) Controlled substance.--The term ``controlled substance'' shall have the same meaning given such term in section 102 of the Controlled Substances Act (21 U.S.C. 802). (3) Subsistence distribution.--The term ``subsistence distribution'' means the unlawful distribution or dispensing of a drug by a person in quantities consistent with supporting that person's drug addiction or ensuring basic food and shelter necessary to support life, and possession of no more than a benchmark personal use supply. (4) Harm reduction services.--The term ``harm reduction services'' means services and policies that lessen the adverse consequences of drug use and protect public health, including but not limited to overdose prevention education, access to naloxone hydrochloride and sterile syringes, and stimulant- specific drug education and outreach. SEC. 7. EXPUNGEMENT AND SEALING OF RECORDS. (a) Automatic Sealing Certain Records.--Not later than one year after the date of the enactment of this Act, each Federal district court shall conduct a comprehensive review to identify individuals eligible to have a record of conviction or adjudication of juvenile delinquency that may be sealed pursuant to this Act and shall issue an order expunging each conviction or adjudication for a Federal offense entered by each Federal court in the district for a conviction of possession of a controlled substance in an amount equal to or less than the benchmark amount established under this Act. (b) Arrests.--The Federal court shall issue an order expunging any arrest by a Federal law enforcement agency with respect to an expunged conviction or adjudication of juvenile delinquency under subsection (a). (c) Effect of Expungement.--An individual who has had an arrest, conviction, or adjudication of juvenile delinquency expunged under this section-- (1) may treat the arrest, conviction, or adjudication as if it never occurred; and (2) shall be immune from any civil or criminal penalties related to perjury, false swearing, or false statements, for a failure to disclose such arrest, conviction, or adjudication. (d) Notification.--To the extent practicable, each Federal district court shall notify each individual whose arrest, conviction, or adjudication of juvenile delinquency has been expunged under this section and the effect of such expungement. (e) Right To Petition for Sealing.--After the date of the enactment of this Act, an individual with a conviction or adjudication of juvenile delinquency for an eligible offense not sealed pursuant to subsection (a) may file a motion for expungement. If the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this Act, the court shall expunge the conviction or adjudication, and any associated arrests. If the individual is indigent, counsel shall be appointed to represent the individual in any proceedings under this subsection. (f) Fees Prohibited.--No fee shall be imposed for filing a petition or any proceeding provided for under this section. (g) Expunge Defined.--In this subsection, the term ``expunge'' means, with respect to an arrest, a conviction, or adjudication of juvenile delinquency, the removal of the record of such arrest, conviction, or adjudication from each official index and public record. SEC. 8. RELIEF FOR INDIVIDUALS INCARCERATED OR ON SUPERVISION FOR CERTAIN DRUG CONVICTIONS. (a) In General.--Not later than 30 days after the date of the enactment of this Act, an individual under a criminal justice sentence for an eligible offense, the court that imposed the sentence shall conduct a sentencing review hearing. (b) Results of a Sentencing Hearing.--Following a sentencing review hearing under subsection (a), a court shall: (1) Vacate the existing sentence or disposition of juvenile delinquency for any eligible offense. (2) Order that all records related to a conviction or adjudication of juvenile delinquency that has been vacated be sealed and only be made available by further order of the court. (c) Indigent Representation.--If the individual is indigent, counsel shall be appointed to represent the individual in any sentencing review proceedings under this section. SEC. 9. ELIMINATING COLLATERAL CONSEQUENCES OF DRUG POSSESSION CONVICTIONS. (a) Drug Testing for Federal Benefits.--No person shall be denied access to or prohibited from receiving any Federal benefit, program, or supportive service otherwise available on the basis of having been previously convicted of or having a pending criminal case involving the possession of a controlled substance. (b) Food Benefits and Family Assistance.--Section 421a of the Controlled Substances Act (21 U.S.C. 862a) is repealed. (c) Prohibiting Denial of Housing Assistance.-- (1) In general.--Notwithstanding any other provision of law, an applicant shall be denied assistance, evicted, or considered ineligible for housing assistance under title 8 of the Civil Rights Act of 1968 by reason of possession of a controlled substance. (2) Repeal.--Section 6(t) of the United States Housing Act of 1937 (42 U.S.C. 1437d(t)) is repealed. (d) Other Federal Benefits.--Section 421(b) of the Controlled Substances Act (21 U.S.C. 862(b)) is repealed. (e) Eliminate Immigration and Removal Consequences.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended by striking paragraph (43) and inserting the following new paragraph: ``(43) Aggravated felony.--The term `aggravated felony' means-- ``(A) murder, rape, or sexual abuse of a minor; ``(B) illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), including a drug trafficking crime (as defined in section 924(c) of title 18). ```except that no applicant shall be denied assistance, evicted, or deemed ineligible under this title by reason of conviction for possessing a controlled substance for personal use.'.''. (f) Drivers' Licenses of Individuals Convicted of Drug Offenses.-- Section 159 of title 23, United States Code, is repealed. SEC. 10. PROTECT VOTING RIGHTS. (a) Findings.--Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections: (A) The lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives. (B) Laws governing the restoration of voting rights after a criminal conviction vary throughout the country, and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently. (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) Two States (Maine and Vermont), the District of Columbia, and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all, but 48 States have laws that deny convicted individuals the right to vote while they are in prison. (6) In some States disenfranchisement results from varying State laws that restrict voting while individuals are under the supervision of the criminal justice system or after they have completed a criminal sentence. In 30 States, convicted individuals may not vote while they are on parole and 27 States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (7) Several States deny the right to vote to individuals convicted of certain misdemeanors. (8) An estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, currently cannot vote as a result of a felony conviction. Of the 5,200,000 citizens barred from voting, only 24 percent are in prison. By contrast, 75 percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who have completed their sentences remain disenfranchised due to restrictive State laws. In at least 6 States--Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia--more than 5 percent of the total voting-age population is disenfranchised. (9) In those States that disenfranchise individuals post- sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. More than 6 percent of the African-American voting-age population, or 1,800,000 African Americans, are disenfranchised. Currently, 1 of every 16 voting-age African Americans are rendered unable to vote because of felony disenfranchisement, which is a rate more than 3.7 times greater than non-African Americans. Over 6 percent of African-American adults are disenfranchised whereas only 1.7 percent of non-African Americans are. In 7 States (Alabama, 16 percent; Florida, 15 percent; Kentucky, 15 percent; Mississippi, 16 percent; Tennessee, 21 percent; Virginia, 16 percent; and Wyoming, 36 percent), more than 1 in 7 African Americans are unable to vote because of prior convictions, twice the national average for African Americans. (11) Latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 states Latinos are disenfranchised at a higher rate than the general population. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. (12) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (14) The United States is the only Western democracy that permits the permanent denial of voting rights for individuals with felony convictions. (b) Rights of Citizens.--The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense. (c) Enforcement.-- (1) Attorney general.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this section. (2) Private right of action.-- (A) In general.--A person who is aggrieved by a violation of this subsection may provide written notice of the violation to the chief election official of the State involved. (B) Relief.--Except as provided in clause (iii), if the violation is not corrected within 90 days after receipt of a notice under clause (i), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (C) Exception.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under clause (i) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. (d) Notification of Restoration of Voting Rights.-- (1) State notification.-- (A) Notification.--On the date determined under clause (ii), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 and may register to vote in any such election and provide such individual with any materials that are necessary to register to vote in any such election. (B) Date of notification.-- (i) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under clause (i) shall be given on the date on which the individual-- (I) is sentenced to serve only a term of probation; or (II) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (C) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under clause (ii) shall be given on the date on which such individual is sentenced by a State court. (2) Federal notification.-- (A) Notification.--Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with clause (ii) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 and may register to vote in any such election and provide such individual with any materials that are necessary to register to vote in any such election. (B) Date of notification.-- (i) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under clause (i) shall be given-- (I) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (II) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (ii) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under clause (i) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. (e) Relation to Other Laws.-- (1) State laws relating to voting rights.--Nothing in this section shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this section. (2) Certain federal acts.--The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (3) Federal prison funds.--No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual's rights under section 1403. (f) Prohibition on Civil Asset Forfeitures.--Section 413(a) of the Controlled Substances Act (21 U.S.C. 853(a)) is amended by striking ``one year'' and inserting ``one year, except a person possessing a quantity of controlled substance solely for personal consumption,''. SEC. 11. REINVEST FUNDS IN SUPPORTIVE PROGRAMS. (a) Drug Safety Grant Program.-- (1) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a grant program to support State and local efforts to expand access to substance abuse treatment, support harm-reduction services, and reduce the criminalization of individuals who use drugs by supporting the development or expansion of pre-arrest diversion programs. (2) Duties.--The grant program shall enhance programs that expand access to substance use treatment, enhance the safety of individuals who use drugs, and reduce the entry of individuals who use drugs into the criminal legal system. (3) Eligible entities.-- (A) In general.--An eligible entity for a grant under this paragraph shall be an existing agency or organization, whether government or community-based that are engaged in activities designed to promote the health and welfare of people who use drugs, facilitate the voluntary treatment of individuals with substance use disorder, provide assistance to individuals as an alternative to criminal prosecution, or provide alternatives to law enforcement first response services. (B) Exception.--A law enforcement entity or program that is led principally by a law enforcement entity are not eligible for grants provided by the program. (4) Use of funds.--An eligible entity under this paragraph may use grant funds for purposes of increasing access to-- (A) low barrier substance use disorder treatment that is evidence-informed, trauma-informed, culturally responsive, patient-centered, and non-judgmental (including medication assisted treatment); (B) harm reduction programs and systems for connecting individuals to harm reduction interventions, including but not limited to overdose prevention education, access to naloxone hydrochloride and sterile syringes, stimulant-specific drug education and outreach, drug-checking services; (C) peer support and recovery services; (D) non-police crisis-intervention and emergency response programs; (E) pre-arrest diversion programs; and (F) transitional, supportive, and permanent housing for persons with substance use disorder. (b) Findings and Intent.--Section 101 of the Controlled Substances Act (21 U.S.C. 801) is amended by striking paragraphs (1), (2), (3), (4), (5), (6), and (7) and inserting the following new paragraphs: ``(1) Evidence-based regulations and education focused on protecting the health and safety of individuals who use controlled substances are necessary to ensure the general welfare of American people. ``(2) Since the enactment of the Comprehensive Drug Abuse Prevention and Control Act of 1970 the United States has expended substantial sums of funding on controlling personal consumption of controlled substances while prohibiting many services that could help ensure the safety of the consumer drug products in common use and safer conditions for individuals who use drugs. The United States has spent over $1 trillion on drug control since enactment of the Act and continues to spend over $47 million annually. ``(3) Drug offenses are the leading cause of arrest in the United States, remaining largely unchanged from 2010-2019, during which time over 10 million arrests were made for drug possession. Black individuals are arrested at rates far higher than their representation in the population and in far greater numbers than individuals in other demographic groups. ``(4) Drug arrests have significant collateral consequences, interfering or denying access to education, employment, housing, child custody, immigration, and public benefits. ``(5) Drug control strategies focused on criminalizing personal use of drugs have not achieved reductions in the availability, prevalence of use, prices, or incidence of drug overdose. ``(6) The criminalization of people who use drugs reduces the availability of resources for evidence-based compassionate drug education, addiction health services, including substance abuse treatment and medication assisted treatment, and other services focused on the health and safety of consumers. ``(7) Federal regulation of controlled substances pursuant to this subchapter shall promote the health, safety and welfare of individuals who use drugs and seek to prevent the harms of criminalizing individual users of drugs.''. SEC. 12. EVIDENCE-BASED DRUG EDUCATION. (a) In General.--Notwithstanding any other provision of law, and not later than 180 days after the date of the enactment of this Act, the Attorney General shall transfer certain programs to the Secretary of Health and Human Services. (b) Federal Funds Prohibition.--Notwithstanding any other provision of law, no Federal funds may be used by the Attorney General for drug education programming, including public education related to drug use, unless that the Attorney General or designee may provide information to the Secretary of Health and Human Services in support of the Secretary's responsibilities pursuant to this section. (c) Personnel and Equipment.--Notwithstanding any provision of law, a transfer pursuant to paragraph (1) shall include any personnel and equipment exclusively responsible for the administration of the certain programs. (d) Certain Program Defined.--The term ``certain program'' means Federal programs including: (1) Access to recovery programs. (2) Block grants for prevention and treatment of substance abuse. (3) Community transformation grants. (4) Drug abuse and addiction research programs. (5) Enhance the safety of children affected by parental methamphetamine or other substance abuse. (6) Family connection grants. (7) Using family group decision-making to build protective factors for children and families. (8) Health improvement for reentering ex-offenders initiative. (9) Healthy start initiative. (10) HIV prevention activities nongovernmental organization based in the United States. (11) Maternal, infant and early childhood home visiting program. (12) Mentoring children of prisoners. (13) National all schedules prescription electronic reporting grant. (14) Project for assistance in transition from homelessness. (15) Promoting safe and stable homes. (16) Strategic prevention framework. (17) Substance abuse and mental health services projects of regional and national significance. (18) Urban Indian Health Services. (e) Public Education Regarding Drugs and Drug Use.--Notwithstanding any other provision of law, any Federal funds used for designing, administering, or supporting programs to provide education regarding drugs or drug use shall provide scientifically-accurate, culturally and gender competent, trauma-informed, and evidence-based information about drug use and effects that can help persons participating in such a program make healthy choices about substance use and develop personal and social strategies to manage the risks, benefits, and potential harms of substance use. (f) Improve Research on Impacts of Drug Criminalization and Enforcement.--Notwithstanding any other provision of law, and not later than one year after the date of the enactment of this Act, the Attorney General shall transfer programs with respect to drugs and crime to the Administrator of the Substance Abuse and Mental Health Services Administration to expand research on harms of criminalization and to study the effectiveness of non-prohibitionist models of ensuring the health and safety of individuals who use drugs. SEC. 13. DATA COLLECTION AND TRANSPARENCY. (a) Locality Data.--Not later than one year after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation make publicly available all available data, on a quarterly basis, regarding local enforcement of drug laws, including local arrests for drug possession and distribution offenses, possession of drug paraphernalia, public use or intoxication, loitering, and all other drug-related violations. (b) National Incident-Based Reporting System.--Not later than one year after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall make available on the internet website of the Federal Bureau of Investigation any data provided by localities to the National Incident-Based Reporting System, including any aggregate data reported regarding the alleged substances and quantities recovered, and demographic data for persons arrested. (c) Department of Justice Reporting.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Attorney General shall collect and make publicly available on the internet website of the Department of Justice information from any unit of local government that receives any Federal funding identifying expenditures on drug offense enforcement. SEC. 14. LIMITATION OF ELIGIBILITY FOR FUNDS. Beginning in the first fiscal year that begins after the date that is one year after the date of enactment of this Act, a State or unit of local government may not receive funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) or the under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) for a fiscal year if, on the day before the first day of the fiscal year, the State or unit of local government has a law in effect that establishes criminal penalties for the possession of an amount of a controlled substance consistent with personal use. SEC. 15. PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER FOR FEDERAL EMPLOYMENT. (a) In General.--Subpart H of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 92--PROHIBITION ON CRIMINAL HISTORY INQUIRIES PRIOR TO CONDITIONAL OFFER ``Sec. ``9201. Definitions. ``9202. Limitations on requests for criminal history record information. ``9203. Agency policies; complaint procedures. ``9204. Adverse action. ``9205. Procedures. ``9206. Rules of construction. ``Sec. 9201. Definitions ``In this chapter-- ``(1) the term `agency' means `Executive agency' as such term is defined in section 105 and includes-- ``(A) the United States Postal Service and the Postal Regulatory Commission; and ``(B) the Executive Office of the President; ``(2) the term `appointing authority' means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service; ``(3) the term `conditional offer' means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry; ``(4) the term `criminal history record information'-- ``(A) except as provided in subparagraphs (B) and (C), has the meaning given the term in section 9101(a); ``(B) includes any information described in the first sentence of section 9101(a)(2) that has been sealed or expunged pursuant to law; and ``(C) includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law); and ``(5) the term `suspension' has the meaning given the term in section 7501. ``Sec. 9202. Limitations on requests for criminal history record information ``(a) Inquiries Prior to Conditional Offer.--Except as provided in subsections (b) and (c), an employee of an agency may not request, in oral or written form (including through the Declaration for Federal Employment (Office of Personnel Management Optional Form 306) or any similar successor form, the USAJOBS internet website, or any other electronic means) that an applicant for an appointment to a position in the civil service disclose criminal history record information regarding the applicant before the appointing authority extends a conditional offer to the applicant. ``(b) Otherwise Required by Law.--The prohibition under subsection (a) shall not apply with respect to an applicant for a position in the civil service if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. ``(c) Exception for Certain Positions.-- ``(1) In general.--The prohibition under subsection (a) shall not apply with respect to an applicant for an appointment to a position-- ``(A) that requires a determination of eligibility described in clause (i), (ii), or (iii) of section 9101(b)(1)(A); ``(B) as a Federal law enforcement officer (as defined in section 115(c) of title 18); or ``(C) identified by the Director of the Office of Personnel Management in the regulations issued under paragraph (2). ``(2) Regulations.-- ``(A) Issuance.--The Director of the Office of Personnel Management shall issue regulations identifying additional positions with respect to which the prohibition under subsection (a) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions. ``(B) Compliance with civil rights laws.--The regulations issued under subparagraph (A) shall-- ``(i) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and ``(ii) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws. ``Sec. 9203. Agency policies; complaint procedures ``The Director of the Office of Personnel Management shall-- ``(1) develop, implement, and publish a policy to assist employees of agencies in complying with section 9202 and the regulations issued pursuant to such section; and ``(2) establish and publish procedures under which an applicant for an appointment to a position in the civil service may submit a complaint, or any other information, relating to compliance by an employee of an agency with section 9202. ``Sec. 9204. Adverse action ``(a) First Violation.--If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee of an agency has violated section 9202, the Director shall-- ``(1) issue to the employee a written warning that includes a description of the violation and the additional penalties that may apply for subsequent violations; and ``(2) file such warning in the employee's official personnel record file. ``(b) Subsequent Violations.--If the Director of the Office of Personnel Management determines, after notice and an opportunity for a hearing on the record, that an employee that was subject to subsection (a) has committed a subsequent violation of section 9202, the Director may take the following action: ``(1) For a second violation, suspension of the employee for a period of not more than 7 days. ``(2) For a third violation, suspension of the employee for a period of more than 7 days. ``(3) For a fourth violation-- ``(A) suspension of the employee for a period of more than 7 days; and ``(B) a civil penalty against the employee in an amount that is not more than $250. ``(4) For a fifth violation-- ``(A) suspension of the employee for a period of more than 7 days; and ``(B) a civil penalty against the employee in an amount that is not more than $500. ``(5) For any subsequent violation-- ``(A) suspension of the employee for a period of more than 7 days; and ``(B) a civil penalty against the employee in an amount that is not more than $1,000. ``Sec. 9205. Procedures ``(a) Appeals.--The Director of the Office of Personnel Management shall by rule establish procedures providing for an appeal from any adverse action taken under section 9204 by not later than 30 days after the date of the action. ``(b) Applicability of Other Laws.--An adverse action taken under section 9204 (including a determination in an appeal from such an action under subsection (a) of this section) shall not be subject to-- ``(1) the procedures under chapter 75; or ``(2) except as provided in subsection (a) of this section, appeal or judicial review. ``Sec. 9206. Rules of construction ``Nothing in this chapter may be construed to-- ``(1) authorize any officer or employee of an agency to request the disclosure of information described under subparagraphs (B) and (C) of section 9201(4); or ``(2) create a private right of action for any person.''. (b) Regulations; Effective Date.-- (1) Regulations.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall issue such regulations as are necessary to carry out chapter 92 of title 5, United States Code (as added by this Act). (2) Effective date.--Section 9202 of title 5, United States Code (as added by this Act), shall take effect on the date that is 2 years after the date of enactment of this Act. (c) Technical and Conforming Amendment.--The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 91 the following: ``92. Prohibition on criminal history inquiries prior to 9201''. conditional offer. (d) Application to Legislative Branch.-- (1) In general.--The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended-- (A) in section 102(a) (2 U.S.C. 1302(a)), by adding at the end the following: ``(12) Section 9202 of title 5, United States Code.''; (B) by redesignating section 207 (2 U.S.C. 1317) as section 208; and (C) by inserting after section 206 (2 U.S.C. 1316) the following new section: ``SEC. 207. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY INQUIRIES. ``(a) Definitions.--In this section, the terms `agency', `criminal history record information', and `suspension' have the meanings given the terms in section 9201 of title 5, United States Code, except as otherwise modified by this section. ``(b) Restrictions on Criminal History Inquiries.-- ``(1) In general.-- ``(A) In general.--Except as provided in subparagraph (B), an employee of an employing office may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5, United States Code, if made by an employee of an agency. ``(B) Conditional offer.--For purposes of applying that section 9202 under subparagraph (A), a reference in that section 9202 to a conditional offer shall be considered to be an offer of employment as a covered employee that is conditioned upon the results of a criminal history inquiry. ``(2) Rules of construction.--The provisions of section 9206 of title 5, United States Code, shall apply to employing offices, consistent with regulations issued under subsection (d). ``(c) Remedy.-- ``(1) In general.--The remedy for a violation of subsection (b)(1) shall be such remedy as would be appropriate if awarded under section 9204 of title 5, United States Code, if the violation had been committed by an employee of an agency, consistent with regulations issued under subsection (d), except that the reference in that section to a suspension shall be considered to be a suspension with the level of compensation provided for a covered employee who is taking unpaid leave under section 202. ``(2) Process for obtaining relief.--An applicant for employment as a covered employee who alleges a violation of subsection (b)(1) may rely on the provisions of title IV (other than section 407 or 408, or a provision of this title that permits a person to obtain a civil action or judicial review), consistent with regulations issued under subsection (d). ``(d) Regulations To Implement Section.-- ``(1) In general.--Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Board shall, pursuant to section 304, issue regulations to implement this section. ``(2) Parallel with agency regulations.--The regulations issued under paragraph (1) shall be the same as substantive regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 to implement the statutory provisions referred to in subsections (a) through (c) except to the extent that the Board may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section. ``(e) Effective Date.--Section 102(a)(12) and subsections (a) through (c) shall take effect on the date on which section 9202 of title 5, United States Code, applies with respect to agencies.''. (2) Clerical amendments.-- (A) The table of contents in section 1(b) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) is amended-- (i) by redesignating the item relating to section 207 as the item relating to section 208; and (ii) by inserting after the item relating to section 206 the following new item: ``Sec. 207. Rights and protections relating to criminal history inquiries.''. (B) Section 62(e)(2) of the Internal Revenue Code of 1986 is amended by striking ``or 207'' and inserting ``207, or 208''. (e) Application to Judicial Branch.-- (1) In general.--Section 604 of title 28, United States Code, is amended by adding at the end the following: ``(i) Restrictions on Criminal History Inquiries.-- ``(1) Definitions.--In this subsection-- ``(A) the terms `agency' and `criminal history record information' have the meanings given those terms in section 9201 of title 5; ``(B) the term `covered employee' means an employee of the judicial branch of the United States Government, other than-- ``(i) any judge or justice who is entitled to hold office during good behavior; ``(ii) a United States magistrate judge; or ``(iii) a bankruptcy judge; and ``(C) the term `employing office' means any office or entity of the judicial branch of the United States Government that employs covered employees. ``(2) Restriction.--A covered employee may not request that an applicant for employment as a covered employee disclose criminal history record information if the request would be prohibited under section 9202 of title 5 if made by an employee of an agency. ``(3) Employing office policies; complaint procedure.--The provisions of sections 9203 and 9206 of title 5 shall apply to employing offices and to applicants for employment as covered employees, consistent with regulations issued by the Director to implement this subsection. ``(4) Adverse action.-- ``(A) Adverse action.--The Director may take such adverse action with respect to a covered employee who violates paragraph (2) as would be appropriate under section 9204 of title 5 if the violation had been committed by an employee of an agency. ``(B) Appeals.--The Director shall by rule establish procedures providing for an appeal from any adverse action taken under subparagraph (A) by not later than 30 days after the date of the action. ``(C) Applicability of other laws.--Except as provided in subparagraph (B), an adverse action taken under subparagraph (A) (including a determination in an appeal from such an action under subparagraph (B)) shall not be subject to appeal or judicial review. ``(5) Regulations to be issued.-- ``(A) In general.--Not later than 18 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Director shall issue regulations to implement this subsection. ``(B) Parallel with agency regulations.--The regulations issued under subparagraph (A) shall be the same as substantive regulations promulgated by the Director of the Office of Personnel Management under section 2(b)(1) of the Fair Chance to Compete for Jobs Act of 2019 except to the extent that the Director of the Administrative Office of the United States Courts may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this subsection. ``(6) Effective date.--Paragraphs (1) through (4) shall take effect on the date on which section 9202 of title 5 applies with respect to agencies.''. SEC. 16. PROHIBITION ON CRIMINAL HISTORY INQUIRIES BY CONTRACTORS PRIOR TO CONDITIONAL OFFER. (a) Civilian Agency Contracts.-- (1) In general.--Chapter 47 of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 4714. Prohibition on criminal history inquiries by contractors prior to conditional offer ``(a) Limitation on Criminal History Inquiries.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), an executive agency-- ``(A) may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and ``(B) shall require, as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally, or through written form, request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before the contractor extends a conditional offer to the applicant. ``(2) Otherwise required by law.--The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. ``(3) Exception for certain positions.-- ``(A) In general.--The prohibition under paragraph (1) does not apply with respect to-- ``(i) a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or ``(ii) a position that the Administrator of General Services identifies under the regulations issued under subparagraph (B). ``(B) Regulations.-- ``(i) Issuance.--Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Administrator of General Services, in consultation with the Secretary of Defense, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph (1) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions. ``(ii) Compliance with civil rights laws.-- The regulations issued under clause (i) shall-- ``(I) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and ``(II) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws. ``(b) Complaint Procedures.--The Administrator of General Services shall establish and publish procedures under which an applicant for a position with a Federal contractor may submit to the Administrator a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B). ``(c) Action for Violations of Prohibition on Criminal History Inquiries.-- ``(1) First violation.--If the head of an executive agency determines that a contractor has violated subsection (a)(1)(B), such head shall-- ``(A) notify the contractor; ``(B) provide 30 days after such notification for the contractor to appeal the determination; and ``(C) issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations. ``(2) Subsequent violation.--If the head of an executive agency determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), such head shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor's history of violations, including-- ``(A) providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section; ``(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and ``(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section. ``(d) Definitions.--In this section: ``(1) Conditional offer.--The term `conditional offer' means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry. ``(2) Criminal history record information.--The term `criminal history record information' has the meaning given that term in section 9201 of title 5.''. (2) Clerical amendment.--The table of sections for chapter 47 of title 41, United States Code, is amended by adding at the end the following new item: ``4714. Prohibition on criminal history inquiries by contractors prior to conditional offer.''. (3) Effective date.--Section 4714 of title 41, United States Code, as added by paragraph (1), shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section 2(b)(2) of this Act. (b) Defense Contracts.-- (1) In general.--Chapter 137 of title 10, United States Code, is amended by inserting after section 2338 the following new section: ``Sec. 2339. Prohibition on criminal history inquiries by contractors prior to conditional offer ``(a) Limitation on Criminal History Inquiries.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), the head of an agency-- ``(A) may not require that an individual or sole proprietor who submits a bid for a contract to disclose criminal history record information regarding that individual or sole proprietor before determining the apparent awardee; and ``(B) shall require as a condition of receiving a Federal contract and receiving payments under such contract that the contractor may not verbally or through written form request the disclosure of criminal history record information regarding an applicant for a position related to work under such contract before such contractor extends a conditional offer to the applicant. ``(2) Otherwise required by law.--The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. ``(3) Exception for certain positions.-- ``(A) In general.--The prohibition under paragraph (1) does not apply with respect to-- ``(i) a contract that requires an individual hired under the contract to access classified information or to have sensitive law enforcement or national security duties; or ``(ii) a position that the Secretary of Defense identifies under the regulations issued under subparagraph (B). ``(B) Regulations.-- ``(i) Issuance.--Not later than 16 months after the date of enactment of the Fair Chance to Compete for Jobs Act of 2019, the Secretary of Defense, in consultation with the Administrator of General Services, shall issue regulations identifying additional positions with respect to which the prohibition under paragraph (1) shall not apply, giving due consideration to positions that involve interaction with minors, access to sensitive information, or managing financial transactions. ``(ii) Compliance with civil rights laws.-- The regulations issued under clause (i) shall-- ``(I) be consistent with, and in no way supersede, restrict, or limit the application of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) or other relevant Federal civil rights laws; and ``(II) ensure that all hiring activities conducted pursuant to the regulations are conducted in a manner consistent with relevant Federal civil rights laws. ``(b) Complaint Procedures.--The Secretary of Defense shall establish and publish procedures under which an applicant for a position with a Department of Defense contractor may submit a complaint, or any other information, relating to compliance by the contractor with subsection (a)(1)(B). ``(c) Action for Violations of Prohibition on Criminal History Inquiries.-- ``(1) First violation.--If the Secretary of Defense determines that a contractor has violated subsection (a)(1)(B), the Secretary shall-- ``(A) notify the contractor; ``(B) provide 30 days after such notification for the contractor to appeal the determination; and ``(C) issue a written warning to the contractor that includes a description of the violation and the additional remedies that may apply for subsequent violations. ``(2) Subsequent violations.--If the Secretary of Defense determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), the Secretary shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor's history of violations, including-- ``(A) providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section; ``(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and ``(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section. ``(d) Definitions.--In this section: ``(1) Conditional offer.--The term `conditional offer' means an offer of employment for a position related to work under a contract that is conditioned upon the results of a criminal history inquiry. ``(2) Criminal history record information.--The term `criminal history record information' has the meaning given that term in section 9201 of title 5.''. (2) Effective date.--Section 2339(a) of title 10, United States Code, as added by paragraph (1), shall apply with respect to contracts awarded pursuant to solicitations issued after the effective date described in section 2(b)(2) of this Act. (3) Clerical amendment.--The table of sections for chapter 137 of title 10, United States Code, is amended by inserting after the item relating to section 2338 the following new item: ``2339. Prohibition on criminal history inquiries by contractors prior to conditional offer.''. (c) Revisions to Federal Acquisition Regulation.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation to implement section 4714 of title 41, United States Code, and section 2339 of title 10, United States Code, as added by this section. (2) Consistency with office of personnel management regulations.--The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation under paragraph (1) to be consistent with the regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) to the maximum extent practicable. The Council shall include together with such revision an explanation of any substantive modification of the Office of Personnel Management regulations, including an explanation of how such modification will more effectively implement the rights and protections under this section. SEC. 17. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN FEDERAL PRISONS. (a) Definition.--In this section, the term ``covered individual''-- (1) means an individual who has completed a term of imprisonment in a Federal prison for a Federal criminal offense; and (2) does not include an alien who is or will be removed from the United States for a violation of the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)). (b) Study and Report Required.--The Director of the Bureau of Justice Statistics, in coordination with the Director of the Bureau of the Census, shall-- (1) not later than 180 days after the date of enactment of this Act, design and initiate a study on the employment of covered individuals after their release from Federal prison, including by collecting-- (A) demographic data on covered individuals, including race, age, and sex; and (B) data on employment and earnings of covered individuals who are denied employment, including the reasons for the denials; and (2) not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, submit a report that does not include any personally identifiable information on the study conducted under paragraph (1) to-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Health, Education, Labor, and Pensions of the Senate; (C) the Committee on Oversight and Reform of the House of Representatives; and (D) the Committee on Education and Labor of the House of Representatives. SEC. 18. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 19. DEFINITIONS. In this Act: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Criminal justice sentence.--The term ``criminal justice sentence'' means any requirement imposed pursuant to a sentence, including incarceration, supervised release, parole, or probation. (3) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (4) Eligible offense.--The term ``eligible offense'' means an offense for a controlled substances with respect to an amount that is lower than the benchmark determined by the Commission on Substance Use, Health, and Safety established under section 6 of this Act. (5) Federal office.--The term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (6) Indigenous communities.--The term ``Indigenous communities'' includes each of the Federally recognized Indian tribes. (7) Probation.--The term ``probation'' means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning-- (A) the individual's freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. <all>

Drug Policy Reform Act of 2021

To reform United States drug policy, and for other purposes.

Drug Policy Reform Act of 2021

Rep. Watson Coleman, Bonnie

D

NJ

This bill transfers federal regulatory authority over controlled substances, eliminates federal penalties for some drug-related offenses, and removes some collateral consequences for certain criminal convictions. A collateral consequence is a penalty (e.g., a restriction on access to a program or service) imposed on an individual in addition to the penalty associated with the sentence. Specifically, the bill transfers regulatory authority over controlled substances from the Department of Justice to the Department of Health and Human Services (HHS). Additionally, the bill directs HHS to establish a commission to determine a benchmark amount of a controlled substance for personal use supply. The bill eliminates federal criminal and civil penalties for simple possession of a controlled substance in an amount equal to or less than the benchmark. Finally, the bill removes the collateral consequences of certain convictions. For example, the bill

To reform United States drug policy, and for other purposes. SHORT TITLE. 2. 3. SENSE OF CONGRESS. 4. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL USE POSSESSION. 6. (M) A person who represents the needs of and concerns of Indigenous communities. (d) Terms.--A member of the Commission shall serve for a term of three years and may be reappointed by the Secretary for additional terms thereafter. 7. If the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this Act, the court shall expunge the conviction or adjudication, and any associated arrests. If the individual is indigent, counsel shall be appointed to represent the individual in any proceedings under this subsection. (d) Other Federal Benefits.--Section 421(b) of the Controlled Substances Act (21 U.S.C. 10. PROTECT VOTING RIGHTS. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. EVIDENCE-BASED DRUG EDUCATION. (a) In General.--Notwithstanding any other provision of law, and not later than 180 days after the date of the enactment of this Act, the Attorney General shall transfer certain programs to the Secretary of Health and Human Services. Definitions. ``9202. Agency policies; complaint procedures. Adverse action. ``(5) For any subsequent violation-- ``(A) suspension of the employee for a period of more than 7 days; and ``(B) a civil penalty against the employee in an amount that is not more than $1,000. ``(2) Otherwise required by law.--The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. (2) Consistency with office of personnel management regulations.--The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation under paragraph (1) to be consistent with the regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) to the maximum extent practicable. 18. DETERMINATION OF BUDGETARY EFFECTS. SEC.

To reform United States drug policy, and for other purposes. SHORT TITLE. 2. 3. SENSE OF CONGRESS. 4. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL USE POSSESSION. 6. (M) A person who represents the needs of and concerns of Indigenous communities. (d) Terms.--A member of the Commission shall serve for a term of three years and may be reappointed by the Secretary for additional terms thereafter. 7. If the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this Act, the court shall expunge the conviction or adjudication, and any associated arrests. If the individual is indigent, counsel shall be appointed to represent the individual in any proceedings under this subsection. (d) Other Federal Benefits.--Section 421(b) of the Controlled Substances Act (21 U.S.C. 10. PROTECT VOTING RIGHTS. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. EVIDENCE-BASED DRUG EDUCATION. (a) In General.--Notwithstanding any other provision of law, and not later than 180 days after the date of the enactment of this Act, the Attorney General shall transfer certain programs to the Secretary of Health and Human Services. Definitions. ``9202. Agency policies; complaint procedures. Adverse action. ``(5) For any subsequent violation-- ``(A) suspension of the employee for a period of more than 7 days; and ``(B) a civil penalty against the employee in an amount that is not more than $1,000. ``(2) Otherwise required by law.--The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. (2) Consistency with office of personnel management regulations.--The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation under paragraph (1) to be consistent with the regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) to the maximum extent practicable. 18. DETERMINATION OF BUDGETARY EFFECTS. SEC.

To reform United States drug policy, and for other purposes. SHORT TITLE. 2. These services should be available on demand to anyone who requests it. 3. SENSE OF CONGRESS. 4. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL USE POSSESSION. 6. (C) One peer support specialist. (D) A harm reduction service provider. (M) A person who represents the needs of and concerns of Indigenous communities. (d) Terms.--A member of the Commission shall serve for a term of three years and may be reappointed by the Secretary for additional terms thereafter. 7. If the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this Act, the court shall expunge the conviction or adjudication, and any associated arrests. If the individual is indigent, counsel shall be appointed to represent the individual in any proceedings under this subsection. 8. (d) Other Federal Benefits.--Section 421(b) of the Controlled Substances Act (21 U.S.C. 10. PROTECT VOTING RIGHTS. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. (2) Federal notification.-- (A) Notification.--Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with clause (ii) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 and may register to vote in any such election and provide such individual with any materials that are necessary to register to vote in any such election. (B) Exception.--A law enforcement entity or program that is led principally by a law enforcement entity are not eligible for grants provided by the program. 12. EVIDENCE-BASED DRUG EDUCATION. (a) In General.--Notwithstanding any other provision of law, and not later than 180 days after the date of the enactment of this Act, the Attorney General shall transfer certain programs to the Secretary of Health and Human Services. (2) Block grants for prevention and treatment of substance abuse. LIMITATION OF ELIGIBILITY FOR FUNDS. ``9201. Definitions. ``9202. Agency policies; complaint procedures. ``9204. Adverse action. ``(5) For any subsequent violation-- ``(A) suspension of the employee for a period of more than 7 days; and ``(B) a civil penalty against the employee in an amount that is not more than $1,000. 3) is amended-- (i) by redesignating the item relating to section 207 as the item relating to section 208; and (ii) by inserting after the item relating to section 206 the following new item: ``Sec. 16. ``(2) Subsequent violation.--If the head of an executive agency determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), such head shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor's history of violations, including-- ``(A) providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section; ``(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and ``(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section. ``(2) Otherwise required by law.--The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. 2000e et seq.) (2) Consistency with office of personnel management regulations.--The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation under paragraph (1) to be consistent with the regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) to the maximum extent practicable. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN FEDERAL PRISONS. 18. DETERMINATION OF BUDGETARY EFFECTS. SEC. (4) Eligible offense.--The term ``eligible offense'' means an offense for a controlled substances with respect to an amount that is lower than the benchmark determined by the Commission on Substance Use, Health, and Safety established under section 6 of this Act.

To reform United States drug policy, and for other purposes. SHORT TITLE. 2. FINDINGS. (4) A health-based approach to drug use and overdose is more effective, humane and cost-effective than criminal punishments. In 2019, 70,630 people died by drug overdose in the United States. These services should be available on demand to anyone who requests it. 3. SENSE OF CONGRESS. 4. 5. ELIMINATE CRIMINAL PENALTIES FOR PERSONAL USE POSSESSION. 844a) is repealed. 6. (C) One peer support specialist. (D) A harm reduction service provider. (M) A person who represents the needs of and concerns of Indigenous communities. (d) Terms.--A member of the Commission shall serve for a term of three years and may be reappointed by the Secretary for additional terms thereafter. 7. If the expungement of such a conviction or adjudication of juvenile delinquency is required pursuant to this Act, the court shall expunge the conviction or adjudication, and any associated arrests. If the individual is indigent, counsel shall be appointed to represent the individual in any proceedings under this subsection. 8. 9. (d) Other Federal Benefits.--Section 421(b) of the Controlled Substances Act (21 U.S.C. 10. PROTECT VOTING RIGHTS. Currently, 1 of every 16 voting-age African Americans are rendered unable to vote because of felony disenfranchisement, which is a rate more than 3.7 times greater than non-African Americans. (11) Latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. (2) Federal notification.-- (A) Notification.--Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with clause (ii) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 and may register to vote in any such election and provide such individual with any materials that are necessary to register to vote in any such election. (B) Exception.--A law enforcement entity or program that is led principally by a law enforcement entity are not eligible for grants provided by the program. ``(4) Drug arrests have significant collateral consequences, interfering or denying access to education, employment, housing, child custody, immigration, and public benefits. 12. EVIDENCE-BASED DRUG EDUCATION. (a) In General.--Notwithstanding any other provision of law, and not later than 180 days after the date of the enactment of this Act, the Attorney General shall transfer certain programs to the Secretary of Health and Human Services. (2) Block grants for prevention and treatment of substance abuse. 13. DATA COLLECTION AND TRANSPARENCY. 14. LIMITATION OF ELIGIBILITY FOR FUNDS. 15. ``9201. Definitions. ``9202. ``9203. Agency policies; complaint procedures. ``9204. Adverse action. ``9206. Rules of construction. ``(5) For any subsequent violation-- ``(A) suspension of the employee for a period of more than 7 days; and ``(B) a civil penalty against the employee in an amount that is not more than $1,000. RIGHTS AND PROTECTIONS RELATING TO CRIMINAL HISTORY INQUIRIES. 3) is amended-- (i) by redesignating the item relating to section 207 as the item relating to section 208; and (ii) by inserting after the item relating to section 206 the following new item: ``Sec. ``(C) Applicability of other laws.--Except as provided in subparagraph (B), an adverse action taken under subparagraph (A) (including a determination in an appeal from such an action under subparagraph (B)) shall not be subject to appeal or judicial review. 16. 4714. ``(2) Subsequent violation.--If the head of an executive agency determines that a contractor that was subject to paragraph (1) has committed a subsequent violation of subsection (a)(1)(B), such head shall notify the contractor, shall provide 30 days after such notification for the contractor to appeal the determination, and, in consultation with the relevant Federal agencies, may take actions, depending on the severity of the infraction and the contractor's history of violations, including-- ``(A) providing written guidance to the contractor that the contractor's eligibility for contracts requires compliance with this section; ``(B) requiring that the contractor respond within 30 days affirming that the contractor is taking steps to comply with this section; and ``(C) suspending payment under the contract for which the applicant was being considered until the contractor demonstrates compliance with this section. (2) Clerical amendment.--The table of sections for chapter 47 of title 41, United States Code, is amended by adding at the end the following new item: ``4714. 2339. ``(2) Otherwise required by law.--The prohibition under paragraph (1) does not apply with respect to a contract if consideration of criminal history record information prior to a conditional offer with respect to the position is otherwise required by law. 2000e et seq.) (2) Consistency with office of personnel management regulations.--The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation under paragraph (1) to be consistent with the regulations issued by the Director of the Office of Personnel Management under section 2(b)(1) to the maximum extent practicable. REPORT ON EMPLOYMENT OF INDIVIDUALS FORMERLY INCARCERATED IN FEDERAL PRISONS. 18. DETERMINATION OF BUDGETARY EFFECTS. SEC. (2) Criminal justice sentence.--The term ``criminal justice sentence'' means any requirement imposed pursuant to a sentence, including incarceration, supervised release, parole, or probation. (4) Eligible offense.--The term ``eligible offense'' means an offense for a controlled substances with respect to an amount that is lower than the benchmark determined by the Commission on Substance Use, Health, and Safety established under section 6 of this Act.

H.R.8902

Armed Forces and National Security

This bill requires the Department of Defense to notify the congressional defense committees, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate (in such order) upon the receipt of an order (and prior to implementation) by the President to use nuclear weapons without a declaration of war by Congress.

To direct the Secretary of Defense to notify Congress before carrying out an order to use a nuclear weapon without a declaration of war by Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION REQUIREMENT REGARDING USE OF NUCLEAR WEAPONS WITHOUT DECLARATION OF WAR BY CONGRESS. (a) Sense of Congress.--It is the sense of Congress that-- (1) nuclear deterrence is the bedrock of United States national security; (2) the ability for the United States to quickly and decisively respond to acts of aggression against the United States and the allies and partners of the United States, including nuclear attacks, deters actors from acting against the United States in the first place; (3) as currently structured, responsibility and authority for the release of nuclear weapons resides solely with the President; (4) any Presidential order for a nuclear strike must be verified by a senior official of the Department of Defense or military officer to ensure that a lawful order was in fact issued by the President; (5) neither a senior official of the Department nor a military officer in the chain of command has veto power and, therefore, must comply with a lawful order or resign; (6) however, entrusting an individual with the authority to order the use of nuclear weapons raises the possibility, however small, of their accidental or inappropriate use that risks catastrophic loss of life and potential escalation into nuclear war; and (7) the chain of command established under section 162(b) of title 10, United States Code, applies to Presidential orders regarding the use of nuclear weapons. (b) Notification.-- (1) Requirement.--Upon the receipt of an order described in paragraph (2) and before carrying out such order, the Secretary of Defense, or any other senior official of the Department of Defense or military officer that is in direct receipt of such order, shall notify the congressional defense committees, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate of such order. (2) Order described.--An order described in this paragraph is a verified order by the President to use nuclear weapons without a declaration of war by Congress. <all>

To direct the Secretary of Defense to notify Congress before carrying out an order to use a nuclear weapon without a declaration of war by Congress.

To direct the Secretary of Defense to notify Congress before carrying out an order to use a nuclear weapon without a declaration of war by Congress.

Official Titles - House of Representatives Official Title as Introduced To direct the Secretary of Defense to notify Congress before carrying out an order to use a nuclear weapon without a declaration of war by Congress.

Rep. Slotkin, Elissa

D

MI

This bill requires the Department of Defense to notify the congressional defense committees, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate (in such order) upon the receipt of an order (and prior to implementation) by the President to use nuclear weapons without a declaration of war by Congress.

To direct the Secretary of Defense to notify Congress before carrying out an order to use a nuclear weapon without a declaration of war by Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION REQUIREMENT REGARDING USE OF NUCLEAR WEAPONS WITHOUT DECLARATION OF WAR BY CONGRESS. (a) Sense of Congress.--It is the sense of Congress that-- (1) nuclear deterrence is the bedrock of United States national security; (2) the ability for the United States to quickly and decisively respond to acts of aggression against the United States and the allies and partners of the United States, including nuclear attacks, deters actors from acting against the United States in the first place; (3) as currently structured, responsibility and authority for the release of nuclear weapons resides solely with the President; (4) any Presidential order for a nuclear strike must be verified by a senior official of the Department of Defense or military officer to ensure that a lawful order was in fact issued by the President; (5) neither a senior official of the Department nor a military officer in the chain of command has veto power and, therefore, must comply with a lawful order or resign; (6) however, entrusting an individual with the authority to order the use of nuclear weapons raises the possibility, however small, of their accidental or inappropriate use that risks catastrophic loss of life and potential escalation into nuclear war; and (7) the chain of command established under section 162(b) of title 10, United States Code, applies to Presidential orders regarding the use of nuclear weapons. (b) Notification.-- (1) Requirement.--Upon the receipt of an order described in paragraph (2) and before carrying out such order, the Secretary of Defense, or any other senior official of the Department of Defense or military officer that is in direct receipt of such order, shall notify the congressional defense committees, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate of such order. (2) Order described.--An order described in this paragraph is a verified order by the President to use nuclear weapons without a declaration of war by Congress. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION REQUIREMENT REGARDING USE OF NUCLEAR WEAPONS WITHOUT DECLARATION OF WAR BY CONGRESS. (a) Sense of Congress.--It is the sense of Congress that-- (1) nuclear deterrence is the bedrock of United States national security; (2) the ability for the United States to quickly and decisively respond to acts of aggression against the United States and the allies and partners of the United States, including nuclear attacks, deters actors from acting against the United States in the first place; (3) as currently structured, responsibility and authority for the release of nuclear weapons resides solely with the President; (4) any Presidential order for a nuclear strike must be verified by a senior official of the Department of Defense or military officer to ensure that a lawful order was in fact issued by the President; (5) neither a senior official of the Department nor a military officer in the chain of command has veto power and, therefore, must comply with a lawful order or resign; (6) however, entrusting an individual with the authority to order the use of nuclear weapons raises the possibility, however small, of their accidental or inappropriate use that risks catastrophic loss of life and potential escalation into nuclear war; and (7) the chain of command established under section 162(b) of title 10, United States Code, applies to Presidential orders regarding the use of nuclear weapons. (b) Notification.-- (1) Requirement.--Upon the receipt of an order described in paragraph (2) and before carrying out such order, the Secretary of Defense, or any other senior official of the Department of Defense or military officer that is in direct receipt of such order, shall notify the congressional defense committees, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate of such order. (2) Order described.--An order described in this paragraph is a verified order by the President to use nuclear weapons without a declaration of war by Congress.

To direct the Secretary of Defense to notify Congress before carrying out an order to use a nuclear weapon without a declaration of war by Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION REQUIREMENT REGARDING USE OF NUCLEAR WEAPONS WITHOUT DECLARATION OF WAR BY CONGRESS. (a) Sense of Congress.--It is the sense of Congress that-- (1) nuclear deterrence is the bedrock of United States national security; (2) the ability for the United States to quickly and decisively respond to acts of aggression against the United States and the allies and partners of the United States, including nuclear attacks, deters actors from acting against the United States in the first place; (3) as currently structured, responsibility and authority for the release of nuclear weapons resides solely with the President; (4) any Presidential order for a nuclear strike must be verified by a senior official of the Department of Defense or military officer to ensure that a lawful order was in fact issued by the President; (5) neither a senior official of the Department nor a military officer in the chain of command has veto power and, therefore, must comply with a lawful order or resign; (6) however, entrusting an individual with the authority to order the use of nuclear weapons raises the possibility, however small, of their accidental or inappropriate use that risks catastrophic loss of life and potential escalation into nuclear war; and (7) the chain of command established under section 162(b) of title 10, United States Code, applies to Presidential orders regarding the use of nuclear weapons. (b) Notification.-- (1) Requirement.--Upon the receipt of an order described in paragraph (2) and before carrying out such order, the Secretary of Defense, or any other senior official of the Department of Defense or military officer that is in direct receipt of such order, shall notify the congressional defense committees, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate of such order. (2) Order described.--An order described in this paragraph is a verified order by the President to use nuclear weapons without a declaration of war by Congress. <all>

To direct the Secretary of Defense to notify Congress before carrying out an order to use a nuclear weapon without a declaration of war by Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION REQUIREMENT REGARDING USE OF NUCLEAR WEAPONS WITHOUT DECLARATION OF WAR BY CONGRESS. (a) Sense of Congress.--It is the sense of Congress that-- (1) nuclear deterrence is the bedrock of United States national security; (2) the ability for the United States to quickly and decisively respond to acts of aggression against the United States and the allies and partners of the United States, including nuclear attacks, deters actors from acting against the United States in the first place; (3) as currently structured, responsibility and authority for the release of nuclear weapons resides solely with the President; (4) any Presidential order for a nuclear strike must be verified by a senior official of the Department of Defense or military officer to ensure that a lawful order was in fact issued by the President; (5) neither a senior official of the Department nor a military officer in the chain of command has veto power and, therefore, must comply with a lawful order or resign; (6) however, entrusting an individual with the authority to order the use of nuclear weapons raises the possibility, however small, of their accidental or inappropriate use that risks catastrophic loss of life and potential escalation into nuclear war; and (7) the chain of command established under section 162(b) of title 10, United States Code, applies to Presidential orders regarding the use of nuclear weapons. (b) Notification.-- (1) Requirement.--Upon the receipt of an order described in paragraph (2) and before carrying out such order, the Secretary of Defense, or any other senior official of the Department of Defense or military officer that is in direct receipt of such order, shall notify the congressional defense committees, the Speaker of the House of Representatives, the majority leader of the Senate, the minority leader of the House of Representatives, and the minority leader of the Senate of such order. (2) Order described.--An order described in this paragraph is a verified order by the President to use nuclear weapons without a declaration of war by Congress. <all>

H.R.6344

Taxation

Research and Development Tax Credit Expansion Act of 2021 This bill modifies the refundable research tax credit for new and small businesses to (1) increase the limit on refundability to $500,000, with an adjustment for inflation; (2) allow refundable amounts to cover all payroll taxes paid by such businesses; and (3) extend eligibility for the credit to small businesses with less than $10 million in gross receipts (currently, less than $5 million). The bill also increases the rate of the alternative simplified tax credit for such businesses.

To amend the Internal Revenue Code of 1986 to expand refundability and increase simplification of the research credit for certain small businesses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Research and Development Tax Credit Expansion Act of 2021''. SEC. 2. EXPANSION OF REFUNDABLE RESEARCH CREDIT FOR NEW AND SMALL BUSINESSES. (a) Doubling Cap on Refundable Credit.-- (1) In general.--Clause (i) of section 41(h)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``$250,000'' and inserting ``$500,000''. (2) Adjustment for inflation.--Paragraph (4) of section 41(h) of such Code is amended-- (A) by redesignating subparagraph (C) as subparagraph (D), (B) by redesignating clause (ii) of subparagraph (B) as subparagraph (C), and by moving such subparagraph 2 ems to the left, (C) by striking ``Limitations'' in the heading of subparagraph (B) and inserting ``Limitation on amount of election'', (D) by striking ``Amount'' in the heading of clause (i) of subparagraph (B) and inserting ``In general'', and (E) by adding at the end of subparagraph (B), as amended by the preceding subparagraphs of this paragraph, the following new clause: ``(ii) Adjustment for inflation.--In the case of a taxable year beginning after 2022, the $500,000 amount in clause (i) 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 the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.''. (3) Conforming amendment.--Clause (ii) of section 41(h)(5)(B) of such Code is amended by striking ``the $250,000 amount'' and inserting ``the amount in effect''. (b) Credit Refundable Against Medicare and Unemployment Taxes.-- (1) In general.--Paragraph (1) of section 3111(f) of the Internal Revenue Code of 1986 is amended by striking ``subsection (a)'' and inserting ``subsections (a) and (b) and section 3301''. (2) Conforming amendments.-- (A) Paragraph (2) of section 3111(f) of such Code is amended by striking ``the tax imposed by subsection (a)'' and inserting ``the sum of the taxes imposed by subsection (a), subsection (b), and section 3301''. (B) Section 3302 of such Code is amended by adding at the end the following new subsection: ``(i) Credit for Research Expenditures of Qualified Small Businesses.--Any portion of the credit under section 3111(f) which is credited under such section to the tax under section 3301 shall be treated as a credit under this section. Subsection (c) shall not apply to any such credit.''. (c) Doubling Eligibility Threshold.--Subclause (I) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. MODIFICATIONS TO ALTERNATIVE SIMPLIFIED CREDIT FOR NEW AND SMALL BUSINESSES. (a) In General.--Paragraph (4) of section 41(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Special rules for qualified small businesses.--In the case of a qualified small business (as defined in subsection (h)(3))-- ``(i) Credit rate.--Subparagraph (A) shall be applied by substituting `20 percent' for `14 percent'. ``(ii) Special rule for 1st year of qualified research expenses.--If the taxpayer has no qualified research expenses in any taxable year preceding the taxable year for which the credit is being determined, subparagraph (B)(ii) shall be applied by substituting `20 percent' for `6 percent'. ``(iii) Special rule for other years.--If the taxpayer is not described in clause (ii) for the taxable year, and subparagraph (B) applies to such taxpayer for such year, at the election of the taxpayer-- ``(I) subparagraph (B)(ii) shall be applied by substituting `10 percent' for `6 percent', or ``(II) subparagraph (B) shall not apply, and the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3- year period described in such subparagraph in which there were no qualified research expenses.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Research and Development Tax Credit Expansion Act of 2021

To amend the Internal Revenue Code of 1986 to expand refundability and increase simplification of the research credit for certain small businesses.

Research and Development Tax Credit Expansion Act of 2021

Rep. Neguse, Joe

D

CO

This bill modifies the refundable research tax credit for new and small businesses to (1) increase the limit on refundability to $500,000, with an adjustment for inflation; (2) allow refundable amounts to cover all payroll taxes paid by such businesses; and (3) extend eligibility for the credit to small businesses with less than $10 million in gross receipts (currently, less than $5 million). The bill also increases the rate of the alternative simplified tax credit for such businesses.

To amend the Internal Revenue Code of 1986 to expand refundability and increase simplification of the research credit for certain small businesses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Research and Development Tax Credit Expansion Act of 2021''. 2. EXPANSION OF REFUNDABLE RESEARCH CREDIT FOR NEW AND SMALL BUSINESSES. (2) Adjustment for inflation.--Paragraph (4) of section 41(h) of such Code is amended-- (A) by redesignating subparagraph (C) as subparagraph (D), (B) by redesignating clause (ii) of subparagraph (B) as subparagraph (C), and by moving such subparagraph 2 ems to the left, (C) by striking ``Limitations'' in the heading of subparagraph (B) and inserting ``Limitation on amount of election'', (D) by striking ``Amount'' in the heading of clause (i) of subparagraph (B) and inserting ``In general'', and (E) by adding at the end of subparagraph (B), as amended by the preceding subparagraphs of this paragraph, the following new clause: ``(ii) Adjustment for inflation.--In the case of a taxable year beginning after 2022, the $500,000 amount in clause (i) 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 the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.''. (2) Conforming amendments.-- (A) Paragraph (2) of section 3111(f) of such Code is amended by striking ``the tax imposed by subsection (a)'' and inserting ``the sum of the taxes imposed by subsection (a), subsection (b), and section 3301''. Subsection (c) shall not apply to any such credit.''. (c) Doubling Eligibility Threshold.--Subclause (I) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. MODIFICATIONS TO ALTERNATIVE SIMPLIFIED CREDIT FOR NEW AND SMALL BUSINESSES. ``(iii) Special rule for other years.--If the taxpayer is not described in clause (ii) for the taxable year, and subparagraph (B) applies to such taxpayer for such year, at the election of the taxpayer-- ``(I) subparagraph (B)(ii) shall be applied by substituting `10 percent' for `6 percent', or ``(II) subparagraph (B) shall not apply, and the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3- year period described in such subparagraph in which there were no qualified research expenses.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. EXPANSION OF REFUNDABLE RESEARCH CREDIT FOR NEW AND SMALL BUSINESSES. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.''. (2) Conforming amendments.-- (A) Paragraph (2) of section 3111(f) of such Code is amended by striking ``the tax imposed by subsection (a)'' and inserting ``the sum of the taxes imposed by subsection (a), subsection (b), and section 3301''. Subsection (c) shall not apply to any such credit.''. (c) Doubling Eligibility Threshold.--Subclause (I) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. ``(iii) Special rule for other years.--If the taxpayer is not described in clause (ii) for the taxable year, and subparagraph (B) applies to such taxpayer for such year, at the election of the taxpayer-- ``(I) subparagraph (B)(ii) shall be applied by substituting `10 percent' for `6 percent', or ``(II) subparagraph (B) shall not apply, and the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3- year period described in such subparagraph in which there were no qualified research expenses.''.

To amend the Internal Revenue Code of 1986 to expand refundability and increase simplification of the research credit for certain small businesses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Research and Development Tax Credit Expansion Act of 2021''. SEC. 2. EXPANSION OF REFUNDABLE RESEARCH CREDIT FOR NEW AND SMALL BUSINESSES. (a) Doubling Cap on Refundable Credit.-- (1) In general.--Clause (i) of section 41(h)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``$250,000'' and inserting ``$500,000''. (2) Adjustment for inflation.--Paragraph (4) of section 41(h) of such Code is amended-- (A) by redesignating subparagraph (C) as subparagraph (D), (B) by redesignating clause (ii) of subparagraph (B) as subparagraph (C), and by moving such subparagraph 2 ems to the left, (C) by striking ``Limitations'' in the heading of subparagraph (B) and inserting ``Limitation on amount of election'', (D) by striking ``Amount'' in the heading of clause (i) of subparagraph (B) and inserting ``In general'', and (E) by adding at the end of subparagraph (B), as amended by the preceding subparagraphs of this paragraph, the following new clause: ``(ii) Adjustment for inflation.--In the case of a taxable year beginning after 2022, the $500,000 amount in clause (i) 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 the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.''. (3) Conforming amendment.--Clause (ii) of section 41(h)(5)(B) of such Code is amended by striking ``the $250,000 amount'' and inserting ``the amount in effect''. (b) Credit Refundable Against Medicare and Unemployment Taxes.-- (1) In general.--Paragraph (1) of section 3111(f) of the Internal Revenue Code of 1986 is amended by striking ``subsection (a)'' and inserting ``subsections (a) and (b) and section 3301''. (2) Conforming amendments.-- (A) Paragraph (2) of section 3111(f) of such Code is amended by striking ``the tax imposed by subsection (a)'' and inserting ``the sum of the taxes imposed by subsection (a), subsection (b), and section 3301''. (B) Section 3302 of such Code is amended by adding at the end the following new subsection: ``(i) Credit for Research Expenditures of Qualified Small Businesses.--Any portion of the credit under section 3111(f) which is credited under such section to the tax under section 3301 shall be treated as a credit under this section. Subsection (c) shall not apply to any such credit.''. (c) Doubling Eligibility Threshold.--Subclause (I) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. MODIFICATIONS TO ALTERNATIVE SIMPLIFIED CREDIT FOR NEW AND SMALL BUSINESSES. (a) In General.--Paragraph (4) of section 41(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Special rules for qualified small businesses.--In the case of a qualified small business (as defined in subsection (h)(3))-- ``(i) Credit rate.--Subparagraph (A) shall be applied by substituting `20 percent' for `14 percent'. ``(ii) Special rule for 1st year of qualified research expenses.--If the taxpayer has no qualified research expenses in any taxable year preceding the taxable year for which the credit is being determined, subparagraph (B)(ii) shall be applied by substituting `20 percent' for `6 percent'. ``(iii) Special rule for other years.--If the taxpayer is not described in clause (ii) for the taxable year, and subparagraph (B) applies to such taxpayer for such year, at the election of the taxpayer-- ``(I) subparagraph (B)(ii) shall be applied by substituting `10 percent' for `6 percent', or ``(II) subparagraph (B) shall not apply, and the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3- year period described in such subparagraph in which there were no qualified research expenses.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to expand refundability and increase simplification of the research credit for certain small businesses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Research and Development Tax Credit Expansion Act of 2021''. SEC. 2. EXPANSION OF REFUNDABLE RESEARCH CREDIT FOR NEW AND SMALL BUSINESSES. (a) Doubling Cap on Refundable Credit.-- (1) In general.--Clause (i) of section 41(h)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``$250,000'' and inserting ``$500,000''. (2) Adjustment for inflation.--Paragraph (4) of section 41(h) of such Code is amended-- (A) by redesignating subparagraph (C) as subparagraph (D), (B) by redesignating clause (ii) of subparagraph (B) as subparagraph (C), and by moving such subparagraph 2 ems to the left, (C) by striking ``Limitations'' in the heading of subparagraph (B) and inserting ``Limitation on amount of election'', (D) by striking ``Amount'' in the heading of clause (i) of subparagraph (B) and inserting ``In general'', and (E) by adding at the end of subparagraph (B), as amended by the preceding subparagraphs of this paragraph, the following new clause: ``(ii) Adjustment for inflation.--In the case of a taxable year beginning after 2022, the $500,000 amount in clause (i) 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 the calendar year in which the taxable year begins, determined by substituting `2021' for `2016' in subparagraph (A)(ii) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.''. (3) Conforming amendment.--Clause (ii) of section 41(h)(5)(B) of such Code is amended by striking ``the $250,000 amount'' and inserting ``the amount in effect''. (b) Credit Refundable Against Medicare and Unemployment Taxes.-- (1) In general.--Paragraph (1) of section 3111(f) of the Internal Revenue Code of 1986 is amended by striking ``subsection (a)'' and inserting ``subsections (a) and (b) and section 3301''. (2) Conforming amendments.-- (A) Paragraph (2) of section 3111(f) of such Code is amended by striking ``the tax imposed by subsection (a)'' and inserting ``the sum of the taxes imposed by subsection (a), subsection (b), and section 3301''. (B) Section 3302 of such Code is amended by adding at the end the following new subsection: ``(i) Credit for Research Expenditures of Qualified Small Businesses.--Any portion of the credit under section 3111(f) which is credited under such section to the tax under section 3301 shall be treated as a credit under this section. Subsection (c) shall not apply to any such credit.''. (c) Doubling Eligibility Threshold.--Subclause (I) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``$5,000,000'' and inserting ``$10,000,000''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. MODIFICATIONS TO ALTERNATIVE SIMPLIFIED CREDIT FOR NEW AND SMALL BUSINESSES. (a) In General.--Paragraph (4) of section 41(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Special rules for qualified small businesses.--In the case of a qualified small business (as defined in subsection (h)(3))-- ``(i) Credit rate.--Subparagraph (A) shall be applied by substituting `20 percent' for `14 percent'. ``(ii) Special rule for 1st year of qualified research expenses.--If the taxpayer has no qualified research expenses in any taxable year preceding the taxable year for which the credit is being determined, subparagraph (B)(ii) shall be applied by substituting `20 percent' for `6 percent'. ``(iii) Special rule for other years.--If the taxpayer is not described in clause (ii) for the taxable year, and subparagraph (B) applies to such taxpayer for such year, at the election of the taxpayer-- ``(I) subparagraph (B)(ii) shall be applied by substituting `10 percent' for `6 percent', or ``(II) subparagraph (B) shall not apply, and the average under subparagraph (A) shall be determined by disregarding any taxable year in the 3- year period described in such subparagraph in which there were no qualified research expenses.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2021. <all>

H.R.1687

Immigration

Significant Transnational Criminal Organization Designation Act This bill makes membership in a significant transnational criminal organization a ground for inadmissibility into the United States and provides for criminal penalties against those that provide material support to such an organization. The bar against admission applies to an alien member of such an organization and an alien spouse or child of such an individual. The bar shall not apply to a spouse or child who (1) did not know, or should not reasonably have known, that the individual was a member of such an organization; or (2) has renounced the organization in question. The bill establishes statutory authority and procedures for the Department of Justice to designate an organization a significant transnational criminal organization. The Department of the Treasury may require U.S. financial institutions to block transactions involving assets belonging to such an organization. An individual who knowingly provides material support or resources to a significant transnational criminal organization (or attempts or conspires to do so) shall be fined, imprisoned for up to 20 years, or both. If the death of any person is the result, the offending individual may be imprisoned for any term of years or for life. A financial institution that becomes aware that it possesses or controls funds belonging to such an organization shall retain such funds and notify Treasury.

To amend the Immigration and Nationality Act to add membership in a significant transnational criminal organization to the list of grounds of inadmissibility and to prohibit the provision of material support or resources to such organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Significant Transnational Criminal Organization Designation Act''. SEC. 2. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. (a) In General.--Section 212(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(F)) is amended to read as follows: ``(F) Membership in a significant transnational criminal organization .-- ``(i) In general.--Any alien who-- ``(I) is a member of a significant transnational criminal organization; or ``(II) is the spouse or child of an alien described in subclause (I), is inadmissible. ``(ii) Exception.--Clause (i)(II) shall not apply to a spouse or child-- ``(I) who did not know, or should not reasonably have known, that his or her spouse or parent was a member of a significant transnational criminal organization; or ``(II) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the significant transnational criminal organization to which his or her spouse or parent belongs.''. (b) Designation of Significant Transnational Criminal Organizations.-- (1) In general.--Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. 219A. DESIGNATION OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. ``(a) Designation.-- ``(1) In general.--The Attorney General is authorized to designate an organization as a significant transnational criminal organization in accordance with this subsection if the Attorney General, after consultation with the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security, determines that-- ``(A) the organization is a foreign organization; ``(B) the organization-- ``(i) engages in criminal activity that involves or affects commerce in the United States; or ``(ii) retains the ability and intent to engage in such criminal activity; and ``(C) the criminal activity of the organization threatens the security of United States nationals or the national security of the United States. ``(2) Procedure.-- ``(A) Notice.-- ``(i) To congressional leaders.--Not later than 7 days before making a designation under this subsection, the Attorney General shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of-- ``(I) the intent to designate an organization under this subsection; and ``(II) the findings made under paragraph (1) with respect to that organization, including the factual basis for such determination. ``(ii) Publication in federal register.-- The Attorney General shall publish the designation in the Federal Register not later than 7 days after providing the notification under clause (i). ``(B) Effect of designation.--A designation under this subsection-- ``(i) shall take effect upon publication under subparagraph (A)(ii), for purposes of section 212(a)(2)(F) of this Act and section 2339B of title 18, United States Code; and ``(ii) shall cease to have effect upon an Act of Congress disapproving such designation. ``(C) Freezing of assets.--Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from the Secretary of the Treasury, an Act of Congress, or a court order. ``(3) Record.-- ``(A) In general.--In making a designation under this subsection, the Attorney General shall create an administrative record. ``(B) Classified information.--The Attorney General may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(4) Period of designation.-- ``(A) In general.--A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c). ``(B) Review of designation upon petition.-- ``(i) In general.--The Attorney General shall review the designation of a significant transnational criminal organization under the procedures set forth in clauses (iii) and (iv) if the designated organization files a petition for revocation within the petition period described in clause (ii). ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. ``(iii) Procedures.--Any significant transnational criminal organization that submits a petition for revocation under this subparagraph shall provide evidence in that petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the organization is warranted. ``(iv) Determination.-- ``(I) In general.--Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Attorney General shall make a determination regarding such petition. ``(II) Classified information.--The Attorney General may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(III) Publication of determination.--A determination made by the Attorney General under this clause shall be published in the Federal Register. ``(IV) Procedures.--Any revocation by the Attorney General shall be made in accordance with paragraph (6). ``(C) Other review of designation.-- ``(i) In general.--If no review is conducted pursuant to subparagraph (B) during the 5-year period beginning on the date on which a designation under this subsection takes effect, the Attorney General shall review the designation of the significant transnational criminal organization in order to determine whether such designation should be revoked pursuant to paragraph (6). ``(ii) Procedures.--If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Attorney General. The results of such review and the applicable procedures shall not be reviewable in any court. ``(iii) Publication of results of review.-- The Attorney General shall publish any determination made pursuant to this subparagraph in the Federal Register. ``(5) Revocation by act of congress.-- ``(A) In general.--Except as provided by subparagraph (B), Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1) through the congressional disapproval procedure set forth in section 802 of title 5, United States Code. ``(B) References to rule.--In applying the procedure, references to the term `rule' in such section 802 shall be deemed to refer to a designation made under paragraph (1). ``(C) Effective date.--A joint resolution to block or revoke a designation made under paragraph (1) shall not be subject to the procedure set forth in such section 802 unless it is introduced in either House of Congress during the 60-day period beginning on the date on which the Attorney General notifies Congress pursuant to paragraph (2)(A)(i). ``(6) Revocation based on change in circumstances.-- ``(A) In general.--The Attorney General-- ``(i) may revoke a designation made under paragraph (1) at any time; and ``(ii) shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Attorney General determines that-- ``(I) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or ``(II) the national security of the United States warrants a revocation. ``(B) Procedure.--The procedural requirements under paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. ``(7) Effect of revocation.--The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed before the effective date of such revocation. ``(8) Use of designation in trial or hearing.--If a designation under this subsection has become effective pursuant to paragraph (2)(B), a defendant in a criminal action or an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing. ``(b) Amendments to a Designation.-- ``(1) In general.--The Attorney General may amend a designation under this subsection if the Attorney General discovers that the organization has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another organization. ``(2) Procedure.--Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2) shall apply to an amended designation upon such publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments and any additional relevant information that supports such amendments. ``(4) Classified information.--The Attorney General may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(c) Judicial Review of Designation.-- ``(1) In general.--Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated organization may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. ``(2) Basis of review.--Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation. ``(3) Scope of review.--The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; ``(B) contrary to constitutional right, power, privilege, or immunity; ``(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; ``(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2), or ``(E) not in accord with the procedures required by law. ``(4) Judicial review invoked.--The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation.''. (2) Clerical amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after the item relating to section 219 the following: ``Sec. 219A. Designation of significant transnational criminal organizations.''. (c) Providing Material Support or Resources to Significant Transnational Criminal Organizations.--Section 2339B of title 18, United States Code, is amended-- (1) by inserting ``or a significant transnational criminal organization'' after ``foreign terrorist organization'' each place such term appears; (2) in subsection (a)(1), by amending the second sentence to read as follows: ``A person may not be prosecuted for violating this paragraph unless the person has knowledge that the organization referred to in the previous sentence-- ``(A) is a designated terrorist organization; ``(B) is a significant transnational criminal organization; ``(C) has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act); or ``(D) has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).''; and (3) in subsection (g)-- (A) in paragraph (5), by striking ``and'' at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: ``(6) the term `significant transnational criminal organization' means an organization so designated under section 219A of the Immigration and Nationality Act; and''. <all>

Significant Transnational Criminal Organization Designation Act

To amend the Immigration and Nationality Act to add membership in a significant transnational criminal organization to the list of grounds of inadmissibility and to prohibit the provision of material support or resources to such organizations.

Significant Transnational Criminal Organization Designation Act

Rep. Gallagher, Mike

R

WI

This bill makes membership in a significant transnational criminal organization a ground for inadmissibility into the United States and provides for criminal penalties against those that provide material support to such an organization. The bar against admission applies to an alien member of such an organization and an alien spouse or child of such an individual. The bar shall not apply to a spouse or child who (1) did not know, or should not reasonably have known, that the individual was a member of such an organization; or (2) has renounced the organization in question. The bill establishes statutory authority and procedures for the Department of Justice to designate an organization a significant transnational criminal organization. The Department of the Treasury may require U.S. financial institutions to block transactions involving assets belonging to such an organization. An individual who knowingly provides material support or resources to a significant transnational criminal organization (or attempts or conspires to do so) shall be fined, imprisoned for up to 20 years, or both. If the death of any person is the result, the offending individual may be imprisoned for any term of years or for life. A financial institution that becomes aware that it possesses or controls funds belonging to such an organization shall retain such funds and notify Treasury.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. (a) In General.--Section 212(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C. is amended by adding at the end the following: ``SEC. DESIGNATION OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. ``(2) Procedure.-- ``(A) Notice.-- ``(i) To congressional leaders.--Not later than 7 days before making a designation under this subsection, the Attorney General shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of-- ``(I) the intent to designate an organization under this subsection; and ``(II) the findings made under paragraph (1) with respect to that organization, including the factual basis for such determination. ``(C) Freezing of assets.--Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from the Secretary of the Treasury, an Act of Congress, or a court order. ``(B) Classified information.--The Attorney General may consider classified information in making a designation under this subsection. ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. ``(IV) Procedures.--Any revocation by the Attorney General shall be made in accordance with paragraph (6). ``(ii) Procedures.--If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Attorney General. The results of such review and the applicable procedures shall not be reviewable in any court. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments and any additional relevant information that supports such amendments. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). 219A.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. (a) In General.--Section 212(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C. is amended by adding at the end the following: ``SEC. DESIGNATION OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. ``(C) Freezing of assets.--Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from the Secretary of the Treasury, an Act of Congress, or a court order. ``(B) Classified information.--The Attorney General may consider classified information in making a designation under this subsection. ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. ``(IV) Procedures.--Any revocation by the Attorney General shall be made in accordance with paragraph (6). The results of such review and the applicable procedures shall not be reviewable in any court. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments and any additional relevant information that supports such amendments. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). 219A.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. (a) In General.--Section 212(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(F)) is amended to read as follows: ``(F) Membership in a significant transnational criminal organization .-- ``(i) In general.--Any alien who-- ``(I) is a member of a significant transnational criminal organization; or ``(II) is the spouse or child of an alien described in subclause (I), is inadmissible. 1181 et seq.) is amended by adding at the end the following: ``SEC. DESIGNATION OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. ``(2) Procedure.-- ``(A) Notice.-- ``(i) To congressional leaders.--Not later than 7 days before making a designation under this subsection, the Attorney General shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of-- ``(I) the intent to designate an organization under this subsection; and ``(II) the findings made under paragraph (1) with respect to that organization, including the factual basis for such determination. ``(C) Freezing of assets.--Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from the Secretary of the Treasury, an Act of Congress, or a court order. ``(B) Classified information.--The Attorney General may consider classified information in making a designation under this subsection. ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. ``(IV) Procedures.--Any revocation by the Attorney General shall be made in accordance with paragraph (6). ``(ii) Procedures.--If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Attorney General. The results of such review and the applicable procedures shall not be reviewable in any court. ``(B) References to rule.--In applying the procedure, references to the term `rule' in such section 802 shall be deemed to refer to a designation made under paragraph (1). ``(6) Revocation based on change in circumstances.-- ``(A) In general.--The Attorney General-- ``(i) may revoke a designation made under paragraph (1) at any time; and ``(ii) shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Attorney General determines that-- ``(I) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or ``(II) the national security of the United States warrants a revocation. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments and any additional relevant information that supports such amendments. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). 219A.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. INADMISSIBILITY OF MEMBERS OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. (a) In General.--Section 212(a)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(F)) is amended to read as follows: ``(F) Membership in a significant transnational criminal organization .-- ``(i) In general.--Any alien who-- ``(I) is a member of a significant transnational criminal organization; or ``(II) is the spouse or child of an alien described in subclause (I), is inadmissible. 1181 et seq.) is amended by adding at the end the following: ``SEC. DESIGNATION OF SIGNIFICANT TRANSNATIONAL CRIMINAL ORGANIZATIONS. ``(2) Procedure.-- ``(A) Notice.-- ``(i) To congressional leaders.--Not later than 7 days before making a designation under this subsection, the Attorney General shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of-- ``(I) the intent to designate an organization under this subsection; and ``(II) the findings made under paragraph (1) with respect to that organization, including the factual basis for such determination. ``(C) Freezing of assets.--Upon notification under paragraph (2)(A)(i), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from the Secretary of the Treasury, an Act of Congress, or a court order. ``(B) Classified information.--The Attorney General may consider classified information in making a designation under this subsection. ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated organization has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated organization has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. ``(IV) Procedures.--Any revocation by the Attorney General shall be made in accordance with paragraph (6). ``(ii) Procedures.--If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Attorney General. The results of such review and the applicable procedures shall not be reviewable in any court. ``(B) References to rule.--In applying the procedure, references to the term `rule' in such section 802 shall be deemed to refer to a designation made under paragraph (1). ``(6) Revocation based on change in circumstances.-- ``(A) In general.--The Attorney General-- ``(i) may revoke a designation made under paragraph (1) at any time; and ``(ii) shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Attorney General determines that-- ``(I) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation; or ``(II) the national security of the United States warrants a revocation. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. ``(8) Use of designation in trial or hearing.--If a designation under this subsection has become effective pursuant to paragraph (2)(B), a defendant in a criminal action or an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing. Paragraphs (2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments and any additional relevant information that supports such amendments. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(3) Scope of review.--The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; ``(B) contrary to constitutional right, power, privilege, or immunity; ``(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; ``(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2), or ``(E) not in accord with the procedures required by law. 219A. (c) Providing Material Support or Resources to Significant Transnational Criminal Organizations.--Section 2339B of title 18, United States Code, is amended-- (1) by inserting ``or a significant transnational criminal organization'' after ``foreign terrorist organization'' each place such term appears; (2) in subsection (a)(1), by amending the second sentence to read as follows: ``A person may not be prosecuted for violating this paragraph unless the person has knowledge that the organization referred to in the previous sentence-- ``(A) is a designated terrorist organization; ``(B) is a significant transnational criminal organization; ``(C) has engaged or engages in terrorist activity (as defined in section 212(a)(3)(B) of the Immigration and Nationality Act); or ``(D) has engaged or engages in terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989).

H.R.2620

Finance and Financial Sector

Investor Choice Act of 2021 This bill prohibits broker-dealers and investment advisers from including mandatory arbitration, forum selection restrictions, or bans on class action suits in a customer or client agreement. Issuers of securities are also prohibited from mandating arbitration in a shareholder agreement.

To amend the Securities Exchange Act of 1934 to prohibit mandatory pre- dispute arbitration agreements, 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 ``Investor Choice Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Investor confidence in fair and equitable recourse is essential to the health and stability of the securities markets and to the participation of retail investors in those markets. (2) Issuers, brokers, dealers, and investment advisers hold powerful advantages over investors, and mandatory arbitration clauses, including contracts that force investors to submit claims to arbitration or to waive the right of investors to participate in a class action lawsuit, leverage those advantages to severely restrict the ability of defrauded investors to seek redress. (3) Investors should be free to-- (A) choose arbitration to resolve disputes if they judge that arbitration truly offers them the best opportunity to efficiently and fairly settle disputes; and (B) pursue remedies in court should they view that option as superior to arbitration. SEC. 3. ARBITRATION AGREEMENTS IN THE SECURITIES EXCHANGE ACT OF 1934. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended-- (1) in section 6(b) (15 U.S.C. 78f(b)), by adding at the end the following: ``(11) The rules of the exchange prohibit the listing of any security if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code.''; and (2) in section 15 (15 U.S.C. 78o), by amending subsection (o) to read as follows: ``(o) Limitations on Pre-Dispute Agreements.--Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any broker, dealer, funding portal, or municipal securities dealer to enter into, modify, or extend an agreement with customers or clients of that entity with respect to a future dispute between the parties that-- ``(1) mandates arbitration for that dispute; ``(2) restricts, limits, or conditions the ability of a customer or client of that entity to select or designate a forum for resolution of that dispute; or ``(3) restricts, limits, or conditions the ability of a customer or client of that entity to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.''. (b) Application to Existing Agreements.-- (1) In general.--With respect to an agreement described in section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision of that agreement that is prohibited by such section 15(o), as amended by subsection (a) of this section, is void. (2) Ongoing arbitration.--A provision of an agreement prohibited by section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, shall not be void under paragraph (1) if arbitration required by that provision was initiated by any party on or before the date of enactment of this Act. SEC. 4. ARBITRATION AGREEMENTS IN THE SECURITIES ACT OF 1933. Section 6 of the Securities Act of 1933 (15 U.S.C. 77f) is amended by adding at the end the following: ``(f) Limitation on Arbitration Requirements.--A security may not be registered with the Commission if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code.''. SEC. 5. ARBITRATION AGREEMENTS IN THE INVESTMENT ADVISERS ACT OF 1940. (a) In General.--Section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(f)) is amended to read as follows: ``(f) Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any investment adviser to enter into, modify, or extend an agreement with customers or clients of the investment adviser with respect to a future dispute between the parties to that agreement that-- ``(1) mandates arbitration for that dispute; ``(2) restricts, limits, or conditions the ability of a customer or client of the investment adviser to select or designate a forum for resolution of that dispute; or ``(3) restricts, limits, or conditions the ability of a customer or client of the investment adviser to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.''. (b) Application to Existing Agreements.-- (1) In general.--With respect to an agreement described in section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(f)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision prohibited by such section 205(f), as amended by subsection (a) of this section, is void. (2) Ongoing arbitration.--A provision of an agreement prohibited by section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(f)), as amended by subsection (a) of this section, shall not be void under paragraph (1) if arbitration required by that provision was initiated by any party on or before the date of enactment of this Act. SEC. 6. APPLICATION. Except as otherwise stated, the amendments made by this Act shall apply with respect to any agreement entered into, modified, or extended after the date of enactment of this Act. <all>

Investor Choice Act of 2021

To amend the Securities Exchange Act of 1934 to prohibit mandatory pre-dispute arbitration agreements, and for other purposes.

Investor Choice Act of 2021

Rep. Foster, Bill

D

IL

This bill prohibits broker-dealers and investment advisers from including mandatory arbitration, forum selection restrictions, or bans on class action suits in a customer or client agreement. Issuers of securities are also prohibited from mandating arbitration in a shareholder agreement.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Investor Choice Act of 2021''. FINDINGS. Congress finds the following: (1) Investor confidence in fair and equitable recourse is essential to the health and stability of the securities markets and to the participation of retail investors in those markets. (2) Issuers, brokers, dealers, and investment advisers hold powerful advantages over investors, and mandatory arbitration clauses, including contracts that force investors to submit claims to arbitration or to waive the right of investors to participate in a class action lawsuit, leverage those advantages to severely restrict the ability of defrauded investors to seek redress. (3) Investors should be free to-- (A) choose arbitration to resolve disputes if they judge that arbitration truly offers them the best opportunity to efficiently and fairly settle disputes; and (B) pursue remedies in court should they view that option as superior to arbitration. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 78f(b)), by adding at the end the following: ``(11) The rules of the exchange prohibit the listing of any security if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code. ''; and (2) in section 15 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision of that agreement that is prohibited by such section 15(o), as amended by subsection (a) of this section, is void. 4. ARBITRATION AGREEMENTS IN THE SECURITIES ACT OF 1933. (a) In General.--Section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(f)) is amended to read as follows: ``(f) Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any investment adviser to enter into, modify, or extend an agreement with customers or clients of the investment adviser with respect to a future dispute between the parties to that agreement that-- ``(1) mandates arbitration for that dispute; ``(2) restricts, limits, or conditions the ability of a customer or client of the investment adviser to select or designate a forum for resolution of that dispute; or ``(3) restricts, limits, or conditions the ability of a customer or client of the investment adviser to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.''. SEC. 6. APPLICATION.

This Act may be cited as the ``Investor Choice Act of 2021''. FINDINGS. Congress finds the following: (1) Investor confidence in fair and equitable recourse is essential to the health and stability of the securities markets and to the participation of retail investors in those markets. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 78f(b)), by adding at the end the following: ``(11) The rules of the exchange prohibit the listing of any security if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code. ''; and (2) in section 15 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision of that agreement that is prohibited by such section 15(o), as amended by subsection (a) of this section, is void. 4. ARBITRATION AGREEMENTS IN THE SECURITIES ACT OF 1933. (a) In General.--Section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(f)) is amended to read as follows: ``(f) Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any investment adviser to enter into, modify, or extend an agreement with customers or clients of the investment adviser with respect to a future dispute between the parties to that agreement that-- ``(1) mandates arbitration for that dispute; ``(2) restricts, limits, or conditions the ability of a customer or client of the investment adviser to select or designate a forum for resolution of that dispute; or ``(3) restricts, limits, or conditions the ability of a customer or client of the investment adviser to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.''. SEC. 6. APPLICATION.

To amend the Securities Exchange Act of 1934 to prohibit mandatory pre- dispute arbitration agreements, 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 ``Investor Choice Act of 2021''. FINDINGS. Congress finds the following: (1) Investor confidence in fair and equitable recourse is essential to the health and stability of the securities markets and to the participation of retail investors in those markets. (2) Issuers, brokers, dealers, and investment advisers hold powerful advantages over investors, and mandatory arbitration clauses, including contracts that force investors to submit claims to arbitration or to waive the right of investors to participate in a class action lawsuit, leverage those advantages to severely restrict the ability of defrauded investors to seek redress. (3) Investors should be free to-- (A) choose arbitration to resolve disputes if they judge that arbitration truly offers them the best opportunity to efficiently and fairly settle disputes; and (B) pursue remedies in court should they view that option as superior to arbitration. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 78f(b)), by adding at the end the following: ``(11) The rules of the exchange prohibit the listing of any security if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code. ''; and (2) in section 15 (15 U.S.C. 78o), by amending subsection (o) to read as follows: ``(o) Limitations on Pre-Dispute Agreements.--Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any broker, dealer, funding portal, or municipal securities dealer to enter into, modify, or extend an agreement with customers or clients of that entity with respect to a future dispute between the parties that-- ``(1) mandates arbitration for that dispute; ``(2) restricts, limits, or conditions the ability of a customer or client of that entity to select or designate a forum for resolution of that dispute; or ``(3) restricts, limits, or conditions the ability of a customer or client of that entity to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.''. (b) Application to Existing Agreements.-- (1) In general.--With respect to an agreement described in section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision of that agreement that is prohibited by such section 15(o), as amended by subsection (a) of this section, is void. 78o(o)), as amended by subsection (a) of this section, shall not be void under paragraph (1) if arbitration required by that provision was initiated by any party on or before the date of enactment of this Act. 4. ARBITRATION AGREEMENTS IN THE SECURITIES ACT OF 1933. (a) In General.--Section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(f)) is amended to read as follows: ``(f) Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any investment adviser to enter into, modify, or extend an agreement with customers or clients of the investment adviser with respect to a future dispute between the parties to that agreement that-- ``(1) mandates arbitration for that dispute; ``(2) restricts, limits, or conditions the ability of a customer or client of the investment adviser to select or designate a forum for resolution of that dispute; or ``(3) restricts, limits, or conditions the ability of a customer or client of the investment adviser to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.''. SEC. 6. APPLICATION. Except as otherwise stated, the amendments made by this Act shall apply with respect to any agreement entered into, modified, or extended after the date of enactment of this Act.

To amend the Securities Exchange Act of 1934 to prohibit mandatory pre- dispute arbitration agreements, 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 ``Investor Choice Act of 2021''. FINDINGS. Congress finds the following: (1) Investor confidence in fair and equitable recourse is essential to the health and stability of the securities markets and to the participation of retail investors in those markets. (2) Issuers, brokers, dealers, and investment advisers hold powerful advantages over investors, and mandatory arbitration clauses, including contracts that force investors to submit claims to arbitration or to waive the right of investors to participate in a class action lawsuit, leverage those advantages to severely restrict the ability of defrauded investors to seek redress. (3) Investors should be free to-- (A) choose arbitration to resolve disputes if they judge that arbitration truly offers them the best opportunity to efficiently and fairly settle disputes; and (B) pursue remedies in court should they view that option as superior to arbitration. (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) 78f(b)), by adding at the end the following: ``(11) The rules of the exchange prohibit the listing of any security if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code. ''; and (2) in section 15 (15 U.S.C. 78o), by amending subsection (o) to read as follows: ``(o) Limitations on Pre-Dispute Agreements.--Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any broker, dealer, funding portal, or municipal securities dealer to enter into, modify, or extend an agreement with customers or clients of that entity with respect to a future dispute between the parties that-- ``(1) mandates arbitration for that dispute; ``(2) restricts, limits, or conditions the ability of a customer or client of that entity to select or designate a forum for resolution of that dispute; or ``(3) restricts, limits, or conditions the ability of a customer or client of that entity to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.''. (b) Application to Existing Agreements.-- (1) In general.--With respect to an agreement described in section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision of that agreement that is prohibited by such section 15(o), as amended by subsection (a) of this section, is void. (2) Ongoing arbitration.--A provision of an agreement prohibited by section 15(o) of the Securities Exchange Act of 1934 (15 U.S.C. 78o(o)), as amended by subsection (a) of this section, shall not be void under paragraph (1) if arbitration required by that provision was initiated by any party on or before the date of enactment of this Act. 4. ARBITRATION AGREEMENTS IN THE SECURITIES ACT OF 1933. Section 6 of the Securities Act of 1933 (15 U.S.C. 77f) is amended by adding at the end the following: ``(f) Limitation on Arbitration Requirements.--A security may not be registered with the Commission if the issuer of the security, in the bylaws of the issuer, other governing documents, or any contract with a shareholder relating to the parties as issuer and shareholder, mandates arbitration for any dispute between the issuer and the shareholders of the issuer, without regard to whether such a provision in the bylaws, documents, or contract is otherwise permissible under title 9, United States Code.''. 5. ARBITRATION AGREEMENTS IN THE INVESTMENT ADVISERS ACT OF 1940. (a) In General.--Section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(f)) is amended to read as follows: ``(f) Notwithstanding any other provision of law, including any provision of title 9, United States Code, it shall be unlawful for any investment adviser to enter into, modify, or extend an agreement with customers or clients of the investment adviser with respect to a future dispute between the parties to that agreement that-- ``(1) mandates arbitration for that dispute; ``(2) restricts, limits, or conditions the ability of a customer or client of the investment adviser to select or designate a forum for resolution of that dispute; or ``(3) restricts, limits, or conditions the ability of a customer or client of the investment adviser to pursue a claim relating to that dispute in an individual or representative capacity or on a class action or consolidated basis.''. (b) Application to Existing Agreements.-- (1) In general.--With respect to an agreement described in section 205(f) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-5(f)), as amended by subsection (a) of this section, that was entered into before the date of enactment of this Act, any provision prohibited by such section 205(f), as amended by subsection (a) of this section, is void. 80b-5(f)), as amended by subsection (a) of this section, shall not be void under paragraph (1) if arbitration required by that provision was initiated by any party on or before the date of enactment of this Act. SEC. 6. APPLICATION. Except as otherwise stated, the amendments made by this Act shall apply with respect to any agreement entered into, modified, or extended after the date of enactment of this Act.

H.R.8711

International Affairs

United States-Ecuador Partnership Act of 2022 This bill requires and authorizes actions to strengthen the U.S.-Ecuador relationship. The President may transfer two excess Coast Guard vessels to Ecuador if there is sufficient capacity to maintain the vessels. The Department of State must develop and implement a strategy to strengthen commercial and economic ties between the United States and Ecuador, including by (1) promoting cooperation and information sharing to increase trade and investment opportunities, and (2) supporting efforts by Ecuador's government to promote a more open and competitive business environment. The State Department must also develop and implement a strategy to increase the capacity of Ecuador's justice system and law enforcement to combat crime, corruption, and the harmful influence of malign foreign and domestic actors. The U.S. Agency for International Development (USAID) must develop and implement a strategy to support inclusive economic development across Ecuador's national territory, including by facilitating increased access to financing and investment for small- and medium-sized businesses. USAID must also, by working through appropriate nonprofit organizations, develop and implement programs to provide training and technical assistance to strengthen the National Assembly of Ecuador. USAID must also develop and implement programs to improve ecosystem conservation and enhance the effective stewardship of Ecuador's natural resources. The State Department and USAID must periodically report to Congress on the implementation of these strategies and programs.

To strengthen the bilateral partnership between the United States and Ecuador in support of democratic institutions and rule of law, sustainable and inclusive economic growth, and conservation. 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 ``United States- Ecuador Partnership Act of 2022''. (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. Sense of Congress. Sec. 4. Facilitating economic and commercial ties. Sec. 5. Promoting inclusive economic development. Sec. 6. Combating illicit economies, corruption, and negative foreign influence. Sec. 7. Strengthening democratic governance. Sec. 8. Fostering conservation and stewardship. Sec. 9. Authorization to transfer excess Coast Guard vessels. Sec. 10. Reporting requirements. Sec. 11. Sunset. SEC. 2. FINDINGS. (a) Findings.--Congress makes the following findings: (1) The United States and Ecuador have a history of bilateral cooperation grounded in mutual respect, shared democratic values, and mutual security interests. (2) On February 7, 2021, and April 11, 2021, Ecuador held democratic elections that included parties from across the political spectrum, paving the way for continued progress towards strengthening democratic institutions. (3) The United States and Ecuador share strategic interests in strengthening Ecuador's democratic institutions, generating inclusive economic growth, and building capacity in law enforcement, anti-corruption, and conservation efforts. (4) The United States and Ecuador historically have enjoyed strong commercial, investment, and economic ties, yet Ecuador continues to face significant challenges to inclusive economic development, including-- (A) the heavy economic toll of the COVID-19 pandemic; (B) vulnerabilities with respect to the growing role of the People's Republic of China in the financing and refinancing of Ecuador's debts, and in strategic infrastructure projects and sectors of the Ecuadorian economy; and (C) the need to develop and strengthen open and transparent economic policies that strengthen Ecuador's integration with global markets, inclusive economic growth, and opportunities for upward social mobility for the Ecuadorian people. (5) Since its establishment in December 2019, the United States Development Finance Corporation has provided more than $440,000,000 in financing to Ecuador. (6) Ecuador's justice system has taken important steps to fight corruption and criminality and to increase accountability. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. (7) The activities undertaken by the Government of the People's Republic of China in Ecuador, including its development of the ECU-911 video surveillance and facial recognition system, financing of the corruptly managed and environmentally deleterious Coca Codo Sinclair Dam, and support for illegal, unreported, and unregulated fishing practices around the Galapagos Islands, pose risks to democratic governance and biodiversity in the country. (8) Ecuador, which is home to several of the Earth's most biodiverse ecosystems, including the Galapagos Islands, the headwaters of the Amazon river, the Condor mountain range, and the Yasuni Biosphere Reserve, has seen a reduction in its rainforests between 1990 and 2016, due in part to the incursion of criminal networks into protected areas. (9) On March 24, 2021, the Senate unanimously approved Senate Resolution 22 (117th Congress), reaffirming the partnership between the United States and the Republic of Ecuador, and recognizing the restoration and advancement of economic relations, security, and development opportunities in both nations. (10) On August 13, 2021, the United States and Ecuador celebrated the entry into force of the Protocol to the Trade and Investment Council Agreement between the Government of the United States of America and the Government of the Republic of Ecuador Relating to Trade Rules and Transparency, recognizing the steps Ecuador has taken to decrease unnecessary regulatory burden and create a more transparent and predictable legal framework for foreign direct investment in recent years. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should take additional steps to strengthen its bilateral partnership with Ecuador, including by developing robust trade and investment frameworks, increasing law enforcement cooperation, renewing the activities of the United States Agency for International Development in Ecuador, and supporting Ecuador's response to and recovery from the COVID-19 pandemic, as necessary and appropriate; and (2) strengthening the United States-Ecuador partnership presents an opportunity to advance core United States national security interests and work with other democratic partners to maintain a prosperous, politically stable, and democratic Western Hemisphere that is resilient to malign foreign influence. SEC. 4. FACILITATING ECONOMIC AND COMMERCIAL TIES. The Secretary of State, in coordination with the Secretary of Commerce, the United States Trade Representative, the Secretary of the Treasury, and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy to strengthen commercial and economic ties between the United States and Ecuador by-- (1) promoting cooperation and information sharing to encourage awareness of and increase trade and investment opportunities between the United States and Ecuador; (2) supporting efforts by the Government of Ecuador to promote a more open, transparent, and competitive business environment, including by lowering trade barriers, implementing policies to reduce trading times, and improving efficiencies to expedite customs operations for importers and exporters of all sizes, in all sectors, and at all entry ports in Ecuador; (3) establishing frameworks or mechanisms to review the long term financial sustainability and security implications of foreign investments in Ecuador in strategic sectors or services; (4) establishing competitive and transparent infrastructure project selection and procurement processes in Ecuador that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; (5) developing programs to help the Government of Ecuador improve efficiency and transparency in customs administration, including through support for the Government of Ecuador's ongoing efforts to digitize its customs process and accept electronic documents required for the import, export, and transit of goods under specific international standards, as well as related training to expedite customs, security, efficiency, and competitiveness; (6) spurring digital transformation that would advance-- (A) the provision of digitized government services with the greatest potential to improve transparency, lower business costs, and expand citizens' access to public services and public information; (B) the provision of transparent and affordable access to the internet and digital infrastructure; and (C) best practices to mitigate the risks to digital infrastructure by doing business with communication networks and communications supply chains with equipment and services from companies with close ties to or susceptible to pressure from governments or security services without reliable legal checks on governmental powers; and (7) identifying, as appropriate, a role for the United States International Development Finance Corporation, the Millennium Challenge Corporation, the United States Agency for International Development, and the United States private sector in supporting efforts to increase private sector investment and strengthen economic prosperity. SEC. 5. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT. The Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy and related programs to support inclusive economic development across Ecuador's national territory by-- (1) facilitating increased access to public and private financing, equity investments, grants, and market analysis for small and medium-sized businesses; (2) providing technical assistance to local governments to formulate and enact local development plans that invest in Indigenous and Afro-Ecuadorian communities; (3) connecting rural agricultural networks, including Indigenous and Afro-Ecuadorian agricultural networks, to consumers in urban centers and export markets, including through infrastructure construction and maintenance programs that are subject to audits and carefully designed to minimize potential environmental harm; (4) partnering with local governments, the private sector, and local civil society organizations, including organizations representing marginalized communities and faith-based organizations, to provide skills training and investment in support of initiatives that provide economically viable, legal alternatives to participating in illegal economies; and (5) connecting small scale fishing enterprises to consumers and export markets, in order to reduce vulnerability to organized criminal networks. SEC. 6. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND NEGATIVE FOREIGN INFLUENCE. The Secretary of State shall develop and implement a strategy and related programs to increase the capacity of Ecuador's justice system and law enforcement authorities to combat illicit economies, corruption, transnational criminal organizations, and the harmful influence of malign foreign and domestic actors by-- (1) providing technical assistance and support to specialized units within the Attorney General's office to combat corruption and to promote and protect internationally recognized human rights in Ecuador, including the Transparency and Anti-Corruption Unit, the Anti-Money Laundering Unit, the Task Force to Combat Corruption in Central America, and the Environmental Crimes Unit; (2) strengthening bilateral assistance and complementary support through multilateral anti-corruption mechanisms, as necessary and appropriate, to counter corruption and recover assets derived from corruption, including through strengthening independent inspectors general to track and reduce corruption; (3) improving the technical capacity of prosecutors and financial institutions in Ecuador to combat corruption by-- (A) detecting and investigating suspicious financial transactions, and conducting asset forfeitures and criminal analysis; and (B) combating money laundering, financial crimes, and extortion; (4) providing technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to vetted specialized units of Ecuador's national police and the armed services to disrupt, degrade, and dismantle organizations involved in illicit narcotics trafficking, transnational criminal activities, illicit mining, and illegal, unregulated, and unreported fishing, among other illicit activities; (5) providing technical assistance to address challenges related to Ecuador's penitentiary and corrections system; (6) strengthening the regulatory framework of mining through collaboration with key Ecuadorian institutions, such as the Interior Ministry's Special Commission for the Control of Illegal Mining and the National Police's Investigative Unit on Mining Crimes, and providing technical assistance in support of their law enforcement activities; (7) providing technical assistance to judges, prosecutors, and ombudsmen to increase capacity to enforce laws against human smuggling and trafficking, illicit mining, illegal logging, illegal, unregulated, and unreported (IUU) fishing, and other illicit economic activities; (8) providing support to the Government of Ecuador to prevent illegal, unreported, and unregulated fishing, including through expanding detection and response capabilities, and the use of dark vessel tracing technology; (9) supporting multilateral efforts to stem illegal, unreported, and unregulated fishing with neighboring countries in South America and within the South Pacific Regional Fisheries Management Organisation; (10) assisting the Government of Ecuador's efforts to protect defenders of internationally recognized human rights, including through the work of the Office of the Ombudsman of Ecuador, and by encouraging the inclusion of Indigenous and Afro-Ecuadorian communities and civil society organizations in this process; (11) supporting efforts to improve transparency, uphold accountability, and build capacity within the Office of the Comptroller General; (12) enhancing the institutional capacity and technical capabilities of defense and security institutions of Ecuador to conduct national or regional security missions, including through regular bilateral and multilateral cooperation, foreign military financing, international military education, and training programs, consistent with applicable Ecuadorian laws and regulations; (13) enhancing port management and maritime security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; and (14) strengthening cybersecurity cooperation-- (A) to effectively respond to cybersecurity threats, including state-sponsored threats; (B) to share best practices to combat such threats; (C) to help develop and implement information architectures that respect individual privacy rights and reduce the risk that data collected through such systems will be exploited by malign state and non-state actors; (D) to strengthen resilience against cyberattacks, misinformation, and propaganda; and (E) to strengthen the resilience of critical infrastructure. SEC. 7. STRENGTHENING DEMOCRATIC GOVERNANCE. (a) Strengthening Democratic Governance.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting-- (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media-- (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro- Ecuadorian communities. (b) Legislative Strengthening.--The Administrator of the United States Agency for International Development, working through the Consortium for Elections and Political Process Strengthening or any equivalent or successor mechanism, shall develop and implement programs to strengthen the National Assembly of Ecuador by providing training and technical assistance to-- (1) members and committee offices of the National Assembly of Ecuador, including the Ethics Committee and Audit Committee; (2) assist in the creation of entities that can offer comprehensive and independent research and analysis on legislative and oversight matters pending before the National Assembly, including budgetary and economic issues; and (3) improve democratic governance and government transparency, including through effective legislation. (c) Bilateral Legislative Cooperation.--To the degree practicable, in implementing the programs required under subsection (b), the Administrator of the United States Agency for International Development should facilitate meetings and collaboration between members of the United States Congress and the National Assembly of Ecuador. SEC. 8. FOSTERING CONSERVATION AND STEWARDSHIP. The Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, shall develop and implement programs and enhance existing programs, as necessary and appropriate, to improve ecosystem conservation and enhance the effective stewardship of Ecuador's natural resources by-- (1) providing technical assistance to Ecuador's Ministry of the Environment to safeguard national parks and protected forests and protected species, while promoting the participation of Indigenous communities in this process; (2) strengthening the capacity of communities to access the right to prior consultation, encoded in Article 57 of the Constitution of Ecuador and related laws, executive decrees, administrative acts, and ministerial regulations; (3) supporting Indigenous and Afro-Ecuadorian communities as they raise awareness of threats to biodiverse ancestral lands, including through support for local media in such communities and technical assistance to monitor illicit activities; (4) partnering with the Government of Ecuador in support of reforestation and improving river, lake, and coastal water quality; (5) providing assistance to communities affected by illegal mining and deforestation; and (6) fostering mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by-- (A) establishing regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; and (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences. SEC. 9. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD VESSELS. (a) Sense of Congress.--It is the sense of Congress that the United States should undertake efforts to expand cooperation with the Government of Ecuador to-- (1) ensure protections for the Galapagos Marine Reserve; (2) deter illegal, unreported, and unregulated fishing; and (3) increase interdiction of narcotics trafficking and other forms of illicit trafficking. (b) Authority To Transfer Excess Coast Guard Vessels to the Government of Ecuador.--The President shall conduct a joint assessment with the Government of Ecuador to ensure sufficient capacity exists to maintain Island class cutters. Upon completion of a favorable assessment, the President is authorized to transfer up to two ISLAND class cutters to the Government of Ecuador as excess defense articles pursuant to the authority of section 516 of the Foreign Assistance Act (22 U.S.C. 2321j). (c) Grants Not Counted in Annual Total of Transferred Excess Defense Articles.--The value of a vessel transferred to another country on a grant basis pursuant to authority provided by subsection (b) shall not be counted against the aggregate value of excess defense articles transferred in any fiscal year under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (d) Costs of Transfers.--Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)). (e) Repair and Refurbishment in United States Shipyards.--To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States. (f) Expiration of Authority.--The authority to transfer a vessel under this section shall expire at the end of the 3-year period beginning on the date of the enactment of this Act. SEC. 10. REPORTING REQUIREMENTS. (a) Secretary of State.--The Secretary of State, in coordination with the heads of other relevant Federal departments and agencies as described in sections 4, 6, and 7(a), shall-- (1) not later than 180 days after the date of the enactment of this Act, submit to the appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 6, and 7(a); and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (b) Administrator of the United States Agency for International Development.--The Administrator of the United States Agency for International Development, in coordination with the heads of other relevant Federal departments and agencies as described in sections 5, 7(b), and 8, shall-- (1) not later than 180 days after the date of the enactment of this Act, submit to appropriate congressional committees a comprehensive strategy to address the requirements described in sections 4, 7(b), and 8; and (2) not later than 2 years and 4 years after submitting the comprehensive strategy under paragraph (1), submit to the appropriate congressional committees a report describing the implementation of the strategy. (c) Submission.--The strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. (d) Appropriate Congressional Committees.--In this act, the term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. SEC. 11. SUNSET. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act. <all>

United States-Ecuador Partnership Act of 2022

To strengthen the bilateral partnership between the United States and Ecuador in support of democratic institutions and rule of law, sustainable and inclusive economic growth, and conservation.

United States-Ecuador Partnership Act of 2022

Rep. Sires, Albio

D

NJ

This bill requires and authorizes actions to strengthen the U.S.-Ecuador relationship. The President may transfer two excess Coast Guard vessels to Ecuador if there is sufficient capacity to maintain the vessels. The Department of State must develop and implement a strategy to strengthen commercial and economic ties between the United States and Ecuador, including by (1) promoting cooperation and information sharing to increase trade and investment opportunities, and (2) supporting efforts by Ecuador's government to promote a more open and competitive business environment. The State Department must also develop and implement a strategy to increase the capacity of Ecuador's justice system and law enforcement to combat crime, corruption, and the harmful influence of malign foreign and domestic actors. The U.S. Agency for International Development (USAID) must develop and implement a strategy to support inclusive economic development across Ecuador's national territory, including by facilitating increased access to financing and investment for small- and medium-sized businesses. USAID must also, by working through appropriate nonprofit organizations, develop and implement programs to provide training and technical assistance to strengthen the National Assembly of Ecuador. USAID must also develop and implement programs to improve ecosystem conservation and enhance the effective stewardship of Ecuador's natural resources. The State Department and USAID must periodically report to Congress on the implementation of these strategies and programs.

(a) Short Title.--This Act may be cited as the ``United States- Ecuador Partnership Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Findings. Sense of Congress. Facilitating economic and commercial ties. Promoting inclusive economic development. Combating illicit economies, corruption, and negative foreign influence. Strengthening democratic governance. Fostering conservation and stewardship. Authorization to transfer excess Coast Guard vessels. Reporting requirements. Sec. Sunset. 2. (a) Findings.--Congress makes the following findings: (1) The United States and Ecuador have a history of bilateral cooperation grounded in mutual respect, shared democratic values, and mutual security interests. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. 3. 4. 5. 6. 7. (a) Strengthening Democratic Governance.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting-- (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media-- (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro- Ecuadorian communities. 8. 9. Upon completion of a favorable assessment, the President is authorized to transfer up to two ISLAND class cutters to the Government of Ecuador as excess defense articles pursuant to the authority of section 516 of the Foreign Assistance Act (22 U.S.C. 2321j(e)). 10. (c) Submission.--The strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. 11. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act.

(a) Short Title.--This Act may be cited as the ``United States- Ecuador Partnership Act of 2022''. 1. Findings. Sense of Congress. Facilitating economic and commercial ties. Promoting inclusive economic development. Combating illicit economies, corruption, and negative foreign influence. Strengthening democratic governance. Fostering conservation and stewardship. Authorization to transfer excess Coast Guard vessels. Reporting requirements. Sec. 2. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. 3. 4. 5. 6. 7. (a) Strengthening Democratic Governance.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting-- (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media-- (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro- Ecuadorian communities. 8. 9. Upon completion of a favorable assessment, the President is authorized to transfer up to two ISLAND class cutters to the Government of Ecuador as excess defense articles pursuant to the authority of section 516 of the Foreign Assistance Act (22 U.S.C. 2321j(e)). 10. (c) Submission.--The strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. 11. This Act shall terminate on the date that is 5 years 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. (a) Short Title.--This Act may be cited as the ``United States- Ecuador Partnership Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Findings. Sense of Congress. Facilitating economic and commercial ties. Promoting inclusive economic development. Combating illicit economies, corruption, and negative foreign influence. Strengthening democratic governance. Fostering conservation and stewardship. Authorization to transfer excess Coast Guard vessels. Reporting requirements. Sec. Sunset. 2. (a) Findings.--Congress makes the following findings: (1) The United States and Ecuador have a history of bilateral cooperation grounded in mutual respect, shared democratic values, and mutual security interests. (6) Ecuador's justice system has taken important steps to fight corruption and criminality and to increase accountability. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. 3. 4. 5. The Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy and related programs to support inclusive economic development across Ecuador's national territory by-- (1) facilitating increased access to public and private financing, equity investments, grants, and market analysis for small and medium-sized businesses; (2) providing technical assistance to local governments to formulate and enact local development plans that invest in Indigenous and Afro-Ecuadorian communities; (3) connecting rural agricultural networks, including Indigenous and Afro-Ecuadorian agricultural networks, to consumers in urban centers and export markets, including through infrastructure construction and maintenance programs that are subject to audits and carefully designed to minimize potential environmental harm; (4) partnering with local governments, the private sector, and local civil society organizations, including organizations representing marginalized communities and faith-based organizations, to provide skills training and investment in support of initiatives that provide economically viable, legal alternatives to participating in illegal economies; and (5) connecting small scale fishing enterprises to consumers and export markets, in order to reduce vulnerability to organized criminal networks. 6. 7. (a) Strengthening Democratic Governance.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting-- (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media-- (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro- Ecuadorian communities. 8. 9. Upon completion of a favorable assessment, the President is authorized to transfer up to two ISLAND class cutters to the Government of Ecuador as excess defense articles pursuant to the authority of section 516 of the Foreign Assistance Act (22 U.S.C. 2321j(e)). (e) Repair and Refurbishment in United States Shipyards.--To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States. 10. (c) Submission.--The strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. 11. This Act shall terminate on the date that is 5 years 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. (a) Short Title.--This Act may be cited as the ``United States- Ecuador Partnership Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Findings. Sense of Congress. Facilitating economic and commercial ties. Promoting inclusive economic development. Combating illicit economies, corruption, and negative foreign influence. Strengthening democratic governance. Fostering conservation and stewardship. Authorization to transfer excess Coast Guard vessels. Reporting requirements. Sec. Sunset. 2. (a) Findings.--Congress makes the following findings: (1) The United States and Ecuador have a history of bilateral cooperation grounded in mutual respect, shared democratic values, and mutual security interests. (6) Ecuador's justice system has taken important steps to fight corruption and criminality and to increase accountability. However, enduring challenges to the rule of law in Ecuador, including the activities of transnational criminal organizations, illicit mining, illegal, unreported, and unregulated (IUU) fishing, and undemocratic actors, present ongoing risks for political and social stability in Ecuador. 3. 4. 5. The Administrator of the United States Agency for International Development, in coordination with the Secretary of State and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement a strategy and related programs to support inclusive economic development across Ecuador's national territory by-- (1) facilitating increased access to public and private financing, equity investments, grants, and market analysis for small and medium-sized businesses; (2) providing technical assistance to local governments to formulate and enact local development plans that invest in Indigenous and Afro-Ecuadorian communities; (3) connecting rural agricultural networks, including Indigenous and Afro-Ecuadorian agricultural networks, to consumers in urban centers and export markets, including through infrastructure construction and maintenance programs that are subject to audits and carefully designed to minimize potential environmental harm; (4) partnering with local governments, the private sector, and local civil society organizations, including organizations representing marginalized communities and faith-based organizations, to provide skills training and investment in support of initiatives that provide economically viable, legal alternatives to participating in illegal economies; and (5) connecting small scale fishing enterprises to consumers and export markets, in order to reduce vulnerability to organized criminal networks. 6. 7. (a) Strengthening Democratic Governance.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, should develop and implement initiatives to strengthen democratic governance in Ecuador by supporting-- (1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes; (2) efforts that measurably enhance the capacity of political actors and parties to strengthen democratic institutions and the rule of law; (3) initiatives to strengthen democratic governance, including combating political, administrative, and judicial corruption and improving transparency of the administration of public budgets; and (4) the efforts of civil society organizations and independent media-- (A) to conduct oversight of the Government of Ecuador and the National Assembly of Ecuador; (B) to promote initiatives that strengthen democratic governance, anti-corruption standards, and public and private sector transparency; and (C) to foster political engagement between the Government of Ecuador, including the National Assembly of Ecuador, and all parts of Ecuadorian society, including women, indigenous communities, and Afro- Ecuadorian communities. 8. 9. Upon completion of a favorable assessment, the President is authorized to transfer up to two ISLAND class cutters to the Government of Ecuador as excess defense articles pursuant to the authority of section 516 of the Foreign Assistance Act (22 U.S.C. 2321j(e)). (e) Repair and Refurbishment in United States Shipyards.--To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States. 10. (c) Submission.--The strategies and reports required under subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports. 11. This Act shall terminate on the date that is 5 years after the date of the enactment of this Act.

S.855

Public Lands and Natural Resources

Water Rights Protection Act of 2021 This bill prohibits the Departments of the Interior and Agriculture from In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights.

To prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretary of the Interior and the Secretary of Agriculture, 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 ``Water Rights Protection Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means, as applicable-- (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right.--The term ``water right'' means any surface water, groundwater, or water storage use filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State, in which the user acquires possession of the water or puts the water to beneficial use, including water rights of federally recognized Indian Tribes. SEC. 3. POLICY DEVELOPMENT. In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary-- (1) shall-- (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not-- (A) assert any connection between surface water and groundwater that is inconsistent with such a connection recognized by State water law; or (B) take any action that adversely affects-- (i) the authority of a State in-- (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term ``beneficial use'', ``priority of water rights'', or ``terms of use''; or (iii) any other right or obligation of a State established under State law. SEC. 4. TREATMENT OF WATER RIGHTS. The Secretary shall not-- (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right- of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on-- (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. SEC. 5. EFFECT. (a) Reclamation Contracts.--Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (b) Endangered Species Act.--Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (c) Federal Reserved Water Rights.--Nothing in this Act limits or expands any existing or future reserved water rights of the Federal Government on land administered by the Secretary. (d) Federal Power Act.--Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 811). (e) Indian Water Rights.--Nothing in this Act limits or expands any existing or future reserved water right or treaty right of any federally recognized Indian Tribe. (f) Federally Held State Water Rights.--Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States. (g) Interstate Compacts.--Nothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact. <all>

Water Rights Protection Act of 2021

A bill to prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretary of the Interior and the Secretary of Agriculture, and for other purposes.

Water Rights Protection Act of 2021

Sen. Barrasso, John

R

WY

This bill prohibits the Departments of the Interior and Agriculture from In developing any rule or similar federal action relating to the issuance, renewal, amendment, or extension of any permit, such departments (1) shall recognize the longstanding water use authority of the states and coordinate with the states to ensure that any federal action is consistent with applicable state water law, and (2) shall not adversely affect the authority of a state in permitting the beneficial use of water or adjudicating water rights.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DEFINITIONS. POLICY DEVELOPMENT. 4. TREATMENT OF WATER RIGHTS. The Secretary shall not-- (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right- of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on-- (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. SEC. 5. EFFECT. (a) Reclamation Contracts.--Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. (b) Endangered Species Act.--Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 797(e), 803(j), 811). (f) Federally Held State Water Rights.--Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. DEFINITIONS. POLICY DEVELOPMENT. 4. TREATMENT OF WATER RIGHTS. The Secretary shall not-- (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right- of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on-- (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. SEC. 5. EFFECT. (a) Reclamation Contracts.--Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. (b) Endangered Species Act.--Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 797(e), 803(j), 811). (f) Federally Held State Water Rights.--Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by 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 ``Water Rights Protection Act of 2021''. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means, as applicable-- (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right.--The term ``water right'' means any surface water, groundwater, or water storage use filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State, in which the user acquires possession of the water or puts the water to beneficial use, including water rights of federally recognized Indian Tribes. POLICY DEVELOPMENT. In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary-- (1) shall-- (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not-- (A) assert any connection between surface water and groundwater that is inconsistent with such a connection recognized by State water law; or (B) take any action that adversely affects-- (i) the authority of a State in-- (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term ``beneficial use'', ``priority of water rights'', or ``terms of use''; or (iii) any other right or obligation of a State established under State law. 4. TREATMENT OF WATER RIGHTS. The Secretary shall not-- (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right- of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on-- (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. SEC. 5. EFFECT. (a) Reclamation Contracts.--Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (b) Endangered Species Act.--Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (c) Federal Reserved Water Rights.--Nothing in this Act limits or expands any existing or future reserved water rights of the Federal Government on land administered by the Secretary. 797(e), 803(j), 811). (f) Federally Held State Water Rights.--Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States. (g) Interstate Compacts.--Nothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact.

To prohibit the conditioning of any permit, lease, or other use agreement on the transfer of any water right to the United States by the Secretary of the Interior and the Secretary of Agriculture, 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 ``Water Rights Protection Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means, as applicable-- (A) the Secretary of Agriculture; or (B) the Secretary of the Interior. (2) Water right.--The term ``water right'' means any surface water, groundwater, or water storage use filed, permitted, certificated, confirmed, decreed, adjudicated, or otherwise recognized by a judicial proceeding or by the State, in which the user acquires possession of the water or puts the water to beneficial use, including water rights of federally recognized Indian Tribes. SEC. 3. POLICY DEVELOPMENT. In developing any rule, policy, directive, management plan, or similar Federal action relating to the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, the Secretary-- (1) shall-- (A) recognize the longstanding authority of the States relating to evaluating, protecting, allocating, regulating, permitting, and adjudicating water use; and (B) coordinate with the States to ensure that any rule, policy, directive, management plan, or similar Federal action is consistent with, and imposes no greater restriction or regulatory requirement, than applicable State water law; and (2) shall not-- (A) assert any connection between surface water and groundwater that is inconsistent with such a connection recognized by State water law; or (B) take any action that adversely affects-- (i) the authority of a State in-- (I) permitting the beneficial use of water; or (II) adjudicating water rights; (ii) any definition established by a State with respect to the term ``beneficial use'', ``priority of water rights'', or ``terms of use''; or (iii) any other right or obligation of a State established under State law. SEC. 4. TREATMENT OF WATER RIGHTS. The Secretary shall not-- (1) condition the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement on the transfer of any water right (including joint and sole ownership) directly or indirectly to the United States, or on any impairment of title or interest, in whole or in part, granted or otherwise recognized under State law, by Federal or State adjudication, decree, or other judgment, or pursuant to any interstate water compact; (2) require any water user (including any federally recognized Indian Tribe) to apply for or acquire a water right in the name of the United States under State law as a condition of the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right- of-way, or other land use or occupancy agreement; or (3) condition or withhold the issuance, renewal, amendment, or extension of any permit, approval, license, lease, allotment, easement, right-of-way, or other land use or occupancy agreement, in whole or in part, on-- (A) limiting the date, time, quantity, location of diversion or pumping, or place of use of a State water right beyond any applicable limitations under State water law; or (B) the modification of the terms and conditions of groundwater withdrawal, guidance and reporting procedures, or conservation and source protection measures established by a State. SEC. 5. EFFECT. (a) Reclamation Contracts.--Nothing in this Act in any way interferes with any existing or future Bureau of Reclamation contract entered into pursuant to Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act). (b) Endangered Species Act.--Nothing in this Act affects the implementation of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (c) Federal Reserved Water Rights.--Nothing in this Act limits or expands any existing or future reserved water rights of the Federal Government on land administered by the Secretary. (d) Federal Power Act.--Nothing in this Act limits or expands authorities pursuant to sections 4(e), 10(j), or 18 of the Federal Power Act (16 U.S.C. 797(e), 803(j), 811). (e) Indian Water Rights.--Nothing in this Act limits or expands any existing or future reserved water right or treaty right of any federally recognized Indian Tribe. (f) Federally Held State Water Rights.--Nothing in this Act limits the ability of the Secretary, through applicable State procedures, to acquire, use, enforce, or protect a State water right owned by the United States. (g) Interstate Compacts.--Nothing in this Act affects an allocation contained in, or limitations and requirements of, any interstate water compact or decree of the Supreme Court of the United States interpreting or enforcing an interstate water compact. <all>

S.154

Health

Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021 This bill establishes a reciprocal marketing approval process that allows for the sale of a drug, biological product, or medical device that has not been approved by the Food and Drug Administration (FDA) if the product is approved for sale in another country and there is an unmet need. Specifically, the bill requires the product's sponsor to demonstrate, among other things, that (1) the product has been approved in one of the specified countries, (2) neither the FDA nor any of the specified countries have withdrawn approval for the product because of safety or effectiveness concerns, and (3) there is a public health or unmet medical need for the product. The FDA may decline approval if the FDA determines that the product is not safe or effective. The FDA may condition reciprocal approval on the conduct of postmarket studies. The FDA must issue a decision on whether to grant a request for reciprocal marketing approval within 30 days of receiving the request. Congress may pass a joint resolution to grant reciprocal marketing approval of a product that the FDA declines to approve through the reciprocal process.

To amend the Federal Food, Drug, and Cosmetic Act to provide for reciprocal marketing approval of certain drugs, biological products, and devices that are authorized to be lawfully marketed abroad, 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 ``Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021''. SEC. 2. RECIPROCAL MARKETING APPROVAL FOR CERTAIN DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A of such Act (21 U.S.C. 360n-1) the following: ``SEC. 524B. RECIPROCAL MARKETING APPROVAL. ``(a) In General.--A covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(b) Eligibility.--The Secretary shall, with respect to a covered product, grant reciprocal marketing approval if-- ``(1) the sponsor of the covered product submits a request for reciprocal marketing approval; and ``(2) the request demonstrates to the Secretary's satisfaction that-- ``(A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom; ``(B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); ``(C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; ``(D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; ``(E) the covered product is not a banned device under section 516; and ``(F) there is a public health or unmet medical need for the covered product in the United States. ``(c) Safety and Effectiveness.-- ``(1) In general.--The Secretary-- ``(A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product-- ``(i) is a drug that is not safe and effective; or ``(ii) is a device for which there is no reasonable assurance of safety and effectiveness; and ``(B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505-1. ``(2) Report to congress.--Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall-- ``(A) include the denial in a list of such denials for each month; and ``(B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(d) Request.--A request for reciprocal marketing approval shall-- ``(1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and ``(2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. ``(e) Timing.--The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary's receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). ``(f) Labeling; Device Classification.--During the 30-day period described in subsection (e)-- ``(1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and ``(2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall-- ``(A) classify the device pursuant to section 513; and ``(B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. ``(g) Congressional Disapproval of FDA Orders.-- ``(1) In general.--A decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted. ``(2) Procedure.-- ``(A) In general.--Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. ``(B) Terms.--For purposes of this subsection-- ``(i) the reference to `section 801(a)(1)' in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and ``(ii) the reference to `section 801(a)(1)(A)' in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). ``(3) Effect of congressional disapproval.--Reciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection. ``(h) Applicability of Relevant Provisions.--The provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect. ``(i) Fees for Request.--For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(j) Outreach.--The Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. ``(k) Covered Product Defined.--In this section, the term `covered product' means a drug, biological product, or device.''. <all>

Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021

A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for reciprocal marketing approval of certain drugs, biological products, and devices that are authorized to be lawfully marketed abroad, and for other purposes.

Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021

Sen. Cruz, Ted

R

TX

This bill establishes a reciprocal marketing approval process that allows for the sale of a drug, biological product, or medical device that has not been approved by the Food and Drug Administration (FDA) if the product is approved for sale in another country and there is an unmet need. Specifically, the bill requires the product's sponsor to demonstrate, among other things, that (1) the product has been approved in one of the specified countries, (2) neither the FDA nor any of the specified countries have withdrawn approval for the product because of safety or effectiveness concerns, and (3) there is a public health or unmet medical need for the product. The FDA may decline approval if the FDA determines that the product is not safe or effective. The FDA may condition reciprocal approval on the conduct of postmarket studies. The FDA must issue a decision on whether to grant a request for reciprocal marketing approval within 30 days of receiving the request. Congress may pass a joint resolution to grant reciprocal marketing approval of a product that the FDA declines to approve through the reciprocal process.

This Act may be cited as the ``Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021''. 2. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A of such Act (21 U.S.C. 360n-1) the following: ``SEC. 524B. RECIPROCAL MARKETING APPROVAL. ``(c) Safety and Effectiveness.-- ``(1) In general.--The Secretary-- ``(A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product-- ``(i) is a drug that is not safe and effective; or ``(ii) is a device for which there is no reasonable assurance of safety and effectiveness; and ``(B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505-1. ``(2) Report to congress.--Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall-- ``(A) include the denial in a list of such denials for each month; and ``(B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(e) Timing.--The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary's receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). ``(f) Labeling; Device Classification.--During the 30-day period described in subsection (e)-- ``(1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and ``(2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall-- ``(A) classify the device pursuant to section 513; and ``(B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. ``(2) Procedure.-- ``(A) In general.--Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. ``(i) Fees for Request.--For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(k) Covered Product Defined.--In this section, the term `covered product' means a drug, biological product, or device.''.

This Act may be cited as the ``Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021''. 2. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A of such Act (21 U.S.C. 360n-1) the following: ``SEC. 524B. RECIPROCAL MARKETING APPROVAL. ``(2) Report to congress.--Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall-- ``(A) include the denial in a list of such denials for each month; and ``(B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(e) Timing.--The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary's receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). ``(2) Procedure.-- ``(A) In general.--Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. ``(i) Fees for Request.--For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(k) Covered Product Defined.--In this section, the term `covered product' means a drug, biological product, 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 ``Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021''. 2. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A of such Act (21 U.S.C. 360n-1) the following: ``SEC. 524B. RECIPROCAL MARKETING APPROVAL. ``(c) Safety and Effectiveness.-- ``(1) In general.--The Secretary-- ``(A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product-- ``(i) is a drug that is not safe and effective; or ``(ii) is a device for which there is no reasonable assurance of safety and effectiveness; and ``(B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505-1. ``(2) Report to congress.--Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall-- ``(A) include the denial in a list of such denials for each month; and ``(B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(d) Request.--A request for reciprocal marketing approval shall-- ``(1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and ``(2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. ``(e) Timing.--The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary's receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). ``(f) Labeling; Device Classification.--During the 30-day period described in subsection (e)-- ``(1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and ``(2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall-- ``(A) classify the device pursuant to section 513; and ``(B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. ``(2) Procedure.-- ``(A) In general.--Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. ``(B) Terms.--For purposes of this subsection-- ``(i) the reference to `section 801(a)(1)' in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and ``(ii) the reference to `section 801(a)(1)(A)' in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). ``(i) Fees for Request.--For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(j) Outreach.--The Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. ``(k) Covered Product Defined.--In this section, the term `covered product' means a drug, biological product, 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 ``Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021''. 2. RECIPROCAL MARKETING APPROVAL FOR CERTAIN DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A of such Act (21 U.S.C. 360n-1) the following: ``SEC. 524B. RECIPROCAL MARKETING APPROVAL. ``(b) Eligibility.--The Secretary shall, with respect to a covered product, grant reciprocal marketing approval if-- ``(1) the sponsor of the covered product submits a request for reciprocal marketing approval; and ``(2) the request demonstrates to the Secretary's satisfaction that-- ``(A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom; ``(B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); ``(C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; ``(D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; ``(E) the covered product is not a banned device under section 516; and ``(F) there is a public health or unmet medical need for the covered product in the United States. ``(c) Safety and Effectiveness.-- ``(1) In general.--The Secretary-- ``(A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product-- ``(i) is a drug that is not safe and effective; or ``(ii) is a device for which there is no reasonable assurance of safety and effectiveness; and ``(B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505-1. ``(2) Report to congress.--Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall-- ``(A) include the denial in a list of such denials for each month; and ``(B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(d) Request.--A request for reciprocal marketing approval shall-- ``(1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and ``(2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. ``(e) Timing.--The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary's receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). ``(f) Labeling; Device Classification.--During the 30-day period described in subsection (e)-- ``(1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and ``(2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall-- ``(A) classify the device pursuant to section 513; and ``(B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. ``(2) Procedure.-- ``(A) In general.--Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. ``(B) Terms.--For purposes of this subsection-- ``(i) the reference to `section 801(a)(1)' in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and ``(ii) the reference to `section 801(a)(1)(A)' in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). ``(h) Applicability of Relevant Provisions.--The provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect. ``(i) Fees for Request.--For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(j) Outreach.--The Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. ``(k) Covered Product Defined.--In this section, the term `covered product' means a drug, biological product, or device.''.

S.2020

Education

Terrorism Survivors Student Loan Deferment Act This bill allows a borrower who is a victim of a terrorist attack to defer payment of federal student loans for up to one year.

To amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Survivors Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR VICTIMS OF TERRORIST ATTACKS. (a) Terms of Federally Insured Student Loans.--Section 427(a)(2)(C) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(C)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(v) not in excess of 1 year due to the borrower being a victim of a terrorist attack;''. (b) FFEL Program.--Section 428(b) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)) is amended-- (1) in paragraph (1)(M)-- (A) in clause (iv), by striking ``or'' after the semicolon; (B) in clause (v), by inserting ``or'' after the semicolon; and (C) by adding at the end the following: ``(vi) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (10);''; and (2) by adding at the end the following: ``(10) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (1)(M)(vi), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (c) Direct Loans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (e)(7)(B)(i), by inserting ``or due to the borrower being a victim of a terrorist attack'' after ``section 435(o)''; and (2) in subsection (f)-- (A) in paragraph (2)-- (i) in subparagraph (C), by striking ``clause (i) or (ii); or'' and inserting ``clause (i) or (ii);''; (ii) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(E) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (6).''; and (B) by adding at the end the following: ``(6) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (2)(E), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (d) Federal Perkins Loans.--Section 464(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``or'' after the semicolon; (B) in clause (vi), by inserting ``or'' after the semicolon; and (C) by inserting after clause (vi) the following: ``(vii) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in subparagraph (D);''; and (2) by adding at the end the following: ``(D) For purposes of deferment under subparagraph (A)(vii), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (e) Designating Victims of Terrorist Attacks.--The head of the Federal agency that is handling the investigation of a terrorist attack, or has handled the investigation of a terrorist attack, shall designate the individuals who are victims of such terrorist attack. (f) Anti-Fraud Protections.--The Secretary of Education shall establish anti-fraud protections in carrying out the amendments made by this Act. <all>

Terrorism Survivors Student Loan Deferment Act

A bill to amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks.

Terrorism Survivors Student Loan Deferment Act

Sen. Rubio, Marco

R

FL

This bill allows a borrower who is a victim of a terrorist attack to defer payment of federal student loans for up to one year.

To amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Survivors Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR VICTIMS OF TERRORIST ATTACKS. (a) Terms of Federally Insured Student Loans.--Section 427(a)(2)(C) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(C)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(v) not in excess of 1 year due to the borrower being a victim of a terrorist attack;''. (b) FFEL Program.--Section 428(b) of the Higher Education Act of 1965 (20 U.S.C. (c) Direct Loans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (e)(7)(B)(i), by inserting ``or due to the borrower being a victim of a terrorist attack'' after ``section 435(o)''; and (2) in subsection (f)-- (A) in paragraph (2)-- (i) in subparagraph (C), by striking ``clause (i) or (ii); or'' and inserting ``clause (i) or (ii);''; (ii) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(E) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (6). ''; and (B) by adding at the end the following: ``(6) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (2)(E), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (d) Federal Perkins Loans.--Section 464(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``or'' after the semicolon; (B) in clause (vi), by inserting ``or'' after the semicolon; and (C) by inserting after clause (vi) the following: ``(vii) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in subparagraph (D);''; and (2) by adding at the end the following: ``(D) For purposes of deferment under subparagraph (A)(vii), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (f) Anti-Fraud Protections.--The Secretary of Education shall establish anti-fraud protections in carrying out the amendments made by 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 ``Terrorism Survivors Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR VICTIMS OF TERRORIST ATTACKS. 1077(a)(2)(C)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(v) not in excess of 1 year due to the borrower being a victim of a terrorist attack;''. (c) Direct Loans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. ''; and (B) by adding at the end the following: ``(6) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (2)(E), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. 1087dd(c)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``or'' after the semicolon; (B) in clause (vi), by inserting ``or'' after the semicolon; and (C) by inserting after clause (vi) the following: ``(vii) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in subparagraph (D);''; and (2) by adding at the end the following: ``(D) For purposes of deferment under subparagraph (A)(vii), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (f) Anti-Fraud Protections.--The Secretary of Education shall establish anti-fraud protections in carrying out the amendments made by this Act.

To amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Survivors Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR VICTIMS OF TERRORIST ATTACKS. (a) Terms of Federally Insured Student Loans.--Section 427(a)(2)(C) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(C)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(v) not in excess of 1 year due to the borrower being a victim of a terrorist attack;''. (b) FFEL Program.--Section 428(b) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)) is amended-- (1) in paragraph (1)(M)-- (A) in clause (iv), by striking ``or'' after the semicolon; (B) in clause (v), by inserting ``or'' after the semicolon; and (C) by adding at the end the following: ``(vi) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (10);''; and (2) by adding at the end the following: ``(10) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (1)(M)(vi), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (c) Direct Loans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (e)(7)(B)(i), by inserting ``or due to the borrower being a victim of a terrorist attack'' after ``section 435(o)''; and (2) in subsection (f)-- (A) in paragraph (2)-- (i) in subparagraph (C), by striking ``clause (i) or (ii); or'' and inserting ``clause (i) or (ii);''; (ii) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(E) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (6).''; and (B) by adding at the end the following: ``(6) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (2)(E), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (d) Federal Perkins Loans.--Section 464(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``or'' after the semicolon; (B) in clause (vi), by inserting ``or'' after the semicolon; and (C) by inserting after clause (vi) the following: ``(vii) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in subparagraph (D);''; and (2) by adding at the end the following: ``(D) For purposes of deferment under subparagraph (A)(vii), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (e) Designating Victims of Terrorist Attacks.--The head of the Federal agency that is handling the investigation of a terrorist attack, or has handled the investigation of a terrorist attack, shall designate the individuals who are victims of such terrorist attack. (f) Anti-Fraud Protections.--The Secretary of Education shall establish anti-fraud protections in carrying out the amendments made by this Act. <all>

To amend the Higher Education Act of 1965 to provide student loan deferment for victims of terrorist attacks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Survivors Student Loan Deferment Act''. SEC. 2. STUDENT LOAN DEFERMENT FOR VICTIMS OF TERRORIST ATTACKS. (a) Terms of Federally Insured Student Loans.--Section 427(a)(2)(C) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(C)) is amended-- (1) in clause (iii), by striking ``or'' after the semicolon; (2) in clause (iv), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(v) not in excess of 1 year due to the borrower being a victim of a terrorist attack;''. (b) FFEL Program.--Section 428(b) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)) is amended-- (1) in paragraph (1)(M)-- (A) in clause (iv), by striking ``or'' after the semicolon; (B) in clause (v), by inserting ``or'' after the semicolon; and (C) by adding at the end the following: ``(vi) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (10);''; and (2) by adding at the end the following: ``(10) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (1)(M)(vi), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (c) Direct Loans.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (e)(7)(B)(i), by inserting ``or due to the borrower being a victim of a terrorist attack'' after ``section 435(o)''; and (2) in subsection (f)-- (A) in paragraph (2)-- (i) in subparagraph (C), by striking ``clause (i) or (ii); or'' and inserting ``clause (i) or (ii);''; (ii) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(E) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in paragraph (6).''; and (B) by adding at the end the following: ``(6) Deferment for victims of terrorist attacks.--For purposes of deferment under paragraph (2)(E), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (d) Federal Perkins Loans.--Section 464(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)(2)) is amended-- (1) in subparagraph (A)-- (A) in clause (v), by striking ``or'' after the semicolon; (B) in clause (vi), by inserting ``or'' after the semicolon; and (C) by inserting after clause (vi) the following: ``(vii) not in excess of 1 year due to the borrower being a victim of a terrorist attack as described in subparagraph (D);''; and (2) by adding at the end the following: ``(D) For purposes of deferment under subparagraph (A)(vii), a victim of a terrorist attack is an individual who is designated as a victim of a terrorist attack by the head of the Federal agency that is handling the investigation of the attack.''. (e) Designating Victims of Terrorist Attacks.--The head of the Federal agency that is handling the investigation of a terrorist attack, or has handled the investigation of a terrorist attack, shall designate the individuals who are victims of such terrorist attack. (f) Anti-Fraud Protections.--The Secretary of Education shall establish anti-fraud protections in carrying out the amendments made by this Act. <all>

H.R.1776

Government Operations and Politics

Regulations from the Executive in Need of Scrutiny Act of 2021 This bill revises provisions relating to congressional review of agency rulemaking. Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that results in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. In addition, the bill establishes a congressional disapproval process for a nonmajor rule. A nonmajor rule may only take effect if Congress does not disapprove of the rule.

To amend chapter 8 of title 5, United States Code, to provide that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulations from the Executive in Need of Scrutiny Act of 2021''. SEC. 2. PURPOSE. The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them. SEC. 3. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. Chapter 8 of title 5, United States Code, is amended to read as follows: ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING ``Sec. ``801. Congressional review. ``802. Congressional approval procedure for major rules. ``803. Congressional disapproval procedure for nonmajor rules. ``804. Definitions. ``805. Judicial review. ``806. Exemption for monetary policy. ``807. Effective date of certain rules. ``Sec. 801. Congressional review ``(a)(1)(A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing-- ``(i) a copy of the rule; ``(ii) a concise general statement relating to the rule; ``(iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2); ``(iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and ``(v) the proposed effective date of the rule. ``(B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress-- ``(i) a complete copy of the cost-benefit analysis of the rule, if any, including an analysis of any jobs added or lost, differentiating between public and private sector jobs; ``(ii) the agency's actions pursuant to sections 603, 604, 605, 607, and 609 of this title; ``(iii) the agency's actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and ``(iv) any other relevant information or requirements under any other Act and any relevant Executive orders. ``(C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. ``(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. The report of the Comptroller General shall include an assessment of the agency's compliance with procedural steps required by paragraph (1)(B) and an assessment of whether the major rule imposes any new limits or mandates on private-sector activity. ``(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A). ``(3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. ``(4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). ``(5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate. ``(b)(1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. ``(2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in subsection (a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. ``(c)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. ``(2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is-- ``(A) necessary because of an imminent threat to health or safety or other emergency; ``(B) necessary for the enforcement of criminal laws; ``(C) necessary for national security; or ``(D) issued pursuant to any statute implementing an international trade agreement. ``(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802. ``(d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring-- ``(A) in the case of the Senate, 60 session days; or ``(B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. ``(2)(A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though-- ``(i) such rule were published in the Federal Register on-- ``(I) in the case of the Senate, the 15th session day; or ``(II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and ``(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. ``(B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. ``(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). ``Sec. 802. Congressional approval procedure for major rules ``(a)(1) For purposes of this section, the term `joint resolution' means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that-- ``(A) bears no preamble; ``(B) bears the following title (with blanks filled as appropriate): `Approving the rule submitted by ___ relating to ___.'; ``(C) includes after its resolving clause only the following (with blanks filled as appropriate): `That Congress approves the rule submitted by ___ relating to ___.'; and ``(D) is introduced pursuant to paragraph (2). ``(2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)-- ``(A) in the case of the House of Representatives, within 3 legislative days; and ``(B) in the case of the Senate, within 3 session days. ``(3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. ``(b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. ``(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. ``(d)(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. ``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. ``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. ``(f)(1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then-- ``(A) the joint resolution of the other House shall not be referred to a committee; and ``(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. ``(2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. ``(g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day. ``(h) This section and section 803 are enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such are deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as they relate 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. ``Sec. 803. Congressional disapproval procedure for nonmajor rules ``(a) For purposes of this section, the term `joint resolution' means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: `That Congress disapproves the nonmajor rule submitted by the ___ relating to ___, and such rule shall have no force or effect.' (The blank spaces being appropriately filled in). ``(b) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. ``(c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. ``(d)(1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. ``(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. ``(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(e) In the Senate, the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule-- ``(1) after the expiration of the 60 session days beginning with the applicable submission or publication date; or ``(2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. ``(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: ``(1) The joint resolution of the other House shall not be referred to a committee. ``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(B) the vote on final passage shall be on the joint resolution of the other House. ``Sec. 804. Definitions ``For purposes of this chapter: ``(1) The term `Federal agency' means any agency as that term is defined in section 551(1). ``(2) The term `major rule' means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in-- ``(A) an annual effect on the economy of $100 million or more; ``(B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or ``(C) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. ``(3) The term `nonmajor rule' means any rule that is not a major rule. ``(4) The term `rule' has the meaning given such term in section 551, except that such term does not include-- ``(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; ``(B) any rule relating to agency management or personnel; or ``(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. ``(5) The term `submission or publication date', except as otherwise provided in this chapter, means-- ``(A) in the case of a major rule, the date on which the Congress receives the report submitted under section 801(a)(1); and ``(B) in the case of a nonmajor rule, the later of-- ``(i) the date on which the Congress receives the report submitted under section 801(a)(1); and ``(ii) the date on which the nonmajor rule is published in the Federal Register, if so published. ``Sec. 805. Judicial review ``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. ``(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. ``(c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect. ``Sec. 806. Exemption for monetary policy ``Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. ``Sec. 807. Effective date of certain rules ``Notwithstanding section 801-- ``(1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or ``(2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines.''. SEC. 4. BUDGETARY EFFECTS OF RULES SUBJECT TO SECTION 802 OF TITLE 5, UNITED STATES CODE. Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907(b)(2)) is amended by adding at the end the following new subparagraph: ``(E) Budgetary effects of rules subject to section 802 of title 5, united states code.--Any rule subject to the congressional approval procedure set forth in section 802 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section.''. SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES. (a) In General.--The Comptroller General of the United States shall conduct a study to determine, as of the date of the enactment of this Act-- (1) how many rules (as such term is defined in section 804 of title 5, United States Code) were in effect; (2) how many major rules (as such term is defined in section 804 of title 5, United States Code) were in effect; and (3) the total estimated economic cost imposed by all such rules. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress that contains the findings of the study conducted under subsection (a). <all>

Regulations from the Executive in Need of Scrutiny Act of 2021

To amend chapter 8 of title 5, United States Code, to provide that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law.

Regulations from the Executive in Need of Scrutiny Act of 2021

Rep. Cammack, Kat

R

FL

This bill revises provisions relating to congressional review of agency rulemaking. Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that results in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. In addition, the bill establishes a congressional disapproval process for a nonmajor rule. A nonmajor rule may only take effect if Congress does not disapprove of the rule.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulations from the Executive in Need of Scrutiny Act of 2021''. PURPOSE. The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. ``801. ``802. Congressional approval procedure for major rules. ``803. ``804. Definitions. ``805. ``806. Exemption for monetary policy. ``807. Effective date of certain rules. ``(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. ``(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A). ``(d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring-- ``(A) in the case of the Senate, 60 session days; or ``(B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. ``(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). '; ``(C) includes after its resolving clause only the following (with blanks filled as appropriate): `That Congress approves the rule submitted by ___ relating to ___. '; and ``(D) is introduced pursuant to paragraph (2). A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to further limit debate is in order and not debatable. ``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(B) the vote on final passage shall be on the joint resolution of the other House. ``(3) The term `nonmajor rule' means any rule that is not a major rule. Judicial review ``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. 4. SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulations from the Executive in Need of Scrutiny Act of 2021''. PURPOSE. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. ``801. ``802. Congressional approval procedure for major rules. ``803. ``804. Definitions. ``805. ``806. Exemption for monetary policy. ``807. Effective date of certain rules. ``(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. ``(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A). ``(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). '; ``(C) includes after its resolving clause only the following (with blanks filled as appropriate): `That Congress approves the rule submitted by ___ relating to ___. '; and ``(D) is introduced pursuant to paragraph (2). A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to further limit debate is in order and not debatable. ``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(B) the vote on final passage shall be on the joint resolution of the other House. ``(3) The term `nonmajor rule' means any rule that is not a major rule. Judicial review ``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. 4. SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulations from the Executive in Need of Scrutiny Act of 2021''. PURPOSE. The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. Chapter 8 of title 5, United States Code, is amended to read as follows: ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING ``Sec. ``801. ``802. Congressional approval procedure for major rules. ``803. ``804. Definitions. ``805. ``806. Exemption for monetary policy. ``807. Effective date of certain rules. ``(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. ``(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A). ``(d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring-- ``(A) in the case of the Senate, 60 session days; or ``(B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. ``(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). '; ``(C) includes after its resolving clause only the following (with blanks filled as appropriate): `That Congress approves the rule submitted by ___ relating to ___. '; and ``(D) is introduced pursuant to paragraph (2). A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. A motion to further limit debate is in order and not debatable. ``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(B) the vote on final passage shall be on the joint resolution of the other House. ``(3) The term `nonmajor rule' means any rule that is not a major rule. Judicial review ``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. ``(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. 4. SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulations from the Executive in Need of Scrutiny Act of 2021''. PURPOSE. The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them. CONGRESSIONAL REVIEW OF AGENCY RULEMAKING. Chapter 8 of title 5, United States Code, is amended to read as follows: ``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING ``Sec. ``801. ``802. Congressional approval procedure for major rules. ``803. ``804. Definitions. ``805. ``806. Exemption for monetary policy. ``807. Effective date of certain rules. Congressional review ``(a)(1)(A) Before a rule may take effect, the Federal agency promulgating such rule shall publish in the Federal Register a list of information on which the rule is based, including data, scientific and economic studies, and cost-benefit analyses, and identify how the public can access such information online, and shall submit to each House of the Congress and to the Comptroller General a report containing-- ``(i) a copy of the rule; ``(ii) a concise general statement relating to the rule; ``(iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within subparagraphs (A) through (C) of section 804(2); ``(iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and ``(v) the proposed effective date of the rule. ``(2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date. ``(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General's report under subparagraph (A). ``(d)(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring-- ``(A) in the case of the Senate, 60 session days; or ``(B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. ``(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). '; ``(C) includes after its resolving clause only the following (with blanks filled as appropriate): `That Congress approves the rule submitted by ___ relating to ___. '; and ``(D) is introduced pursuant to paragraph (2). A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. A motion to further limit debate is in order and not debatable. ``(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. ``(2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(B) the vote on final passage shall be on the joint resolution of the other House. ``(3) The term `nonmajor rule' means any rule that is not a major rule. ``(4) The term `rule' has the meaning given such term in section 551, except that such term does not include-- ``(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; ``(B) any rule relating to agency management or personnel; or ``(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. Judicial review ``(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. ``(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. 4. SEC. 5. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF RULES.

S.1332

Health

Honoring National Recovery Month Act This bill provides statutory authority for the Substance Abuse and Mental Health Services Administration (SAMHSA) to develop communication materials, distribute best practices, and carry out other activities in recognition of National Recovery Month. SAMHSA may undertake these activities or enter into an agreement with a national organization to do so. National Recovery Month is an annual observance to celebrate individuals who are in recovery from a substance use disorder or mental illness, educate the public, and combat stigma.

To amend title V of the Public Health Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Honoring National Recovery Month Act''. (b) Findings.--Congress finds the following: (1) National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, and to educate the public and combat stigma with respect to substance use disorders and mental illnesses. (2) 2021 is the 32nd observance of National Recovery Month. (3) Over 81,000 people died from drug overdoses during the period beginning in July 2019 and ending in June 2020, and 47,000 people died from suicide in 2019 in the United States. (4) Fatal overdoses in the United States increased from 2018 to 2019, and overdoses have increased since the onset of the COVID-19 pandemic. (5) A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID-19. SEC. 2. NATIONAL RECOVERY MONTH ACTIVITIES. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 552A. NATIONAL RECOVERY MONTH ACTIVITIES. ``(a) In General.--The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities-- ``(1) to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month; ``(2) to develop, maintain, and update appropriate websites with respect to National Recovery Month; ``(3) to develop and distribute best practices for community engagement with respect to National Recovery Month; and ``(4) to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2026.''. <all>

Honoring National Recovery Month Act

A bill to amend title V of the Public Health Service Act.

Honoring National Recovery Month Act

Sen. Lujan, Ben Ray

D

NM

This bill provides statutory authority for the Substance Abuse and Mental Health Services Administration (SAMHSA) to develop communication materials, distribute best practices, and carry out other activities in recognition of National Recovery Month. SAMHSA may undertake these activities or enter into an agreement with a national organization to do so. National Recovery Month is an annual observance to celebrate individuals who are in recovery from a substance use disorder or mental illness, educate the public, and combat stigma.

To amend title V of the Public Health Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Honoring National Recovery Month Act''. (b) Findings.--Congress finds the following: (1) National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, and to educate the public and combat stigma with respect to substance use disorders and mental illnesses. (2) 2021 is the 32nd observance of National Recovery Month. (3) Over 81,000 people died from drug overdoses during the period beginning in July 2019 and ending in June 2020, and 47,000 people died from suicide in 2019 in the United States. (4) Fatal overdoses in the United States increased from 2018 to 2019, and overdoses have increased since the onset of the COVID-19 pandemic. (5) A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID-19. SEC. 2. NATIONAL RECOVERY MONTH ACTIVITIES. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 552A. NATIONAL RECOVERY MONTH ACTIVITIES. ``(a) In General.--The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities-- ``(1) to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month; ``(2) to develop, maintain, and update appropriate websites with respect to National Recovery Month; ``(3) to develop and distribute best practices for community engagement with respect to National Recovery Month; and ``(4) to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2026.''. <all>

To amend title V of the Public Health Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (b) Findings.--Congress finds the following: (1) National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, and to educate the public and combat stigma with respect to substance use disorders and mental illnesses. (3) Over 81,000 people died from drug overdoses during the period beginning in July 2019 and ending in June 2020, and 47,000 people died from suicide in 2019 in the United States. (4) Fatal overdoses in the United States increased from 2018 to 2019, and overdoses have increased since the onset of the COVID-19 pandemic. (5) A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID-19. SEC. 2. 290dd et seq.) is amended by adding at the end the following: ``SEC. 552A. NATIONAL RECOVERY MONTH ACTIVITIES. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2026.''.

To amend title V of the Public Health Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Honoring National Recovery Month Act''. (b) Findings.--Congress finds the following: (1) National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, and to educate the public and combat stigma with respect to substance use disorders and mental illnesses. (2) 2021 is the 32nd observance of National Recovery Month. (3) Over 81,000 people died from drug overdoses during the period beginning in July 2019 and ending in June 2020, and 47,000 people died from suicide in 2019 in the United States. (4) Fatal overdoses in the United States increased from 2018 to 2019, and overdoses have increased since the onset of the COVID-19 pandemic. (5) A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID-19. SEC. 2. NATIONAL RECOVERY MONTH ACTIVITIES. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 552A. NATIONAL RECOVERY MONTH ACTIVITIES. ``(a) In General.--The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities-- ``(1) to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month; ``(2) to develop, maintain, and update appropriate websites with respect to National Recovery Month; ``(3) to develop and distribute best practices for community engagement with respect to National Recovery Month; and ``(4) to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2026.''. <all>

To amend title V of the Public Health Service Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Honoring National Recovery Month Act''. (b) Findings.--Congress finds the following: (1) National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, and to educate the public and combat stigma with respect to substance use disorders and mental illnesses. (2) 2021 is the 32nd observance of National Recovery Month. (3) Over 81,000 people died from drug overdoses during the period beginning in July 2019 and ending in June 2020, and 47,000 people died from suicide in 2019 in the United States. (4) Fatal overdoses in the United States increased from 2018 to 2019, and overdoses have increased since the onset of the COVID-19 pandemic. (5) A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID-19. SEC. 2. NATIONAL RECOVERY MONTH ACTIVITIES. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 552A. NATIONAL RECOVERY MONTH ACTIVITIES. ``(a) In General.--The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities-- ``(1) to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month; ``(2) to develop, maintain, and update appropriate websites with respect to National Recovery Month; ``(3) to develop and distribute best practices for community engagement with respect to National Recovery Month; and ``(4) to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2026.''. <all>

S.4219

Labor and Employment

Employee and Retiree Access to Justice Act of 2022 This bill prohibits employers from including certain mandatory arbitration clauses, class action waivers, representation waivers, or discretionary clauses in employee benefit plans. It also prohibits these provisions from being enforced with respect to claims brought by plan participants or beneficiaries.

To amend the Employee Retirement Income Security Act of 1974 to provide that any mandatory predispute or coerced postdispute arbitration clause, class action waiver, representation waiver, or discretionary clause with respect to a plan is unenforceable, to prohibit any such clause or waiver from being included in a plan document or other agreement with plan participants, 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 ``Employee and Retiree Access to Justice Act of 2022''. SEC. 2. UNENFORCEABLE ARBITRATION CLAUSES, CLASS ACTION WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES. (a) In General.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following: ``(n)(1) In any civil action brought by, or on behalf of, a participant or beneficiary pursuant to this section or with respect to a common law claim involving a plan or plan benefit, notwithstanding any other provision of law-- ``(A) no predispute arbitration provision shall be valid or enforceable if it requires arbitration of a matter related to a claim brought under this section; ``(B) no postdispute arbitration provision shall be valid or enforceable unless-- ``(i) the provision was not required by any person, obtained by coercion or threat of adverse action, or made a condition of participating in a plan, receiving benefits under a plan, or receiving any other employment, work, or any employment-related or work- related privilege or benefit; ``(ii) each participant or beneficiary agreeing to the provision was informed, through a paper notice, in a manner reasonably calculated to be understood by the average plan participant, of the right of the participant or beneficiary under subparagraph (C) to refuse to agree to the provision without retaliation or threat of retaliation; ``(iii) each participant or beneficiary agreeing to the provision so agreed after a waiting period of not fewer than 45 days, beginning on the date on which the participant or beneficiary was provided both the final text of the provision and the disclosures required under clause (ii); and ``(iv) each participant or beneficiary agreeing to the provision affirmatively consented to the provision in writing; ``(C) no covered provision shall be valid or enforceable, if prior to a dispute to which the covered provision applies, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim available under this section in any forum that, but for such covered provision, is of competent jurisdiction; ``(D) no covered provision shall be valid or enforceable, if after a dispute to which the covered provision applies arises, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim under this section in any forum that, but for such covered provision, is of competent jurisdiction, unless the covered provision meets the requirements of subparagraph (B); and ``(E) no covered provision related to a plan other than a multiemployer plan shall be valid or enforceable that purports to confer discretionary authority to any person with respect to benefit determinations or interpretation of plan language, or to provide a standard of review of such determinations or interpretation by a reviewing court in an action brought under this section that would require anything other than de novo review of such determinations or interpretation. ``(2) In this subsection-- ``(A) the term `covered provision' means any document, instrument, or agreement related to a plan or plan benefit, regardless of whether such provision appears in a plan document or in a separate agreement; ``(B) the term `predispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that had not yet arisen at the time such provision took effect; ``(C) the term `postdispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect; and ``(D) the term `retaliation' means any action in violation of section 510. ``(3)(A) Any dispute as to whether a covered provision that requires a participant or beneficiary to arbitrate a dispute related to a plan is valid and enforceable shall be determined by a court, rather than an arbitrator, regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. ``(B) For purposes of this subsection, a dispute shall be considered to arise only when a plaintiff has actual knowledge (within the meaning of such term in section 413) of a breach or violation giving rise to a claim under this section.''. (b) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out the amendment made by subsection (a), including providing for the form and content of notices required pursuant to such amendment. SEC. 3. PROHIBITION ON MANDATORY ARBITRATION CLAUSES, CLASS ACTION WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES. Section 402 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1102) is amended by adding at the end the following: ``(d)(1) No covered person may-- ``(A) require participants or beneficiaries to agree to a predispute arbitration provision as a condition for participation in, or receipt of benefits under, a plan; ``(B) agree to a postdispute arbitration provision with a participant or beneficiary with respect to a plan or plan benefit unless the conditions of clauses (i) through (iv) of section 502(n)(1)(B) are satisfied with respect to such provision; or ``(C) agree to any other covered provision with respect to a plan or plan benefit under any circumstances under which such provision would not be valid and enforceable under subparagraphs (C) through (E) section 502(n)(1). ``(2) In this subsection-- ``(A) the term `covered person' means-- ``(i) a plan; ``(ii) a plan sponsor; ``(iii) an employer; or ``(iv) a person engaged by a plan for purposes of administering or operating the plan; and ``(B) the terms `covered provision', `predispute arbitration provision' and `postdispute arbitration provision' have the meanings given such terms in section 502(n)(2).''. SEC. 4. EFFECTIVE DATE. (a) In General.--The amendments made by sections 2 and 3 shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which a provision predating such date applies, regardless of whether plan documents have been updated in accordance with such amendments. (b) Enforcement With Respect to Plan Document Updates.-- Notwithstanding subsection (a), no person shall be deemed to be in violation of such amendments on account of plan documents that have not been updated in accordance with such amendments until after the beginning of the first plan year that begins on or after the date that is 1 year after the date of enactment of this Act, provided that such person acts in accordance with such amendments during the period in which the plan documents have not been updated. <all>

Employee and Retiree Access to Justice Act of 2022

A bill to amend the Employee Retirement Income Security Act of 1974 to provide that any mandatory predispute or coerced postdispute arbitration clause, class action waiver, representation waiver, or discretionary clause with respect to a plan is unenforceable, to prohibit any such clause or waiver from being included in a plan document or other agreement with plan participants, and for other purposes.

Employee and Retiree Access to Justice Act of 2022

Sen. Smith, Tina

D

MN

This bill prohibits employers from including certain mandatory arbitration clauses, class action waivers, representation waivers, or discretionary clauses in employee benefit plans. It also prohibits these provisions from being enforced with respect to claims brought by plan participants or beneficiaries.

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 ``Employee and Retiree Access to Justice Act of 2022''. UNENFORCEABLE ARBITRATION CLAUSES, CLASS ACTION WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES. (a) In General.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ``(2) In this subsection-- ``(A) the term `covered provision' means any document, instrument, or agreement related to a plan or plan benefit, regardless of whether such provision appears in a plan document or in a separate agreement; ``(B) the term `predispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that had not yet arisen at the time such provision took effect; ``(C) the term `postdispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect; and ``(D) the term `retaliation' means any action in violation of section 510. 3. SEC. EFFECTIVE DATE. (a) In General.--The amendments made by sections 2 and 3 shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which a provision predating such date applies, regardless of whether plan documents have been updated in accordance with such amendments.

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 ``Employee and Retiree Access to Justice Act of 2022''. UNENFORCEABLE ARBITRATION CLAUSES, CLASS ACTION WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES. (a) In General.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. ``(2) In this subsection-- ``(A) the term `covered provision' means any document, instrument, or agreement related to a plan or plan benefit, regardless of whether such provision appears in a plan document or in a separate agreement; ``(B) the term `predispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that had not yet arisen at the time such provision took effect; ``(C) the term `postdispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect; and ``(D) the term `retaliation' means any action in violation of section 510. 3. SEC. EFFECTIVE DATE. (a) In General.--The amendments made by sections 2 and 3 shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which a provision predating such date applies, regardless of whether plan documents have been updated in accordance with such amendments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee and Retiree Access to Justice Act of 2022''. UNENFORCEABLE ARBITRATION CLAUSES, CLASS ACTION WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES. (a) In General.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following: ``(n)(1) In any civil action brought by, or on behalf of, a participant or beneficiary pursuant to this section or with respect to a common law claim involving a plan or plan benefit, notwithstanding any other provision of law-- ``(A) no predispute arbitration provision shall be valid or enforceable if it requires arbitration of a matter related to a claim brought under this section; ``(B) no postdispute arbitration provision shall be valid or enforceable unless-- ``(i) the provision was not required by any person, obtained by coercion or threat of adverse action, or made a condition of participating in a plan, receiving benefits under a plan, or receiving any other employment, work, or any employment-related or work- related privilege or benefit; ``(ii) each participant or beneficiary agreeing to the provision was informed, through a paper notice, in a manner reasonably calculated to be understood by the average plan participant, of the right of the participant or beneficiary under subparagraph (C) to refuse to agree to the provision without retaliation or threat of retaliation; ``(iii) each participant or beneficiary agreeing to the provision so agreed after a waiting period of not fewer than 45 days, beginning on the date on which the participant or beneficiary was provided both the final text of the provision and the disclosures required under clause (ii); and ``(iv) each participant or beneficiary agreeing to the provision affirmatively consented to the provision in writing; ``(C) no covered provision shall be valid or enforceable, if prior to a dispute to which the covered provision applies, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim available under this section in any forum that, but for such covered provision, is of competent jurisdiction; ``(D) no covered provision shall be valid or enforceable, if after a dispute to which the covered provision applies arises, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim under this section in any forum that, but for such covered provision, is of competent jurisdiction, unless the covered provision meets the requirements of subparagraph (B); and ``(E) no covered provision related to a plan other than a multiemployer plan shall be valid or enforceable that purports to confer discretionary authority to any person with respect to benefit determinations or interpretation of plan language, or to provide a standard of review of such determinations or interpretation by a reviewing court in an action brought under this section that would require anything other than de novo review of such determinations or interpretation. ``(2) In this subsection-- ``(A) the term `covered provision' means any document, instrument, or agreement related to a plan or plan benefit, regardless of whether such provision appears in a plan document or in a separate agreement; ``(B) the term `predispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that had not yet arisen at the time such provision took effect; ``(C) the term `postdispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect; and ``(D) the term `retaliation' means any action in violation of section 510. 3. SEC. 4. EFFECTIVE DATE. (a) In General.--The amendments made by sections 2 and 3 shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which a provision predating such date applies, regardless of whether plan documents have been updated in accordance with such amendments.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee and Retiree Access to Justice Act of 2022''. UNENFORCEABLE ARBITRATION CLAUSES, CLASS ACTION WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES. (a) In General.--Section 502 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132) is amended by adding at the end the following: ``(n)(1) In any civil action brought by, or on behalf of, a participant or beneficiary pursuant to this section or with respect to a common law claim involving a plan or plan benefit, notwithstanding any other provision of law-- ``(A) no predispute arbitration provision shall be valid or enforceable if it requires arbitration of a matter related to a claim brought under this section; ``(B) no postdispute arbitration provision shall be valid or enforceable unless-- ``(i) the provision was not required by any person, obtained by coercion or threat of adverse action, or made a condition of participating in a plan, receiving benefits under a plan, or receiving any other employment, work, or any employment-related or work- related privilege or benefit; ``(ii) each participant or beneficiary agreeing to the provision was informed, through a paper notice, in a manner reasonably calculated to be understood by the average plan participant, of the right of the participant or beneficiary under subparagraph (C) to refuse to agree to the provision without retaliation or threat of retaliation; ``(iii) each participant or beneficiary agreeing to the provision so agreed after a waiting period of not fewer than 45 days, beginning on the date on which the participant or beneficiary was provided both the final text of the provision and the disclosures required under clause (ii); and ``(iv) each participant or beneficiary agreeing to the provision affirmatively consented to the provision in writing; ``(C) no covered provision shall be valid or enforceable, if prior to a dispute to which the covered provision applies, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim available under this section in any forum that, but for such covered provision, is of competent jurisdiction; ``(D) no covered provision shall be valid or enforceable, if after a dispute to which the covered provision applies arises, a participant or beneficiary undertakes or promises not to pursue, bring, join, litigate, or support any kind of individual, joint, class, representative, or collective claim under this section in any forum that, but for such covered provision, is of competent jurisdiction, unless the covered provision meets the requirements of subparagraph (B); and ``(E) no covered provision related to a plan other than a multiemployer plan shall be valid or enforceable that purports to confer discretionary authority to any person with respect to benefit determinations or interpretation of plan language, or to provide a standard of review of such determinations or interpretation by a reviewing court in an action brought under this section that would require anything other than de novo review of such determinations or interpretation. ``(2) In this subsection-- ``(A) the term `covered provision' means any document, instrument, or agreement related to a plan or plan benefit, regardless of whether such provision appears in a plan document or in a separate agreement; ``(B) the term `predispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that had not yet arisen at the time such provision took effect; ``(C) the term `postdispute arbitration provision' means a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect; and ``(D) the term `retaliation' means any action in violation of section 510. ``(3)(A) Any dispute as to whether a covered provision that requires a participant or beneficiary to arbitrate a dispute related to a plan is valid and enforceable shall be determined by a court, rather than an arbitrator, regardless of whether any contractual provision purports to delegate such determinations to the arbitrator and irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. ``(B) For purposes of this subsection, a dispute shall be considered to arise only when a plaintiff has actual knowledge (within the meaning of such term in section 413) of a breach or violation giving rise to a claim under this section.''. (b) Regulations.--The Secretary of Labor may promulgate such regulations as may be necessary to carry out the amendment made by subsection (a), including providing for the form and content of notices required pursuant to such amendment. 3. PROHIBITION ON MANDATORY ARBITRATION CLAUSES, CLASS ACTION WAIVERS, REPRESENTATION WAIVERS, AND DISCRETIONARY CLAUSES. SEC. 4. EFFECTIVE DATE. (a) In General.--The amendments made by sections 2 and 3 shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or claim that arises or accrues on or after such date, including any dispute or claim to which a provision predating such date applies, regardless of whether plan documents have been updated in accordance with such amendments. (b) Enforcement With Respect to Plan Document Updates.-- Notwithstanding subsection (a), no person shall be deemed to be in violation of such amendments on account of plan documents that have not been updated in accordance with such amendments until after the beginning of the first plan year that begins on or after the date that is 1 year after the date of enactment of this Act, provided that such person acts in accordance with such amendments during the period in which the plan documents have not been updated.

H.R.8070

Government Operations and Politics

Transparent Leadership Act of 2022 This bill requires the publication of schedules and speeches for the heads of executive branch agencies. Specifically, the bill requires each agency to make available for public inspection in an electronic format within a specified time frame

To amend section 552 of title 5, United States Code, to require the public availability of certain information relating to certain speeches and meetings of the heads of agencies, 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 ``Transparent Leadership Act of 2022''. SEC. 2. PUBLIC AVAILABILITY OF CERTAIN INFORMATION RELATING TO CERTAIN SPEECHES AND MEETINGS OF HEADS OF AGENCIES. (a) In General.--Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)(2)-- (A) by redesignating subparagraph (D) and (E) as subparagraph (F) and (G), respectively; (B) by inserting after subparagraph (C) the following: ``(D) a copy of each speech given after the date of the enactment of this subparagraph by the head of the agency acting in an official capacity; ``(E) a document disclosing any meeting that occurs after the date of the enactment of this subparagraph between the head of the agency acting in an official capacity and a person not employed by the agency;''; and (C) in the flush left text by inserting after ``electronic means.'' the following: ``A copy of a speech required to be made available under subparagraph (D) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such speech is given. A document disclosing a meeting required to be made available under subparagraph (E) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such meeting occurs.''; and (2) in subsection (f)-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) `speech' means a formal address delivered either virtually or in-person to a group of individuals (other than a group of individuals employed by the agency). (b) Technical Amendments.--Section 552(a) of title 5, United States Code, is further amended-- (1) in paragraph (2), in the flush left text-- (A) by striking ``subparagraph (D)'' and inserting ``subparagraph (F)''; and (B) by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''; and (2) in paragraph (3)(A), by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''. <all>

Transparent Leadership Act of 2022

To amend section 552 of title 5, United States Code, to require the public availability of certain information relating to certain speeches and meetings of the heads of agencies, and for other purposes.

Transparent Leadership Act of 2022

Rep. Beyer, Donald S., Jr.

D

VA

This bill requires the publication of schedules and speeches for the heads of executive branch agencies. Specifically, the bill requires each agency to make available for public inspection in an electronic format within a specified time frame

To amend section 552 of title 5, United States Code, to require the public availability of certain information relating to certain speeches and meetings of the heads of agencies, 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 ``Transparent Leadership Act of 2022''. SEC. 2. PUBLIC AVAILABILITY OF CERTAIN INFORMATION RELATING TO CERTAIN SPEECHES AND MEETINGS OF HEADS OF AGENCIES. (a) In General.--Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)(2)-- (A) by redesignating subparagraph (D) and (E) as subparagraph (F) and (G), respectively; (B) by inserting after subparagraph (C) the following: ``(D) a copy of each speech given after the date of the enactment of this subparagraph by the head of the agency acting in an official capacity; ``(E) a document disclosing any meeting that occurs after the date of the enactment of this subparagraph between the head of the agency acting in an official capacity and a person not employed by the agency;''; and (C) in the flush left text by inserting after ``electronic means.'' the following: ``A copy of a speech required to be made available under subparagraph (D) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such speech is given. A document disclosing a meeting required to be made available under subparagraph (E) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such meeting occurs.''; and (2) in subsection (f)-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) `speech' means a formal address delivered either virtually or in-person to a group of individuals (other than a group of individuals employed by the agency). (b) Technical Amendments.--Section 552(a) of title 5, United States Code, is further amended-- (1) in paragraph (2), in the flush left text-- (A) by striking ``subparagraph (D)'' and inserting ``subparagraph (F)''; and (B) by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''; and (2) in paragraph (3)(A), by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''. <all>

To amend section 552 of title 5, United States Code, to require the public availability of certain information relating to certain speeches and meetings of the heads of agencies, 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 ``Transparent Leadership Act of 2022''. SEC. 2. PUBLIC AVAILABILITY OF CERTAIN INFORMATION RELATING TO CERTAIN SPEECHES AND MEETINGS OF HEADS OF AGENCIES. (a) In General.--Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)(2)-- (A) by redesignating subparagraph (D) and (E) as subparagraph (F) and (G), respectively; (B) by inserting after subparagraph (C) the following: ``(D) a copy of each speech given after the date of the enactment of this subparagraph by the head of the agency acting in an official capacity; ``(E) a document disclosing any meeting that occurs after the date of the enactment of this subparagraph between the head of the agency acting in an official capacity and a person not employed by the agency;''; and (C) in the flush left text by inserting after ``electronic means.'' the following: ``A copy of a speech required to be made available under subparagraph (D) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such speech is given. ''; and (2) in subsection (f)-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) `speech' means a formal address delivered either virtually or in-person to a group of individuals (other than a group of individuals employed by the agency). (b) Technical Amendments.--Section 552(a) of title 5, United States Code, is further amended-- (1) in paragraph (2), in the flush left text-- (A) by striking ``subparagraph (D)'' and inserting ``subparagraph (F)''; and (B) by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''; and (2) in paragraph (3)(A), by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''.

To amend section 552 of title 5, United States Code, to require the public availability of certain information relating to certain speeches and meetings of the heads of agencies, 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 ``Transparent Leadership Act of 2022''. SEC. 2. PUBLIC AVAILABILITY OF CERTAIN INFORMATION RELATING TO CERTAIN SPEECHES AND MEETINGS OF HEADS OF AGENCIES. (a) In General.--Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)(2)-- (A) by redesignating subparagraph (D) and (E) as subparagraph (F) and (G), respectively; (B) by inserting after subparagraph (C) the following: ``(D) a copy of each speech given after the date of the enactment of this subparagraph by the head of the agency acting in an official capacity; ``(E) a document disclosing any meeting that occurs after the date of the enactment of this subparagraph between the head of the agency acting in an official capacity and a person not employed by the agency;''; and (C) in the flush left text by inserting after ``electronic means.'' the following: ``A copy of a speech required to be made available under subparagraph (D) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such speech is given. A document disclosing a meeting required to be made available under subparagraph (E) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such meeting occurs.''; and (2) in subsection (f)-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) `speech' means a formal address delivered either virtually or in-person to a group of individuals (other than a group of individuals employed by the agency). (b) Technical Amendments.--Section 552(a) of title 5, United States Code, is further amended-- (1) in paragraph (2), in the flush left text-- (A) by striking ``subparagraph (D)'' and inserting ``subparagraph (F)''; and (B) by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''; and (2) in paragraph (3)(A), by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''. <all>

To amend section 552 of title 5, United States Code, to require the public availability of certain information relating to certain speeches and meetings of the heads of agencies, 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 ``Transparent Leadership Act of 2022''. SEC. 2. PUBLIC AVAILABILITY OF CERTAIN INFORMATION RELATING TO CERTAIN SPEECHES AND MEETINGS OF HEADS OF AGENCIES. (a) In General.--Section 552 of title 5, United States Code, is amended-- (1) in subsection (a)(2)-- (A) by redesignating subparagraph (D) and (E) as subparagraph (F) and (G), respectively; (B) by inserting after subparagraph (C) the following: ``(D) a copy of each speech given after the date of the enactment of this subparagraph by the head of the agency acting in an official capacity; ``(E) a document disclosing any meeting that occurs after the date of the enactment of this subparagraph between the head of the agency acting in an official capacity and a person not employed by the agency;''; and (C) in the flush left text by inserting after ``electronic means.'' the following: ``A copy of a speech required to be made available under subparagraph (D) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such speech is given. A document disclosing a meeting required to be made available under subparagraph (E) shall be made available not later than 30 days, but not earlier than 14 days, after the date on which such meeting occurs.''; and (2) in subsection (f)-- (A) in paragraph (1), by striking ``; and'' and inserting a semicolon; (B) in paragraph (2)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) `speech' means a formal address delivered either virtually or in-person to a group of individuals (other than a group of individuals employed by the agency). (b) Technical Amendments.--Section 552(a) of title 5, United States Code, is further amended-- (1) in paragraph (2), in the flush left text-- (A) by striking ``subparagraph (D)'' and inserting ``subparagraph (F)''; and (B) by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''; and (2) in paragraph (3)(A), by striking ``subparagraph (E)'' and inserting ``subparagraph (G)''. <all>

S.4802

Transportation and Public Works

Coast Guard Authorization Act of 2022 This bill authorizes appropriations through FY2023 for the U.S. Coast Guard. It also revises a variety of requirements concerning the Coast Guard's personnel, operations, infrastructure, and environmental compliance. For example, the bill revises requirements concerning maritime cybersecurity and artificial intelligence, workforce readiness, oil spills, healthcare, vessel safety, sexual assault, and sexual harassment.

To authorize appropriations for the Coast Guard, 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; TABLE OF CONTENTS.</DELETED> <DELETED> (a) Short Title.--This Act may be cited as the ``Coast Guard Authorization Act of 2022''.</DELETED> <DELETED> (b) Table of Contents.--The table of contents for this Act is as follows:</DELETED> <DELETED>Sec. 1. Short title; table of contents. <DELETED>Sec. 2. Definition of Commandant. <DELETED>TITLE I--AUTHORIZATIONS <DELETED>Sec. 101. Authorization of appropriations. <DELETED>Sec. 102. Authorized levels of military strength and training. <DELETED>Sec. 103. Authorization for shoreside infrastructure and facilities. <DELETED>Sec. 104. Authorization for acquisition of vessels. <DELETED>Sec. 105. Authorization for the childcare subsidy program. <DELETED>TITLE II--COAST GUARD <DELETED>Subtitle A--Infrastructure and Assets <DELETED>Sec. 201. Report on shoreside infrastructure and facilities needs. <DELETED>Sec. 202. Fleet mix analysis and shore infrastructure investment plan. <DELETED>Sec. 203. Acquisition life-cycle cost estimates. <DELETED>Sec. 204. Report and briefing on resourcing strategy for Western Pacific Region. <DELETED>Sec. 205. Study and report on national security and drug trafficking threats in the Florida Straits and Caribbean region, including Cuba. <DELETED>Sec. 206. Coast Guard Yard. <DELETED>Sec. 207. Authority to enter into transactions other than contracts and grants to procure cost- effective technology for mission needs. <DELETED>Sec. 208. Improvements to infrastructure and operations planning. <DELETED>Subtitle B--Great Lakes <DELETED>Sec. 211. Great Lakes winter commerce. <DELETED>Sec. 212. Database on icebreaking operations in the Great Lakes. <DELETED>Sec. 213. Great Lakes snowmobile acquisition plan. <DELETED>Sec. 214. Great Lakes barge inspection exemption. <DELETED>Sec. 215. Study on sufficiency of Coast Guard aviation assets to meet mission demands. <DELETED>Subtitle C--Arctic <DELETED>Sec. 221. Establishment of the Arctic Security Cutter Program Office. <DELETED>Sec. 222. Arctic activities. <DELETED>Sec. 223. Study on Arctic operations and infrastructure. <DELETED>Subtitle D--Maritime Cyber and Artificial Intelligence <DELETED>Sec. 231. Enhancing maritime cybersecurity. <DELETED>Sec. 232. Establishment of unmanned system program and autonomous control and computer vision technology project. <DELETED>Sec. 233. Artificial intelligence strategy. <DELETED>Sec. 234. Review of artificial intelligence applications and establishment of performance metrics. <DELETED>Sec. 235. Cyber data management. <DELETED>Sec. 236. Data management. <DELETED>Sec. 237. Study on cyber threats to the United States marine transportation system. <DELETED>Subtitle E--Aviation <DELETED>Sec. 241. Space-available travel on Coast Guard aircraft: program authorization and eligible recipients. <DELETED>Sec. 242. Report on Coast Guard Air Station Barbers Point hangar. <DELETED>Sec. 243. Study on the operational availability of Coast Guard aircraft and strategy for Coast Guard aviation. <DELETED>Subtitle F--Workforce Readiness <DELETED>Sec. 251. Authorized strength. <DELETED>Sec. 252. Number and distribution of officers on active duty promotion list. <DELETED>Sec. 253. Continuation on active duty of officers with critical skills. <DELETED>Sec. 254. Career incentive pay for marine inspectors. <DELETED>Sec. 255. Expansion of the ability for selection board to recommend officers of particular merit for promotion. <DELETED>Sec. 256. Pay and allowances for certain members of the Coast Guard during funding gap. <DELETED>Sec. 257. Modification to education loan repayment program. <DELETED>Sec. 258. Retirement of Vice Commandant. <DELETED>Sec. 259. Report on resignation and retirement processing times and denial. <DELETED>Sec. 260. Calculation of active service. <DELETED>Sec. 261. Physical disability evaluation system procedure review. <DELETED>Sec. 262. Expansion of authority for multirater assessments of certain personnel. <DELETED>Sec. 263. Promotion parity. <DELETED>Sec. 264. Partnership program to diversify the Coast Guard. <DELETED>Sec. 265. Expansion of Coast Guard Junior Reserve Officers' Training Corps. <DELETED>Sec. 266. Improving representation of women and racial and ethnic minorities among Coast Guard active- duty members. <DELETED>Sec. 267. Strategy to enhance diversity through recruitment and accession. <DELETED>Sec. 268. Support for Coast Guard Academy. <DELETED>Sec. 269. Training for congressional affairs personnel. <DELETED>Sec. 270. Strategy for retention of cuttermen. <DELETED>Sec. 271. Study on extremism in the Coast Guard. <DELETED>Sec. 272. Study on performance of Coast Guard Force Readiness Command. <DELETED>Sec. 273. Study on frequency of weapons training for Coast Guard personnel. <DELETED>Subtitle G--Miscellaneous Provisions <DELETED>Sec. 281. Budgeting of Coast Guard relating to certain operations. <DELETED>Sec. 282. Coast Guard assistance to United States Secret Service. <DELETED>Sec. 283. Conveyance of Coast Guard vessels for public purposes. <DELETED>Sec. 284. Coast Guard intelligence activities and emergency and extraordinary expenses. <DELETED>Sec. 285. Transfer and conveyance. <DELETED>Sec. 286. Transparency and oversight. <DELETED>Sec. 287. Study on safety inspection program for containers and facilities. <DELETED>TITLE III--ENVIRONMENT <DELETED>Sec. 301. Definition of Secretary. <DELETED>Subtitle A--Marine Mammals <DELETED>Sec. 311. Definitions. <DELETED>Sec. 312. Assistance to ports to reduce the impacts of vessel traffic and port operations on marine mammals. <DELETED>Sec. 313. Near real-time monitoring and mitigation program for large cetaceans. <DELETED>Sec. 314. Pilot program to establish a Cetacean Desk for Puget Sound region. <DELETED>Sec. 315. Monitoring ocean soundscapes. <DELETED>Subtitle B--Oil Spills <DELETED>Sec. 321. Improving oil spill preparedness. <DELETED>Sec. 322. Western Alaska oil spill planning criteria. <DELETED>Sec. 323. Accident and incident notification relating to pipelines. <DELETED>Sec. 324. Coast Guard claims processing costs. <DELETED>Sec. 325. Calculation of interest on debt owed to the national pollution fund. <DELETED>Sec. 326. Per-incident limitation. <DELETED>Sec. 327. Access to the Oil Spill Liability Trust Fund. <DELETED>Sec. 328. Cost-reimbursable agreements. <DELETED>Sec. 329. Oil spill response review. <DELETED>Sec. 330. Review and report on limited indemnity provisions in standby oil spill response contracts. <DELETED>Sec. 331. Additional exceptions to regulations for towing vessels. <DELETED>Subtitle C--Environmental Compliance <DELETED>Sec. 341. Review of anchorage regulations. <DELETED>Sec. 342. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from the development of renewable energy on the West Coast. <DELETED>Subtitle D--Environmental Issues <DELETED>Sec. 351. Modifications to the Sport Fish Restoration and Boating Trust Fund administration. <DELETED>Sec. 352. Improvements to Coast Guard communication with North Pacific maritime and fishing industry. <DELETED>Sec. 353. Fishing safety training grants program. <DELETED>Sec. 354. Load lines. <DELETED>Subtitle E--Illegal Fishing and Forced Labor Prevention <DELETED>Sec. 361. Definitions. <DELETED>Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring <DELETED>Sec. 362. Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set. <DELETED>Sec. 363. Data sharing and aggregation. <DELETED>Sec. 364. Import audits. <DELETED>Sec. 365. Availability of fisheries information. <DELETED>Sec. 366. Authority to hold fish products. <DELETED>Sec. 367. Report on Seafood Import Monitoring Program. <DELETED>Sec. 368. Authorization of appropriations. <DELETED>Chapter 2--Strengthening International Fisheries Management To Combat Human Trafficking <DELETED>Sec. 370. Denial of port privileges. <DELETED>Sec. 371. Identification and certification criteria. <DELETED>Sec. 372. Equivalent conservation measures. <DELETED>Sec. 373. Capacity building in foreign fisheries. <DELETED>Sec. 374. Training of United States observers. <DELETED>Sec. 375. Regulations. <DELETED>TITLE IV--SUPPORT FOR COAST GUARD WORKFORCE <DELETED>Subtitle A--Support for Coast Guard Members and Families <DELETED>Sec. 401. Coast Guard child care improvements. <DELETED>Sec. 402. Armed Forces access to Coast Guard child care facilities. <DELETED>Sec. 403. Cadet pregnancy policy improvements. <DELETED>Sec. 404. Pilot program for fertility treatments. <DELETED>Sec. 405. Combat-related special compensation. <DELETED>Sec. 406. Restoration of amounts improperly withheld for tax purposes from severance payments to veterans of the Coast Guard with combat- related injuries. <DELETED>Sec. 407. Modification of basic needs allowance for members of the Coast Guard. <DELETED>Sec. 408. Study on food security. <DELETED>Subtitle B--Healthcare <DELETED>Sec. 421. Development of medical staffing standards for the Coast Guard. <DELETED>Sec. 422. Healthcare system review and strategic plan. <DELETED>Sec. 423. Data collection and access to care. <DELETED>Sec. 424. Behavioral health policy. <DELETED>Sec. 425. Members asserting post-traumatic stress disorder or traumatic brain injury. <DELETED>Sec. 426. Improvements to the Physical Disability Evaluation System and transition program. <DELETED>Sec. 427. Expansion of access to counseling. <DELETED>Sec. 428. Expansion of postgraduate opportunities for members of the Coast Guard in medical and related fields. <DELETED>Sec. 429. Study on Coast Guard telemedicine program. <DELETED>Sec. 430. Study on Coast Guard medical facilities needs. <DELETED>Subtitle C--Housing <DELETED>Sec. 441. Strategy to improve quality of life at remote units. <DELETED>Sec. 442. Study on Coast Guard housing access, cost, and challenges. <DELETED>Subtitle D--Other Matters <DELETED>Sec. 451. Report on availability of emergency supplies for Coast Guard personnel. <DELETED>TITLE V--MARITIME <DELETED>Subtitle A--Vessel Safety <DELETED>Sec. 501. Abandoned Seafarer Fund amendments. <DELETED>Sec. 502. Receipts; international agreements for ice patrol services. <DELETED>Sec. 503. Passenger vessel security and safety requirements. <DELETED>Sec. 504. At-sea recovery operations pilot program. <DELETED>Sec. 505. Exoneration and limitation of liability for small passenger vessels. <DELETED>Sec. 506. Moratorium on towing vessel inspection user fees. <DELETED>Sec. 507. Certain historic passenger vessels. <DELETED>Sec. 508. Coast Guard digital registration. <DELETED>Sec. 509. Responses to safety recommendations. <DELETED>Sec. 510. Comptroller General of the United States study and report on the Coast Guard's oversight of third-party organizations. <DELETED>Subtitle B--Other Matters <DELETED>Sec. 521. Definition of a stateless vessel. <DELETED>Sec. 522. Report on enforcement of coastwise laws. <DELETED>Sec. 523. Study on multi-level supply chain security strategy of the Department of Homeland Security. <DELETED>Sec. 524. Study to modernize the merchant mariner licensing and documentation system. <DELETED>Sec. 525. Study and report on development and maintenance of mariner records database. <DELETED>TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE <DELETED>Sec. 601. Definitions. <DELETED>Sec. 602. Convicted sex offender as grounds for denial. <DELETED>Sec. 603. Accommodation; notices. <DELETED>Sec. 604. Protection against discrimination. <DELETED>Sec. 605. Alcohol at sea. <DELETED>Sec. 606. Sexual harassment or sexual assault as grounds for suspension and revocation. <DELETED>Sec. 607. Surveillance requirements. <DELETED>Sec. 608. Master key control. <DELETED>Sec. 609. Safety management systems. <DELETED>Sec. 610. Requirement to report sexual assault and harassment. <DELETED>Sec. 611. Civil actions for personal injury or death of seamen. <DELETED>Sec. 612. Administration of sexual assault forensic examination kits. <DELETED>Sec. 613. Reports to Congress. <DELETED>Sec. 614. Policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault. <DELETED>Sec. 615. Sex offenses and personnel records. <DELETED>Sec. 616. Study on Coast Guard oversight and investigations. <DELETED>Sec. 617. Study on Special Victims' Counsel program. <DELETED>TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION <DELETED>Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps <DELETED>Sec. 701. Definitions. <DELETED>Sec. 702. Requirement for appointments. <DELETED>Sec. 703. Repeal of requirement to promote ensigns after 3 years of service. <DELETED>Sec. 704. Authority to provide awards and decorations. <DELETED>Sec. 705. Retirement and separation. <DELETED>Sec. 706. Licensure of health-care professionals. <DELETED>Sec. 707. Improving professional mariner staffing. <DELETED>Sec. 708. Legal assistance. <DELETED>Sec. 709. Acquisition of aircraft for extreme weather reconnaissance. <DELETED>Sec. 710. Report on professional mariner staffing models. <DELETED>Subtitle B--Other Matters <DELETED>Sec. 711. Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska. <DELETED>TITLE VIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS <DELETED>Sec. 801. Technical corrections. <DELETED>Sec. 802. Reinstatement. <DELETED>Sec. 803. Terms and vacancies. <DELETED>SEC. 2. DEFINITION OF COMMANDANT.</DELETED> <DELETED> In this Act, the term ``Commandant'' means the Commandant of the Coast Guard.</DELETED> <DELETED>TITLE I--AUTHORIZATIONS</DELETED> <DELETED>SEC. 101. AUTHORIZATION OF APPROPRIATIONS.</DELETED> <DELETED> Section 4902 of title 14, United States Code, is amended-- </DELETED> <DELETED> (1) in the matter preceding paragraph (1), by striking ``fiscal years 2020 and 2021'' and inserting ``fiscal years 2022 and 2023'';</DELETED> <DELETED> (2) in paragraph (1)--</DELETED> <DELETED> (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following:</DELETED> <DELETED> ``(i) $10,000,000,000 for fiscal year 2022; and</DELETED> <DELETED> ``(ii) $10,750,000,000 for fiscal year 2023.'';</DELETED> <DELETED> (B) in subparagraph (B), by striking ``$17,035,000'' and inserting ``$23,456,000''; and</DELETED> <DELETED> (C) in subparagraph (C), by striking ``, (A)(ii) $17,376,000'' and inserting ``(A)(ii), $24,353,000'';</DELETED> <DELETED> (3) in paragraph (2)--</DELETED> <DELETED> (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following:</DELETED> <DELETED> ``(i) $2,459,100,000 for fiscal year 2022; and</DELETED> <DELETED> ``(ii) $3,477,600,000 for fiscal year 2023.''; and</DELETED> <DELETED> (B) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following:</DELETED> <DELETED> ``(i) $20,400,000 for fiscal year 2022; and</DELETED> <DELETED> ``(ii) $20,808,000 for fiscal year 2023.'';</DELETED> <DELETED> (4) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following:</DELETED> <DELETED> ``(A) $7,476,000 for fiscal year 2022; and</DELETED> <DELETED> ``(B) $14,681,084 for fiscal year 2023.''; and</DELETED> <DELETED> (5) in paragraph (4), by striking subparagraphs (A) and (B) and inserting the following:</DELETED> <DELETED> ``(A) $240,577,000 for fiscal year 2022; and</DELETED> <DELETED> ``(B) $252,887,000 for fiscal year 2023.''.</DELETED> <DELETED>SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.</DELETED> <DELETED> Section 4904 of title 14, United States Code, is amended-- </DELETED> <DELETED> (1) in subsection (a), by striking ``fiscal years 2020 and 2021'' and inserting ``fiscal years 2022 and 2023''; and</DELETED> <DELETED> (2) in subsection (b), in the matter preceding paragraph (1), by striking ``fiscal years 2020 and 2021'' and inserting ``fiscal years 2022 and 2023''.</DELETED> <DELETED>SEC. 103. AUTHORIZATION FOR SHORESIDE INFRASTRUCTURE AND FACILITIES.</DELETED> <DELETED> (a) In General.--In addition to the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code, as amended by section 101 of this Act, for fiscal years 2023 through 2028--</DELETED> <DELETED> (1) $3,000,000,000 is authorized to fund maintenance, new construction, and repairs needed for Coast Guard shoreside infrastructure;</DELETED> <DELETED> (2) $160,000,000 is authorized to fund phase two of the recapitalization project at Coast Guard Training Center Cape May in Cape May, New Jersey, to improve recruitment and training of a diverse Coast Guard workforce; and</DELETED> <DELETED> (3) $80,000,000 is authorized for the construction of additional new childcare development centers not constructed using funds authorized by the Infrastructure Investment and Jobs Act (Public Law 117-58; 135 Stat. 429).</DELETED> <DELETED> (b) Coast Guard Yard Resilient Infrastructure and Construction Improvement.--In addition to the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this Act--</DELETED> <DELETED> (1) $400,000,000 is authorized for fiscal years 2023 through 2028 for the Secretary of the department in which the Coast Guard is operating for the purposes of improvements to facilities of the Yard; and</DELETED> <DELETED> (2) $236,000,000 is authorized for the acquisition of a new floating drydock, to remain available until expended.</DELETED> <DELETED>SEC. 104. AUTHORIZATION FOR ACQUISITION OF VESSELS.</DELETED> <DELETED> In addition to the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this Act, for fiscal years 2023 through 2028--</DELETED> <DELETED> (1) $350,000,000 is authorized for the acquisition of a Great Lakes icebreaker that is at least as capable as Coast Guard cutter Mackinaw (WLBB-30);</DELETED> <DELETED> (2) $172,500,000 is authorized for the program management, design, and acquisition of 12 Pacific Northwest heavy weather boats that are at least as capable as the Coast Guard 52-foot motor surfboat;</DELETED> <DELETED> (3) $841,000,000 is authorized for the third Polar Security Cutter;</DELETED> <DELETED> (4) $20,000,000 is authorized for initiation of activities to support acquisition of the Arctic Security Cutter class, including program planning and requirements development to include the establishment of an Arctic Security Cutter Program Office;</DELETED> <DELETED> (5) $650,000,000 is authorized for the continued acquisition of Offshore Patrol Cutters; and</DELETED> <DELETED> (6) $650,000,000 is authorized for a twelfth National Security Cutter.</DELETED> <DELETED>SEC. 105. AUTHORIZATION FOR THE CHILDCARE SUBSIDY PROGRAM.</DELETED> <DELETED> In addition to the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, $25,000,000 is authorized to the Commandant for each of fiscal years 2023 and 2024 for the childcare subsidy program.</DELETED> <DELETED>TITLE II--COAST GUARD</DELETED> <DELETED>Subtitle A--Infrastructure and Assets</DELETED> <DELETED>SEC. 201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES NEEDS.</DELETED> <DELETED> Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes--</DELETED> <DELETED> (1) a detailed list of shoreside infrastructure needs for all Coast Guard facilities located within each Coast Guard District in the order of priority, including recapitalization, maintenance needs in excess of $25,000, and other shoreside infrastructure needs of the Coast Guard;</DELETED> <DELETED> (2) the estimated cost of projects to fulfill such needs, to the extent available; and</DELETED> <DELETED> (3) a general description of the state of planning for each such project.</DELETED> <DELETED>SEC. 202. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE INVESTMENT PLAN.</DELETED> <DELETED> (a) Fleet Mix Analysis.--</DELETED> <DELETED> (1) In general.--The Commandant shall conduct an updated fleet mix analysis that provides for a fleet mix sufficient, as determined by the Commandant--</DELETED> <DELETED> (A) to carry out--</DELETED> <DELETED> (i) the missions of the Coast Guard; and</DELETED> <DELETED> (ii) emerging mission requirements; and</DELETED> <DELETED> (B) to address--</DELETED> <DELETED> (i) national security threats; and</DELETED> <DELETED> (ii) the global deployment of the Coast Guard to counter great power competitors.</DELETED> <DELETED> (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to Congress a report on the results of the updated fleet mix analysis required by paragraph (1).</DELETED> <DELETED> (b) Shore Infrastructure Investment Plan.--</DELETED> <DELETED> (1) In general.--The Commandant shall develop an updated shore infrastructure investment plan that includes-- </DELETED> <DELETED> (A) the construction of additional facilities to accommodate the updated fleet mix described in subsection (a)(1);</DELETED> <DELETED> (B) improvements necessary to ensure that existing facilities meet requirements and remain operational for the lifespan of such fleet mix, including necessary improvements to information technology infrastructure;</DELETED> <DELETED> (C) a timeline for the construction and improvement of the facilities described in subparagraphs (A) and (B); and</DELETED> <DELETED> (D) a cost estimate for construction and life-cycle support of such facilities, including for necessary personnel.</DELETED> <DELETED> (2) Report.--Not later than 1 year after the date on which the report under subsection (a)(2) is submitted, the Commandant shall submit to Congress a report on the plan required by paragraph (1).</DELETED> <DELETED>SEC. 203. ACQUISITION LIFE-CYCLE COST ESTIMATES.</DELETED> <DELETED> Section 1132(e) of title 14, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following:</DELETED> <DELETED> ``(2) Types of estimates.--For each Level 1 or Level 2 acquisition project or program, in addition to life- cycle cost estimates developed under paragraph (1), the Commandant shall require--</DELETED> <DELETED> ``(A) such life-cycle cost estimates to be updated before--</DELETED> <DELETED> ``(i) each milestone decision is concluded; and</DELETED> <DELETED> ``(ii) the project or program enters a new acquisition phase; and</DELETED> <DELETED> ``(B) an independent cost estimate or independent cost assessment, as appropriate, to be developed to validate such life-cycle cost estimates.''.</DELETED> <DELETED>SEC. 204. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR WESTERN PACIFIC REGION.</DELETED> <DELETED> (a) Report.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Coast Guard Commander of the Pacific Area, the Commander of United States Indo-Pacific Command, and the Under Secretary of Commerce for Oceans and Atmosphere, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the Coast Guard's resourcing needs to achieve optimum operations in the Western Pacific region.</DELETED> <DELETED> (2) Elements.--The report required under paragraph (1) shall include the following:</DELETED> <DELETED> (A) An assessment of the risks and associated needs--</DELETED> <DELETED> (i) to United States strategic maritime interests, in particular such interests in areas west of the International Date Line, including risks to bilateral maritime partners of the United States, posed by not fully staffing and equipping Coast Guard operations in the Western Pacific region;</DELETED> <DELETED> (ii) to the Coast Guard mission and force posed by not fully staffing and equipping Coast Guard operations in the Western Pacific region; and</DELETED> <DELETED> (iii) to support the call of the President, as set forth in the Indo-Pacific Strategy, to expand Coast Guard presence and cooperation in Southeast Asia, South Asia, and the Pacific Islands, with a focus on advising, training, deployment, and capacity- building.</DELETED> <DELETED> (B) A description of the additional resources, including shoreside resources, required to fully implement the needs described in subparagraph (A), including the United States commitment to bilateral fisheries law enforcement in the Pacific Ocean.</DELETED> <DELETED> (C) A description of the operational and personnel assets required and a dispersal plan for available and projected future Coast Guard cutters and aviation forces to conduct optimum operations in the Western Pacific region.</DELETED> <DELETED> (D) An analysis with respect to whether a national security cutter or fast response cutter located at a United States military installation in a foreign country in the Western Pacific Region would enhance United States national security, partner country capacity building, and prevention and effective response to illegal, unreported, and unregulated fishing.</DELETED> <DELETED> (E) An assessment of the benefits and associated costs involved in--</DELETED> <DELETED> (i) increasing staffing of Coast Guard personnel within the command elements of United States Indo-Pacific Command or subordinate commands; and</DELETED> <DELETED> (ii) designating a Coast Guard patrol force under the direct authority of the Commander of the United States Indo-Pacific Command with associated forward-based assets and personnel.</DELETED> <DELETED> (F) An identification of any additional authority necessary, including proposals for legislative change, to meet the needs identified in accordance with subparagraphs (A) through (E) and any other mission requirement in the Western Pacific region.</DELETED> <DELETED> (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.</DELETED> <DELETED> (b) Briefing.--Not later than 60 days after the date on which the Commandant submits the report under subsection (a), the Commandant, or a designated individual, shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the findings and conclusions of such report.</DELETED> <DELETED>SEC. 205. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG TRAFFICKING THREATS IN THE FLORIDA STRAITS AND CARIBBEAN REGION, INCLUDING CUBA.</DELETED> <DELETED> (a) In General.--The Commandant shall conduct a study on national security, drug trafficking, and other relevant threats as the Commandant considers appropriate, in the Florida Straits and Caribbean region, including Cuba.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall include the following:</DELETED> <DELETED> (1) An assessment of--</DELETED> <DELETED> (A) new technology and evasive maneuvers used by transnational criminal organizations to evade detection and interdiction by Coast Guard law enforcement units and interagency partners; and</DELETED> <DELETED> (B) capability gaps of the Coast Guard with respect to--</DELETED> <DELETED> (i) the detection and interdiction of illicit drugs in the Florida Straits and Caribbean region, including Cuba; and</DELETED> <DELETED> (ii) the detection of national security threats in such region.</DELETED> <DELETED> (2) An identification of--</DELETED> <DELETED> (A) the critical technological advancements required for the Coast Guard to meet current and anticipated threats in such region;</DELETED> <DELETED> (B) the capabilities required to enhance information sharing and coordination between the Coast Guard and interagency partners, foreign governments, and related civilian entities; and</DELETED> <DELETED> (C) any significant new or developing threat to the United States posed by illicit actors in such region.</DELETED> <DELETED> (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection (a).</DELETED> <DELETED>SEC. 206. COAST GUARD YARD.</DELETED> <DELETED> (a) In General.--With respect to the Coast Guard Yard, the purposes of the authorization under section 103(b) are--</DELETED> <DELETED> (1) to improve resilience and capacity;</DELETED> <DELETED> (2) to maintain and expand Coast Guard organic manufacturing capacity;</DELETED> <DELETED> (3) to expand training and recruitment;</DELETED> <DELETED> (4) to enhance safety;</DELETED> <DELETED> (5) to improve environmental compliance; and</DELETED> <DELETED> (6) to ensure that the Coast Guard Yard is prepared to meet the growing needs of the modern Coast Guard fleet.</DELETED> <DELETED> (b) Inclusions.--The Secretary of the department in which the Coast Guard is operating shall ensure that the Coast Guard Yard receives improvements that include the following:</DELETED> <DELETED> (1) Facilities upgrades needed to improve resilience of the shipyard, its facilities, and associated infrastructure.</DELETED> <DELETED> (2) Acquisition of a large-capacity drydock.</DELETED> <DELETED> (3) Improvements to piers and wharves, drydocks, and capital equipment utilities.</DELETED> <DELETED> (4) Environmental remediation.</DELETED> <DELETED> (5) Construction of a new warehouse and paint facility.</DELETED> <DELETED> (6) Acquisition of a new travel lift.</DELETED> <DELETED> (7) Dredging necessary to facilitate access to the Coast Guard Yard.</DELETED> <DELETED> (c) Workforce Development Plan.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a workforce development plan that--</DELETED> <DELETED> (1) outlines the workforce needs of the Coast Guard Yard with respect to civilian employees and active duty members of the Coast Guard, including engineers, individuals engaged in trades, cyber specialists, and other personnel necessary to meet the evolving mission set of the Coast Guard Yard; and</DELETED> <DELETED> (2) includes recommendations for Congress with respect to the authorities, training, funding, and civilian and active-duty recruitment, including the recruitment of women and underrepresented minorities, necessary to meet workforce needs of the Coast Guard Yard for the 10-year period beginning on the date of submission of the plan.</DELETED> <DELETED>SEC. 207. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN CONTRACTS AND GRANTS TO PROCURE COST-EFFECTIVE TECHNOLOGY FOR MISSION NEEDS.</DELETED> <DELETED> (a) In General.--Subchapter III of chapter 11 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 1158. Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs</DELETED> <DELETED> ``(a) In General.--Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to develop prototypes for, and to operate and procure, cost-effective technology for the purpose of meeting the mission needs of the Coast Guard.</DELETED> <DELETED> ``(b) Procurement and Acquisition.--Procurement or acquisition of technologies under subsection (a) shall be--</DELETED> <DELETED> ``(1) carried out in accordance with this title and Coast Guard policies and guidance; and</DELETED> <DELETED> ``(2) consistent with the operational requirements of the Coast Guard.</DELETED> <DELETED> ``(c) Limitations.--</DELETED> <DELETED> ``(1) In general.--The Commandant may not enter into a transaction under subsection (a) with respect to a technology that--</DELETED> <DELETED> ``(A) does not comply with the cybersecurity standards of the Coast Guard; or</DELETED> <DELETED> ``(B) is sourced from an entity domiciled in the People's Republic of China, unless the Commandant determines that the prototype, operation, or procurement of such a technology is for the purpose of--</DELETED> <DELETED> ``(i) counter-UAS operations, surrogate testing, or training; or</DELETED> <DELETED> ``(ii) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.</DELETED> <DELETED> ``(2) Waiver.--The Commandant may waive the application under paragraph (1) on a case-by-case basis by certifying in writing to the Secretary of Homeland Security and the appropriate committees of Congress that the prototype, operation, or procurement of the applicable technology is in the national interests of the United States.</DELETED> <DELETED> ``(d) Education and Training.--The Commandant shall ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section, or other innovative forms of contracting, are provided opportunities for adequate education and training with respect to the authority under this section.</DELETED> <DELETED> ``(e) Report.--</DELETED> <DELETED> ``(1) In general.--Not later than 5 years after the date of the enactment of this section, the Commandant shall submit to the appropriate committees of Congress a report that--</DELETED> <DELETED> ``(A) describes the use of the authority pursuant to this section; and</DELETED> <DELETED> ``(B) assesses the mission and operational benefits of such authority.</DELETED> <DELETED> ``(2) Appropriate committees of congress defined.--In this subsection, the term `appropriate committees of Congress' means--</DELETED> <DELETED> ``(A) the Committee on Commerce, Science, and Transportation of the Senate; and</DELETED> <DELETED> ``(B) the Committee on Transportation and Infrastructure of the House of Representatives.</DELETED> <DELETED> ``(f) Regulations.--The Commandant shall prescribe regulations as necessary to carry out this section.</DELETED> <DELETED> ``(g) Definitions of Unmanned Aircraft, Unmanned Aircraft System, and Counter-UAS.--In this section, the terms `unmanned aircraft', `unmanned aircraft system', and `counter-UAS' have the meanings given such terms in section 44801 of title 49, United States Code.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for subchapter II of chapter 11 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``1158. Authority to enter into transactions other than contracts and grants to procure cost- effective technology for mission needs.''. <DELETED>SEC. 208. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS PLANNING.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall incorporate the most recent oceanic and atmospheric data relating to the increasing rates of extreme weather, including flooding, into planning scenarios for Coast Guard infrastructure and mission deployments with respect to all Coast Guard Missions.</DELETED> <DELETED> (b) Coordination With National Oceanic and Atmospheric Administration.--In carrying out subsection (a), the Commandant shall-- </DELETED> <DELETED> (1) coordinate with the Under Secretary of Commerce for Oceans and Atmosphere to ensure the incorporation of the most recent environmental and climatic data; and</DELETED> <DELETED> (2) request technical assistance and advice from the Under Secretary in planning scenarios, as appropriate.</DELETED> <DELETED> (c) Briefing.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the manner in which the best-available science from the National Oceanic and Atmospheric Administration has been incorporated into at least 1 key mission area of the Coast Guard, and the lessons learned from so doing.</DELETED> <DELETED>Subtitle B--Great Lakes</DELETED> <DELETED>SEC. 211. GREAT LAKES WINTER COMMERCE.</DELETED> <DELETED> (a) In General.--Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 564. Great Lakes icebreaking operations</DELETED> <DELETED> ``(a) GAO Report.--</DELETED> <DELETED> ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Coast Guard Great Lakes icebreaking program.</DELETED> <DELETED> ``(2) Elements.--The report required under paragraph (1) shall include the following:</DELETED> <DELETED> ``(A) An evaluation of the economic impact of vessel delays or cancellations associated with ice coverage on the Great Lakes.</DELETED> <DELETED> ``(B) An evaluation of mission needs of the Coast Guard Great Lakes icebreaking program.</DELETED> <DELETED> ``(C) An evaluation of the impact that the proposed standards described in subsection (b) would have on--</DELETED> <DELETED> ``(i) Coast Guard operations in the Great Lakes;</DELETED> <DELETED> ``(ii) Northeast icebreaking missions; and</DELETED> <DELETED> ``(iii) inland waterway operations.</DELETED> <DELETED> ``(D) A fleet mix analysis for meeting such proposed standards.</DELETED> <DELETED> ``(E) A description of the resources necessary to support the fleet mix resulting from such fleet mix analysis, including for crew and operating costs.</DELETED> <DELETED> ``(F) Recommendations to the Commandant for improvements to the Great Lakes icebreaking program, including with respect to facilitating commerce and meeting all Coast Guard mission needs.</DELETED> <DELETED> ``(b) Proposed Standards for Icebreaking Operations.--The proposed standards described in this subsection are the following:</DELETED> <DELETED> ``(1) Except as provided in paragraph (2), the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 90 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways.</DELETED> <DELETED> ``(2) In a year in which the Great Lakes are not open to navigation because of ice of a thickness that occurs on average only once every 10 years, the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 70 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways.</DELETED> <DELETED> ``(c) Report by Commandant.--Not later than 90 days after the date on which the Comptroller General submits the report under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the following:</DELETED> <DELETED> ``(1) A plan for Coast Guard implementation of any recommendation made by the Comptroller General under subparagraph (F) of subsection (a)(2) the Commandant considers appropriate.</DELETED> <DELETED> ``(2) With respect to any recommendation made under such subparagraph that the Commandant declines to implement, a justification for such decision.</DELETED> <DELETED> ``(3) A review of, and a proposed implementation plan for, the results of the fleet mix analysis under subparagraph (D) of that subsection.</DELETED> <DELETED> ``(4) Any proposed modifications to the standards for icebreaking operations in the Great Lakes.</DELETED> <DELETED> ``(d) Definitions.--In this section:</DELETED> <DELETED> ``(1) Commercial vessel.--The term `commercial vessel' means any privately owned cargo vessel operating in the Great Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary under section 14104 of such title.</DELETED> <DELETED> ``(2) Great lakes.--The term `Great Lakes' means the United States waters of Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors.</DELETED> <DELETED> ``(3) Ice-covered waterway.--The term `ice-covered waterway' means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions.</DELETED> <DELETED> ``(4) Open to navigation.--The term `open to navigation' means navigable to the extent necessary, in no particular order of priority--</DELETED> <DELETED> ``(A) to extricate vessels and individuals from danger;</DELETED> <DELETED> ``(B) to prevent damage due to flooding;</DELETED> <DELETED> ``(C) to meet the reasonable demands of commerce;</DELETED> <DELETED> ``(D) to minimize delays to passenger ferries; and</DELETED> <DELETED> ``(E) to conduct other Coast Guard missions as required.</DELETED> <DELETED> ``(5) Reasonable demands of commerce.--The term `reasonable demands of commerce' means the safe movement of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes and appropriate to the ice capability of the commercial vessel.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for chapter 5 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``564. Great Lakes icebreaking operations.''. <DELETED>SEC. 212. DATABASE ON ICEBREAKING OPERATIONS IN THE GREAT LAKES.</DELETED> <DELETED> (a) In General.--The Commandant shall establish and maintain a database for collecting, archiving, and disseminating data on icebreaking operations and commercial vessel and ferry transit in the Great Lakes during ice season.</DELETED> <DELETED> (b) Elements.--The database required under subsection (a) shall include the following:</DELETED> <DELETED> (1) Attempts by commercial vessels and ferries to transit ice-covered waterways in the Great Lakes that are unsuccessful because of inadequate icebreaking.</DELETED> <DELETED> (2) The period of time that each commercial vessel or ferry was unsuccessful at so transiting due to inadequate icebreaking.</DELETED> <DELETED> (3) The amount of time elapsed before each such commercial vessel or ferry was successfully broken out of the ice and whether it was accomplished by the Coast Guard or by commercial icebreaking assets.</DELETED> <DELETED> (4) Relevant communications of each such commercial vessel or ferry with the Coast Guard and with commercial icebreaking services during such period.</DELETED> <DELETED> (5) A description of any mitigating circumstance, such as Coast Guard icebreaker diversions to higher priority missions, that may have contributed to the amount of time described in paragraph (3).</DELETED> <DELETED> (c) Voluntary Reporting.--Any reporting by operators of commercial vessels or ferries under this section shall be voluntary.</DELETED> <DELETED> (d) Public Availability.--The Commandant shall make the database available to the public on a publicly accessible internet website of the Coast Guard.</DELETED> <DELETED> (e) Consultation With Industry.--With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the database required under subsection (a), the Commandant shall consult operators of commercial vessels and ferries.</DELETED> <DELETED> (f) Definitions.--In this section:</DELETED> <DELETED> (1) Commercial vessel.--The term ``commercial vessel'' means any privately owned cargo vessel operating in the Great Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, United States Code, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary of the department in which the Coast Guard is operating under section 14104 of such title.</DELETED> <DELETED> (2) Great lakes.--The term ``Great Lakes'' means the United States waters of Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors.</DELETED> <DELETED> (3) Ice-covered waterway.--The term ``ice-covered waterway'' means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions.</DELETED> <DELETED> (4) Open to navigation.--The term ``open to navigation'' means navigable to the extent necessary, in no particular order of priority--</DELETED> <DELETED> (A) to extricate vessels and individuals from danger;</DELETED> <DELETED> (B) to prevent damage due to flooding;</DELETED> <DELETED> (C) to meet the reasonable demands of commerce;</DELETED> <DELETED> (D) to minimize delays to passenger ferries; and</DELETED> <DELETED> (E) to conduct other Coast Guard missions as required.</DELETED> <DELETED> (5) Reasonable demands of commerce.--The term ``reasonable demands of commerce'' means the safe movement of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes and appropriate to the ice capability of the commercial vessel.</DELETED> <DELETED> (g) Public Report.--Not later than July 1 after the first winter in which the Commandant is subject to the requirements of section 564 of title 14, United States Code, the Commandant shall publish on a publicly accessible internet website of the Coast Guard a report on the cost to the Coast Guard of meeting the requirements of that section.</DELETED> <DELETED>SEC. 213. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.</DELETED> <DELETED> (a) In General.--The Commandant shall develop a plan to expand snowmobile procurement for Coast Guard units at which snowmobiles may improve ice rescue response times while maintaining the safety of Coast Guard personnel engaged in search and rescue. The plan must include consideration of input from Officers in Charge, Commanding Officers, and Commanders of impacted units.</DELETED> <DELETED> (b) Elements.--The plan required by subsection (a) shall include--</DELETED> <DELETED> (1) a consideration of input from officers in charge, commanding officers, and commanders of affected Coast Guard units;</DELETED> <DELETED> (2) a detailed description of the estimated costs of procuring, maintaining, and training members of the Coast Guard at affected units to use snowmobiles; and</DELETED> <DELETED> (3) an assessment of--</DELETED> <DELETED> (A) the degree to which snowmobiles may improve ice rescue response times while maintaining the safety of Coast Guard personnel engaged in search and rescue;</DELETED> <DELETED> (B) the operational capabilities of a snowmobile, as compared to an airboat, and a force laydown assessment with respect to the assets needed for effective operations at Coast Guard units conducting ice rescue activities; and</DELETED> <DELETED> (C) the potential risks to members of the Coast Guard and members of the public posed by the use of snowmobiles by members of the Coast Guard for ice rescue activities.</DELETED> <DELETED> (c) Public Availability.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall finalize the plan required by subsection (a) and make the plan available on a publicly accessible internet website of the Coast Guard.</DELETED> <DELETED>SEC. 214. GREAT LAKES BARGE INSPECTION EXEMPTION.</DELETED> <DELETED> Section 3302(m) of title 46, United States Code, is amended--</DELETED> <DELETED> (1) in the matter preceding paragraph (1), by inserting ``or a Great Lakes barge'' after ``seagoing barge''; and</DELETED> <DELETED> (2) by striking ``section 3301(6) of this title'' and inserting ``paragraph (6) or (13) of section 3301 of this title''.</DELETED> <DELETED>SEC. 215. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION ASSETS TO MEET MISSION DEMANDS.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on--</DELETED> <DELETED> (1) the force laydown of Coast Guard aviation assets; and</DELETED> <DELETED> (2) any geographic gaps in coverage by Coast Guard assets in areas in which the Coast Guard has search and rescue responsibilities.</DELETED> <DELETED> (b) Elements.--The report required by subsection (a) shall include the following:</DELETED> <DELETED> (1) The distance, time, and weather challenges that MH-65 and MH-60 units may face in reaching the outermost limits of the area of operation of Coast Guard District 9 for which such units are responsible.</DELETED> <DELETED> (2) An assessment of the advantages that Coast Guard fixed-wing assets, or an alternate rotary wing asset, would offer to the outermost limits of any area of operation for purposes of search and rescue, law enforcement, ice operations, and logistical missions.</DELETED> <DELETED> (3) A comparison of advantages and disadvantages of the manner in which each of the Coast Guard fixed-wing aircraft would operate in the outermost limits of any area of operation.</DELETED> <DELETED> (4) A specific assessment of the coverage gaps, including gaps in fixed-wing coverage, and potential solutions to address such gaps in the area of operation of Coast Guard District 9, including the eastern region of such area of operation.</DELETED> <DELETED>Subtitle C--Arctic</DELETED> <DELETED>SEC. 221. ESTABLISHMENT OF THE ARCTIC SECURITY CUTTER PROGRAM OFFICE.</DELETED> <DELETED> (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Commandant shall establish a program office for the acquisition of the Arctic Security Cutter to expedite the evaluation of requirements and initiate design of a vessel class critical to the national security of the United States.</DELETED> <DELETED> (b) Design Phase.--Not later than 270 days after the date of the enactment of this Act, the Commandant shall initiate the design phase of the Arctic Security Cutter vessel class.</DELETED> <DELETED> (c) Quarterly Briefings.--Not less frequently than quarterly until the date on which the contract for acquisition of the Arctic Security Cutter is awarded, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of requirements evaluations, design of the vessel, and schedule of the program.</DELETED> <DELETED>SEC. 222. ARCTIC ACTIVITIES.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means--</DELETED> <DELETED> (A) the Committee on Commerce, Science, and Transportation of the Senate; and</DELETED> <DELETED> (B) the Committee on Transportation and Infrastructure of the House of Representatives.</DELETED> <DELETED> (2) Arctic.--The term ``Arctic'' has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).</DELETED> <DELETED> (b) Arctic Operational Implementation Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit a report to the appropriate committees of Congress that describes the ability and timeline to conduct a transit of the Northern Sea Route and periodic transits of the Northwest Passage.</DELETED> <DELETED>SEC. 223. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the Arctic operations and infrastructure of the Coast Guard.</DELETED> <DELETED> (b) Elements.--The study required under subsection (a) shall assess the following:</DELETED> <DELETED> (1) The extent of the collaboration between the Coast Guard and the Department of Defense to assess, manage, and mitigate security risks in the Arctic region.</DELETED> <DELETED> (2) Actions taken by the Coast Guard to manage risks to Coast Guard operations, infrastructure, and workforce planning in the Arctic.</DELETED> <DELETED> (3) The plans the Coast Guard has in place for managing and mitigating the risks to commercial maritime operations and the environment in the Arctic region.</DELETED> <DELETED> (c) Report.--Not later than 1 year after commencing the study required under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.</DELETED> <DELETED>Subtitle D--Maritime Cyber and Artificial Intelligence</DELETED> <DELETED>SEC. 231. ENHANCING MARITIME CYBERSECURITY.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Cyber incident.--The term ``cyber incident''-- </DELETED> <DELETED> (A) means an event occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon; and</DELETED> <DELETED> (B) includes a vulnerability in an information system, system security procedures, internal controls, or implementation that could be exploited by a threat source.</DELETED> <DELETED> (2) Maritime operators.--The term ``maritime operators'' means the owners or operators of vessels engaged in commercial service, the owners or operators of port facilities, and port authorities.</DELETED> <DELETED> (3) Significant cyber incident.--The term ``significant cyber incident'' means a cyber incident that the Secretary of Homeland Security determines is (or group of related cyber incidents that together are) likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to public confidence, civil liberties, or public health and safety of the people of the United States.</DELETED> <DELETED> (4) Port facilities.--The term ``port facilities'' has the meaning given the term ``facility'' in section 70101 of title 46.</DELETED> <DELETED> (b) Public Availability of Cybersecurity Tools and Resources.--</DELETED> <DELETED> (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Commandant, in coordination with the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology, shall identify and make available to the public a list of tools and resources, including the resources of the Coast Guard and the Cybersecurity and Infrastructure Security Agency, designed to assist maritime operators in identifying, detecting, protecting against, responding to, and recovering from significant cyber incidents.</DELETED> <DELETED> (2) Identification.--In carrying out paragraph (1), the Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology shall identify tools and resources that--</DELETED> <DELETED> (A) comply with the cybersecurity framework for improving critical infrastructure established by the National Institute of Standards and Technology; or</DELETED> <DELETED> (B) use the guidelines on maritime cyber risk management issued by the International Maritime Organization on July 5, 2017 (or successor guidelines).</DELETED> <DELETED> (3) Consultation.--</DELETED> <DELETED> (A) In general.--The Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology may consult with maritime operators, other Federal agencies, industry stakeholders, and cybersecurity experts to identify tools and resources for purposes of this section.</DELETED> <DELETED> (B) Inapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultation described in subparagraph (A) or to any other action in support of the implementation of this section.</DELETED> <DELETED>SEC. 232. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND AUTONOMOUS CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT.</DELETED> <DELETED> (a) In General.--Section 319 of title 14, United States Code, is amended to read as follows:</DELETED> <DELETED>``Sec. 319. Unmanned system program and autonomous control and computer vision technology project</DELETED> <DELETED> ``(a) Unmanned System Program.--The Secretary shall establish, under the control of the Commandant, an unmanned system program for the use by the Coast Guard of land-based, cutter-based, and aircraft-based unmanned systems for the purpose of increasing effectiveness and efficiency of mission execution.</DELETED> <DELETED> ``(b) Autonomous Control and Computer Vision Technology Project.--</DELETED> <DELETED> ``(1) In general.--The Commandant shall conduct a project to retrofit 2 or more existing Coast Guard small boats deployed at operational units with--</DELETED> <DELETED> ``(A) commercially available autonomous control and computer vision technology; and</DELETED> <DELETED> ``(B) such sensors and methods of communication as are necessary to control, and technology to assist in conducting, search and rescue, surveillance, and interdiction missions.</DELETED> <DELETED> ``(2) Data collection.--As part of the project required by paragraph (1), the Commandant shall collect and evaluate field-collected operational data from the retrofit described in that paragraph so as to inform future requirements.</DELETED> <DELETED> ``(3) Briefing.--Not later than 180 days after the date on which the project required under paragraph (1) is completed, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the project that includes an evaluation of the data collected from the project.</DELETED> <DELETED> ``(c) Unmanned System Defined.--In this section, the term `unmanned system' means--</DELETED> <DELETED> ``(1) an unmanned aircraft system (as defined in section 331 of the Federal Aviation Administration Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 44802 note));</DELETED> <DELETED> ``(2) an unmanned marine surface system; and</DELETED> <DELETED> ``(3) an unmanned marine subsurface system.</DELETED> <DELETED> ``(d) Cost Assessment.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to Congress an estimate of the costs associated with implementing the amendments made by this section.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for chapter 3 of title 14, United States Code, is amended by striking the item relating to section 319 and inserting the following:</DELETED> <DELETED>``319. Unmanned system program and autonomous control and computer vision technology project.''. <DELETED>SEC. 233. ARTIFICIAL INTELLIGENCE STRATEGY.</DELETED> <DELETED> (a) Establishment of Activities.--</DELETED> <DELETED> (1) In general.--The Commandant shall establish a set of activities to coordinate the efforts of the Coast Guard to develop and mature artificial intelligence technologies and transition such technologies into operational use where appropriate.</DELETED> <DELETED> (2) Emphasis.--The set of activities established under paragraph (1) shall--</DELETED> <DELETED> (A) apply artificial intelligence and machine-learning solutions to operational and mission- support problems; and</DELETED> <DELETED> (B) coordinate activities involving artificial intelligence and artificial intelligence- enabled capabilities within the Coast Guard.</DELETED> <DELETED> (b) Designated Official.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall designate a senior official of the Coast Guard (referred to in this section as the ``designated official'') with the principal responsibility for the coordination of activities relating to the development and demonstration of artificial intelligence and machine learning for the Coast Guard.</DELETED> <DELETED> (2) Duties.--</DELETED> <DELETED> (A) Strategic plan.--</DELETED> <DELETED> (i) In general.--The designated official shall develop a detailed strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use where appropriate.</DELETED> <DELETED> (ii) Elements.--The plan required by clause (i) shall include the following:</DELETED> <DELETED> (I) A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities.</DELETED> <DELETED> (II) The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed by the Coast Guard and by other organizations for military missions and business operations.</DELETED> <DELETED> (iii) Coordination.--In developing the plan required by clause (i), the designated official shall coordinate and engage with the Secretary of Defense and the Joint Artificial Intelligence Center.</DELETED> <DELETED> (iv) Submission to commandant.-- Not later than 2 years after the date of the enactment of this Act, the designated official shall submit to the Commandant the plan developed under clause (i).</DELETED> <DELETED> (B) Governance and oversight of artificial intelligence and machine learning policy.--The designated official shall regularly convene appropriate officials of the Coast Guard--</DELETED> <DELETED> (i) to integrate the functional activities of the Coast Guard with respect to artificial intelligence and machine learning;</DELETED> <DELETED> (ii) to ensure that there are efficient and effective artificial intelligence and machine-learning capabilities throughout the Coast Guard; and</DELETED> <DELETED> (iii) to develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence and machine learning throughout the Coast Guard.</DELETED> <DELETED> (c) Acceleration of Development and Fielding of Artificial Intelligence.--To the extent practicable, the Commandant, in conjunction with the Secretary of Defense and the Joint Artificial Intelligence Center, shall--</DELETED> <DELETED> (1) use the flexibility of regulations, personnel, acquisition, partnerships with industry and academia, or other relevant policies of the Coast Guard to accelerate the development and fielding of artificial intelligence capabilities;</DELETED> <DELETED> (2) ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions;</DELETED> <DELETED> (3) provide technical advice and support to entities in the Coast Guard to optimize the use of artificial intelligence and machine-learning technologies to meet Coast Guard missions;</DELETED> <DELETED> (4) support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Coast Guard and technical feasibility;</DELETED> <DELETED> (5) develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial intelligence;</DELETED> <DELETED> (6) identify the workforce and capabilities needed to support the artificial intelligence capabilities and requirements of the Coast Guard;</DELETED> <DELETED> (7) develop classification guidance for all artificial intelligence-related activities of the Coast Guard;</DELETED> <DELETED> (8) work with appropriate officials to develop appropriate ethical, legal, and other policies for the Coast Guard governing the development and use of artificial intelligence-enabled systems and technologies in operational situations; and</DELETED> <DELETED> (9) ensure--</DELETED> <DELETED> (A) that artificial intelligence programs of the Coast Guard are consistent with this section; and</DELETED> <DELETED> (B) appropriate coordination of artificial intelligence activities of the Coast Guard with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in standards-setting bodies.</DELETED> <DELETED> (d) Strategic Plan.--</DELETED> <DELETED> (1) In general.--The Commandant shall develop a strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use where appropriate, that is informed by the plan developed by the designated official under subsection (b)(2)(A).</DELETED> <DELETED> (2) Elements.--The plan required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) Each element described in clause (ii) of subsection (b)(2)(A).</DELETED> <DELETED> (B) A consideration of the identification, adoption, and procurement of artificial intelligence technologies for use in operational and mission support activities.</DELETED> <DELETED> (3) Coordination.--In developing the plan required by paragraph (1), the Commandant shall coordinate and engage with the Secretary of Defense, the Chief Digital and Artificial Intelligence Office, defense and private industries, research universities, and unaffiliated, nonprofit research institutions.</DELETED> <DELETED> (4) Submission to congress.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the plan developed under paragraph (1).</DELETED> <DELETED>SEC. 234. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND ESTABLISHMENT OF PERFORMANCE METRICS.</DELETED> <DELETED> (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commandant shall--</DELETED> <DELETED> (1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Coast Guard;</DELETED> <DELETED> (2) identify the resources necessary to improve the use of artificial intelligence and digital technology in such platforms, processes, and operations; and</DELETED> <DELETED> (3) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations.</DELETED> <DELETED> (b) Performance Objectives and Accompanying Metrics.-- </DELETED> <DELETED> (1) Skill gaps.--In carrying out subsection (a), the Commandant shall--</DELETED> <DELETED> (A) conduct a comprehensive review and assessment of--</DELETED> <DELETED> (i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence;</DELETED> <DELETED> (ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and</DELETED> <DELETED> (iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and</DELETED> <DELETED> (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Coast Guard for skilled personnel.</DELETED> <DELETED> (2) AI modernization activities.--In carrying out subsection (a), the Commandant, with support from the Director of the Joint Artificial Intelligence Center, shall--</DELETED> <DELETED> (A) assess investment by the Coast Guard in artificial intelligence innovation, science and technology, and research and development;</DELETED> <DELETED> (B) assess investment by the Coast Guard in test and evaluation of artificial intelligence capabilities;</DELETED> <DELETED> (C) assess the integration of, and the resources necessary to better use artificial intelligence in wargames, exercises, and experimentation;</DELETED> <DELETED> (D) assess the application of, and the resources necessary to better use, artificial intelligence in logistics and sustainment systems;</DELETED> <DELETED> (E) assess the integration of, and the resources necessary to better use, artificial intelligence for administrative functions;</DELETED> <DELETED> (F) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Coast Guard; and</DELETED> <DELETED> (G) identify the resources necessary to effectively use artificial intelligence to carry out the missions of the Coast Guard.</DELETED> <DELETED> (c) Report to Congress.--Not later than 180 days after the completion of the review required by subsection (a)(1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on--</DELETED> <DELETED> (1) the findings of the Commandant with respect to such review and any action taken or proposed to be taken by the Commandant, and the resources necessary to address such findings;</DELETED> <DELETED> (2) the performance objectives and accompanying metrics established under subsections (a)(3) and (b)(1)(B); and</DELETED> <DELETED> (3) any recommendation with respect to proposals for legislative change necessary to successfully implement artificial intelligence applications within the Coast Guard.</DELETED> <DELETED>SEC. 235. CYBER DATA MANAGEMENT.</DELETED> <DELETED> (a) In General.--The Commandant, in coordination with the Commander of United States Cyber Command, and the Director of the Cybersecurity and Infrastructure Security Agency, shall--</DELETED> <DELETED> (1) develop policies, processes, and operating procedures governing--</DELETED> <DELETED> (A) access to and the ingestion, structure, storage, and analysis of information and data relevant to the Coast Guard Cyber Mission, including--</DELETED> <DELETED> (i) intelligence data relevant to Coast Guard missions;</DELETED> <DELETED> (ii) internet traffic, topology, and activity data relevant to such missions; and</DELETED> <DELETED> (iii) cyber threat information relevant to such missions; and</DELETED> <DELETED> (B) data management and analytic platforms relating to such missions; and</DELETED> <DELETED> (2) evaluate data management platforms referred to in paragraph (1)(B) to ensure that such platforms operate consistently with the Coast Guard Data Strategy.</DELETED> <DELETED> (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes--</DELETED> <DELETED> (1) an assessment of the progress on the activities required by subsection (a); and</DELETED> <DELETED> (2) any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to improve Coast Guard cyber data management.</DELETED> <DELETED>SEC. 236. DATA MANAGEMENT.</DELETED> <DELETED> The Commandant shall develop data workflows and processes for the leveraging of mission-relevant data by the Coast Guard to enhance operational effectiveness and efficiency.</DELETED> <DELETED>SEC. 237. STUDY ON CYBER THREATS TO THE UNITED STATES MARINE TRANSPORTATION SYSTEM.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on cyber threats to the United States marine transportation system.</DELETED> <DELETED> (b) Elements.--The study required by paragraph (1) shall assess the following:</DELETED> <DELETED> (1) The extent to which the Coast Guard, in collaboration with other Federal agencies, sets standards for the cybersecurity of facilities and vessels regulated under part 104, 105, or 106 of title 33 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act.</DELETED> <DELETED> (2) The manner in which the Coast Guard ensures cybersecurity standards are followed by port, vessel, and facility owners and operators.</DELETED> <DELETED> (3) The extent to which maritime sector-specific planning addresses cybersecurity, particularly for vessels and offshore platforms.</DELETED> <DELETED> (4) The manner in which the Coast Guard, other Federal agencies, and vessel and offshore platform operators exchange information regarding cyber risks.</DELETED> <DELETED> (5) The extent to which the Coast Guard is developing and deploying cybersecurity specialists in port and vessel systems and collaborating with the private sector to increase the expertise of the Coast Guard with respect to cybersecurity.</DELETED> <DELETED> (6) The cyber resource and workforce needs of the Coast Guard necessary to meet future mission demands.</DELETED> <DELETED> (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit a report on the findings of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.</DELETED> <DELETED> (d) Definition of Facility.--In this section the term ``facility'' has the meaning given the term in section 70101 of title 46, United States Code.</DELETED> <DELETED>Subtitle E--Aviation</DELETED> <DELETED>SEC. 241. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT: PROGRAM AUTHORIZATION AND ELIGIBLE RECIPIENTS.</DELETED> <DELETED> (a) In General.--Subchapter I of chapter 5 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 509. Space-available travel on Coast Guard aircraft</DELETED> <DELETED> ``(a)(1) The Coast Guard may establish a program to provide transportation on Coast Guard aircraft on a space-available basis to the categories of eligible individuals described in subsection (c) (in this section referred to as the `program').</DELETED> <DELETED> ``(2) Not later than 1 year after the date on which the program is established, the Commandant shall develop a policy for its operation.</DELETED> <DELETED> ``(b)(1) The Commandant shall operate the program in a budget-neutral manner.</DELETED> <DELETED> ``(2)(A) Except as provided in subparagraph (B), no additional funds may be used, or flight hours performed, for the purpose of providing transportation under the program.</DELETED> <DELETED> ``(B) The Commandant may make de minimis expenditures of resources required for the administrative aspects of the program.</DELETED> <DELETED> ``(3) Eligible individuals described in subsection (c) shall not be required to reimburse the Coast Guard for travel provided under this section.</DELETED> <DELETED> ``(c) Subject to subsection (d), the categories of eligible individuals described in this subsection are the following:</DELETED> <DELETED> ``(1) Members of the armed forces on active duty.</DELETED> <DELETED> ``(2) Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card.</DELETED> <DELETED> ``(3) Retired members of a regular or reserve component of the armed forces, including retired members of reserve components who, but for being under the eligibility age applicable under section 12731 of title 10, would be eligible for retired pay under chapter 1223 of title 10.</DELETED> <DELETED> ``(4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total.</DELETED> <DELETED> ``(5) Such categories of dependents of individuals described in paragraphs (1) through (3) as the Commandant shall specify in the policy under subsection (a)(2), under such conditions and circumstances as the Commandant shall specify in such policy.</DELETED> <DELETED> ``(6) Such other categories of individuals as the Commandant, in the discretion of the Commandant, considers appropriate.</DELETED> <DELETED> ``(d) In operating the program, the Commandant shall-- </DELETED> <DELETED> ``(1) in the sole discretion of the Commandant, establish an order of priority for transportation for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale;</DELETED> <DELETED> ``(2) give priority in consideration of transportation to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and</DELETED> <DELETED> ``(3) implement policies aimed at ensuring cost control (as required by subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the program to 1 or more categories of otherwise eligible individuals, as the Commandant considers necessary.</DELETED> <DELETED> ``(e)(1) Notwithstanding subsection (d)(1), in establishing space-available transportation priorities under the program, the Commandant shall provide transportation for an individual described in paragraph (2), and a single dependent of the individual if needed to accompany the individual, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 years traveling on environmental and morale leave.</DELETED> <DELETED> ``(2) Subject to paragraph (3), paragraph (1) applies with respect to an individual described in subsection (c)(3) who--</DELETED> <DELETED> ``(A) resides in or is located in a Commonwealth or possession of the United States; and</DELETED> <DELETED> ``(B) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty care provider for services to be provided outside of that Commonwealth or possession.</DELETED> <DELETED> ``(3) If an individual described in subsection (c)(3) is a retired member of a reserve component who is ineligible for retired pay under chapter 1223 of title 10 by reason of being under the eligibility age applicable under section 12731 of title 10, paragraph (1) applies to the individual only if the individual is also enrolled in the TRICARE program for certain members of the Retired Reserve authorized under section 1076e of title 10.</DELETED> <DELETED> ``(4) The priority for space-available transportation required by this subsection applies with respect to--</DELETED> <DELETED> ``(A) the travel from the Commonwealth or possession of the United States to receive the specialty care services; and</DELETED> <DELETED> ``(B) the return travel.</DELETED> <DELETED> ``(5) In this subsection, the terms `primary care provider' and `specialty care provider' refer to a medical or dental professional who provides health care services under chapter 55 of title 10.</DELETED> <DELETED> ``(f)(1) Travel may not be provided under this section to a veteran eligible for travel pursuant to paragraph (4) of subsection (c) in priority over any member eligible for travel under paragraph (1) of that subsection or any dependent of such a member eligible for travel under this section.</DELETED> <DELETED> ``(2) Subsection (c)(4) may not be construed as-- </DELETED> <DELETED> ``(A) affecting or in any way imposing on the Coast Guard, any armed force, or any commercial entity with which the Coast Guard or an armed force contracts, an obligation or expectation that the Coast Guard or such armed force will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Coast Guard or such armed force to accommodate passengers provided travel under such authority on account of disability; or</DELETED> <DELETED> ``(B) preempting the authority of an aircraft commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft.</DELETED> <DELETED> ``(g) The authority to provide transportation under the program is in addition to any other authority under law to provide transportation on Coast Guard aircraft on a space-available basis.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for subchapter I of chapter 5 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``509. Space-available travel on Coast Guard aircraft.''. <DELETED>SEC. 242. REPORT ON COAST GUARD AIR STATION BARBERS POINT HANGAR.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on facilities requirements for constructing a hangar at Coast Guard Air Station Barbers Point at Oahu, Hawaii.</DELETED> <DELETED> (b) Elements.--The report required by subsection (a) shall include the following:</DELETED> <DELETED> (1) A description of the $45,000,000 phase one design for the hangar at Coast Guard Air Station Barbers Point funded by the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1132).</DELETED> <DELETED> (2) An evaluation of the full facilities requirements for such hangar to house, maintain, and operate the MH-65 and HC-130J, including--</DELETED> <DELETED> (A) storage and provision of fuel; and</DELETED> <DELETED> (B) maintenance and parts storage facilities.</DELETED> <DELETED> (3) An evaluation of facilities growth requirements for possible future basing of the MH-60 with the C-130J at Coast Guard Air Station Barbers Point.</DELETED> <DELETED> (4) A description of and cost estimate for each project phase for the construction of such hangar.</DELETED> <DELETED> (5) A description of the plan for sheltering in the hangar during extreme weather events aircraft of the Coast Guard and partner agencies, such as the National Oceanic and Atmospheric Administration.</DELETED> <DELETED> (6) A description of the risks posed to operations at Coast Guard Air Station Barbers Point if future project phases for the construction of such hangar are not funded.</DELETED> <DELETED>SEC. 243. STUDY ON THE OPERATIONAL AVAILABILITY OF COAST GUARD AIRCRAFT AND STRATEGY FOR COAST GUARD AVIATION.</DELETED> <DELETED> (a) Study.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the operational availability of Coast Guard aircraft.</DELETED> <DELETED> (2) Elements.--The study required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) An assessment of--</DELETED> <DELETED> (i) the extent to which the fixed- wing and rotary-wing aircraft of the Coast Guard have met annual operational availability targets in recent years;</DELETED> <DELETED> (ii) the challenges the Coast Guard may face with respect to such aircraft meeting operational availability targets, and the effects of such challenges on the Coast Guard's ability to meet mission requirements; and</DELETED> <DELETED> (iii) the status of Coast Guard efforts to upgrade or recapitalize its fleet of such aircraft to meet growth in future mission demands globally, such as in the Western Hemisphere, the Arctic region, and the Western Pacific region.</DELETED> <DELETED> (B) Any recommendation with respect to the operational availability of Coast Guard aircraft.</DELETED> <DELETED> (C) The resource and workforce requirements necessary for Coast Guard Aviation to meet future mission demands.</DELETED> <DELETED> (3) Report.--On completion of the study required by paragraph (1), the Comptroller General shall submit to the Secretary of the department in which the Coast Guard is operating a report on the findings of the study.</DELETED> <DELETED> (b) Coast Guard Aviation Strategy.--</DELETED> <DELETED> (1) In general.--Not later than 180 days after the date on which the study under subsection (a) is completed, the Secretary of the department in which the Coast Guard is operating shall develop a comprehensive strategy for Coast Guard Aviation that is informed by the relevant recommendations and findings of the study.</DELETED> <DELETED> (2) Elements.--The strategy required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) With respect to aircraft of the Coast Guard, an analysis of the current and future operations and future resource needs.</DELETED> <DELETED> (B) The projected number of aviation assets, the locations at which such assets are to be stationed, the cost of operation and maintenance of such assets, and an assessment of the capabilities of such assets as compared to the missions they are expected to execute, at the completion of major procurement and modernization plans.</DELETED> <DELETED> (C) A procurement plan, including an estimated timetable and the estimated appropriations necessary for all platforms, including unmanned aircraft.</DELETED> <DELETED> (D) A training plan for pilots and aircrew that addresses--</DELETED> <DELETED> (i) the use of simulators owned and operated by the Coast Guard, and simulators that are not owned or operated by the Coast Guard, including any such simulators based outside the United States; and</DELETED> <DELETED> (ii) the costs associated with attending training courses.</DELETED> <DELETED> (E) Current and future requirements for cutter and land-based deployment of aviation assets globally, including in the Arctic, the Eastern Pacific, the Western Pacific, the Caribbean, the Atlantic Basin, and any other area the Commandant considers appropriate.</DELETED> <DELETED> (F) A description of the feasibility of and resource requirements necessary to deploy rotary- winged assets onboard all future Arctic cutter patrols.</DELETED> <DELETED> (G) An evaluation of current and future facilities needs for Coast Guard aviation units.</DELETED> <DELETED> (H) An evaluation of pilot and aircrew training and retention needs, including aviation career incentive pay, retention bonuses, and any other workforce tools the Commandant considers necessary.</DELETED> <DELETED> (3) Briefing.--Not later than 180 days after the date on which the strategy required by paragraph (1) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the strategy.</DELETED> <DELETED>Subtitle F--Workforce Readiness</DELETED> <DELETED>SEC. 251. AUTHORIZED STRENGTH.</DELETED> <DELETED> Section 3702 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED> ``(c) The Secretary may vary the authorized end strength of the Selected Reserve of the Coast Guard Reserve for a fiscal year by a number equal to not more than 3 percent of such end strength upon a determination by the Secretary that such a variation is in the national interest.</DELETED> <DELETED> ``(d) The Commandant may increase the authorized end strength of the Selected Reserve of the Coast Guard Reserve by a number equal to not more than 2 percent of such authorized end strength upon a determination by the Commandant that such an increase would enhance manning and readiness in essential units or in critical specialties or ratings.''.</DELETED> <DELETED>SEC. 252. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY PROMOTION LIST.</DELETED> <DELETED> (a) Maximum Number of Officers.--Section 2103(a) of title 14, United States Code, is amended to read as follows:</DELETED> <DELETED> ``(a) Maximum Total Number.--</DELETED> <DELETED> ``(1) In general.--The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 7,400.</DELETED> <DELETED> ``(2) Temporary increase.--Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under that paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class.</DELETED> <DELETED> ``(3) Notification.--If the Commandant increases pursuant to paragraph (2) the total number of commissioned officers permitted under paragraph (1), the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the number of officers on the active duty promotion list on the last day of the preceding 30-day period--</DELETED> <DELETED> ``(A) not later than 30 days after such increase; and</DELETED> <DELETED> ``(B) every 30 days thereafter until the total number of commissioned officers no longer exceeds the total number of commissioned officers permitted under paragraph (1).''.</DELETED> <DELETED> (b) Officers Not on Active Duty Promotion List.-- </DELETED> <DELETED> (1) In general.--Chapter 51 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 5113. Officers not on active duty promotion list</DELETED> <DELETED> ``Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105(a) of title 31, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the number of Coast Guard officers who are serving at other Federal agencies on a reimbursable basis, and the number of Coast Guard officers who are serving at other Federal agencies on a non- reimbursable basis but are not on the active duty promotion list.''.</DELETED> <DELETED> (2) Clerical amendment.--The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``5113. Officers not on active duty promotion list.''. <DELETED>SEC. 253. CONTINUATION ON ACTIVE DUTY OF OFFICERS WITH CRITICAL SKILLS.</DELETED> <DELETED> (a) In General.--Subchapter II of chapter 21 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 2166. Continuation on active duty of officers with critical skills</DELETED> <DELETED> ``(a) In General.--The Commandant may authorize an officer in any grade above grade O-2 to remain on active duty after the date otherwise provided for the retirement of the officer in section 2154 of this title if the officer possesses a critical skill or specialty or is in a career field designated pursuant to subsection (b).</DELETED> <DELETED> ``(b) Critical Skill, Specialty, or Career Field.--The Commandant shall designate 1 or more critical skills, specialties, or career fields for purposes of subsection (a).</DELETED> <DELETED> ``(c) Duration of Continuation.--An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service.</DELETED> <DELETED> ``(d) Policy.--The Commandant shall carry out this section by prescribing policy that specifies the criteria to be used in designating any critical skill, specialty, or career field for purposes of subsection (b).''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for subchapter II of chapter 21 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``2166. Continuation on active duty of officers with critical skills.''. <DELETED>SEC. 254. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.</DELETED> <DELETED> (a) Authority To Provide Assignment Pay or Special Duty Pay.--The Secretary of the department in which the Coast Guard is operating may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position and assigned as a marine inspector or marine investigator pursuant to section 312 of title 14, United States Code.</DELETED> <DELETED> (b) Annual Briefing.--</DELETED> <DELETED> (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on any uses of the authority under subsection (a) during the preceding year.</DELETED> <DELETED> (2) Elements.--Each briefing required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) The number of members of the Coast Guard serving as marine inspectors or marine investigators pursuant to section 312 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code.</DELETED> <DELETED> (B) An assessment of the impact of the use of the authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States.</DELETED> <DELETED> (C) An assessment of the effects of assignment pay and special duty pay on retention of marine inspectors and investigators.</DELETED> <DELETED> (D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exercising such authority, including an explanation of the efforts the Secretary of the department in which the Coast Guard is operating is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors.</DELETED> <DELETED> (c) Study.--</DELETED> <DELETED> (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in coordination with the Director of the National Institute for Occupational Safety and Health, shall conduct a study on the health of marine inspectors and marine investigators who have served in such positions for a period of not less than least 10 years.</DELETED> <DELETED> (2) Elements.--The study required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) An evaluation of--</DELETED> <DELETED> (i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities;</DELETED> <DELETED> (ii) major incidents to which marine inspectors and marine investigators have had to respond, and any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine inspectors and marine investigators to hazardous chemicals or substances; and</DELETED> <DELETED> (iii) the types of hazardous chemicals or substances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators.</DELETED> <DELETED> (B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, specifically with respect to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties.</DELETED> <DELETED> (C) Any other element the Secretary of the department in which the Coast Guard is operating considers appropriate.</DELETED> <DELETED> (3) Report.--On completion of the study required by paragraph (1), the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study and recommendations for actions the Commandant should take to improve the health and exposure of marine inspectors and marine investigators.</DELETED> <DELETED> (d) Termination.--The authority provided by subsection (a) shall terminate on December 31, 2027, unless the study required by subsection (c) is completed and submitted as required by that subsection.</DELETED> <DELETED>SEC. 255. EXPANSION OF THE ABILITY FOR SELECTION BOARD TO RECOMMEND OFFICERS OF PARTICULAR MERIT FOR PROMOTION.</DELETED> <DELETED> Section 2116(c)(1) of title 14, United States Code, is amended, in the second sentence, by inserting ``three times'' after ``may not exceed''.</DELETED> <DELETED>SEC. 256. PAY AND ALLOWANCES FOR CERTAIN MEMBERS OF THE COAST GUARD DURING FUNDING GAP.</DELETED> <DELETED> (a) In General.--During a funding gap, the Secretary of the Treasury shall make available to the Secretary of Homeland Security, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Homeland Security determines to be necessary to continue to provide, without interruption, during the funding gap such sums as are necessary for-- </DELETED> <DELETED> (1) pay and allowances to members of the Coast Guard, including reserve components thereof, who perform active service;</DELETED> <DELETED> (2) the payment of a death gratuity under sections 1475 through 1477 and 1489 of title 10, United States Code, with respect to members of the Coast Guard;</DELETED> <DELETED> (3) the payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, United States Code, with respect to members of the Coast Guard; and</DELETED> <DELETED> (4) the temporary continuation of a basic allowance of housing for dependents of members of the Coast Guard dying on active duty, as authorized by section 403(l) of title 37, United States Code.</DELETED> <DELETED> (b) Funding Gap Defined.--In this section, the term ``funding gap'' means any period after the beginning of a fiscal year for which interim or full-year appropriations for the personnel accounts of the Coast Guard have not been enacted.</DELETED> <DELETED>SEC. 257. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.</DELETED> <DELETED> (a) In General.--Section 2772 of title 14, United States Code, is amended to read as follows:</DELETED> <DELETED>``Sec. 2772. Education loan repayment program: members on active duty in specified military specialties</DELETED> <DELETED> ``(a)(1) Subject to the provisions of this section, the Secretary may repay--</DELETED> <DELETED> ``(A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);</DELETED> <DELETED> ``(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);</DELETED> <DELETED> ``(C) any loan made under part E of such title (20 U.S.C. 1087aa et seq.); or</DELETED> <DELETED> ``(D) any loan incurred for educational purposes made by a lender that is--</DELETED> <DELETED> ``(i) an agency or instrumentality of a State;</DELETED> <DELETED> ``(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State;</DELETED> <DELETED> ``(iii) a pension fund approved by the Secretary for purposes of this section; or</DELETED> <DELETED> ``(iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section.</DELETED> <DELETED> ``(2) Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower.</DELETED> <DELETED> ``(3) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary.</DELETED> <DELETED> ``(b) The portion or amount of a loan that may be repaid under subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for each year of service.</DELETED> <DELETED> ``(c) If a portion of a loan is repaid under this section for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required.</DELETED> <DELETED> ``(d) Nothing in this section shall be construed to authorize refunding any repayment of a loan.</DELETED> <DELETED> ``(e) A person who transfers from service making the person eligible for repayment of loans under this section (as described in subsection (a)(3)) to service making the person eligible for repayment of loans under section 16301 of title 10 (as described in subsection (a)(2) or (g) of that section) during a year shall be eligible to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served, in accordance with regulations of the Secretary concerned.</DELETED> <DELETED> ``(f) The Secretary shall prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and section 16301 of title 10 during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and section 16301(a) of title 10.</DELETED> <DELETED> ``(g) Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 16301 of title 10, a member of the Coast Guard who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) or 373 of title 37.</DELETED> <DELETED> ``(h) The Secretary may prescribe procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member's death or disability.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for subchapter III of chapter 27 of title 14, United States Code, is amended to read as follows:</DELETED> <DELETED>``2772. Education loan repayment program: members on active duty in specified military specialties.''. <DELETED>SEC. 258. RETIREMENT OF VICE COMMANDANT.</DELETED> <DELETED> Section 303 of title 14, United States Code, is amended-- </DELETED> <DELETED> (1) by amending subsection (a)(2) to read as follows:</DELETED> <DELETED> ``(2) A Vice Commandant who is retired while serving as Vice Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as provided in section 306(d).''; and</DELETED> <DELETED> (2) in subsection (c), by striking ``or Vice Commandant'' and inserting ``or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant''.</DELETED> <DELETED>SEC. 259. REPORT ON RESIGNATION AND RETIREMENT PROCESSING TIMES AND DENIAL.</DELETED> <DELETED> (a) In General.--Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report that evaluates resignation and retirement processing timelines.</DELETED> <DELETED> (b) Elements.--The report required by subsection (a) shall include the following for the preceding calendar year--</DELETED> <DELETED> (1) statistics on the number of resignations, retirements, and other separations that occurred;</DELETED> <DELETED> (2) the processing time for each action described in paragraph (1);</DELETED> <DELETED> (3) the percentage of requests for such actions that had a command endorsement;</DELETED> <DELETED> (4) the percentage of requests for such actions that did not have a command endorsement; and</DELETED> <DELETED> (5) for each denial of a request for a command endorsement and each failure to take action on such a request, a detailed description of the rationale for such denial or failure to take such action.</DELETED> <DELETED>SEC. 260. CALCULATION OF ACTIVE SERVICE.</DELETED> <DELETED> Any service described in writing, including by electronic communication, before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3388), by a representative of the Coast Guard Personnel Service Center, as service that counts toward total active service for the purpose of retirement under section 2152 of title 14, United States Code, shall be considered by the President as active service for purposes of applying such section with respect to the determination of the retirement qualification for any officer to whom a description was provided.</DELETED> <DELETED>SEC. 261. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE REVIEW.</DELETED> <DELETED> (a) Study.--</DELETED> <DELETED> (1) In general.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on the Coast Guard Physical Disability Evaluation System and medical retirement procedures.</DELETED> <DELETED> (2) Elements.--The study required by paragraph (1) shall review, and provide recommendations to address, the following:</DELETED> <DELETED> (A) Coast Guard compliance with all applicable laws, regulations, and policies relating to the Physical Disability Evaluation System and the Medical Evaluation Board.</DELETED> <DELETED> (B) Coast Guard compliance with timelines set forth in--</DELETED> <DELETED> (i) the instruction of the Commandant entitled ``Physical Disability Evaluation System'' issued on May 19, 2006 (COMDTNST M1850.2D); and</DELETED> <DELETED> (ii) the Physical Disability Evaluation System Transparency Initiative (ALCGPSC 030/20).</DELETED> <DELETED> (C) An evaluation of Coast Guard processes in place to ensure the availability, consistency, and effectiveness of counsel appointed by the Coast Guard Office of the Judge Advocate General to represent members of the Coast Guard undergoing an evaluation under the Physical Disability Evaluation System.</DELETED> <DELETED> (D) The extent to which the Coast Guard has and uses processes to ensure that such counsel may perform their functions in a manner that is impartial, including being able to perform their functions without undue pressure or interference by the command of the affected member of the Coast Guard, the Personnel Service Center, and the United States Coast Guard Office of the Judge Advocate General.</DELETED> <DELETED> (E) The frequency with which members of the Coast Guard seek private counsel in lieu of counsel appointed by the Coast Guard Office of the Judge Advocate General, and the frequency of so doing at each member pay grade.</DELETED> <DELETED> (F) The timeliness of determinations, guidance, and access to medical evaluations necessary for retirement or rating determinations and overall well-being of the affected member of the Coast Guard.</DELETED> <DELETED> (G) The guidance, formal or otherwise, provided by the Personnel Service Center and the Coast Guard Office of the Judge Advocate General, other than the counsel directly representing affected members of the Coast Guard, in communication with medical personnel examining members.</DELETED> <DELETED> (H) The guidance, formal or otherwise, provided by the medical professionals reviewing cases within the Physical Disability Evaluation System to affected members of the Coast Guard, and the extent to which such guidance is disclosed to the commanders, commanding officers, or other members of the Coast Guard in the chain of command of such affected members.</DELETED> <DELETED> (I) The feasibility of establishing a program to allow members of the Coast Guard to select an expedited review to ensure completion of the Medical Evaluation Board report not later than 180 days after the date on which such review was initiated.</DELETED> <DELETED> (b) Report.--The Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study conducted under subsection (a) and recommendations for improving the physical disability evaluation system process.</DELETED> <DELETED> (c) Updated Policy Guidance.--</DELETED> <DELETED> (1) In general.--Not later than 180 days after the date on which the report under subsection (b) is submitted, the Commandant shall issue updated policy guidance in response to the findings and recommendations contained in the report.</DELETED> <DELETED> (2) Elements.--The updated policy guidance required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) A requirement that a member of the Coast Guard, or the counsel of such a member, shall be informed of the contents of, and afforded the option to be present for, any communication between the member's command and the Personnel Service Center, or other Coast Guard entity, with respect to the duty status of the member.</DELETED> <DELETED> (B) An exception to the requirement described in subparagraph (A) that such a member or the counsel of the member is not required to be informed of the contents of such a communication if it is demonstrated that there is a legitimate health and safety need for the member to be excluded from such communications, supported by a medical opinion that such exclusion is necessary for the health or safety of the member, command, or any other individual.</DELETED> <DELETED> (C) An option to allow a member of the Coast Guard to initiate an evaluation by a Medical Evaluation Board if a Coast Guard healthcare provider, or other military healthcare provider, has raised a concern about the ability of the member to continue serving in the Coast Guard, in accordance with existing medical and physical disability policy.</DELETED> <DELETED> (D) An updated policy to remove the command endorsement requirement for retirement or separation unless absolutely necessary for the benefit of the United States.</DELETED> <DELETED>SEC. 262. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF CERTAIN PERSONNEL.</DELETED> <DELETED> (a) In General.--Section 2182(a) of title 14, United States Code, is amended by striking paragraph (2) and inserting the following:</DELETED> <DELETED> ``(2) Officers.--Each officer of the Coast Guard shall undergo a multirater assessment before promotion to-- </DELETED> <DELETED> ``(A) the grade of O-4;</DELETED> <DELETED> ``(B) the grade of O-5; and</DELETED> <DELETED> ``(C) the grade of O-6.</DELETED> <DELETED> ``(3) Enlisted members.--Each enlisted member of the Coast Guard shall undergo a multirater assessment before advancement to--</DELETED> <DELETED> ``(A) the grade of E-7;</DELETED> <DELETED> ``(B) the grade of E-8;</DELETED> <DELETED> ``(C) the grade of E-9; and</DELETED> <DELETED> ``(D) the grade of E-10.</DELETED> <DELETED> ``(4) Selection.--A reviewee shall not be permitted to select the peers and subordinates who provide opinions for his or her multirater assessment.</DELETED> <DELETED> ``(5) Post-assessment elements.--</DELETED> <DELETED> ``(A) In general.--Following an assessment of an individual pursuant to paragraphs (1) through (3), the individual shall be provided appropriate post- assessment counseling and leadership coaching.</DELETED> <DELETED> ``(B) Availability of results.--The supervisor of the individual assessed shall be provided with the results of the multirater assessment.''.</DELETED> <DELETED> (b) Cost Assessment.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the appropriate committees of Congress an estimate of the costs associated with implementing the amendment made by this section.</DELETED> <DELETED> (2) Appropriate committees of congress defined.-- In this subsection, the term ``appropriate committees of Congress'' means--</DELETED> <DELETED> (A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and</DELETED> <DELETED> (B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.</DELETED> <DELETED>SEC. 263. PROMOTION PARITY.</DELETED> <DELETED> (a) Information To Be Furnished.--Section 2115(a) of title 14, United States Code, is amended--</DELETED> <DELETED> (1) in paragraph (1), by striking ``; and'' and inserting a semicolon;</DELETED> <DELETED> (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 1561 note), shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary.''.</DELETED> <DELETED> (b) Special Selection Review Boards.--</DELETED> <DELETED> (1) In general.--Subchapter I of chapter 21 of title 14, United States Code, is amended by inserting after section 2120 the following:</DELETED> <DELETED>``Sec. 2120a. Special selection review boards</DELETED> <DELETED> ``(a) In General.--(1) If the Secretary determines that a person recommended by a promotion board for promotion to a grade at or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 2115(a)(3) of this title that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained.</DELETED> <DELETED> ``(2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person--</DELETED> <DELETED> ``(A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and</DELETED> <DELETED> ``(B) shall not be forwarded to the President or the Senate, as applicable, or included on a promotion list under section 2121 of this title.</DELETED> <DELETED> ``(b) Convening.--(1) Any special selection review board convened under this section shall be convened in accordance with the provisions of section 2120(c) of this title.</DELETED> <DELETED> ``(2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary shall specify in convening such special selection review board.</DELETED> <DELETED> ``(c) Information Considered.--(1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following:</DELETED> <DELETED> ``(A) The record and information concerning the person furnished in accordance with section 2115 of this title to the promotion board that recommended the person for promotion.</DELETED> <DELETED> ``(B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 2115(a)(3) of this title.</DELETED> <DELETED> ``(2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in section 2115 of this title.</DELETED> <DELETED> ``(3)(A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary shall ensure that--</DELETED> <DELETED> ``(i) such information is made available to the person; and</DELETED> <DELETED> ``(ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section.</DELETED> <DELETED> ``(B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person's authorization for access to classified information.</DELETED> <DELETED> ``(C)(i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if--</DELETED> <DELETED> ``(I) such information was made available to the person in connection with the furnishing of such information under section 2115(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and</DELETED> <DELETED> ``(II) the person submitted comments on such information to that promotion board.</DELETED> <DELETED> ``(ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board.</DELETED> <DELETED> ``(D) A person may waive either or both of the following:</DELETED> <DELETED> ``(i) The right to submit comments to a special selection review board under subparagraph (A)(ii).</DELETED> <DELETED> ``(ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii).</DELETED> <DELETED> ``(d) Consideration.--(1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board.</DELETED> <DELETED> ``(2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened.</DELETED> <DELETED> ``(3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion.</DELETED> <DELETED> ``(4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person--</DELETED> <DELETED> ``(A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and</DELETED> <DELETED> ``(B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board.</DELETED> <DELETED> ``(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board.</DELETED> <DELETED> ``(6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion.</DELETED> <DELETED> ``(e) Reports.--(1) Each special selection review board convened under this section shall submit to the Secretary a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it.</DELETED> <DELETED> ``(2) The provisions of sections 2117(a) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 2106 of this title.</DELETED> <DELETED> ``(f) Appointment of Persons.--(1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with section 2121 of this title.</DELETED> <DELETED> ``(2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned.</DELETED> <DELETED> ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section.</DELETED> <DELETED> ``(h) Promotion Board Defined.--In this section, the term `promotion board' means a selection board convened by the Secretary under section 2106 of this title.''.</DELETED> <DELETED> (2) Clerical amendment.--The analysis for subchapter I of chapter 21 of title 14, United States Code, is amended by inserting after the item relating to section 2120 the following:</DELETED> <DELETED>``2120a. Special selection review boards''. <DELETED> (c) Availability of Information.--Section 2118 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED> ``(e) If the Secretary makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information.''.</DELETED> <DELETED> (d) Delay of Promotion.--Section 2121(f) of title 14, United States Code, is amended to read as follows:</DELETED> <DELETED> ``(f)(1) The promotion of an officer may be delayed without prejudice if any of the following applies:</DELETED> <DELETED> ``(A) The officer is under investigation or proceedings of a court-martial or a board of officers are pending against the officer.</DELETED> <DELETED> ``(B) A criminal proceeding in a Federal or State court is pending against the officer.</DELETED> <DELETED> ``(C) The Secretary determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 2115(a)(3), with respect to the officer will result in the convening of a special selection review board under section 2120a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained.</DELETED> <DELETED> ``(2)(A) Subject to subparagraph (B), a promotion may be delayed under this subsection until, as applicable--</DELETED> <DELETED> ``(i) the completion of the investigation or proceedings described in subparagraph (A);</DELETED> <DELETED> ``(ii) a final decision in the proceeding described in subparagraph (B) is issued; or</DELETED> <DELETED> ``(iii) the special selection review board convened under section 2120a of this title issues recommendations with respect to the officer.</DELETED> <DELETED> ``(B) Unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted.</DELETED> <DELETED> ``(3) An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.''.</DELETED> <DELETED>SEC. 264. PARTNERSHIP PROGRAM TO DIVERSIFY THE COAST GUARD.</DELETED> <DELETED> (a) Establishment.--The Commandant shall establish a program for the purpose of increasing the number of underrepresented minorities in the enlisted ranks of the Coast Guard.</DELETED> <DELETED> (b) Partnerships.--In carrying out the program established under subsection (a), the Commandant shall--</DELETED> <DELETED> (1) seek to enter into 1 or more partnerships with eligible entities--</DELETED> <DELETED> (A) to increase the visibility of Coast Guard careers;</DELETED> <DELETED> (B) to promote curriculum development-- </DELETED> <DELETED> (i) to enable acceptance into the Coast Guard; and</DELETED> <DELETED> (ii) to improve success on relevant exams, such as the Armed Services Vocational Aptitude Battery; and</DELETED> <DELETED> (C) to provide mentoring for students entering and beginning Coast Guard careers; and</DELETED> <DELETED> (2) enter into a partnership with an existing Junior Reserve Officers' Training Corps for the purpose of promoting Coast Guard careers.</DELETED> <DELETED> (c) Eligible Institution Defined.--In this section, the term ``eligible institution'' means--</DELETED> <DELETED> (1) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001));</DELETED> <DELETED> (2) an institution that provides a level of educational attainment that is less than a bachelor's degree;</DELETED> <DELETED> (3) a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061));</DELETED> <DELETED> (4) a Tribal College or University (as defined in section 316(b) of that Act (20 U.S.C. 1059c(b)));</DELETED> <DELETED> (5) a Hispanic-serving institution (as defined in section 502 of that Act (20 U.S.C. 1101a));</DELETED> <DELETED> (6) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b) of that Act (20 U.S.C. 1059d(b)));</DELETED> <DELETED> (7) a Predominantly Black institution (as defined in section 371(c) of that Act (20 U.S.C. 1071q(c)));</DELETED> <DELETED> (8) an Asian American and Native American Pacific Islander-serving institution (as defined in such section); and</DELETED> <DELETED> (9) a Native American-serving nontribal institution (as defined in such section).</DELETED> <DELETED>SEC. 265. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING CORPS.</DELETED> <DELETED> (a) In General.--Section 320 of title 14, United States Code, is amended--</DELETED> <DELETED> (1) by redesignating subsection (c) as subsection (d);</DELETED> <DELETED> (2) in subsection (b), by striking ``subsection (c)'' and inserting ``subsection (d)''; and</DELETED> <DELETED> (3) by inserting after subsection (b) the following:</DELETED> <DELETED> ``(c) Scope.--Beginning on December 31, 2025, the Secretary of the department in which the Coast Guard is operating shall maintain at all times a Junior Reserve Officers' Training Corps program with not fewer than 1 such program established in each Coast Guard district.''.</DELETED> <DELETED> (b) Cost Assessment.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide to Congress an estimate of the costs associated with implementing the amendments made by this section.</DELETED> <DELETED>SEC. 266. IMPROVING REPRESENTATION OF WOMEN AND RACIAL AND ETHNIC MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, in consultation with the Advisory Board on Women at the Coast Guard Academy established under section 1904 of title 14, United States Code, and the minority outreach team program established by section 1905 of such title, the Commandant shall-- </DELETED> <DELETED> (1) determine which recommendations in the RAND representation report may practicably be implemented to promote improved representation in the Coast Guard of--</DELETED> <DELETED> (A) women; and</DELETED> <DELETED> (B) racial and ethnic minorities; and</DELETED> <DELETED> (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions the Commandant has taken, or plans to take, to implement such recommendations.</DELETED> <DELETED> (b) Curriculum and Training.--In the case of any action the Commandant plans to take to implement recommendations described in subsection (a)(1) that relate to modification or development of curriculum and training, such modified curriculum and trainings shall be provided at officer and accession points and at leadership courses managed by the Coast Guard Leadership Development Center.</DELETED> <DELETED> (c) Definition of RAND Representation Report.--In this section, the term ``RAND representation report'' means the report of the Homeland Security Operational Analysis Center of the RAND Corporation entitled ``Improving the Representation of Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty Members'' issued on August 11, 2021.</DELETED> <DELETED>SEC. 267. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND ACCESSION.</DELETED> <DELETED> (a) In General.--The Commandant shall develop a 10-year strategy to enhance Coast Guard diversity through recruitment and accession--</DELETED> <DELETED> (1) at educational institutions at the high school and higher education levels; and</DELETED> <DELETED> (2) for the officer and enlisted ranks.</DELETED> <DELETED> (b) Report.--</DELETED> <DELETED> (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the strategy developed under subsection (a).</DELETED> <DELETED> (2) Elements.--The report required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) A description of existing Coast Guard recruitment and accession programs at educational institutions at the high school and higher education levels.</DELETED> <DELETED> (B) An explanation of the manner in which the strategy supports the Coast Guard's overall diversity and inclusion action plan.</DELETED> <DELETED> (C) A description of the manner in which existing programs and partnerships will be modified or expanded to enhance diversity in recruiting and accession at the high school and higher education levels.</DELETED> <DELETED>SEC. 268. SUPPORT FOR COAST GUARD ACADEMY.</DELETED> <DELETED> (a) In General.--Subchapter II of chapter 9 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 953. Support for Coast Guard Academy</DELETED> <DELETED> ``(a) Authority.--</DELETED> <DELETED> ``(1) Contracts and cooperative agreements.--(A) The Commandant may enter contract and cooperative agreements with 1 or more qualified organizations for the purpose of supporting the athletic programs of the Coast Guard Academy.</DELETED> <DELETED> ``(B) Notwithstanding section 2304(k) of title 10, the Commandant may enter into such contracts and cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of title 10.</DELETED> <DELETED> ``(C) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Coast Guard Academy.</DELETED> <DELETED> ``(2) Financial controls.--(A) Before entering into a contract or cooperative agreement under paragraph (1), the Commandant shall ensure that the contract or agreement includes appropriate financial controls to account for the resources of the Coast Guard Academy and the qualified organization concerned in accordance with accepted accounting principles.</DELETED> <DELETED> ``(B) Any such contract or cooperative agreement shall contain a provision that allows the Commandant to review, as the Commandant considers necessary, the financial accounts of the qualified organization to determine whether the operations of the qualified organization--</DELETED> <DELETED> ``(i) are consistent with the terms of the contract or cooperative agreement; and</DELETED> <DELETED> ``(ii) would compromise the integrity or appearance of integrity of any program of the Department of Homeland Security.</DELETED> <DELETED> ``(3) Leases.--For the purpose of supporting the athletic programs of the Coast Guard Academy, the Commandant may, consistent with section 504(a)(13), rent or lease real property located at the Coast Guard Academy to a qualified organization, except that proceeds from such a lease shall be retained and expended in accordance with subsection (f).</DELETED> <DELETED> ``(b) Support Services.--</DELETED> <DELETED> ``(1) Authority.--To the extent required by a contract or cooperative agreement under subsection (a), the Commandant may provide support services to a qualified organization while the qualified organization conducts its support activities at the Coast Guard Academy only if the Commandant determines that the provision of such services is essential for the support of the athletic programs of the Coast Guard Academy.</DELETED> <DELETED> ``(2) No liability of the united states.--Support services may only be provided without any liability of the United States to a qualified organization.</DELETED> <DELETED> ``(3) Support services defined.--In this subsection, the term `support services' includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems, in conjunction with the leasing or licensing of property.</DELETED> <DELETED> ``(c) Transfers From Nonappropriated Fund Operation.--(1) Except as provided in paragraph (2), the Commandant may, subject to the acceptance of the qualified organization concerned, transfer to the qualified organization all title to and ownership of the assets and liabilities of the Coast Guard nonappropriated fund instrumentality, the function of which includes providing support for the athletic programs of the Coast Guard Academy, including bank accounts and financial reserves in the accounts of such fund instrumentality, equipment, supplies, and other personal property.</DELETED> <DELETED> ``(2) The Commandant may not transfer under paragraph (1) any interest in real property.</DELETED> <DELETED> ``(d) Acceptance of Support From Qualified Organization.-- </DELETED> <DELETED> ``(1) In general.--Notwithstanding section 1342 of title 31, the Commandant may accept from a qualified organization funds, supplies, and services for the support of the athletic programs of the Coast Guard Academy.</DELETED> <DELETED> ``(2) Employees of qualified organization.--For purposes of this section, employees or personnel of the qualified organization may not be considered to be employees of the United States.</DELETED> <DELETED> ``(3) Funds received from ncaa.--The Commandant may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Coast Guard Academy.</DELETED> <DELETED> ``(4) Limitation.--The Commandant shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (f)--</DELETED> <DELETED> ``(A) do not reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces (as defined in section 101(a) of title 10) to carry out any responsibility or duty in a fair and objective manner; or</DELETED> <DELETED> ``(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program.</DELETED> <DELETED> ``(e) Trademarks and Service Marks.--</DELETED> <DELETED> ``(1) Licensing, marketing, and sponsorship agreements.--An agreement under subsection (a) may, consistent with section 2260 of title 10 (other than subsection (d) of such section), authorize a qualified organization to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Coast Guard Academy, subject to the approval of the Commandant.</DELETED> <DELETED> ``(2) Limitations.--A licensing, marketing, or sponsorship agreement may not be entered into under paragraph (1) if--</DELETED> <DELETED> ``(A) such agreement would reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or</DELETED> <DELETED> ``(B) the Commandant determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Coast Guard or any individual involved in such a program.</DELETED> <DELETED> ``(f) Retention and Use of Funds.--Funds received by the Commandant under this section may be retained for use to support the athletic programs of the Coast Guard Academy and shall remain available until expended.</DELETED> <DELETED> ``(g) Service on Qualified Organization Board of Directors.--A qualified organization is a designated entity for which authorization under sections 1033(a) and 1589(a) of title 10, may be provided.</DELETED> <DELETED> ``(h) Conditions.--The authority provided in this section with respect to a qualified organization is available only so long as the qualified organization continues--</DELETED> <DELETED> ``(1) to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the law of the State of Connecticut, and the constitution and bylaws of the qualified organization; and</DELETED> <DELETED> ``(2) to operate exclusively to support the athletic programs of the Coast Guard Academy.</DELETED> <DELETED> ``(i) Qualified Organization Defined.--In this section, the term `qualified organization' means an organization--</DELETED> <DELETED> ``(1) described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of that section; and</DELETED> <DELETED> ``(2) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting Coast Guard athletics.</DELETED> <DELETED>``Sec. 954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds</DELETED> <DELETED> ``(a) Authority.--In the case of a Coast Guard Academy mixed-funded athletic or recreational extracurricular program, the Commandant may designate funds appropriated to the Coast Guard and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended.</DELETED> <DELETED> ``(b) Covered Programs.--In this section, the term `Coast Guard Academy mixed-funded athletic or recreational extracurricular program' means an athletic or recreational extracurricular program of the Coast Guard Academy to which each of the following applies:</DELETED> <DELETED> ``(1) The program is not considered a morale, welfare, or recreation program.</DELETED> <DELETED> ``(2) The program is supported through appropriated funds.</DELETED> <DELETED> ``(3) The program is supported by a nonappropriated fund instrumentality.</DELETED> <DELETED> ``(4) The program is not a private organization and is not operated by a private organization.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for subchapter II of chapter 9 title 14 United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``953. Support for Coast Guard Academy. <DELETED>``954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds.''. <DELETED>SEC. 269. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.</DELETED> <DELETED> (a) In General.--Section 315 of title 14, United States Code, is amended to read as follows:</DELETED> <DELETED>``Sec. 315. Training for congressional affairs personnel</DELETED> <DELETED> ``(a) In General.--The Commandant shall develop a training course, which shall be administered in person, on the workings of Congress for any member of the Coast Guard selected for a position as a fellow, liaison, counsel, administrative staff for the Coast Guard Office of Congressional and Governmental Affairs, or any Coast Guard district or area governmental affairs officer.</DELETED> <DELETED> ``(b) Course Subject Matter.--</DELETED> <DELETED> ``(1) In general.--The training course required by this section shall provide an overview and introduction to Congress and the Federal legislative process, including-- </DELETED> <DELETED> ``(A) the congressional budget process;</DELETED> <DELETED> ``(B) the congressional appropriations process;</DELETED> <DELETED> ``(C) the congressional authorization process;</DELETED> <DELETED> ``(D) the Senate advice and consent process for Presidential nominees;</DELETED> <DELETED> ``(E) the Senate advice and consent process for treaty ratification;</DELETED> <DELETED> ``(F) the roles of Members of Congress and congressional staff in the legislative process;</DELETED> <DELETED> ``(G) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers;</DELETED> <DELETED> ``(H) the roles of Coast Guard fellows, liaisons, counsels, governmental affairs officers, the Coast Guard Office of Program Review, the Coast Guard Headquarters program offices, and any other entity the Commandant considers relevant; and</DELETED> <DELETED> ``(I) the roles and responsibilities of Coast Guard public affairs and external communications personnel with respect to Members of Congress and their staff necessary to enhance communication between Coast Guard units, sectors, and districts and Member offices and committees of jurisdiction so as to ensure visibility of Coast Guard activities.</DELETED> <DELETED> ``(2) Detail within coast guard office of budget and programs.--</DELETED> <DELETED> ``(A) In general.--At the written request of the receiving congressional office, the training course required by this section shall include a multi- day detail within the Coast Guard Office of Budget and Programs to ensure adequate exposure to Coast Guard policy, oversight, and requests from Congress.</DELETED> <DELETED> ``(B) Nonconsecutive detail permitted.--A detail under this paragraph is not required to be consecutive with the balance of the training.</DELETED> <DELETED> ``(c) Completion of Required Training.--A member of the Coast Guard selected for a position described in subsection (a) shall complete the training required by this section before the date on which such member reports for duty for such position.''.</DELETED> <DELETED>SEC. 270. STRATEGY FOR RETENTION OF CUTTERMEN.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of enactment of this Act, the Commandant shall publish a strategy to improve incentives to attract and retain a diverse workforce serving on Coast Guard cutters.</DELETED> <DELETED> (b) Elements.--The strategy required by subsection (a) shall include the following:</DELETED> <DELETED> (1) Policies to improve flexibility in the afloat career path, including a policy that enables members of the Coast Guard serving on Coast Guard cutters to transition between operations afloat and operations ashore assignments without detriment to their career progression.</DELETED> <DELETED> (2) A review of current officer requirements for afloat positions at each pay grade, and an assessment as to whether such requirements are appropriate or present undue limitations.</DELETED> <DELETED> (3) Strategies to improve crew comfort afloat, such as berthing modifications to accommodate mixed-gender crew and gender-nonconforming crew.</DELETED> <DELETED> (4) Actionable steps to improve access to highspeed internet capable of video conference for the purposes of medical, educational, and personal use by members of the Coast Guard serving on Coast Guard cutters.</DELETED> <DELETED> (5) An assessment of the effectiveness of bonuses to attract members to serve at sea and retain talented members of the Coast Guard serving on Coast Guard cutters to serve as leaders in senior enlisted positions, department head positions, and command positions.</DELETED> <DELETED> (6) Policies to ensure that high-performing members of the Coast Guard serving on Coast Guard cutters are competitive for special assignments, postgraduate education, senior service schools, and other career-enhancing positions.</DELETED> <DELETED>SEC. 271. STUDY ON EXTREMISM IN THE COAST GUARD.</DELETED> <DELETED> (a) Study.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the presence of extremism within the workforce of the Coast Guard.</DELETED> <DELETED> (2) Elements.--The study required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) An assessment of--</DELETED> <DELETED> (i) the extent to which extremist ideologies, including ideologies that encourage, or could lead to, violence, exists within the workforce of the Coast Guard;</DELETED> <DELETED> (ii) the unique challenges the Coast Guard faces in addressing such ideologies within the workforce of the Coast Guard; and</DELETED> <DELETED> (iii) the manner in which such ideologies are introduced into the workforce of the Coast Guard.</DELETED> <DELETED> (B) Recommendations on ways to address and eradicate any such ideologies within the workforce of the Coast Guard.</DELETED> <DELETED> (b) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study, including a description of the recommendations under paragraph (2) of that subsection.</DELETED> <DELETED> (c) Briefing.--Not later than 90 days after the date on which the report is submitted under subsection (b), the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives regarding the recommendations described in the report.</DELETED> <DELETED>SEC. 272. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS COMMAND.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the performance of the Coast Guard Force Readiness Command.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall include an assessment of the following:</DELETED> <DELETED> (1) The actions the Force Readiness Command has taken to develop and implement training for the Coast Guard workforce.</DELETED> <DELETED> (2) The extent to which the Force Readiness Command--</DELETED> <DELETED> (A) has assessed performance, policy, and training compliance across Force Readiness Command headquarters and field units, and the results of any such assessment; and</DELETED> <DELETED> (B) is modifying and expanding Coast Guard training to match the future demands of the Coast Guard with respect to growth in workforce numbers, modernization of assets and infrastructure, and increased global mission demands relating to the Arctic and Western Pacific regions and cyberspace.</DELETED> <DELETED> (c) Report.--Not later than 1 year after the study required by subsection (a) commences, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.</DELETED> <DELETED>SEC. 273. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST GUARD PERSONNEL.</DELETED> <DELETED> (a) In General.--The Commandant shall conduct a study to assess whether current weapons training required for Coast Guard law enforcement and other relevant personnel is sufficient.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall--</DELETED> <DELETED> (1) assess whether there is a need to improve weapons training for Coast Guard law enforcement and other relevant personnel; and</DELETED> <DELETED> (2) identify--</DELETED> <DELETED> (A) the frequency of such training most likely to ensure adequate weapons training, proficiency, and safety among such personnel;</DELETED> <DELETED> (B) Coast Guard law enforcement and other applicable personnel who should be prioritized to receive such improved training; and</DELETED> <DELETED> (C) any challenge posed by a transition to improving such training and offering such training more frequently, and the resources necessary to address such a challenge.</DELETED> <DELETED> (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study conducted under subsection (a).</DELETED> <DELETED>Subtitle G--Miscellaneous Provisions</DELETED> <DELETED>SEC. 281. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS.</DELETED> <DELETED> (a) In General.--Chapter 51 of title 14, United States Code, as amended by section 252(b), is further amended by adding at the end the following:</DELETED> <DELETED>``Sec. 5114. Expenses of performing and executing defense readiness missions and other activities unrelated to Coast Guard missions</DELETED> <DELETED> ``The Commandant shall include in the annual budget submission of the President under section 1105(a) of title 31 a dedicated budget line item that adequately represents a calculation of the annual costs and expenditures of performing and executing all defense readiness mission activities, including--</DELETED> <DELETED> ``(1) all expenses related to the Coast Guard's coordination, training, and execution of defense readiness mission activities in the Coast Guard's capacity as an armed force (as such term is defined in section 101 of title 10) in support of Department of Defense national security operations and activities or for any other military department or Defense Agency (as such terms are defined in such section);</DELETED> <DELETED> ``(2) costs associated with Coast Guard detachments assigned in support of the Coast Guard's defense readiness mission; and</DELETED> <DELETED> ``(3) any other related expenses, costs, or matters the Commandant considers appropriate or otherwise of interest to Congress.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for chapter 51 of title 14, United States Code, as amended by section 252(b), is further amended by adding at the end the following:</DELETED> <DELETED>``5114. Expenses of performing and executing defense readiness missions or other activities unrelated to Coast Guard missions.''. <DELETED>SEC. 282. COAST GUARD ASSISTANCE TO UNITED STATES SECRET SERVICE.</DELETED> <DELETED> Section 6 of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note) is amended--</DELETED> <DELETED> (1) by striking ``Executive departments'' and inserting the following:</DELETED> <DELETED> ``(a) Except as provided in subsection (b), Executive departments'';</DELETED> <DELETED> (2) by striking ``Director; except that the Department of Defense and the Coast Guard shall provide such assistance'' and inserting the following: ``Director.</DELETED> <DELETED> ``(b)(1) Subject to paragraph (2), the Department of Defense and the Coast Guard shall provide assistance described in subsection (a)''; and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(2)(A) For fiscal year 2022, and each fiscal year thereafter, the total cost of assistance described in subsection (a) provided by the Coast Guard on a nonreimbursable basis shall not exceed $15,000,000.</DELETED> <DELETED> ``(B) The Coast Guard may provide assistance described in subsection (a) during a fiscal year in addition to the amount specified in subparagraph (A) on a reimbursable basis.''.</DELETED> <DELETED>SEC. 283. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.</DELETED> <DELETED> (a) Transfer.--Section 914 of the Coast Guard Authorization Act of 2010 (14 U.S.C. 501 note; Public Law 111-281) is-- </DELETED> <DELETED> (1) transferred to subchapter I of chapter 5 of title 14, United States Code;</DELETED> <DELETED> (2) added at the end so as to follow section 508 of such title;</DELETED> <DELETED> (3) redesignated as section 509 of such title; and</DELETED> <DELETED> (4) amended so that the enumerator, the section heading, typeface, and typestyle conform to those appearing in other sections of title 14, United States Code.</DELETED> <DELETED> (b) Clerical Amendments.--</DELETED> <DELETED> (1) Coast guard authorization act of 2010.--The table of contents in section 1(b) of the Coast Guard Authorization Act of 2010 (Public Law 111-281) is amended by striking the item relating to section 914.</DELETED> <DELETED> (2) Title 14.--The analysis for subchapter I of chapter 5 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``509. Conveyance of Coast Guard vessels for public purposes.''. <DELETED> (c) Conveyance of Coast Guard Vessels for Public Purposes.--Section 509 of title 14, United States Code, as transferred and redesignated by subsection (a), is amended--</DELETED> <DELETED> (1) by amending subsection (a) to read as follows:</DELETED> <DELETED> ``(a) In General.--On request by the Commandant, the Administrator of the General Services Administration may transfer ownership of a Coast Guard vessel or aircraft to an eligible entity for educational, cultural, historical, charitable, recreational, or other public purposes if such transfer is authorized by law.''; and</DELETED> <DELETED> (2) in subsection (b)--</DELETED> <DELETED> (A) in paragraph (1)--</DELETED> <DELETED> (i) by inserting ``as if the request were being processed'' after ``vessels''; and</DELETED> <DELETED> (ii) by inserting ``, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2022'' after ``Code of Federal Regulations'';</DELETED> <DELETED> (B) in paragraph (2) by inserting ``, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2022'' after ``such title''; and</DELETED> <DELETED> (C) in paragraph (3), by striking ``of the Coast Guard''.</DELETED> <DELETED>SEC. 284. COAST GUARD INTELLIGENCE ACTIVITIES AND EMERGENCY AND EXTRAORDINARY EXPENSES.</DELETED> <DELETED> (a) In General.--Subject to the limitations of subsection (b) and with sums made available to the Director of the Coast Guard Counterintelligence Service, the Commandant may expend funds for human intelligence and counterintelligence activities of any confidential, emergency, or extraordinary nature that cannot be anticipated or classified. The Commandant shall certify that such expenditure was made for an object of a confidential, emergency, or extraordinary nature and such a certification is final and conclusive upon the accounting officers of the United States. A written certification by the Commandant is sufficient voucher for the expenditure.</DELETED> <DELETED> (b) Limitations.--</DELETED> <DELETED> (1) Maximum annual amount.--For each fiscal year, the Commandant may not obligate or expend funds under subsection (a) in an amount that exceeds 5 percent of the funds made available to the Director of the Coast Guard Counterintelligence Service for such fiscal year until-- </DELETED> <DELETED> (A) the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds in excess of such amount; and</DELETED> <DELETED> (B) 15 days have elapsed since the date of the notification in accordance with subparagraph (A).</DELETED> <DELETED> (2) Requirements for expenditures in excess of $25,000.--The Commandant may not obligate or expend funds under subsection (a) for an expenditure in excess of $25,000 until-- </DELETED> <DELETED> (A) the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds; and</DELETED> <DELETED> (B) 15 days have elapsed since the date of the notification in accordance with subparagraph (A).</DELETED> <DELETED> (c) Waiver.--Notwithstanding subsection (b), the Commandant may waive a requirement under such subsection if the Commandant determines that such a waiver is necessary due to extraordinary circumstances that affect the national security of the United States. If the Commandant issues a waiver under this subsection, the Commandant shall submit to the appropriate committees of Congress, by not later than 48 hours after issuing the waiver, written notice of and justification for the waiver.</DELETED> <DELETED> (d) Reports.--</DELETED> <DELETED> (1) In general.--Not less frequently than semiannually, the Commandant shall--</DELETED> <DELETED> (A) submit to the appropriate committees of Congress a report on all expenditures during the preceding semiannual period under subsection (a); and</DELETED> <DELETED> (B) provide a briefing to the appropriate committees of Congress on the report submitted under subparagraph (A).</DELETED> <DELETED> (2) Contents.--Each report submitted under paragraph (1)(A) shall include, for each individual expenditure covered by such report in an amount in excess of $25,000, the following:</DELETED> <DELETED> (A) A detailed description of the purpose of such expenditure.</DELETED> <DELETED> (B) The amount of such expenditure.</DELETED> <DELETED> (C) An identification of the approving authority for such expenditure.</DELETED> <DELETED> (D) A justification of why other authorities available to the Coast Guard could not be used for such expenditure.</DELETED> <DELETED> (E) Any other additional information as the Commandant considers appropriate.</DELETED> <DELETED> (e) Special Rule.--The authority of this section shall be executed in a manner that does not contravene, and is consistent with, the responsibility and authority of the Director of National Intelligence as described in sections 3023 and 3024 of title 50, United States Code.</DELETED> <DELETED> (f) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means--</DELETED> <DELETED> (1) the Committee on Commerce, Science, and Transportation of the Senate; and</DELETED> <DELETED> (2) the Committee on Transportation and Infrastructure of the House of Representatives.</DELETED> <DELETED>SEC. 285. TRANSFER AND CONVEYANCE.</DELETED> <DELETED> (a) In General.--</DELETED> <DELETED> (1) Requirement.--The Commandant shall, without consideration, transfer in accordance with subsection (b) and convey in accordance with subsection (c) a parcel of the real property described in paragraph (2), including any improvements thereon, to free the Coast Guard of liability for any unforeseen environmental or remediation of substances unknown that may exist on, or emanate from, such parcel.</DELETED> <DELETED> (2) Property.--The property described in this paragraph is real property at Dauphin Island, Alabama, located at 100 Agassiz Street, and consisting of a total of approximately 35.63 acres. The exact acreage and legal description of the parcel of such property to be transferred or conveyed in accordance with subsection (b) or (c), respectively, shall be determined by a survey satisfactory to the Commandant.</DELETED> <DELETED> (b) To the Secretary of Health and Human Services.--The Commandant shall transfer, as described in subsection (a), to the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), for use by the Food and Drug Administration, custody and control of a portion, consisting of approximately 4 acres, of the parcel of real property described in such subsection, to be identified by agreement between the Commandant and the Secretary.</DELETED> <DELETED> (c) To the State of Alabama.--The Commandant shall convey, as described in subsection (a), to the Marine Environmental Sciences Consortium, a unit of the government of the State of Alabama, located at Dauphin Island, Alabama, all rights, title, and interest of the United States in and to such portion of the parcel described in such subsection that is not transferred to the Secretary under subsection (b).</DELETED> <DELETED> (d) Payments and Costs of Transfer and Conveyance.-- </DELETED> <DELETED> (1) Payments.--</DELETED> <DELETED> (A) In general.--The Secretary shall pay costs to be incurred by the Coast Guard, or reimburse the Coast Guard for such costs incurred by the Coast Guard, to carry out the transfer and conveyance required by this section, including survey costs, appraisal costs, costs for environmental documentation related to the transfer and conveyance, and any other necessary administrative costs related to the transfer and conveyance.</DELETED> <DELETED> (B) Funds.--Notwithstanding section 780 of division B of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94), any amounts that are made available to the Secretary under such section and not obligated on the date of enactment of this Act shall be available to the Secretary for the purpose described in subparagraph (A).</DELETED> <DELETED> (2) Treatment of amounts received.--Amounts received by the Commandant as reimbursement under paragraph (1) shall be credited to the Coast Guard Housing Fund established under section 2946 of title 14, United States Code, or the account that was used to pay the costs incurred by the Coast Guard in carrying out the transfer or conveyance under this section, as determined by the Commandant, and shall be made available until expended. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.</DELETED> <DELETED>SEC. 286. TRANSPARENCY AND OVERSIGHT.</DELETED> <DELETED> (a) Notification.--</DELETED> <DELETED> (1) In general.--Subject to subsection (b), the Secretary of the department in which the Coast Guard is operating, or the designee of the Secretary, shall notify the appropriate committees of Congress and the Coast Guard Office of Congressional and Governmental Affairs not later than 3 full business days before--</DELETED> <DELETED> (A) making or awarding a grant allocation or grant in excess of $1,000,000;</DELETED> <DELETED> (B) making or awarding a contract, other transaction agreement, or task or delivery order on a Coast Guard multiple award contract, or issuing a letter of intent totaling more than $4,000,000;</DELETED> <DELETED> (C) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Coast Guard funds;</DELETED> <DELETED> (D) making a sole-source grant award; or</DELETED> <DELETED> (E) announcing publicly the intention to make or award an item described in subparagraph (A), (B), (C), or (D), including a contract covered by the Federal Acquisition Regulation.</DELETED> <DELETED> (2) Element.--A notification under this subsection shall include--</DELETED> <DELETED> (A) the amount of the award;</DELETED> <DELETED> (B) the fiscal year for which the funds for the award were appropriated;</DELETED> <DELETED> (C) the type of contract;</DELETED> <DELETED> (D) an identification of the entity awarded the contract, such as the name and location of the entity; and</DELETED> <DELETED> (E) the account from which the funds are to be drawn.</DELETED> <DELETED> (b) Exception.--If the Secretary of the department in which the Coast Guard is operating determines that compliance with subsection (a) would pose a substantial risk to human life, health, or safety, the Secretary--</DELETED> <DELETED> (1) may make an award or issue a letter described in that subsection without the notification required under that subsection; and</DELETED> <DELETED> (2) shall notify the appropriate committees of Congress not later than 5 full business days after such an award is made or letter issued.</DELETED> <DELETED> (c) Applicability.--Subsection (a) shall not apply to funds that are not available for obligation.</DELETED> <DELETED> (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- </DELETED> <DELETED> (1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and</DELETED> <DELETED> (2) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives.</DELETED> <DELETED>SEC. 287. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND FACILITIES.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Commissioner of U.S. Customs and Border Protection, shall complete a study on the safety inspection program for containers (as defined in section 80501 of title 46, United States Code) and designated waterfront facilities receiving containers.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall include the following:</DELETED> <DELETED> (1) An evaluation and review of such safety inspection program.</DELETED> <DELETED> (2) A determination of--</DELETED> <DELETED> (A) the number of container inspections conducted annually by the Coast Guard during the preceding 10-year period, as compared to the number of containers moved through United States ports annually during such period; and</DELETED> <DELETED> (B) the number of qualified Coast Guard container and facility inspectors, and an assessment as to whether, during the preceding 10-year period, there have been a sufficient number of such inspectors to carry out the mission of the Coast Guard.</DELETED> <DELETED> (3) An evaluation of the training programs available to such inspectors and the adequacy of such training programs during the preceding 10-year period.</DELETED> <DELETED> (4) An assessment as to whether such training programs adequately prepare future leaders for leadership positions in the Coast Guard.</DELETED> <DELETED> (5) An identification of areas of improvement for such program in the interest of commerce and national security, and the costs associated with such improvements.</DELETED> <DELETED> (c) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study required by subsection (a), including the personnel and resource requirements necessary for such program.</DELETED> <DELETED>TITLE III--ENVIRONMENT</DELETED> <DELETED>SEC. 301. DEFINITION OF SECRETARY.</DELETED> <DELETED> Except as otherwise specifically provided, in this title, the term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating.</DELETED> <DELETED>Subtitle A--Marine Mammals</DELETED> <DELETED>SEC. 311. DEFINITIONS.</DELETED> <DELETED> In this subtitle:</DELETED> <DELETED> (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means--</DELETED> <DELETED> (A) the Committee on Commerce, Science, and Transportation of the Senate; and</DELETED> <DELETED> (B) the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives.</DELETED> <DELETED> (2) Core foraging habitats.--The term ``core foraging habitats'' means areas--</DELETED> <DELETED> (A) with biological and physical oceanographic features that aggregate Calanus finmarchicus; and</DELETED> <DELETED> (B) where North Atlantic right whales foraging aggregations have been well documented.</DELETED> <DELETED> (3) Exclusive economic zone.--The term ``exclusive economic zone'' has the meaning given that term in section 107 of title 46, United States Code.</DELETED> <DELETED> (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).</DELETED> <DELETED> (5) Large cetacean.--The term ``large cetacean'' means all endangered or threatened species within--</DELETED> <DELETED> (A) the suborder Mysticeti;</DELETED> <DELETED> (B) the genera Physeter; or</DELETED> <DELETED> (C) the genera Orcinus.</DELETED> <DELETED> (6) Near real-time.--The term ``near real-time'', with respect to monitoring of whales, means that visual, acoustic, or other detections of whales are transmitted and reported as soon as technically feasible after such detections have occurred.</DELETED> <DELETED> (7) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.</DELETED> <DELETED> (8) Puget sound region.--The term ``Puget Sound region'' means the Vessel Traffic Service Puget Sound area described in section 161.55 of title 33, Code of Federal Regulations (as of the date of the enactment of this Act).</DELETED> <DELETED> (9) Tribal government.--The term ``Tribal government'' 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 the enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).</DELETED> <DELETED> (10) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Oceans and Atmosphere.</DELETED> <DELETED>SEC. 312. ASSISTANCE TO PORTS TO REDUCE THE IMPACTS OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE MAMMALS.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from shipping activities and port operations.</DELETED> <DELETED> (b) Eligible Entities.--An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is--</DELETED> <DELETED> (1) a port authority for a port;</DELETED> <DELETED> (2) a State, regional, local, or Tribal government, or an Alaska Native or Native Hawaiian entity that has jurisdiction over a maritime port authority or a port;</DELETED> <DELETED> (3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or</DELETED> <DELETED> (4) a consortium of entities described in paragraphs (1), (2), and (3).</DELETED> <DELETED> (c) Eligible Uses.--Assistance awarded under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by--</DELETED> <DELETED> (1) reducing underwater stressors related to marine traffic;</DELETED> <DELETED> (2) reducing mortality and serious injury from vessel strikes and other physical disturbances;</DELETED> <DELETED> (3) monitoring sound;</DELETED> <DELETED> (4) reducing vessel interactions with marine mammals;</DELETED> <DELETED> (5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or</DELETED> <DELETED> (6) supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section.</DELETED> <DELETED> (d) Priority.--The Under Secretary shall prioritize assistance under subsection (a) for projects that--</DELETED> <DELETED> (1) are based on the best available science with respect to methods to reduce threats to marine mammals;</DELETED> <DELETED> (2) collect data on the reduction of such threats and the effects of such methods;</DELETED> <DELETED> (3) assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);</DELETED> <DELETED> (4) are in close proximity to areas in which threatened or endangered cetaceans are known to experience other stressors; or</DELETED> <DELETED> (5) allow eligible entities to conduct risk assessments and to track progress toward threat reduction.</DELETED> <DELETED> (e) Outreach.--The Under Secretary, in coordination with the Secretary, the Administrator of the Maritime Administration, and the Director of the United States Fish and Wildlife Service, as appropriate, shall conduct coordinated outreach to ports to provide information with respect to--</DELETED> <DELETED> (1) how to apply for assistance under subsection (a);</DELETED> <DELETED> (2) the benefits of such assistance; and</DELETED> <DELETED> (3) facilitation of best practices and lessons, including the best practices and lessons learned from activities carried out using such assistance.</DELETED> <DELETED> (f) Report Required.--Not less frequently than annually, the Under Secretary shall make available to the public on a publicly accessible internet website of the National Oceanic and Atmospheric Administration a report that includes the following information:</DELETED> <DELETED> (1) The name and location of each entity to which assistance was awarded under subsection (a) during the year preceding submission of the report.</DELETED> <DELETED> (2) The amount of each such award.</DELETED> <DELETED> (3) A description of the activities carried out with each such award.</DELETED> <DELETED> (4) An estimate of the likely impact of such activities on the reduction of threats to marine mammals.</DELETED> <DELETED> (g) Authorization of Appropriations.--</DELETED> <DELETED> (1) In general.--There is authorized to be appropriated to the Under Secretary to carry out this section $10,000,000 for each of fiscal years 2023 through 2028.</DELETED> <DELETED> (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) shall remain available until expended.</DELETED> <DELETED> (h) Savings Clause.--An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States.</DELETED> <DELETED>SEC. 313. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE CETACEANS.</DELETED> <DELETED> (a) Establishment.--The Under Secretary for Commerce for Oceans and Atmosphere, in coordination with the heads of other relevant Federal agencies, shall design and deploy a cost-effective, efficient, and results-oriented near real-time monitoring and mitigation program for endangered or threatened cetaceans (referred to in this section as the ``Program'').</DELETED> <DELETED> (b) Purpose.--The purpose of the Program shall be to reduce the risk to large cetaceans posed by vessel collisions, and to minimize other impacts on large cetaceans, through the use of near real-time location monitoring and location information.</DELETED> <DELETED> (c) Requirements.--The Program shall--</DELETED> <DELETED> (1) prioritize species of large cetaceans for which impacts from vessel collisions are of particular concern;</DELETED> <DELETED> (2) prioritize areas where such impacts are of particular concern;</DELETED> <DELETED> (3) be capable of detecting and alerting ocean users and enforcement agencies of the probable location of large cetaceans on an actionable real-time basis, including through real-time data whenever possible;</DELETED> <DELETED> (4) inform sector-specific mitigation protocols to effectively reduce takes (as defined in section 216.3 of title 50, Code of Federal Regulations, or successor regulations) of large cetaceans;</DELETED> <DELETED> (5) integrate technology improvements; and</DELETED> <DELETED> (6) be informed by technologies, monitoring methods, and mitigation protocols developed under the pilot project required by subsection (d).</DELETED> <DELETED> (d) Pilot Project.--</DELETED> <DELETED> (1) Establishment.--In carrying out the Program, the Under Secretary shall first establish a pilot monitoring and mitigation project for North Atlantic right whales (referred to in this section as the ``pilot project'') for the purposes of informing the Program.</DELETED> <DELETED> (2) Requirements.--In designing and deploying the pilot project, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall, using the best available scientific information, identify and ensure coverage of--</DELETED> <DELETED> (A) core foraging habitats; and</DELETED> <DELETED> (B) important feeding, breeding, calving, rearing, or migratory habitats of North Atlantic right whales that co-occur with areas of high risk of mortality or serious injury of such whales from vessels, vessel strikes, or disturbance.</DELETED> <DELETED> (3) Components.--Not later than 3 years after the date of the enactment of this Act, the Under Secretary, in consultation with relevant Federal agencies and Tribal governments, and with input from affected stakeholders, shall design and deploy a near real-time monitoring system for North Atlantic right whales that--</DELETED> <DELETED> (A) comprises the best available detection power, spatial coverage, and survey effort to detect and localize North Atlantic right whales within core foraging habitats;</DELETED> <DELETED> (B) is capable of detecting North Atlantic right whales, including visually and acoustically;</DELETED> <DELETED> (C) uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence in core foraging habitat at any given time;</DELETED> <DELETED> (D) coordinates with the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration and Regional Ocean Partnerships to leverage monitoring assets;</DELETED> <DELETED> (E) integrates historical data;</DELETED> <DELETED> (F) integrates new near real-time monitoring methods and technologies as such methods and technologies become available;</DELETED> <DELETED> (G) accurately verifies and rapidly communicates detection data to appropriate ocean users;</DELETED> <DELETED> (H) creates standards for contributing, and allows ocean users to contribute, data to the monitoring system using comparable near real-time monitoring methods and technologies;</DELETED> <DELETED> (I) communicates the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision-making regarding the mitigation of those risks; and</DELETED> <DELETED> (J) minimizes additional stressors to large cetaceans as a result of the information available to ocean users.</DELETED> <DELETED> (4) Reports.--</DELETED> <DELETED> (A) Preliminary report.--</DELETED> <DELETED> (i) In general.--Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a preliminary report on the pilot project.</DELETED> <DELETED> (ii) Elements.--The report required by clause (i) shall include the following:</DELETED> <DELETED> (I) A description of the monitoring methods and technology in use or planned for deployment under the pilot project.</DELETED> <DELETED> (II) An analysis of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales.</DELETED> <DELETED> (III) An assessment of the manner in which the monitoring system designed and deployed under paragraph (3) is directly informing and improving the management, health, and survival of North Atlantic right whales.</DELETED> <DELETED> (IV) A prioritized identification of technology or research gaps.</DELETED> <DELETED> (V) A plan to communicate the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision making regarding the mitigation of such risks.</DELETED> <DELETED> (VI) Any other information on the potential benefits and efficacy of the pilot project the Under Secretary considers appropriate.</DELETED> <DELETED> (B) Final report.--</DELETED> <DELETED> (i) In general.--Not later than 6 years after the date of the enactment of this Act, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a final report on the pilot project.</DELETED> <DELETED> (ii) Elements.--The report required by clause (i) shall--</DELETED> <DELETED> (I) address the elements under subparagraph (A)(ii); and</DELETED> <DELETED> (II) include--</DELETED> <DELETED> (aa) an assessment of the benefits and efficacy of the pilot project;</DELETED> <DELETED> (bb) a strategic plan to expand the pilot project to provide near real- time monitoring and mitigation measures--</DELETED> <DELETED> (AA) to additional large cetaceans of concern for which such measures would reduce risk of serious injury or death; and</DELETED> <DELETED> (BB) in important feeding, breeding, calving, rearing, or migratory habitats of large cetaceans that co-occur with areas of high risk of mortality or serious injury from vessel strikes or disturbance;</DELETED> <DELETED> (cc) a budget and description of funds necessary to carry out such strategic plan;</DELETED> <DELETED> (dd) a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies; and</DELETED> <DELETED> (ee) the locations or species to which such plan would apply.</DELETED> <DELETED> (e) Mitigation Protocols.--The Under Secretary, in consultation with the Secretary, the Secretary of Defense, the Secretary of Transportation, and the Secretary of the Interior, and with input from affected stakeholders, shall develop and deploy mitigation protocols that make use of the monitoring system designed and deployed under subsection (d)(3) to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious injury and mortality to North Atlantic right whales.</DELETED> <DELETED> (f) Access to Data.--The Under Secretary shall provide access to data generated by the monitoring system designed and deployed under subsection (d)(3) for purposes of scientific research and evaluation and public awareness and education, including through the Right Whale Sighting Advisory System of the National Oceanic and Atmospheric Administration and WhaleMap or other successor public internet website portals, subject to review for national security considerations.</DELETED> <DELETED> (g) Additional Authority.--The Under Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Under Secretary considers appropriate, consistent with the Federal Acquisition Regulation.</DELETED> <DELETED> (h) Savings Clause.--An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States.</DELETED> <DELETED> (i) Authorization of Appropriations.--There is authorized to be appropriated to the Under Secretary to support development, deployment, application, and ongoing maintenance of the Program $5,000,000 for each of fiscal years 2023 through 2027.</DELETED> <DELETED>SEC. 314. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR PUGET SOUND REGION.</DELETED> <DELETED> (a) Establishment.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary, with the concurrence of the Under Secretary, shall establish a pilot program to establish a Cetacean Desk, which shall be-- </DELETED> <DELETED> (A) located and manned within the Puget Sound Vessel Traffic Service; and</DELETED> <DELETED> (B) designed--</DELETED> <DELETED> (i) to improve coordination with the maritime industry to reduce the risk of vessel impacts to large cetaceans, including impacts from vessel strikes, disturbances, and other sources; and</DELETED> <DELETED> (ii) to monitor the presence and location of large cetaceans during the months during which such large cetaceans are present in Puget Sound, the Strait of Juan de Fuca, and the United States portion of the Salish Sea.</DELETED> <DELETED> (2) Duration and staffing.--The pilot program required by paragraph (1)--</DELETED> <DELETED> (A) shall--</DELETED> <DELETED> (i) be for a duration of 4 years; and</DELETED> <DELETED> (ii) require not more than 1 full- time equivalent position, who shall also contribute to other necessary Puget Sound Vessel Traffic Service duties and responsibilities as needed; and</DELETED> <DELETED> (B) may be supported by other existing Federal employees, as appropriate.</DELETED> <DELETED> (b) Engagement With Vessel Operators.--</DELETED> <DELETED> (1) In general.--Under the pilot program required by subsection (a), the Secretary shall require personnel of the Cetacean Desk to engage with vessel operators in areas where large cetaceans have been seen or could reasonably be present to ensure compliance with applicable laws, regulations, and voluntary guidance, to reduce the impact of vessel traffic on large cetaceans.</DELETED> <DELETED> (2) Contents.--In engaging with vessel operators as required by paragraph (1), personnel of the Cetacean Desk shall communicate where and when sightings of large cetaceans have occurred.</DELETED> <DELETED> (c) Memorandum of Understanding.--The Secretary and the Under Secretary may enter into a memorandum of understanding to facilitate real-time sharing of data relating to large cetaceans between the Quiet Sound program of the State of Washington, the National Oceanic and Atmospheric Administration, and the Puget Sound Vessel Traffic Service, and other relevant entities, as appropriate.</DELETED> <DELETED> (d) Data.--The Under Secretary shall leverage existing data collection methods, the pilot project required by section 313, and public data to ensure accurate and timely information on the sighting of large cetaceans.</DELETED> <DELETED> (e) Consultations.--</DELETED> <DELETED> (1) In general.--In carrying out the pilot program required by subsection (a), the Secretary shall consult with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations.</DELETED> <DELETED> (2) Coordination with canada.--When appropriate, the Secretary shall coordinate with the Government of Canada, consistent with policies and agreements relating to management of vessel traffic in Puget Sound.</DELETED> <DELETED> (f) Puget Sound Vessel Traffic Service Local Variance and Policy.--The Secretary, with the concurrence of the Under Secretary and in consultation with the Captain of the Port for the Puget Sound region--</DELETED> <DELETED> (1) shall implement local variances, as authorized by subsection (c) of section 70001 of title 46, United States Code, to reduce the impact of vessel traffic on large cetaceans; and</DELETED> <DELETED> (2) may enter into cooperative agreements, in accordance with subsection (d) of that section, with Federal, State, and local officials to reduce the likelihood of vessel interactions with protected large cetaceans, which may include--</DELETED> <DELETED> (A) communicating marine mammal protection guidance to vessels;</DELETED> <DELETED> (B) training on requirements imposed by local, State, Tribal, and Federal laws and regulations and guidelines concerning--</DELETED> <DELETED> (i) vessel buffer zones;</DELETED> <DELETED> (ii) vessel speed;</DELETED> <DELETED> (iii) seasonal no-go zones for vessels;</DELETED> <DELETED> (iv) protected areas, including areas designated as critical habitat, as applicable to marine operations; and</DELETED> <DELETED> (v) any other activities to reduce the direct and indirect impact of vessel traffic on large cetaceans;</DELETED> <DELETED> (C) training to understand, utilize, and communicate large cetacean location data; and</DELETED> <DELETED> (D) training to understand and communicate basic large cetacean detection, identification, and behavior, including--</DELETED> <DELETED> (i) cues of the presence of large cetaceans such as spouts, water disturbances, breaches, or presence of prey;</DELETED> <DELETED> (ii) important feeding, breeding, calving, and rearing habitats that co-occur with areas of high risk of vessel strikes;</DELETED> <DELETED> (iii) seasonal large cetacean migration routes that co-occur with areas of high risk of vessel strikes; and</DELETED> <DELETED> (iv) areas designated as critical habitat for large cetaceans.</DELETED> <DELETED> (g) Report Required.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter for the duration of the pilot program under this section, the Commandant, in coordination with the Under Secretary and the Administrator of the Maritime Administration, shall submit to the appropriate congressional committees a report that--</DELETED> <DELETED> (1) evaluates the functionality, utility, reliability, responsiveness, and operational status of the Cetacean Desk established under the pilot program required by subsection (a), including a quantification of reductions in vessel strikes to large cetaceans as a result of the pilot program;</DELETED> <DELETED> (2) assesses the efficacy of communication between the Cetacean Desk and the maritime industry and provides recommendations for improvements;</DELETED> <DELETED> (3) evaluates the integration and interoperability of existing data collection methods, as well as public data, into the Cetacean Desk operations;</DELETED> <DELETED> (4) assesses the efficacy of collaboration and stakeholder engagement with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations; and</DELETED> <DELETED> (5) evaluates the progress, performance, and implementation of guidance and training procedures for Puget Sound Vessel Traffic Service personnel, as required by subsection (f).</DELETED> <DELETED>SEC. 315. MONITORING OCEAN SOUNDSCAPES.</DELETED> <DELETED> (a) In General.--The Under Secretary shall maintain and expand an ocean soundscape development program--</DELETED> <DELETED> (1) to award grants to expand the deployment of Federal and non-Federal observing and data management systems capable of collecting measurements of underwater sound for purposes of monitoring and analyzing baselines and trends in the underwater soundscape to protect and manage marine life;</DELETED> <DELETED> (2) to continue to develop and apply standardized forms of measurements to assess sounds produced by marine animals, physical processes, and anthropogenic activities; and</DELETED> <DELETED> (3) after coordinating with the Secretary of Defense, to coordinate and make accessible to the public the datasets, modeling and analysis, and user-driven products and tools resulting from observations of underwater sound funded through grants awarded under paragraph (1).</DELETED> <DELETED> (b) Coordination.--The program described in subsection (a) shall--</DELETED> <DELETED> (1) include the Ocean Noise Reference Station Network of the National Oceanic and Atmospheric Administration and the National Park Service;</DELETED> <DELETED> (2) use and coordinate with the Integrated Ocean Observing System; and</DELETED> <DELETED> (3) coordinate with the Regional Ocean Partnerships and the Director of the United States Fish and Wildlife Service, as appropriate.</DELETED> <DELETED> (c) Priority.--In awarding grants under subsection (a), the Under Secretary shall consider the geographic diversity of the recipients of such grants.</DELETED> <DELETED> (d) Savings Clause.--An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States.</DELETED> <DELETED> (e) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000 for each of fiscal years 2023 through 2028 to carry out this section.</DELETED> <DELETED>Subtitle B--Oil Spills</DELETED> <DELETED>SEC. 321. IMPROVING OIL SPILL PREPAREDNESS.</DELETED> <DELETED> The Under Secretary of Commerce for Oceans and Atmosphere shall include in the Automated Data Inquiry for Oil Spills database (or a successor database) used by National Oceanic and Atmospheric Administration oil weathering models new data, including peer-reviewed data, on properties of crude and refined oils, including data on diluted bitumen, as such data becomes publicly available.</DELETED> <DELETED>SEC. 322. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.</DELETED> <DELETED> (a) Alaska Oil Spill Planning Criteria Program.-- </DELETED> <DELETED> (1) In general.--Chapter 3 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 323. Western Alaska Oil Spill Planning Criteria Program</DELETED> <DELETED> ``(a) Establishment.--There is established within the Coast Guard a Western Alaska Oil Spill Planning Criteria Program (referred to in this section as the `Program') to develop and administer the Western Alaska oil spill planning criteria.</DELETED> <DELETED> ``(b) Program Manager.--</DELETED> <DELETED> ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Commandant shall select a permanent civilian career employee through a competitive search process for a term not less than 5 years to serve as the Western Alaska Oil Spill Criteria Program Manager (referred to in this section as the `Program Manager')-- </DELETED> <DELETED> ``(A) the primary duty of whom shall be to administer the Program; and</DELETED> <DELETED> ``(B) who shall not be subject to frequent or routine reassignment.</DELETED> <DELETED> ``(2) Conflicts of interest.--The individual selected to serve as the Program Manager shall not have conflicts of interest relating to entities regulated by the Coast Guard.</DELETED> <DELETED> ``(3) Duties.--</DELETED> <DELETED> ``(A) Development of guidance.--The Program Manager shall develop guidance for--</DELETED> <DELETED> ``(i) approval, drills, and testing relating to the Western Alaska oil spill planning criteria; and</DELETED> <DELETED> ``(ii) gathering input concerning such planning criteria from Federal agencies, State, local, and Tribal governments, and relevant industry and nongovernmental entities.</DELETED> <DELETED> ``(B) Assessments.--Not less frequently than once every 5 years, the Program Manager shall-- </DELETED> <DELETED> ``(i) assess whether such existing planning criteria adequately meet the needs of vessels operating in the geographic area; and</DELETED> <DELETED> ``(ii) identify methods for advancing response capability so as to achieve, with respect to a vessel, compliance with national planning criteria.</DELETED> <DELETED> ``(C) Onsite verifications.--The Program Manager shall address the relatively small number and limited nature of verifications of response capabilities for vessel response plans by increasing, within the Seventeenth Coast Guard District, the quantity and frequency of onsite verifications of the providers identified in vessel response plans.</DELETED> <DELETED> ``(c) Training.--The Commandant shall enhance the knowledge and proficiency of Coast Guard personnel with respect to the Program by--</DELETED> <DELETED> ``(1) developing formalized training on the Program that, at a minimum--</DELETED> <DELETED> ``(A) provides in-depth analysis of-- </DELETED> <DELETED> ``(i) the national planning criteria described in part 155 of title 33, Code of Federal Regulations (or successor regulations);</DELETED> <DELETED> ``(ii) alternative planning criteria;</DELETED> <DELETED> ``(iii) Western Alaska oil spill planning criteria;</DELETED> <DELETED> ``(iv) Captain of the Port and Federal On-Scene Coordinator authorities related to activation of a vessel response plan;</DELETED> <DELETED> ``(v) the responsibilities of vessel owners and operators in preparing a vessel response plan for submission; and</DELETED> <DELETED> ``(vi) responsibilities of the Area Committee, including risk analysis, response capability, and development of alternative planning criteria;</DELETED> <DELETED> ``(B) explains the approval processes of vessel response plans that involve alternative planning criteria or Western Alaska oil spill planning criteria; and</DELETED> <DELETED> ``(C) provides instruction on the processes involved in carrying out the actions described in paragraphs (9)(D) and (9)(F) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)), including instruction on carrying out such actions--</DELETED> <DELETED> ``(i) in any geographic area in the United States; and</DELETED> <DELETED> ``(ii) specifically in the Seventeenth Coast Guard District; and</DELETED> <DELETED> ``(2) providing such training to all Coast Guard personnel involved in the Program.</DELETED> <DELETED> ``(d) Definitions.--In this section:</DELETED> <DELETED> ``(1) Alternative planning criteria.--The term `alternative planning criteria' means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (or successor regulations), for vessel response plans.</DELETED> <DELETED> ``(2) Tribal.--The term `Tribal' means of or pertaining to an Indian Tribe or a Tribal organization (as those terms are defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)).</DELETED> <DELETED> ``(3) Vessel response plan.--The term `vessel response plan' means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)).</DELETED> <DELETED> ``(4) Western alaska oil spill planning criteria.--The term `Western Alaska oil spill planning criteria' means the criteria required under paragraph (9) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).''.</DELETED> <DELETED> (2) Clerical amendment.--The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``323. Western Alaska Oil Spill Planning Criteria Program.''. <DELETED> (b) Western Alaska Oil Spill Planning Criteria.-- </DELETED> <DELETED> (1) Amendment.--Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the following:</DELETED> <DELETED> ``(9) Alternative planning criteria program.-- </DELETED> <DELETED> ``(A) Definitions.--In this paragraph:</DELETED> <DELETED> ``(i) Alternative planning criteria.--The term `alternative planning criteria' means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (or successor regulations), for vessel response plans.</DELETED> <DELETED> ``(ii) Prince william sound captain of the port zone.--The term `Prince William Sound Captain of the Port Zone' means the area described in section 3.85-15(b) of title 33, Code of Federal Regulations (or successor regulations).</DELETED> <DELETED> ``(iii) Secretary.--The term `Secretary' means the Secretary of the Department in which the Coast Guard is operating.</DELETED> <DELETED> ``(iv) Tribal.--The term `Tribal' means of or pertaining to an Indian Tribe or a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).</DELETED> <DELETED> ``(v) Vessel response plan.--The term `vessel response plan' means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under paragraph (5).</DELETED> <DELETED> ``(vi) Western alaska captain of the port zone.--The term `Western Alaska Captain of the Port Zone' means the area described in section 3.85-15(a) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph).</DELETED> <DELETED> ``(B) Requirement.--Except as provided in subparagraph (I), for any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area, a response plan required under paragraph (5) with respect to a discharge of oil for such a vessel shall comply with the planning criteria established under subparagraph (D)(i).</DELETED> <DELETED> ``(C) Relation to national planning criteria.--The planning criteria established under subparagraph (D)(i) shall, with respect to a discharge of oil from a vessel described in subparagraph (B), apply in lieu of any alternative planning criteria accepted for vessels operating in that area prior to the date on which the planning criteria under subparagraph (D)(i) are established.</DELETED> <DELETED> ``(D) Establishment of planning criteria.--The President, acting through the Commandant in consultation with the Western Alaska Oil Spill Criteria Program Manager established under section 323 of title 14, United States Code, shall establish-- </DELETED> <DELETED> ``(i) Alaska oil spill planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area; and</DELETED> <DELETED> ``(ii) standardized submission, review, approval, and compliance verification processes for the planning criteria established under clause (i), including the quantity and frequency of drills and on-site verifications of vessel response plans accepted pursuant to those planning criteria.</DELETED> <DELETED> ``(E) Inclusions.--</DELETED> <DELETED> ``(i) In general.--The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall include planning criteria for the following:</DELETED> <DELETED> ``(I) Mechanical oil spill response resources that are required to be located within that area.</DELETED> <DELETED> ``(II) Response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil, or substantial threat of such a discharge, occurring within that area.</DELETED> <DELETED> ``(III) Pre-identified vessels for oil spill response that are capable of operating in the ocean environment.</DELETED> <DELETED> ``(IV) Ensuring the availability of at least 1 oil spill removal organization that is classified by the Coast Guard and that--</DELETED> <DELETED> ``(aa) is capable of responding in all operating environments in that area;</DELETED> <DELETED> ``(bb) controls oil spill response resources of dedicated and nondedicated resources within that area, through ownership, contracts, agreements, or other means approved by the President, sufficient--</DELETED> <DELETED> ``(AA) to mobilize and sustain a response to a worst case discharge of oil; and</DELETED> <DELETED> ``(BB) to contain, recover, and temporarily store discharged oil;</DELETED> <DELETED> ``(cc) has pre- positioned oil spill response resources in strategic locations throughout that area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure;</DELETED> <DELETED> ``(dd) has temporary storage capability using both dedicated and non- dedicated assets located within that area;</DELETED> <DELETED> ``(ee) has non- mechanical oil spill response resources, to be available under contracts, agreements, or other means approved by the President, capable of responding to a discharge of persistent oil and a discharge of nonpersistent oil, whether the discharged oil was carried by a vessel as fuel or cargo; and</DELETED> <DELETED> ``(ff) considers availability of wildlife response resources for primary, secondary, and tertiary responses to support carcass collection, sampling, deterrence, rescue, and rehabilitation of birds, sea turtles, marine mammals, fishery resources, and other wildlife.</DELETED> <DELETED> ``(V) With respect to tank barges carrying nonpersistent oil in bulk as cargo, oil spill response resources that are required to be carried on board.</DELETED> <DELETED> ``(VI) Specifying a minimum length of time that approval of a response plan under this paragraph is valid.</DELETED> <DELETED> ``(VII) Managing wildlife protection and rehabilitation, including identified wildlife protection and rehabilitation resources in that area.</DELETED> <DELETED> ``(ii) Additional considerations.--The Commandant may consider criteria regarding--</DELETED> <DELETED> ``(I) vessel routing measures consistent with international routing measure deviation protocols; and</DELETED> <DELETED> ``(II) maintenance of real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies.</DELETED> <DELETED> ``(F) Requirement for approval.--The President may approve a response plan for a vessel under this paragraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the response plan under the planning criteria established under subparagraph (D)(i).</DELETED> <DELETED> ``(G) Periodic audits.--The Secretary shall conduct periodic audits to ensure compliance of vessel response plans and oil spill removal organizations within the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone with the planning criteria under subparagraph (D)(i).</DELETED> <DELETED> ``(H) Review of determination.--Not less frequently than once every 5 years, the Secretary shall review each determination of the Secretary under subparagraph (B) that the national planning criteria are inappropriate for a vessel operating in the area of responsibility of the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone.</DELETED> <DELETED> ``(I) Savings provisions.--Nothing in this paragraph affects--</DELETED> <DELETED> ``(i) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone;</DELETED> <DELETED> ``(ii) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Prince William Sound Captain of the Port Zone under section 5005 of the Oil Pollution Act of 1990 (33 U.S.C. 2735); or</DELETED> <DELETED> ``(iii) the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill.''.</DELETED> <DELETED> (2) Establishment of alaska oil spill planning criteria.--</DELETED> <DELETED> (A) Deadline.--Not later than 2 years after the date of the enactment of this Act, the President shall establish the planning criteria required to be established under paragraph (9)(D)(i) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).</DELETED> <DELETED> (B) Consultation.--In establishing the planning criteria described in subparagraph (B), the President shall consult with the Federal, State, local, and Tribal agencies, and the owners and operators, that would be subject to those planning criteria, oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations located within the State of Alaska.</DELETED> <DELETED> (C) Government-to-government consultation.--The Secretary shall conduct government- to-government consultation with federally recognized Indian Tribes, as requested and appropriate for activities authorized by this section.</DELETED> <DELETED> (D) Congressional report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the status of implementation of paragraph (9) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).</DELETED> <DELETED>SEC. 323. ACCIDENT AND INCIDENT NOTIFICATION RELATING TO PIPELINES.</DELETED> <DELETED> (a) Repeal.--Subsection (c) of section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 60117 note; Public Law 112-90) is repealed.</DELETED> <DELETED> (b) Application.--Section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 60117 note; Public Law 112-90) shall be applied and administered as if the subsection repealed by subsection (a) had never been enacted.</DELETED> <DELETED>SEC. 324. COAST GUARD CLAIMS PROCESSING COSTS.</DELETED> <DELETED> Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)) is amended by striking ``damages;'' and inserting ``damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process those claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing the spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process those claims;''.</DELETED> <DELETED>SEC. 325. CALCULATION OF INTEREST ON DEBT OWED TO THE NATIONAL POLLUTION FUND.</DELETED> <DELETED> Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2705(b)(4)) is amended--</DELETED> <DELETED> (1) by striking ``The interest paid'' and inserting the following:</DELETED> <DELETED> ``(A) In general.--The interest paid for claims, other than Federal Government cost recovery claims,''; and</DELETED> <DELETED> (2) by adding at the end the following:</DELETED> <DELETED> ``(B) Federal cost recovery claims.--The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with section 3717 of title 31, United States Code.''.</DELETED> <DELETED>SEC. 326. PER-INCIDENT LIMITATION.</DELETED> <DELETED> Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code of 1986 is amended--</DELETED> <DELETED> (1) in clause (i), by striking ``$1,000,000,000'' and inserting ``$1,500,000,000'';</DELETED> <DELETED> (2) in clause (ii), by striking ``$500,000,000'' and inserting ``$750,000,000''; and</DELETED> <DELETED> (3) in the heading, by striking ``$1,000,000,000'' and inserting ``$1,500,000,000''.</DELETED> <DELETED>SEC. 327. ACCESS TO THE OIL SPILL LIABILITY TRUST FUND.</DELETED> <DELETED> Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is amended by striking subsection (b) and inserting the following:</DELETED> <DELETED> ``(b) Exceptions.--</DELETED> <DELETED> ``(1) In general.--Subsection (a) shall not apply to--</DELETED> <DELETED> ``(A) section 1006(f), 1012(a)(4), or 5006; or</DELETED> <DELETED> ``(B) an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund--</DELETED> <DELETED> ``(i) to carry out section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)); and</DELETED> <DELETED> ``(ii) to initiate the assessment of natural resources damages required under section 1006.</DELETED> <DELETED> ``(2) Fund advances.--</DELETED> <DELETED> ``(A) In general.--To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in that subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under section 9509(c)(2) of the Internal Revenue Code of 1986.</DELETED> <DELETED> ``(B) Notification to congress.--Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of--</DELETED> <DELETED> ``(i) the amount advanced; and</DELETED> <DELETED> ``(ii) the facts and circumstances that necessitated the advance.</DELETED> <DELETED> ``(C) Repayment.--Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge.</DELETED> <DELETED> ``(3) Availability.--Amounts to which this subsection applies shall remain available until expended.''.</DELETED> <DELETED>SEC. 328. COST-REIMBURSABLE AGREEMENTS.</DELETED> <DELETED> Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended--</DELETED> <DELETED> (1) in subsection (a)(1)(B), by striking ``by a Governor or designated State official'' and inserting ``by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement'';</DELETED> <DELETED> (2) by striking subsections (d) and (e) and inserting the following:</DELETED> <DELETED> ``(d) Cost-Reimbursable Agreement.--</DELETED> <DELETED> ``(1) In general.--In carrying out section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the President may enter into cost-reimbursable agreements with a State, a political subdivision of a State, or an Indian tribe to obligate the Fund for the payment of removal costs consistent with the National Contingency Plan.</DELETED> <DELETED> ``(2) Inapplicability.--Neither section 1535 of title 31, United States Code, nor chapter 63 of that title shall apply to a cost-reimbursable agreement entered into under this subsection.''; and</DELETED> <DELETED> (3) by redesignating subsections (f), (h), (i), (j), (k), and (l) as subsections (e), (f), (g), (h), (i), and (j), respectively.</DELETED> <DELETED>SEC. 329. OIL SPILL RESPONSE REVIEW.</DELETED> <DELETED> (a) In General.--Subject to the availability of appropriations, the Commandant shall develop and carry out a program-- </DELETED> <DELETED> (1) to increase collection and improve the quality of incident data on oil spill location and response capability by periodically evaluating the data, documentation, and analysis of--</DELETED> <DELETED> (A) Coast Guard-approved vessel response plans, including vessel response plan audits and assessments;</DELETED> <DELETED> (B) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(7)) that occur within the Marine Transportation System; and</DELETED> <DELETED> (C) responses to oil spill incidents that require mobilization of contracted response resources;</DELETED> <DELETED> (2) to update, not less frequently than annually, information contained in the Coast Guard Response Resource Inventory and other Coast Guard tools used to document the availability and status of oil spill response equipment, so as to ensure that such information remains current; and</DELETED> <DELETED> (3) subject to section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), to make data collected under paragraph (1) available to the public.</DELETED> <DELETED> (b) Policy.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall issue a policy--</DELETED> <DELETED> (1) to establish processes to maintain the program under subsection (a) and support Coast Guard oil spill prevention and response activities, including by incorporating oil spill incident data from after-action oil spill reports and data ascertained from vessel response plan exercises and audits into--</DELETED> <DELETED> (A) review and approval process standards and metrics;</DELETED> <DELETED> (B) Alternative Planning Criteria (APC) review processes;</DELETED> <DELETED> (C) Area Contingency Plan (ACP) development; and</DELETED> <DELETED> (D) risk assessments developed under section 70001 of title 46, United States Code, including lessons learned from reportable marine casualties;</DELETED> <DELETED> (2) to standardize and develop tools, training, and other relevant guidance that may be shared with vessel owners and operators to assist with accurately calculating and measuring the performance and viability of proposed alternatives to national planning criteria requirements and Area Contingency Plans under the jurisdiction of the Coast Guard;</DELETED> <DELETED> (3) to improve training of Coast Guard personnel to ensure continuity of planning activities under this section, including by identifying ways in which civilian staffing may improve the continuity of operations; and</DELETED> <DELETED> (4) to increase Federal Government engagement with State, local, and Tribal governments and stakeholders so as to strengthen coordination and efficiency of oil spill responses.</DELETED> <DELETED> (c) Periodic Updates.--Not less frequently than every 5 years, the Commandant shall update the processes established under subsection (b)(1) to incorporate relevant analyses of--</DELETED> <DELETED> (1) incident data on oil spill location and response quality;</DELETED> <DELETED> (2) oil spill risk assessments;</DELETED> <DELETED> (3) oil spill response effectiveness and the affects of such response on the environment;</DELETED> <DELETED> (4) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(7));</DELETED> <DELETED> (5) marine casualties reported to the Coast Guard; and</DELETED> <DELETED> (6) near miss incidents documented by a Vessel Traffic Service Center (as such terms are defined in sections 70001(m) of title 46, United States Code).</DELETED> <DELETED> (d) Report.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of ongoing and planned efforts to improve the effectiveness and oversight of the vessel response program.</DELETED> <DELETED> (2) Public availability.--The Commandant shall publish the report required by subparagraph (A) on a publicly accessible internet website of the Coast Guard.</DELETED> <DELETED>SEC. 330. REVIEW AND REPORT ON LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE CONTRACTS.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effects of removing limited indemnity provisions from Coast Guard oil spill response contracts entered into by the President (or a delegate) under section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)).</DELETED> <DELETED> (b) Elements.--The report required by subsection (a) shall include the following:</DELETED> <DELETED> (1) An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill clean-ups under the National Contingency Plan (as defined in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a))) during the period beginning in 1990 and ending in 2014 with respect to those contracts that included limited indemnity provisions for oil spill response organizations.</DELETED> <DELETED> (2) A review of the costs incurred by the Coast Guard, the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986, and the Federal Government to cover the indemnity provisions provided to oil spill response organizations during the period described in paragraph (1).</DELETED> <DELETED> (3) An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill clean-ups under the National Contingency Plan (as so defined) after limited indemnity provisions for oil spill response organizations were removed from those contracts in 2014.</DELETED> <DELETED> (4) An assessment of the impact that the removal of limited indemnity provisions described in paragraph (3) has had on the ability of oil spill response organizations to enter into contracts described in that subsection.</DELETED> <DELETED> (5) An assessment of the ability of the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986, to cover limited indemnity provided to a contractor for liabilities and expenses incidental to the containment or removal of oil arising out of the performance of a contract that is substantially identical to the terms contained in subsections (d)(2) through (h) of section H.4 of the contract offered by the Coast Guard in the solicitation numbered DTCG89-98-A-68F953 and dated November 17, 1998.</DELETED> <DELETED>SEC. 331. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING VESSELS.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall review existing Coast Guard policies with respect to exceptions to the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations (or successor regulations), for--</DELETED> <DELETED> (1) an oil spill response vessel, or a vessel of opportunity, while such vessel is--</DELETED> <DELETED> (A) towing boom for oil spill response; or</DELETED> <DELETED> (B) participating in an oil response exercise; and</DELETED> <DELETED> (2) a fishing vessel while that vessel is operating as a vessel of opportunity.</DELETED> <DELETED> (b) Policy.--Not later than 180 days after the conclusion of the review required by subsection (a), the Secretary shall revise or issue any necessary policy to clarify the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations (or successor regulations) to the vessels described in subsection (a). Such a policy shall ensure safe and effective operation of such vessels.</DELETED> <DELETED> (c) Definitions.--In this section:</DELETED> <DELETED> (1) Fishing vessel; oil spill response vessel.-- The terms ``fishing vessel'' and ``oil spill response vessel'' have the meanings given such terms in section 2101 of title 46, United States Code.</DELETED> <DELETED> (2) Vessel of opportunity.--The term ``vessel of opportunity'' means a vessel engaged in spill response activities that is normally and substantially involved in activities other than spill response and not a vessel carrying oil as a primary cargo.</DELETED> <DELETED>Subtitle C--Environmental Compliance</DELETED> <DELETED>SEC. 341. REVIEW OF ANCHORAGE REGULATIONS.</DELETED> <DELETED> (a) Regulatory Review.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a review of existing anchorage regulations or other rules and identify regulations or rules that may need modification in the interest of marine safety, security, and environmental concerns, taking into account undersea pipelines, cables, or other infrastructure.</DELETED> <DELETED> (b) Briefing.--Upon completion of the review under paragraph (1), but not later than 2 years after the date of enactment of this Act, the Secretary shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the review.</DELETED> <DELETED>SEC. 342. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, TRIBAL, AND RECREATIONAL FISHERIES FROM THE DEVELOPMENT OF RENEWABLE ENERGY ON THE WEST COAST.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Covered waters.--The term ``covered waters'' means Federal or State waters off of the Canadian border and out to the furthest extent of the exclusive economic zone.</DELETED> <DELETED> (2) Exclusive economic zone.--The term ``exclusive economic zone'' has the meaning given that term in section 107 of title 46, United States Code.</DELETED> <DELETED> (b) Study.--Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of the Interior, and the Under Secretary of Commerce for Oceans and Atmosphere, shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall carry out a study to-- </DELETED> <DELETED> (1) identify, document, and analyze--</DELETED> <DELETED> (A) historic and current, as of the date of the study, Tribal, commercial, and recreational fishing grounds, as well as areas where fish stocks are likely to shift in the future in all covered waters;</DELETED> <DELETED> (B) usual and accustomed fishing areas in all covered waters;</DELETED> <DELETED> (C) historic, current, and potential future shipping lanes, based on projected growth in shipping traffic in all covered waters; and</DELETED> <DELETED> (D) key data needed to properly site renewable energy sites on the West Coast;</DELETED> <DELETED> (2) analyze--</DELETED> <DELETED> (A) methods used to manage fishing, shipping, and other maritime activities; and</DELETED> <DELETED> (B) how those activities could be impacted by the placement of renewable energy infrastructure and the associated construction, maintenance, and operation such infrastructure; and</DELETED> <DELETED> (3) provide recommendations on appropriate areas for renewable energy sites and outline a comprehensive approach to include all impacted coastal communities, particularly Tribal governments and fisheries communities, in the decision- making process.</DELETED> <DELETED> (c) Submission.--Not later than 1 year after commencing the study under subsection (b), the Secretary shall--</DELETED> <DELETED> (1) submit the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, including all recommendations provided under subsection (b)(3); and</DELETED> <DELETED> (2) make the study publicly available.</DELETED> <DELETED>Subtitle D--Environmental Issues</DELETED> <DELETED>SEC. 351. MODIFICATIONS TO THE SPORT FISH RESTORATION AND BOATING TRUST FUND ADMINISTRATION.</DELETED> <DELETED> (a) Dingell-Johnson Sport Fish Restoration Act Amendments.--</DELETED> <DELETED> (1) Available amounts.--Section 4(b)(1)(B)(i) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(1)(B)(i)) is amended by striking subclause (I) and inserting the following:</DELETED> <DELETED> ``(I) the product obtained by multiplying--</DELETED> <DELETED> ``(aa) $12,786,434; and</DELETED> <DELETED> ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and''.</DELETED> <DELETED> (2) Authorized expenses.--Section 9(a) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended--</DELETED> <DELETED> (A) in paragraph (7), by striking ``full- time''; and</DELETED> <DELETED> (B) in paragraph (9), by striking ``on a full-time basis''.</DELETED> <DELETED> (b) Pittman-Robertson Wildlife Restoration Act Amendments.--</DELETED> <DELETED> (1) Available amounts.--Section 4(a)(1)(B)(i) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)(B)(i)) is amended by striking subclause (I) and inserting the following:</DELETED> <DELETED> ``(I) the product obtained by multiplying--</DELETED> <DELETED> ``(aa) $12,786,434; and</DELETED> <DELETED> ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and''.</DELETED> <DELETED> (2) Authorized expenses.--Section 9(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is amended--</DELETED> <DELETED> (A) in paragraph (7), by striking ``full- time''; and</DELETED> <DELETED> (B) in paragraph (9), by striking ``on a full-time basis''.</DELETED> <DELETED>SEC. 352. IMPROVEMENTS TO COAST GUARD COMMUNICATION WITH NORTH PACIFIC MARITIME AND FISHING INDUSTRY.</DELETED> <DELETED> (a) Rescue 21 System in Alaska.--</DELETED> <DELETED> (1) Upgrades.--The Commandant shall ensure the timely upgrade of the Rescue 21 system in Alaska so as to achieve, not later than August 30, 2023, 98 percent operational availability of remote fixed facility sites.</DELETED> <DELETED> (2) Plan to reduce outages.--</DELETED> <DELETED> (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall develop an operations and maintenance plan for the Rescue 21 system in Alaska that anticipates maintenance needs so as to reduce Rescue 21 system outages to the maximum extent practicable.</DELETED> <DELETED> (B) Public availability.--The plan required by subparagraph (A) shall be made available to the public on a publicly accessible internet website.</DELETED> <DELETED> (3) Report required.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that--</DELETED> <DELETED> (A) contains a plan for the Coast Guard to notify mariners of radio outages for towers owned and operated by the Seventeenth Coast Guard District;</DELETED> <DELETED> (B) addresses in such plan how the Seventeenth Coast Guard will--</DELETED> <DELETED> (i) disseminate updates regarding outages on social media not less frequently than every 48 hours;</DELETED> <DELETED> (ii) provide updates on a publicly accessible website not less frequently than every 48 hours;</DELETED> <DELETED> (iii) develop methods for notifying mariners in areas in which cellular connectivity does not exist; and</DELETED> <DELETED> (iv) develop and advertise a web- based communications update hub on AM/FM radio for mariners; and</DELETED> <DELETED> (C) identifies technology gaps necessary to implement the plan and provides a budgetary assessment necessary to implement the plan.</DELETED> <DELETED> (4) Contingency plan.--</DELETED> <DELETED> (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall, in collaboration with relevant Federal and State entities (including the North Pacific Fishery Management Council, the National Oceanic and Atmospheric Administration Weather Service, the National Oceanic and Atmospheric Administration Fisheries Service, agencies of the State of Alaska, local radio stations, and stakeholders), establish a contingency plan to ensure that notifications of an outage of the Rescue 21 system in Alaska are broadly disseminated in advance of such outage.</DELETED> <DELETED> (B) Elements.--The plan required by subparagraph (A) shall require Coast Guard--</DELETED> <DELETED> (i) to disseminate updates regarding outages on social media not less frequently than every 48 hours during an outage;</DELETED> <DELETED> (ii) to provide updates on a publicly accessible website not less frequently than every 48 hours during an outage;</DELETED> <DELETED> (iii) to notify mariners in areas in which cellular connectivity does not exist;</DELETED> <DELETED> (iv) to develop and advertise a web-based communications update hub on AM/FM radio for mariners; and</DELETED> <DELETED> (v) to identify technology gaps necessary to implement the plan and provides a budgetary assessment necessary to implement the plan.</DELETED> <DELETED> (b) Improvements to Communication With the Fishing Industry and Related Stakeholders.--</DELETED> <DELETED> (1) In general.--The Commandant, in coordination with the National Commercial Fishing Safety Advisory Committee established by section 15102 of title 46, United States Code, shall develop a publicly accessible internet website that contains all information related to fishing industry activities, including vessel safety, inspections, enforcement, hazards, training, regulations (including proposed regulations), Rescue 21 system outages and similar outages, and any other fishing-related activities.</DELETED> <DELETED> (2) Automatic communications.--The Commandant shall provide methods for regular and automatic email communications with stakeholders who elect, through the internet website developed under paragraph (1), to receive such communications.</DELETED> <DELETED> (c) Advance Notification of Military or Other Exercises.-- In consultation with the Secretary of Defense, the Secretary of State, and commercial fishing industry participants, the Commandant shall develop and publish on a publicly available internet website a plan for notifying United States mariners and the operators of United States fishing vessels in advance of--</DELETED> <DELETED> (1) military exercises in the exclusive economic zone of the United States (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); or</DELETED> <DELETED> (2) other military activities that will impact recreational or commercial activities.</DELETED> <DELETED>SEC. 353. FISHING SAFETY TRAINING GRANTS PROGRAM.</DELETED> <DELETED> Section 4502(i)(4) of title 46, United States Code, is amended by striking ``2018 through 2021'' and inserting ``2023 through 2025''.</DELETED> <DELETED>SEC. 354. LOAD LINES.</DELETED> <DELETED> (a) Definition of Covered Fishing Vessel.--In this section, the term ``covered fishing vessel'' means a vessel that operates exclusively in one, or both, of the Thirteenth and Seventeenth Coast Guard Districts and that--</DELETED> <DELETED> (1) was constructed, under construction, or under contract to be constructed as a fish tender vessel before January 1, 1980;</DELETED> <DELETED> (2) was converted for use as a fish tender vessel before January 1, 2022, and--</DELETED> <DELETED> (A) the vessel has a current stability letter issued in accordance with regulations prescribed under chapter 51 of title 46, United States Code; and</DELETED> <DELETED> (B) the hull and internal structure of the vessel has been verified as suitable for intended service as examined by a marine surveyor of an organization accepted by the Secretary 2 times in the 5 years preceding the date of the determination under this subsection, with no interval of more than 3 years between such examinations; or</DELETED> <DELETED> (3) operates part-time as a fish tender vessel for a period of less than 180 days.</DELETED> <DELETED> (b) Application to Certain Vessels.--During the period beginning on the date of enactment of this Act and ending on the date that is 3 years after the date on which the report required under subsection (c) is submitted, the load line requirements of chapter 51 of title 46, United States Code, shall not apply to covered fishing vessels.</DELETED> <DELETED> (c) GAO Report.--</DELETED> <DELETED> (1) In general.--Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives--</DELETED> <DELETED> (A) a report on the safety and seaworthiness of vessels referenced in section 5102(b)(5) of title 46, United States Code; and</DELETED> <DELETED> (B) recommendations for exempting certain vessels from the load line requirements under chapter 51 of title 46 of such Code.</DELETED> <DELETED> (2) Elements.--The report required under paragraph (1) shall include the following:</DELETED> <DELETED> (A) An assessment of stability requirements of vessels referenced in section 5102(b)(5) of title 46, United States Code.</DELETED> <DELETED> (B) An analysis of vessel casualties, mishaps, or other safety information relevant to load line requirements when a vessel is operating part-time as a fish tender vessel.</DELETED> <DELETED> (C) An assessment of any other safety information as the Comptroller General determines appropriate.</DELETED> <DELETED> (D) A list of all vessels that, as of the date of the report--</DELETED> <DELETED> (i) are covered under section 5102(b)(5) of title 46, United States Code;</DELETED> <DELETED> (ii) are acting as part-time fish tender vessels; and</DELETED> <DELETED> (iii) are subject to any captain of the port zone subject to the oversight of the Commandant.</DELETED> <DELETED> (3) Consultation.--In preparing the report required under paragraph (1), the Comptroller General shall consider consultation with, at a minimum, the maritime industry, including--</DELETED> <DELETED> (A) relevant Federal, State, and tribal maritime associations and groups; and</DELETED> <DELETED> (B) relevant federally funded research institutions, nongovernmental organizations, and academia.</DELETED> <DELETED> (d) Applicability.--Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of covered fishing vessels.</DELETED> <DELETED>Subtitle E--Illegal Fishing and Forced Labor Prevention</DELETED> <DELETED>SEC. 361. DEFINITIONS.</DELETED> <DELETED> In this subtitle:</DELETED> <DELETED> (1) Forced labor.--The term ``forced labor'' means any labor or service provided for or obtained by any means described in section 1589(a) of title 18, United States Code.</DELETED> <DELETED> (2) Human trafficking.--The term ``human trafficking'' has the meaning given the term ``severe forms of trafficking in persons'' in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).</DELETED> <DELETED> (3) Illegal, unreported, or unregulated fishing.-- The term ``illegal, unreported, or unregulated fishing'' has the meaning given such term in the implementing regulations or any subsequent regulations issued pursuant to section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)).</DELETED> <DELETED> (4) Oppressive child labor.--The term ``oppressive child labor'' has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).</DELETED> <DELETED> (5) Seafood.--The term ``seafood'' means all marine animal and plant life meant for consumption as food other than marine mammals and birds, including fish, shellfish, shellfish products, and processed fish.</DELETED> <DELETED> (6) Seafood import monitoring program.--The term ``Seafood Import Monitoring Program'' means the Seafood Traceability Program established in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation).</DELETED> <DELETED> (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.</DELETED> <DELETED>CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING</DELETED> <DELETED>SEC. 362. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM AUTOMATED COMMERCIAL ENVIRONMENT MESSAGE SET.</DELETED> <DELETED> The Secretary, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, not later than 6 months after the date of enactment of this Act, develop a strategy to improve the quality and verifiability of already collected Seafood Import Monitoring Program Message Set data elements in the Automated Commercial Environment system. Such strategy shall prioritize the use of enumerated data types, such as checkboxes, dropdown menus, or radio buttons, and any additional elements the Administrator of the National Oceanic and Atmospheric Administration finds appropriate.</DELETED> <DELETED>SEC. 363. DATA SHARING AND AGGREGATION.</DELETED> <DELETED> (a) Interagency Working Group on Illegal, Unreported, or Unregulated Fishing.--Section 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended--</DELETED> <DELETED> (1) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; and</DELETED> <DELETED> (2) by inserting after paragraph (3) the following:</DELETED> <DELETED> ``(4) maximizing the utility of the import data collected by the members of the Working Group by harmonizing data standards and entry fields;''.</DELETED> <DELETED> (b) Prohibition on Aggregated Catch Data for Certain Species.--Beginning not later than 1 year after the date of enactment of this Act, for the purposes of compliance with respect to Northern red snapper under the Seafood Import Monitoring Program, the Secretary may not allow an aggregated harvest report of such species, regardless of vessel size.</DELETED> <DELETED>SEC. 364. IMPORT AUDITS.</DELETED> <DELETED> (a) Audit Procedures.--The Secretary shall, not later than 1 year after the date of enactment of this Act, implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports with respect to a given year.</DELETED> <DELETED> (b) Expansion of Marine Forensics Laboratory.--The Secretary shall, not later than 1 year after the date of enactment of this Act, begin the process of expanding the National Oceanic and Atmospheric Administration's Marine Forensics Laboratory, including by establishing sufficient capacity for the development and deployment of rapid, and follow-up, analysis of field-based tests focused on identifying Seafood Import Monitoring Program species, and prioritizing such species at high risk of illegal, unreported, or unregulated fishing and seafood fraud.</DELETED> <DELETED> (c) Annual Revision.--In developing the procedures required in subsection (a), the Secretary shall use predictive analytics to inform whether to revise such procedures to prioritize for audit those imports originating from nations--</DELETED> <DELETED> (1) identified pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to section 609(d) or 610(c) of such Act, respectively;</DELETED> <DELETED> (2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other nations or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing;</DELETED> <DELETED> (3) identified as having human trafficking or forced labor in any part of the seafood supply chain, including on vessels flagged in such nation, and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);</DELETED> <DELETED> (4) identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act (22 U.S.C. 7101 et seq.); and</DELETED> <DELETED> (5) identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required under section 3563 of the Maritime SAFE Act (Public Law 116-92).</DELETED> <DELETED>SEC. 365. AVAILABILITY OF FISHERIES INFORMATION.</DELETED> <DELETED> Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended-- </DELETED> <DELETED> (1) in subparagraph (G), by striking ``or'' after the semicolon;</DELETED> <DELETED> (2) in subparagraph (H), by striking the period and inserting ``; or''; and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(I) to Federal agencies, to the extent necessary and appropriate, to administer Federal programs established to combat illegal, unreported, or unregulated fishing (as defined in section 361 of the Coast Guard Authorization Act of 2022) or forced labor (as defined in section 361 of the Coast Guard Authorization Act of 2022).''.</DELETED> <DELETED>SEC. 366. AUTHORITY TO HOLD FISH PRODUCTS.</DELETED> <DELETED> Section 311(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(b)(1)) is amended-- </DELETED> <DELETED> (1) in subparagraph (B), by striking ``and'' after the semicolon;</DELETED> <DELETED> (2) in subparagraph (C), by striking the period and inserting ``; and''; and</DELETED> <DELETED> (3) by adding at the end the following a new subparagraph:</DELETED> <DELETED> ``(D) detain, for a period of not more than 14 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is determined to be perishable, sell and retain the proceeds therefrom for a period of not more than 21 days.''.</DELETED> <DELETED>SEC. 367. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM.</DELETED> <DELETED> (a) Report to Congress and Public Availability of Reports.--The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report that summarizes the National Marine Fisheries Service's efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration.</DELETED> <DELETED> (b) Contents.--Each report submitted under subsection (a) shall include--</DELETED> <DELETED> (1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year;</DELETED> <DELETED> (2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program;</DELETED> <DELETED> (3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations;</DELETED> <DELETED> (4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program;</DELETED> <DELETED> (5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program;</DELETED> <DELETED> (6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent;</DELETED> <DELETED> (7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent;</DELETED> <DELETED> (8) the additional tools, such as high performance computing and associated costs, that the Secretary needs to improve the efficacy of the Seafood Import Monitoring Program; and</DELETED> <DELETED> (9) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program.</DELETED> <DELETED>SEC. 368. AUTHORIZATION OF APPROPRIATIONS.</DELETED> <DELETED> There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection to carry out enforcement actions pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) $20,000,000 for each of fiscal years 2023 through 2027.</DELETED> <DELETED>CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT HUMAN TRAFFICKING</DELETED> <DELETED>SEC. 370. DENIAL OF PORT PRIVILEGES.</DELETED> <DELETED> Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:</DELETED> <DELETED> ``(2) Denial of port privileges.--The Secretary of Homeland Security shall, in accordance with international law-- </DELETED> <DELETED> ``(A) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for any large-scale driftnet fishing vessel of a nation that receives a negative certification under section 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or fishing vessels of a nation that has been listed pursuant to section 609(b) or section 610(a) of such Act (16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more consecutive reports for the same type of fisheries activity, as described under section 607 of such Act (16 U.S.C. 1826h), until a positive certification has been received;</DELETED> <DELETED> ``(B) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for fishing vessels of a nation that has been listed pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) or 1826k(a)) in 2 or more consecutive reports as described under section 607 of such Act (16 U.S.C. 1826h); and</DELETED> <DELETED> ``(C) deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.''.</DELETED> <DELETED>SEC. 371. IDENTIFICATION AND CERTIFICATION CRITERIA.</DELETED> <DELETED> (a) Denial of Port Privileges.--Section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended--</DELETED> <DELETED> (1) by striking paragraph (2) and inserting the following:</DELETED> <DELETED> ``(2) For actions of a nation.--The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following:</DELETED> <DELETED> ``(A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement to which the United States is a party.</DELETED> <DELETED> ``(B) Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing.</DELETED> <DELETED> ``(C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing.</DELETED> <DELETED> ``(D) Any nation that has been identified as producing for export to the United States seafood- related goods through forced labor or oppressive child labor (as those terms are defined in section 361 of the Coast Guard Authorization Act of 2022) in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).''; and</DELETED> <DELETED> (2) by adding at the end the following:</DELETED> <DELETED> ``(4) Timing.--The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification.''.</DELETED> <DELETED> (b) Illegal, Unreported, or Unregulated Certification Determination.--Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j) is amended--</DELETED> <DELETED> (1) in subsection (d), by striking paragraph (3) and inserting the following:</DELETED> <DELETED> ``(3) Effect of certification determination.-- </DELETED> <DELETED> ``(A) Effect of negative certification.-- The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any nation that, after being identified and notified under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection.</DELETED> <DELETED> ``(B) Effect of positive certification.-- The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection.'';</DELETED> <DELETED> (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and</DELETED> <DELETED> (3) by inserting after subsection (d) the following:</DELETED> <DELETED> ``(e) Recordkeeping Requirements.--The Secretary shall ensure that seafood or seafood products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulation).''.</DELETED> <DELETED>SEC. 372. EQUIVALENT CONSERVATION MEASURES.</DELETED> <DELETED> (a) Identification.--Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to read as follows:</DELETED> <DELETED> ``(a) Identification.--</DELETED> <DELETED> ``(1) In general.--The Secretary shall identify and list in the report under section 607--</DELETED> <DELETED> ``(A) a nation if--</DELETED> <DELETED> ``(i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and</DELETED> <DELETED> ``(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of the United States, taking into account differing conditions; and</DELETED> <DELETED> ``(B) a nation if--</DELETED> <DELETED> ``(i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and</DELETED> <DELETED> ``(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the United States.</DELETED> <DELETED> ``(2) Timing.--The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.''.</DELETED> <DELETED> (b) Consultation and Negotiation.--Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is amended to read as follows:</DELETED> <DELETED> ``(b) Consultation and Negotiation.--The Secretary of State, acting in conjunction with the Secretary, shall--</DELETED> <DELETED> ``(1) notify, as soon as practicable, the President and nations that are engaged in, or that have any fishing vessels engaged in, fishing activities or practices described in subsection (a), about the provisions of this Act;</DELETED> <DELETED> ``(2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act;</DELETED> <DELETED> ``(3) seek agreements calling for international restrictions on fishing activities or practices described in subsection (a) through the United Nations, the Committee on Fisheries of the Food and Agriculture Organization of the United Nations, and appropriate international fishery management bodies; and</DELETED> <DELETED> ``(4) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section.''.</DELETED> <DELETED> (c) Conservation Certification Procedure.--Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)) is amended--</DELETED> <DELETED> (1) in paragraph (2), by inserting ``the public and'' after ``comment by'';</DELETED> <DELETED> (2) in paragraph (4)--</DELETED> <DELETED> (A) in subparagraph (A), by striking ``and'' after the semicolon;</DELETED> <DELETED> (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and</DELETED> <DELETED> (C) by adding at the end the following:</DELETED> <DELETED> ``(C) ensure that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation).''; and</DELETED> <DELETED> (3) in paragraph (5), by striking ``(except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing)''.</DELETED> <DELETED> (d) Definition of Protected Living Marine Resource.-- Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(e)) is amended by striking paragraph (1) and inserting the following:</DELETED> <DELETED> ``(1) except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including--</DELETED> <DELETED> ``(A) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);</DELETED> <DELETED> ``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);</DELETED> <DELETED> ``(C) the Shark Finning Prohibition Act (16 U.S.C. 1822 note); and</DELETED> <DELETED> ``(D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); but''.</DELETED> <DELETED>SEC. 373. CAPACITY BUILDING IN FOREIGN FISHERIES.</DELETED> <DELETED> (a) In General.--The Secretary of Commerce, in consultation with the heads of other Federal agencies, as appropriate, shall develop and carry out with partner governments and civil society--</DELETED> <DELETED> (1) multi-year international environmental cooperation agreements and projects; and</DELETED> <DELETED> (2) multi-year capacity-building projects for implementing measures to address illegal, unreported, or unregulated fishing, fraud, forced labor, bycatch, and other conservation measures.</DELETED> <DELETED> (b) Capacity Building.--Section 3543(d) of the Maritime SAFE Act (16 U.S.C. 8013(d)) is amended--</DELETED> <DELETED> (1) in the matter preceding paragraph (1), by striking ``as appropriate,''; and</DELETED> <DELETED> (2) in paragraph (3), by striking ``as appropriate'' and inserting ``for all priority regions identified by the Working Group''.</DELETED> <DELETED> (c) Reports.--Section 3553 of the Maritime SAFE Act (16 U.S.C. 8033) is amended--</DELETED> <DELETED> (1) in paragraph (7), by striking ``and'' after the semicolon;</DELETED> <DELETED> (2) in paragraph (8), by striking the period at the end and inserting ``; and''; and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(9) the status of work with global enforcement partners.''.</DELETED> <DELETED>SEC. 374. TRAINING OF UNITED STATES OBSERVERS.</DELETED> <DELETED> Section 403(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881b(b)) is amended-- </DELETED> <DELETED> (1) in paragraph (3), by striking ``and'' after the semicolon;</DELETED> <DELETED> (2) by redesignating paragraph (4) as paragraph (5); and</DELETED> <DELETED> (3) by inserting after paragraph (3) the following:</DELETED> <DELETED> ``(4) ensure that each observer has received training to identify indicators of forced labor (as defined in section 361 of the Coast Guard Authorization Act of 2022) and human trafficking (as defined in section 361 of the Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and''.</DELETED> <DELETED>SEC. 375. REGULATIONS.</DELETED> <DELETED> Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as may be necessary to carry out this title.</DELETED> <DELETED>TITLE IV--SUPPORT FOR COAST GUARD WORKFORCE</DELETED> <DELETED>Subtitle A--Support for Coast Guard Members and Families</DELETED> <DELETED>SEC. 401. COAST GUARD CHILD CARE IMPROVEMENTS.</DELETED> <DELETED> (a) Family Discount for Child Development Services.-- Section 2922(b)(2) of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED> ``(D) In the case of an active duty member with two or more children attending a Coast Guard child development center, the Commandant may modify the fees to be charged for attendance for the second and any subsequent child of such member by an amount that is 15 percent less than the amount of the fee otherwise chargeable for the attendance of the first such child enrolled at the center, or another fee as the Commandant determines appropriate, consistent with multiple children.''.</DELETED> <DELETED> (b) Child Development Center Standards and Inspections.-- Section 2923(a) of title 14, United States Code, is amended to read as follows:</DELETED> <DELETED> ``(a) Standards.--The Commandant shall require each Coast Guard child development center to meet standards of operation-- </DELETED> <DELETED> ``(1) that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center; and</DELETED> <DELETED> ``(2) necessary for accreditation by an appropriate national early childhood programs accrediting entity.''.</DELETED> <DELETED> (c) Child Care Subsidy Program.--</DELETED> <DELETED> (1) Authorization.--</DELETED> <DELETED> (A) In general.--Subchapter II of chapter 29 of title 14, United States Code, is amended by inserting at the end the following:</DELETED> <DELETED>``Sec. 2927. Child care subsidy program</DELETED> <DELETED> ``(a) Authority.--The Commandant may operate a child care subsidy program to provide financial assistance to eligible providers that provide child care services or youth program services to members of the Coast Guard and any other individual the Commandant considers appropriate, if--</DELETED> <DELETED> ``(1) providing such financial assistance-- </DELETED> <DELETED> ``(A) is in the best interests of the Coast Guard; and</DELETED> <DELETED> ``(B) enables supplementation or expansion of the provision of Coast Guard child care services, while not supplanting or replacing Coast Guard child care services; and</DELETED> <DELETED> ``(2) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards applicable to Coast Guard child care services.</DELETED> <DELETED> ``(b) Eligible Providers.--A provider of child care services or youth program services is eligible for financial assistance under this section if the provider--</DELETED> <DELETED> ``(1) is licensed to provide such services under applicable State and local law;</DELETED> <DELETED> ``(2) is registered in an au pair program of the Department of State;</DELETED> <DELETED> ``(3) is a family home daycare; or</DELETED> <DELETED> ``(4) is a provider of family child care services that--</DELETED> <DELETED> ``(A) otherwise provides federally funded or federally sponsored child development services;</DELETED> <DELETED> ``(B) provides such services in a child development center owned and operated by a private, not-for-profit organization;</DELETED> <DELETED> ``(C) provides a before-school or after- school child care program in a public school facility;</DELETED> <DELETED> ``(D) conducts an otherwise federally funded or federally sponsored school-age child care or youth services program;</DELETED> <DELETED> ``(E) conducts a school-age child care or youth services program operated by a not-for-profit organization;</DELETED> <DELETED> ``(F) provides in-home child care, such as a nanny or an au pair; or</DELETED> <DELETED> ``(G) is a provider of another category of child care services or youth program services the Commandant considers appropriate for meeting the needs of members or civilian employees of the Coast Guard.</DELETED> <DELETED> ``(c) Funding.--To provide financial assistance under this subsection, the Commandant may use any funds appropriated for the Coast Guard for operation and maintenance.''.</DELETED> <DELETED> (B) Clerical amendment.--The analysis for chapter 29 of title 14, United States Code, is amended by inserting after the item relating to section 2926 the following:</DELETED> <DELETED>``2927. Child care subsidy program.''. <DELETED> (2) Expansion of child care subsidy program.-- </DELETED> <DELETED> (A) In general.--The Commandant shall-- </DELETED> <DELETED> (i) evaluate potential eligible uses for the child care subsidy program established under section 2927 of title 14, United States Code (referred to in this paragraph as the ``program''); and</DELETED> <DELETED> (ii) expand the eligible uses of funds for the program to accommodate the child care needs of members of the Coast Guard (including such members with nonstandard work hours and surge or other deployment cycles), including by providing funds directly to such members instead of care providers.</DELETED> <DELETED> (B) Considerations.--In evaluating potential eligible uses under subparagraph (A), the Commandant shall consider au pairs, nanny services, nanny shares, in-home child care services, care services such as supplemental care for children with disabilities, and any other child care delivery method the Commandant considers appropriate.</DELETED> <DELETED> (C) Requirements.--In establishing expanded eligible uses of funds for the program, the Commandant shall ensure that such uses--</DELETED> <DELETED> (i) are in the best interests of the Coast Guard;</DELETED> <DELETED> (ii) provide flexibility for members of the Coast Guard, including such members and employees with nonstandard work hours; and</DELETED> <DELETED> (iii) ensure a safe environment for dependents of such members and employees.</DELETED> <DELETED> (D) Publication.--Not later than 18 months after the date of the enactment of this Act, the Commandant shall publish an updated Commandant Instruction Manual (referred to in this paragraph as the ``manual'') that describes the expanded eligible uses of the program.</DELETED> <DELETED> (E) Report.--</DELETED> <DELETED> (i) In general.--Not later than 18 months after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the expansion of the program.</DELETED> <DELETED> (ii) Elements.--The report required by clause (i) shall include the following:</DELETED> <DELETED> (I) An analysis of the considerations described in subparagraph (B).</DELETED> <DELETED> (II) A description of the analysis used to identify eligible uses that were evaluated and incorporated into the manual under subparagraph (D).</DELETED> <DELETED> (III) A full analysis and justification with respect to the forms of care that were ultimately not included in the manual.</DELETED> <DELETED> (IV) Any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to meet the current and anticipated future child care subsidy demands of the Coast Guard.</DELETED> <DELETED>SEC. 402. ARMED FORCES ACCESS TO COAST GUARD CHILD CARE FACILITIES.</DELETED> <DELETED> Section 2922(a) of title 14, United States Code, is amended to read as follows:</DELETED> <DELETED> ``(a)(1) The Commandant may make child development services available, in such priority as the Commandant considers to be appropriate and consistent with readiness and resources and in the best interests of dependents of members and civilian employees of the Coast Guard, for--</DELETED> <DELETED> ``(A) members and civilian employees of the Coast Guard;</DELETED> <DELETED> ``(B) surviving dependents of members of the Coast Guard who have died on active duty, if such dependents were beneficiaries of a Coast Guard child development service at the time of the death of such members;</DELETED> <DELETED> ``(C) members of the armed forces (as defined in section 101 of title 10, United States Code); and</DELETED> <DELETED> ``(D) Federal civilian employees.</DELETED> <DELETED> ``(2) Child development service benefits provided under the authority of this section shall be in addition to benefits provided under other laws.''.</DELETED> <DELETED>SEC. 403. CADET PREGNANCY POLICY IMPROVEMENTS.</DELETED> <DELETED> (a) Regulations Required.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Defense, shall prescribe regulations that--</DELETED> <DELETED> (1) preserve parental guardianship rights of cadets who become pregnant or father a child while attending the Coast Guard Academy; and</DELETED> <DELETED> (2) maintain military and academic requirements for graduation and commissioning.</DELETED> <DELETED> (b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the development of the regulations required by subsection (a).</DELETED> <DELETED>SEC. 404. PILOT PROGRAM FOR FERTILITY TREATMENTS.</DELETED> <DELETED> (a) Findings.--Congress makes the following findings:</DELETED> <DELETED> (1) Members of the Coast Guard face unique challenges in addressing infertility issues.</DELETED> <DELETED> (2) Frequent deployments, dislocation, transfers, and operational tempo impart unique stresses to members of the Coast Guard and their families. The same stressors often disrupt or make fertility treatments impractical or cost prohibitive.</DELETED> <DELETED> (3) Only 6 military treatment facilities in the United States offer fertility treatments to members of the Armed Forces.</DELETED> <DELETED> (b) Authorization.--</DELETED> <DELETED> (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish a pilot program for all qualified members of the Coast Guard for the purpose of expanding access to fertility treatment centers.</DELETED> <DELETED> (2) Inclusions.--The pilot program required by paragraph (1) may expand access and availability of fertility- related medical care and treatments, as determined by the Commandant.</DELETED> <DELETED> (3) Consideration of methods to expand access.--As part of the pilot program under this section, the Commandant shall consider methods to expand access to fertility treatments for members of the Coast Guard, including by--</DELETED> <DELETED> (A) examining support to improve access to fertility services traditionally considered nonessential and not covered by the TRICARE program (as defined under section 1072(7) of title 10, United States Code), such as medications, reproductive counseling, and other treatments;</DELETED> <DELETED> (B) exploring ways to increase access to military treatment facilities that offer assistive reproductive technology services, consistent with-- </DELETED> <DELETED> (i) the Department of Defense Joint Travel Regulations issued on June 1, 2022; and</DELETED> <DELETED> (ii) the Coast Guard Supplement to the Joint Travel Regulations issued on June 28, 2019;</DELETED> <DELETED> (C) developing a process to allow assignment or reassignment of members of the Coast Guard requesting fertility treatments to a location conducive to receiving treatments;</DELETED> <DELETED> (D) in a case in which use of military treatment facilities is not available or practicable, entering into partnerships with private-sector fertility treatment providers; and</DELETED> <DELETED> (E) providing flexible working hours, duty schedules, and administrative leave to allow for necessary treatments, appointments, and other services associated with receipt of fertility treatments and associated care.</DELETED> <DELETED> (c) Duration.--The duration of the pilot program under subsection (a) shall be not less than 5 years beginning on the date on which the pilot program is established.</DELETED> <DELETED> (d) Discharge on District Basis.--The Commandant-- </DELETED> <DELETED> (1) may carry out the pilot program on a district basis; and</DELETED> <DELETED> (2) shall include remote and urban units in the pilot program.</DELETED> <DELETED>SEC. 405. COMBAT-RELATED SPECIAL COMPENSATION.</DELETED> <DELETED> (a) Report and Briefing.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after the date on which the initial report is submitted under this subsection, the Commandant shall submit a report and provide an in-person briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the implementation of section 221 of the Coast Guard Authorization Act of 2015 (Public Law 114-120; 10 U.S.C. 1413a note).</DELETED> <DELETED> (b) Elements.--Each report and briefing required by subsection (a) shall include the following:</DELETED> <DELETED> (1) A description of methods to educate members and retirees on the combat-related special compensation program.</DELETED> <DELETED> (2) Statistics regarding enrollment in such program for members of the Coast Guard and Coast Guard retirees.</DELETED> <DELETED> (3) A summary of each of the following:</DELETED> <DELETED> (A) Activities carried out relating to the education of members of the Coast Guard participating in the Transition Assistance Program with respect to the combat-related special compensation program.</DELETED> <DELETED> (B) Activities carried out relating to the education of members of the Coast Guard who are engaged in missions in which they are susceptible to injuries that may result in qualification for combat-related special compensation, including flight school, the National Motor Lifeboat School, deployable special forces, and other training programs as the Commandant considers appropriate.</DELETED> <DELETED> (C) Activities carried out relating to training physicians and physician assistants employed by the Coast Guard, or otherwise stationed in Coast Guard clinics, sickbays, or other locations at which medical care is provided to members of the Coast Guard, for the purpose of ensuring, during medical examinations, appropriate counseling and documentation of symptoms, injuries, and the associated incident that resulted in such injuries.</DELETED> <DELETED> (D) Activities relating to the notification of heath service officers with respect to the combat-related special compensation program.</DELETED> <DELETED> (4) The written guidance provided to members of the Coast Guard regarding necessary recordkeeping to ensure eligibility for benefits under such program.</DELETED> <DELETED> (5) Any other matter relating to combat-related special compensation the Commandant considers appropriate.</DELETED> <DELETED> (c) Disability Due to Chemical or Hazardous Material Exposure.--Section 221(a)(2) of the Coast Guard Reauthorization Act of 2015 (Public Law 114-120; 10 U.S.C. 1413a note) is amended, in the matter preceding subparagraph (A)--</DELETED> <DELETED> (1) by striking ``and hazardous'' and inserting ``, hazardous''; and</DELETED> <DELETED> (2) by inserting ``, or a duty in which chemical or other hazardous material exposure has occurred (such as during marine inspections or pollution response activities)'' after ``surfman)''.</DELETED> <DELETED>SEC. 406. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS TO VETERANS OF THE COAST GUARD WITH COMBAT-RELATED INJURIES.</DELETED> <DELETED> (a) Application to Members of the Coast Guard When the Coast Guard Is Not Operating as a Service in the Department of the Navy.--The Combat-Injured Veterans Tax Fairness Act of 2016 (Public Law 114-292; 10 U.S.C. 1212 note) is amended--</DELETED> <DELETED> (1) in section 3--</DELETED> <DELETED> (A) in subsection (a)--</DELETED> <DELETED> (i) in the matter preceding paragraph (1), by inserting ``(and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation), in coordination with the Secretary of the Treasury,'' after ``the Secretary of Defense'';</DELETED> <DELETED> (ii) in paragraph (1)(A)-- </DELETED> <DELETED> (I) in clause (i), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable)'';</DELETED> <DELETED> (II) in clause (ii), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable)''; and</DELETED> <DELETED> (III) in clause (iv), striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable)''; and</DELETED> <DELETED> (iii) in paragraph (2), by amending subparagraph (B) to read as follows:</DELETED> <DELETED> ``(B) instructions for--</DELETED> <DELETED> ``(i) filing amended tax returns to recover the amounts improperly withheld for tax purposes; and</DELETED> <DELETED> ``(ii) requesting standard refund amounts described in subsection (b).'';</DELETED> <DELETED> (B) by redesignating subsection (b) as subsection (c); and</DELETED> <DELETED> (C) by inserting after subsection (a) the following:</DELETED> <DELETED> ``(b) Standard Refund Amounts Described.--The standard refund amounts described in this subsection are--</DELETED> <DELETED> ``(1) $1,750 for tax years 1991 through 2005;</DELETED> <DELETED> ``(2) $2,400 for tax years 2006 through 2010; and</DELETED> <DELETED> ``(3) $3,200 for tax years 2011 through 2016.'';</DELETED> <DELETED> (2) in section 4--</DELETED> <DELETED> (A) in the section heading, by inserting ``and the secretary of the department in which the coast guard is operating'' after ``secretary of defense'';</DELETED> <DELETED> (B) by inserting ``(and the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy), in coordination with the Secretary of the Treasury,'' after ``The Secretary of Defense''; and</DELETED> <DELETED> (C) by striking ``made by the Secretary'' and inserting ``made by the Secretary of Defense (and the Secretary of the Department in which the Coast Guard is operating with respect to the Coast Guard)''; and</DELETED> <DELETED> (3) in section 5--</DELETED> <DELETED> (A) in subsection (a)--</DELETED> <DELETED> (i) by inserting ``(and the Secretary of the Department in which the Coast Guard is operating, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation)'' after ``the Secretary of Defense''; and</DELETED> <DELETED> (ii) by striking ``the Secretary to'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) to''; and</DELETED> <DELETED> (B) in subsection (b)--</DELETED> <DELETED> (i) in paragraph (2), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable)''; and</DELETED> <DELETED> (ii) in paragraph (3), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy)''.</DELETED> <DELETED> (b) Deadlines.--</DELETED> <DELETED> (1) Identification of amounts improperly withheld and reporting.--The Secretary of Homeland Security and the Secretary of Transportation, in coordination with the Secretary of the Treasury, shall carry out the requirements under-- </DELETED> <DELETED> (A) section 3(a) of the Combat-Injured Veterans Tax Fairness Act of 2016 (Public Law 114-292; 10 U.S.C. 1212 note), as amended by subsection (a)(1)(A), not later than 1 year after the date of the enactment of this Act; and</DELETED> <DELETED> (B) section 5 of that Act, as amended by subsection (a)(3), not later than 1 year after the date of the enactment of this Act.</DELETED> <DELETED> (2) Ensuring amounts are not improperly withheld.--The Secretary of Homeland Security shall carry out the requirements under section 4 of the Combat-Injured Veterans Tax Fairness Act of 2016 (Public Law 114-292; 10 U.S.C. 1212 note), as amended by subsection (a)(2), beginning on the date of the enactment of this Act.</DELETED> <DELETED>SEC. 407. MODIFICATION OF BASIC NEEDS ALLOWANCE FOR MEMBERS OF THE COAST GUARD.</DELETED> <DELETED> (a) In General.--Section 402b of title 37, United States Code, is amended--</DELETED> <DELETED> (1) by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and</DELETED> <DELETED> (2) by inserting after subsection (g) the following:</DELETED> <DELETED> ``(h) Special Rule for Members of Coast Guard.--</DELETED> <DELETED> ``(1) In general.--In the case of a member of the Coast Guard, the Secretary concerned shall--</DELETED> <DELETED> ``(A) determine under subsection (f) whether the member is eligible under subsection (b) for the allowance under subsection (a); and</DELETED> <DELETED> ``(B) if the Secretary concerned determines a member is eligible for the allowance, pay the allowance to the member unless the member elects not to receive the allowance.</DELETED> <DELETED> ``(2) Attestation of income.--A member of the Coast Guard is not required to submit an application under subsection (e) to receive the allowance under subsection (a), but not less frequently than biennially, the member shall submit to the Secretary concerned an attestation that the gross household income of the member does not exceed the amount described in subsection (b)(2).</DELETED> <DELETED> ``(3) Electronic process.--The Secretary concerned shall establish an electronic process pursuant to which a member of the Coast Guard may--</DELETED> <DELETED> ``(A) elect under paragraph (1)(B) not to receive the allowance; or</DELETED> <DELETED> ``(B) submit an attestation under paragraph (2).''.</DELETED> <DELETED> (b) Conforming Amendments.--Such section is further amended--</DELETED> <DELETED> (1) in subsection (e)--</DELETED> <DELETED> (A) in paragraphs (1) and (2), by striking ``A member'' both places it appears and inserting ``Except as provided by subsection (h), a member''; and</DELETED> <DELETED> (B) in paragraph (4)(B)--</DELETED> <DELETED> (i) by striking ``that the member'' and inserting the following: ``that-- </DELETED> <DELETED> ``(i) the member'';</DELETED> <DELETED> (ii) by striking the period at the end and inserting ``; or''; and</DELETED> <DELETED> (iii) by adding at the end the following:</DELETED> <DELETED> ``(ii) in the case of a member of the Coast Guard, that the member may receive the allowance as provided by subsection (h).''; and</DELETED> <DELETED> (2) in subsection (g)(2), by striking ``A member'' and inserting ``Except as provided by subsection (h), a member''.</DELETED> <DELETED>SEC. 408. STUDY ON FOOD SECURITY.</DELETED> <DELETED> (a) Study.--</DELETED> <DELETED> (1) In general.--The Commandant shall conduct a study on food insecurity among members of the Coast Guard.</DELETED> <DELETED> (2) Elements.--The study required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) An analysis of the impact of food deserts on members of the Coast Guard, and their dependents, who live in areas with high costs of living, including areas with high-density populations and rural areas.</DELETED> <DELETED> (B) A comparison of--</DELETED> <DELETED> (i) the current method used by the Commandant to determine which areas are considered to be high cost-of-living areas;</DELETED> <DELETED> (ii) local-level indicators used by the Bureau of Labor Statistics to determine cost of living that indicate buying power and consumer spending in specific geographic areas; and</DELETED> <DELETED> (iii) indicators of cost of living used by the Department of Agriculture in market basket analyses, and other measures of local and regional food costs.</DELETED> <DELETED> (C) An assessment of the accuracy of the method and indicators described in subparagraph (B) in quantifying high cost of living in low-data and remote areas.</DELETED> <DELETED> (D) An assessment of the manner in which data accuracy and availability affect the accuracy of cost-of-living allowance calculations and other benefits, as the Commandant considers appropriate.</DELETED> <DELETED> (E) Recommendations--</DELETED> <DELETED> (i) to improve access to high- quality, affordable food within a reasonable distance of Coast Guard units located in areas identified as food deserts;</DELETED> <DELETED> (ii) to reduce transit costs for members of the Coast Guard and their dependents who are required to travel to access high- quality, affordable food; and</DELETED> <DELETED> (iii) for improving the accuracy of such calculations.</DELETED> <DELETED> (F) The estimated costs of implementing each recommendation made under subparagraph (E).</DELETED> <DELETED> (b) Plan.--</DELETED> <DELETED> (1) In general.--The Commandant shall develop a detailed plan to implement the recommendations of the study conducted under subsection (a).</DELETED> <DELETED> (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the plan required by paragraph (1), including the cost of implementation, proposals for legislative change, and any other result of the study the Commandant considers appropriate.</DELETED> <DELETED> (c) Food Desert Defined.--In this section, the term ``food desert'' means an area, as determined by the Commandant, in which it is difficult to obtain affordable, high-quality fresh food in the immediate area in which members of the Coast Guard serve and reside.</DELETED> <DELETED>Subtitle B--Healthcare</DELETED> <DELETED>SEC. 421. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR THE COAST GUARD.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop medical staffing standards for the Coast Guard consistent with the recommendations of the Comptroller General of the United States set forth in the report entitled ``Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care'' published in February 2022.</DELETED> <DELETED> (b) Inclusions.--The standards required by subsection (a) shall address and take into consideration the following:</DELETED> <DELETED> (1) Current and future operations of healthcare personnel in support of Department of Homeland Security missions, including surge deployments for incident response.</DELETED> <DELETED> (2) Staffing standards for specialized providers, such as flight surgeons, dentists, behavioral health specialists, and physical therapists.</DELETED> <DELETED> (3) Staffing levels of medical, dental, and behavioral health providers for the Coast Guard who are-- </DELETED> <DELETED> (A) members of the Coast Guard;</DELETED> <DELETED> (B) assigned to the Coast Guard from the Public Health Service;</DELETED> <DELETED> (C) Federal civilian employees; or</DELETED> <DELETED> (D) contractors hired by the Coast Guard to fill vacancies.</DELETED> <DELETED> (4) Staffing levels at medical facilities for Coast Guard units in remote locations.</DELETED> <DELETED> (5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard.</DELETED> <DELETED> (c) Review.--Not later than 90 days after the staffing standards required by subsection (a) are completed, the Commandant shall submit the standards to the Comptroller General, who shall review the standards and provide recommendations to the Commandant.</DELETED> <DELETED> (d) Report to Congress.--Not later than 180 days after developing such standards, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the standards developed under subsection (a) that includes a plan and a description of the resources and budgetary needs required to implement the standards.</DELETED> <DELETED> (e) Modification, Implementation, and Periodic Updates.-- The Commandant shall--</DELETED> <DELETED> (1) modify such standards as necessary based on the recommendations provided under subsection (c);</DELETED> <DELETED> (2) implement the standards; and</DELETED> <DELETED> (3) review and update the standards not less frequently than every 4 years.</DELETED> <DELETED>SEC. 422. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.</DELETED> <DELETED> (a) In General.--Not later than 270 days after the completion of the studies conducted by the Comptroller General of the United States under sections 8259 and 8260 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4679), the Commandant shall--</DELETED> <DELETED> (1) conduct a comprehensive review of the Coast Guard healthcare system; and</DELETED> <DELETED> (2) develop a strategic plan for improvements to, and modernization of, such system to ensure access to high- quality, timely healthcare for members of the Coast Guard, their dependents, and applicable Coast Guard retirees.</DELETED> <DELETED> (b) Plan.--</DELETED> <DELETED> (1) In general.--The strategic plan developed under subsection (a) shall seek--</DELETED> <DELETED> (A) to maximize the medical readiness of members of the Coast Guard;</DELETED> <DELETED> (B) to optimize delivery of healthcare benefits;</DELETED> <DELETED> (C) to ensure high-quality training of Coast Guard medical personnel; and</DELETED> <DELETED> (D) to prepare for the future needs of the Coast Guard.</DELETED> <DELETED> (2) Elements.--The plan shall address, at a minimum, the following:</DELETED> <DELETED> (A) Improving access to healthcare for members of the Coast Guard, their dependents, and applicable Coast Guard retirees.</DELETED> <DELETED> (B) Quality of care.</DELETED> <DELETED> (C) The experience and satisfaction of members of the Coast Guard and their dependents with the Coast Guard healthcare system.</DELETED> <DELETED> (D) The readiness of members of the Coast Guard and medical personnel.</DELETED> <DELETED> (c) Advisory Committee.--</DELETED> <DELETED> (1) Establishment.--The Commandant shall establish an advisory committee to conduct a comprehensive review of the Coast Guard healthcare system (referred to in this section as the ``Advisory Committee'').</DELETED> <DELETED> (2) Membership.--</DELETED> <DELETED> (A) Composition.--The Advisory Committee shall be composed of members selected by the Commandant, including--</DELETED> <DELETED> (i) 1 or more members of the uniformed services (as defined in section 101 of title 10, United States Code) or Federal employees with expertise in--</DELETED> <DELETED> (I) the medical, dental, pharmacy, behavioral health, or reproductive health fields; or</DELETED> <DELETED> (II) any other field the Commandant considers appropriate;</DELETED> <DELETED> (ii) a representative of the Defense Health Agency; and</DELETED> <DELETED> (iii) a medical representative from each Coast Guard district.</DELETED> <DELETED> (3) Chairperson.--The chairperson of the Advisory Committee shall be the Director of the Health, Safety, and Work Life Directorate of the Coast Guard.</DELETED> <DELETED> (4) Staff.--The Advisory Committee shall be staffed by employees of the Coast Guard.</DELETED> <DELETED> (5) Report to commandant.--Not later than 1 year after the Advisory Committee is established, the Advisory Committee shall submit to the Commandant a report that-- </DELETED> <DELETED> (A) taking into consideration the medical staffing standards developed under section 421, assesses the recommended medical staffing standards set forth in the Comptroller General study required by section 8260 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4679), and compares such standards to the medical staffing standards of the Department of Defense and the private sector;</DELETED> <DELETED> (B) addresses improvements needed to ensure continuity of care for members of the Coast Guard, including by evaluating the feasibility of having a dedicated primary care manager for each such member while the member is stationed at a duty station;</DELETED> <DELETED> (C) evaluates the effects of increased surge deployments of medical personnel on staffing needs at Coast Guard clinics;</DELETED> <DELETED> (D) identifies ways to improve access to care for members of the Coast Guard and their dependents who are stationed in remote areas, including methods to expand access to providers in the available network;</DELETED> <DELETED> (E) identifies ways the Coast Guard may better use Department of Defense Medical Health System resources for members of the Coast Guard, their dependents, and applicable retirees;</DELETED> <DELETED> (F) identifies barriers to participation in the Coast Guard healthcare system and ways the Coast Guard may better use patient feedback to improve quality of care at Coast Guard-owned facilities, military treatment facilities, and specialist referrals;</DELETED> <DELETED> (G) includes recommendations to improve the Coast Guard healthcare system; and</DELETED> <DELETED> (H) any other matter the Commandant or the Advisory Committee considers appropriate.</DELETED> <DELETED> (d) Report to Congress.--Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives--</DELETED> <DELETED> (1) the strategic plan for the Coast Guard medical system required by subsection (a);</DELETED> <DELETED> (2) the report of the Advisory Committee submitted to the Commandant under subsection (c); and</DELETED> <DELETED> (3) a description of the manner in which the Commandant plans to implement the recommendations of the Advisory Committee.</DELETED> <DELETED>SEC. 423. DATA COLLECTION AND ACCESS TO CARE.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop a policy to require the collection of data regarding access by members of the Coast Guard and their dependents to medical, dental, and behavioral healthcare as recommended by the Comptroller General of the United States in the report entitled ``Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care'' published in February 2022.</DELETED> <DELETED> (b) Elements.--The policy required by subsection (a) shall address the following:</DELETED> <DELETED> (1) Methods to collect data on access to care for--</DELETED> <DELETED> (A) routine annual physical health assessments;</DELETED> <DELETED> (B) flight physicals for aviators or prospective aviators;</DELETED> <DELETED> (C) sick call;</DELETED> <DELETED> (D) injuries;</DELETED> <DELETED> (E) dental health; and</DELETED> <DELETED> (F) behavioral health conditions.</DELETED> <DELETED> (2) Collection of data on access to care for referrals.</DELETED> <DELETED> (3) Collection of data on access to care for members of the Coast Guard stationed at remote units, aboard Coast Guard cutters, and on deployments.</DELETED> <DELETED> (4) Use of the electronic health record system to improve data collection on access to care.</DELETED> <DELETED> (5) Use of data for addressing the standards of care, including time between requests for appointments and actual appointments, including appointments made with referral services.</DELETED> <DELETED> (c) Review by Comptroller General.--</DELETED> <DELETED> (1) Submission.--Not later than 15 days after the policy is developed under subsection (a), the Commandant shall submit the policy to the Comptroller General of the United States.</DELETED> <DELETED> (2) Review.--Not later than 180 days after receiving the policy, the Comptroller General shall review the policy and provide recommendations to the Commandant.</DELETED> <DELETED> (3) Modification.--Not later than 60 days after receiving the recommendations of the Comptroller General, the Commandant shall modify the policy as necessary based on such recommendations.</DELETED> <DELETED> (d) Publication and Report to Congress.--Not later than 90 days after the policy is modified under subsection (c)(3), the Commandant shall--</DELETED> <DELETED> (1) publish the policy on a publicly accessible internet website of the Coast Guard; and</DELETED> <DELETED> (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the policy and the manner in which the Commandant plans to address access-to-care deficiencies.</DELETED> <DELETED> (e) Periodic Updates.--Not less frequently than every 5 years, the Commandant shall review and update the policy.</DELETED> <DELETED>SEC. 424. BEHAVIORAL HEALTH POLICY.</DELETED> <DELETED> (a) Sense of Congress.--It is the sense of Congress that-- </DELETED> <DELETED> (1) members of the Coast Guard--</DELETED> <DELETED> (A) are exposed to high-risk and often stressful duties; and</DELETED> <DELETED> (B) should be encouraged to seek appropriate medical treatment and professional guidance; and</DELETED> <DELETED> (2) after treatment for behavioral health conditions, many members of the Coast Guard should be allowed to resume service in the Coast Guard if they--</DELETED> <DELETED> (A) are able to do so without persistent duty modifications; and</DELETED> <DELETED> (B) do not pose a risk to themselves or other members of the Coast Guard.</DELETED> <DELETED> (b) Interim Behavioral Health Policy.--</DELETED> <DELETED> (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish an interim behavioral health policy for members of the Coast Guard that is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, ``Medical Standards for Military Service: Retention''.</DELETED> <DELETED> (2) Termination.--The interim policy established under paragraph (1) shall remain in effect until the date on which the Commandant issues a permanent behavioral health policy for members of the Coast Guard.</DELETED> <DELETED> (c) Permanent Policy.--In developing a permanent policy with respect to retention and behavioral health, the Commandant shall ensure that, to the extent practicable, the policy of the Coast Guard is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, ``Medical Standards for Military Service: Retention''.</DELETED> <DELETED>SEC. 425. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY.</DELETED> <DELETED> (a) In General.--Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 2515. Members asserting post-traumatic stress disorder or traumatic brain injury</DELETED> <DELETED> ``(a) Medical Examination Required.--(1) The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations or has been sexually assaulted during the preceding 2- year period, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.</DELETED> <DELETED> ``(2) A member described in paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary.</DELETED> <DELETED> ``(3)(A) In a case involving post-traumatic stress disorder, the medical examination shall be--</DELETED> <DELETED> ``(i) performed by--</DELETED> <DELETED> ``(I) a board-certified or board-eligible psychiatrist; or</DELETED> <DELETED> ``(II) a licensed doctorate-level psychologist; or</DELETED> <DELETED> ``(ii) performed under the close supervision of-- </DELETED> <DELETED> ``(I) a board-certified or board-eligible psychiatrist; or</DELETED> <DELETED> ``(II) a licensed doctorate-level psychologist, a doctorate-level mental health provider, a psychiatry resident, or a clinical or counseling psychologist who has completed a 1-year internship or residency.</DELETED> <DELETED> ``(B) In a case involving traumatic brain injury, the medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist.</DELETED> <DELETED> ``(b) Purpose of Medical Examination.--The medical examination required by subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable.</DELETED> <DELETED> ``(c) Inapplicability to Proceedings Under Uniform Code of Military Justice.--The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.</DELETED> <DELETED> ``(d) Coast Guard Operations Defined.--In this section, the term `Coast Guard operations' has the meaning given that term in section 888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)).''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``2515. Members asserting post-traumatic stress disorder or traumatic brain injury.''. <DELETED>SEC. 426. IMPROVEMENTS TO THE PHYSICAL DISABILITY EVALUATION SYSTEM AND TRANSITION PROGRAM.</DELETED> <DELETED> (a) Temporary Policy.--Not later than 60 days after the date of the enactment of this Act, the Commandant shall develop a temporary policy that--</DELETED> <DELETED> (1) improves timeliness, communication, and outcomes for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process;</DELETED> <DELETED> (2) affords maximum career transition benefits to members of the Coast Guard determined by a Medical Evaluation Board to be unfit for retention in the Coast Guard; and</DELETED> <DELETED> (3) maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process.</DELETED> <DELETED> (b) Elements.--The policy required by subsection (a) shall include the following:</DELETED> <DELETED> (1) A requirement that any member of the Coast Guard who is undergoing the Physical Disability Evaluation System, or a related formal or informal process, shall be placed in a duty status that allows the member the opportunity to attend necessary medical appointments and other activities relating to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs and career transition planning.</DELETED> <DELETED> (2) In the case of a Medical Evaluation Board report that is not completed within 120 days after the date on which an evaluation by the Medical Evaluation Board was initiated, the option for such a member to enter permissive duty status.</DELETED> <DELETED> (3) A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date on which any verbal or written affirmation is made to the member, command, or medical staff that the evaluation by the Medical Evaluation Board has been initiated.</DELETED> <DELETED> (4) An option for such member to seek an internship under the SkillBridge program established under section 1143(e) of title 10, United States Code, and outside employment aimed at improving the transition of the member to civilian life, only if such an internship or employment does not interfere with necessary medical appointments required for the member's physical disability evaluation.</DELETED> <DELETED> (5) A requirement that not less than 21 days notice shall be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the appointment timeline is in the best interests of the immediate health of the member.</DELETED> <DELETED> (6) A requirement that the Coast Guard shall provide such a member with a written separation date upon the completion of a Medical Evaluation Board report that finds the member unfit to continue active duty.</DELETED> <DELETED> (7) To provide certainty to such a member with respect to a separation date, a policy that ensures--</DELETED> <DELETED> (A) that accountability measures are in place with respect to Coast Guard delays throughout the Physical Disability Evaluation System, including-- </DELETED> <DELETED> (i) placement of the member in an excess leave status after 270 days have elapsed since the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority; and</DELETED> <DELETED> (ii) a calculation of the costs to retain the member on active duty, including the pay, allowances, and other associated benefits of the member, for the period beginning on the date that is 90 days after date of initiation of an evaluation by a Medical Evaluation Board by any competent authority and ending on the date on which the member is separated from the Coast Guard; and</DELETED> <DELETED> (B) the availability of administrative solutions to any such delay.</DELETED> <DELETED> (8) With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the member's current billet, to the maximum extent practicable, or to be transferred to a different active-duty billet, so as to minimize any negative impact on the member's career trajectory.</DELETED> <DELETED> (9) A requirement that each respective command shall report to the Coast Guard Personnel Service Center any delay of more than 21 days between each stage of the Physical Disability Evaluation System for any such member, including between stages of the processes, the Medical Evaluation Board, the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board.</DELETED> <DELETED> (10) A requirement that, not later than 7 days after receipt of a report of a delay described in paragraph (9), the Personnel Service Center shall take corrective action, which shall ensure that the Coast Guard exercises maximum discretion to continue the Physical Disability Evaluation System of such a member in a timely manner, unless such delay is caused by the member.</DELETED> <DELETED> (11) A requirement that--</DELETED> <DELETED> (A) a member of the Coast Guard shall be allowed to make a request for a reasonable delay in the Physical Disability Evaluation System to obtain additional input and consultation from a medical or legal professional; and</DELETED> <DELETED> (B) any such request for delay shall be approved by the Commandant based on a showing of good cause by the member.</DELETED> <DELETED> (c) Report on Temporary Policy.--Not later than 60 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the policy developed under subsection (a).</DELETED> <DELETED> (d) Permanent Policy.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall publish a Commandant Instruction making the policy developed under subsection (a) a permanent policy of the Coast Guard.</DELETED> <DELETED> (e) Briefing.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on, and a copy of, the permanent policy.</DELETED> <DELETED> (f) Annual Report on Costs.--</DELETED> <DELETED> (1) In general.--Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, for the preceding fiscal year-- </DELETED> <DELETED> (A) details the total aggregate service- wide costs described in subsection (b)(7)(A)(ii) for members of the Coast Guard whose Physical Disability Evaluation System process has exceeded 90 days; and</DELETED> <DELETED> (B) includes for each such member-- </DELETED> <DELETED> (i) an accounting of such costs; and</DELETED> <DELETED> (ii) the number of days that elapsed between the initiation and completion of the Physical Disability Evaluation System process.</DELETED> <DELETED> (2) Personally identifiable information.--A report under paragraph (1) shall not include the personally identifiable information of any member of the Coast Guard.</DELETED> <DELETED>SEC. 427. EXPANSION OF ACCESS TO COUNSELING.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall hire, train, and deploy not fewer than an additional 5 behavioral health specialists.</DELETED> <DELETED> (b) Requirement.--Through the hiring process required by subsection (a), the Commandant shall ensure that at least 35 percent of behavioral health specialists employed by the Coast Guard have experience in behavioral healthcare for the purpose of supporting members of the Coast Guard with fertility, infertility, pregnancy, miscarriage, child loss, postpartum depression, and related counseling needs.</DELETED> <DELETED> (c) Accessibility.--The support provided by the behavioral health specialists described in subsection (a)--</DELETED> <DELETED> (1) may include care delivered via telemedicine; and</DELETED> <DELETED> (2) shall be made widely available to members of the Coast Guard.</DELETED> <DELETED> (d) Authorization of Appropriations.--Of the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, as amended by section 101 of this Act, $2,000,000 shall be made available to the Commandant for each of fiscal years 2023 and 2024 to carry out this section.</DELETED> <DELETED>SEC. 428. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR MEMBERS OF THE COAST GUARD IN MEDICAL AND RELATED FIELDS.</DELETED> <DELETED> (a) In General.--The Commandant shall expand opportunities for members of the Coast Guard to secure postgraduate degrees in medical and related professional disciplines for the purpose of supporting Coast Guard clinics and operations.</DELETED> <DELETED> (b) Military Training Student Loads.--Section 4904(b)(3) of title 14, United States Code, is amended by striking ``350'' and inserting ``385''.</DELETED> <DELETED>SEC. 429. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the Coast Guard telemedicine program.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall include the following:</DELETED> <DELETED> (1) An assessment of--</DELETED> <DELETED> (A) the current capabilities and limitations of the Coast Guard telemedicine program;</DELETED> <DELETED> (B) the degree of integration of such program with existing electronic health records;</DELETED> <DELETED> (C) the capability and accessibility of such program, as compared to the capability and accessibility of the telemedicine programs of the Department of Defense and commercial medical providers;</DELETED> <DELETED> (D) the manner in which the Coast Guard telemedicine program may be expanded to provide better clinical and behavioral medical services to members of the Coast Guard, including such members stationed at remote units or onboard Coast Guard cutters at sea; and</DELETED> <DELETED> (E) the costs savings associated with the provision of--</DELETED> <DELETED> (i) care through telemedicine; and</DELETED> <DELETED> (ii) preventative care.</DELETED> <DELETED> (2) An identification of barriers to full use or expansion of such program.</DELETED> <DELETED> (3) A description of the resources necessary to expand such program to its full capability.</DELETED> <DELETED> (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.</DELETED> <DELETED>SEC. 430. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.</DELETED> <DELETED> (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on Coast Guard medical facilities needs.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall include the following:</DELETED> <DELETED> (1) A current list of Coast Guard medical facilities, including clinics, sickbays, and shipboard facilities.</DELETED> <DELETED> (2) A summary of capital needs for Coast Guard medical facilities, including construction and repair.</DELETED> <DELETED> (3) A summary of equipment upgrade backlogs of Coast Guard medical facilities.</DELETED> <DELETED> (4) An assessment of improvements to Coast Guard medical facilities, including improvements to IT infrastructure, required to enable the Coast Guard to fully use telemedicine and implement other modernization initiatives.</DELETED> <DELETED> (5) An evaluation of the process used by the Coast Guard to identify, monitor, and construct Coast Guard medical facilities.</DELETED> <DELETED> (6) A description of the resources necessary to fully address all Coast Guard medical facilities needs.</DELETED> <DELETED> (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.</DELETED> <DELETED>Subtitle C--Housing</DELETED> <DELETED>SEC. 441. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE UNITS.</DELETED> <DELETED> (a) In General.--Not more than 180 days after the date of the enactment of this Act, the Commandant shall develop a strategy to improve the quality of life for members of the Coast Guard and their dependents who are stationed in remote units.</DELETED> <DELETED> (b) Elements.--The strategy required by subsection (a) shall address the following:</DELETED> <DELETED> (1) Methods to improve the availability or affordability of housing options for members of the Coast Guard and their dependents through--</DELETED> <DELETED> (A) Coast Guard-owned housing;</DELETED> <DELETED> (B) Coast Guard-facilitated housing; or</DELETED> <DELETED> (C) basic allowance for housing adjustments to rates that are more competitive for members of the Coast Guard seeking privately owned or privately rented housing.</DELETED> <DELETED> (2) Methods to improve access by members of the Coast Guard and their dependents to--</DELETED> <DELETED> (A) medical, dental, and pediatric care;</DELETED> <DELETED> (B) healthcare specific to women; and</DELETED> <DELETED> (C) behavioral healthcare.</DELETED> <DELETED> (3) Methods to increase access to child care services, including recommendations for increasing child care capacity and opportunities for care within the Coast Guard and in the private sector.</DELETED> <DELETED> (4) Methods to improve non-Coast Guard network internet access at remote units--</DELETED> <DELETED> (A) to improve communications between families and members of the Coast Guard on active duty; and</DELETED> <DELETED> (B) for other purposes such as education and training.</DELETED> <DELETED> (5) Methods to support spouses and dependents who face challenges specific to remote locations.</DELETED> <DELETED> (6) Any other matter the Commandant considers appropriate.</DELETED> <DELETED> (c) Briefing.--Not later than 180 days after the strategy required by subsection (a) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the strategy.</DELETED> <DELETED> (d) Remote Unit Defined.--In this section, the term ``remote unit'' means a unit located in an area in which members of the Coast Guard and their dependents are eligible for TRICARE Prime Remote.</DELETED> <DELETED>SEC. 442. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND CHALLENGES.</DELETED> <DELETED> (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on housing access, cost, and associated challenges facing members of the Coast Guard.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall include the following:</DELETED> <DELETED> (1) An assessment of--</DELETED> <DELETED> (A) the extent to which--</DELETED> <DELETED> (i) the Commandant has evaluated the sufficiency, availability, and affordability of housing options for members of the Coast Guard and their dependents; and</DELETED> <DELETED> (ii) the Coast Guard owns and leases housing for members of the Coast Guard and their dependents;</DELETED> <DELETED> (B) the methods used by the Commandant to manage housing data, and the manner in which the Commandant uses such data--</DELETED> <DELETED> (i) to inform Coast Guard housing policy; and</DELETED> <DELETED> (ii) to guide investments in Coast Guard-owned housing capacity and other investments in housing, such as long-term leases and other options; and</DELETED> <DELETED> (C) the process used by the Commandant to gather and provide information used to calculate housing allowances for members of the Coast Guard and their dependents, including whether the Commandant has established best practices to manage low-data areas.</DELETED> <DELETED> (2) An assessment as to whether it is advantageous for the Coast Guard to continue to use the Department of Defense basic allowance for housing system.</DELETED> <DELETED> (3) Recommendations for actions the Commandant should take to improve the availability and affordability of housing for members of the Coast Guard and their dependents who are stationed in--</DELETED> <DELETED> (A) remote units located in areas in which members of the Coast Guard and their dependents are eligible for TRICARE Prime Remote; or</DELETED> <DELETED> (B) units located in areas with a high number of vacation rental properties.</DELETED> <DELETED> (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study.</DELETED> <DELETED> (d) Strategy.--Not later than 180 days after the submission of the report required by subsection (c), the Commandant shall publish a Coast Guard housing strategy that addresses the findings set forth in the report, which shall, at a minimum--</DELETED> <DELETED> (1) address housing inventory shortages and affordability; and</DELETED> <DELETED> (2) include a Coast Guard-owned housing infrastructure investment prioritization plan.</DELETED> <DELETED>Subtitle D--Other Matters</DELETED> <DELETED>SEC. 451. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR COAST GUARD PERSONNEL.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the availability of appropriate emergency supplies at Coast Guard units.</DELETED> <DELETED> (b) Elements.--The report required by subsection (a) shall include the following:</DELETED> <DELETED> (1) An assessment of the extent to which-- </DELETED> <DELETED> (A) the Commandant ensures that Coast Guard units assess risks and plan accordingly to obtain and maintain appropriate emergency supplies; and</DELETED> <DELETED> (B) Coast Guard units have emergency food and water supplies available according to local emergency preparedness needs.</DELETED> <DELETED> (2) A description of any challenge the Commandant faces in planning for and maintaining adequate emergency supplies for Coast Guard personnel.</DELETED> <DELETED> (c) Publication.--Not later than 90 days after the date of submission of the report required by subsection (a), the Commandant shall publish a strategy and recommendations in response to the report that includes--</DELETED> <DELETED> (1) a plan for improving emergency preparedness and emergency supplies for Coast Guard units; and</DELETED> <DELETED> (2) a process for periodic review and engagement with Coast Guard units to ensure emerging emergency response supply needs are achieved and maintained.</DELETED> <DELETED>TITLE V--MARITIME</DELETED> <DELETED>Subtitle A--Vessel Safety</DELETED> <DELETED>SEC. 501. ABANDONED SEAFARER FUND AMENDMENTS.</DELETED> <DELETED> Section 11113 of title 46, United States Code, is amended--</DELETED> <DELETED> (1) in the matter preceding subparagraph (A) of subsection (a)(2), by striking ``may be appropriated'' and inserting ``shall be available without further appropriations, and shall remain available until expended,''; and</DELETED> <DELETED> (2) in subsection (c)--</DELETED> <DELETED> (A) in the matter preceding subparagraph (A) of paragraph (1), by inserting ``plus a surcharge of 25 percent of such total amount'', after ``seafarer''; and</DELETED> <DELETED> (B) by striking paragraph (4).</DELETED> <DELETED>SEC. 502. RECEIPTS; INTERNATIONAL AGREEMENTS FOR ICE PATROL SERVICES.</DELETED> <DELETED> Section 80301(c) of title 46, United States Code, is amended by striking the period at the end and inserting ``and shall be available until expended for the purpose of the Coast Guard international ice patrol program.''.</DELETED> <DELETED>SEC. 503. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.</DELETED> <DELETED> Notwithstanding any other provision of law, requirements authorized under sections 3509 of title 46, United States Code, shall not apply to any passenger vessel, as defined in section 2101 of such title, that--</DELETED> <DELETED> (1) carries in excess of 250 passengers; and</DELETED> <DELETED> (2) is, or was, in operation in the internal waters of the United States on voyages inside the Boundary Line, as defined in section 103 of such title, on or before July 27, 2030.</DELETED> <DELETED>SEC. 504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM.</DELETED> <DELETED> (a) In General.--The Secretary shall conduct a pilot program to evaluate the potential use of remotely controlled or autonomous operation and monitoring of certain vessels for the purposes of--</DELETED> <DELETED> (1) better understanding the complexities of such at-sea operations and potential risks to navigation safety, vessel security, maritime workers, the public, and the environment;</DELETED> <DELETED> (2) gathering observational and performance data from monitoring the use of remotely controlled or autonomous vessels; and</DELETED> <DELETED> (3) assessing and evaluating regulatory requirements necessary to guide the development of future occurrences of such operations and activities.</DELETED> <DELETED> (b) Duration and Effective Date.--The duration of the pilot program established under this section shall be not more than 5 years beginning on the date on which the pilot program is established, which shall be not later than 180 days after the date of enactment of this Act.</DELETED> <DELETED> (c) Authorized Activities.--The activities authorized under this section include--</DELETED> <DELETED> (1) remote over-the-horizon monitoring operations related to the active at-sea recovery of spaceflight components on an unmanned vessel or platform;</DELETED> <DELETED> (2) procedures for the unaccompanied operation and monitoring of an unmanned spaceflight recovery vessel or platform; and</DELETED> <DELETED> (3) unmanned vessel transits and testing operations without a physical tow line related to space launch and recovery operations, except within 12 nautical miles of a port.</DELETED> <DELETED> (d) Interim Authority.--In recognition of potential risks to navigation safety, vessel security, maritime workers, the public, and the environment, and the unique circumstances requiring the use of remotely operated or autonomous vessels, the Secretary, in the pilot program established under subsection (a), may--</DELETED> <DELETED> (1) allow remotely controlled or autonomous vessel operations to proceed consistent to the extent practicable under titles 33 and 46 of the United States Code, including navigation and manning laws and regulations;</DELETED> <DELETED> (2) modify or waive applicable regulations and guidance as the Secretary considers appropriate to--</DELETED> <DELETED> (A) allow remote and autonomous vessel at- sea operations and activities to occur while ensuring navigation safety; and</DELETED> <DELETED> (B) ensure the reliable, safe, and secure operation of remotely controlled or autonomous vessels; and</DELETED> <DELETED> (3) require each remotely operated or autonomous vessel to be at all times under the supervision of 1 or more individuals--</DELETED> <DELETED> (A) holding a merchant mariner credential which is suitable to the satisfaction of the Coast Guard; and</DELETED> <DELETED> (B) who shall practice due regard for the safety of navigation of the autonomous vessel, to include collision avoidance.</DELETED> <DELETED> (e) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to--</DELETED> <DELETED> (1) permit foreign vessels to participate in the pilot program established under subsection (a);</DELETED> <DELETED> (2) waive or modify applicable laws and regulations under titles 33 and 46 of the United States Code, except to the extent authorized under subsection (d)(2); or</DELETED> <DELETED> (3) waive or modify any regulations arising under international conventions.</DELETED> <DELETED> (f) Savings Provision.--Nothing in this section may be construed to authorize the employment in the coastwise trade of a vessel or platform that does not meet the requirements of sections 12112, 55102, 55103, and 55111 of title 46, United States Code.</DELETED> <DELETED> (g) Briefings.--The Secretary or the designee of the Secretary shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the program established under subsection (a) on a quarterly basis.</DELETED> <DELETED> (h) Report.--Not later than 180 days after the expiration of the pilot program established under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report regarding an assessment of the execution of the pilot program and implications for maintaining navigation safety, the safety of maritime workers, and the preservation of the environment.</DELETED> <DELETED> (i) GAO Report.--</DELETED> <DELETED> (1) In general.--Not later than 18 months after the date of enactment of this section, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the state of autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels in Federal waters of the United States.</DELETED> <DELETED> (2) Elements.--The report required under paragraph (1) shall include the following:</DELETED> <DELETED> (A) An assessment of commercially available autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels during the 10 years immediately preceding the date of the report.</DELETED> <DELETED> (B) An analysis of the safety, physical security, cybersecurity, and collision avoidance risks and benefits associated with autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels, including environmental considerations.</DELETED> <DELETED> (C) An assessment of the impact of such autonomous and remote technologies, and all associated technologies, on labor, including--</DELETED> <DELETED> (i) roles for credentialed and noncredentialed workers regarding such autonomous, remote, and associated technologies; and</DELETED> <DELETED> (ii) training and workforce development needs associated with such technologies.</DELETED> <DELETED> (D) An assessment and evaluation of regulatory requirements necessary to guide the development of future autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels.</DELETED> <DELETED> (E) An assessment of the extent to which such technologies are being used in other countries and how such countries have regulated such technologies.</DELETED> <DELETED> (F) Recommendations regarding authorization, infrastructure, and other requirements necessary for the implementation of such technologies in the United States.</DELETED> <DELETED> (3) Consultation.--The report required under paragraph (1) shall include, at a minimum, consultation with the maritime industry including--</DELETED> <DELETED> (A) vessel operators, including commercial carriers, entities engaged in exploring for, developing, or producing resources, including non- mineral energy resources in its offshore areas, and supporting entities in the maritime industry;</DELETED> <DELETED> (B) shipboard personnel impacted by any change to autonomous vessel operations, in order to assess the various benefits and risks associated with the implementation of autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels and the impact such technologies would have on maritime jobs and maritime manpower; and</DELETED> <DELETED> (C) relevant federally funded research institutions, non-governmental organizations, and academia.</DELETED> <DELETED> (j) Definitions.--In this section:</DELETED> <DELETED> (1) Merchant mariner credential.--The term ``merchant mariner credential'' means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to title 46, United States Code.</DELETED> <DELETED> (2) Secretary.--The term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating.</DELETED> <DELETED>SEC. 505. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGER VESSELS.</DELETED> <DELETED> (a) Restructuring.--Chapter 305 of title 46, United States Code, is amended--</DELETED> <DELETED> (1) by inserting before section 30501 the following:</DELETED> <DELETED>``Subchapter I--General Provisions'';</DELETED> <DELETED> (2) by inserting before section 30503 the following:</DELETED> <DELETED>``Subchapter II--Exoneration and Limitation of Liability'';</DELETED> <DELETED>and</DELETED> <DELETED> (3) by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively.</DELETED> <DELETED> (b) Definitions.--Section 30501 of title 46, United States Code, is amended to read as follows:</DELETED> <DELETED>``Sec. 30501. Definitions</DELETED> <DELETED> ``In this chapter:</DELETED> <DELETED> ``(1) Covered small passenger vessel.--The term `covered small passenger vessel'--</DELETED> <DELETED> ``(A) means a small passenger vessel, as defined in section 2101, that is--</DELETED> <DELETED> ``(i) not a wing-in-ground craft; and</DELETED> <DELETED> ``(ii) carrying--</DELETED> <DELETED> ``(I) not more than 49 passengers on an overnight domestic voyage; and</DELETED> <DELETED> ``(II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and</DELETED> <DELETED> ``(B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire.</DELETED> <DELETED> ``(2) Owner.--The term `owner' includes a charterer that mans, supplies, and navigates a vessel at the charterer's own expense or by the charterer's own procurement.''.</DELETED> <DELETED> (c) Applicability.--Section 30502 of title 46, United States Code, is amended--</DELETED> <DELETED> (1) by striking ``Except as otherwise provided'' and inserting the following: ``(a) In General.--Except as to covered small passenger vessels and as otherwise provided'';</DELETED> <DELETED> (2) by striking ``section 30503'' and inserting ``section 30521''; and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(b) Application.--Notwithstanding subsection (a), the requirements of section 30526 of this title shall apply to covered small passenger vessels.''.</DELETED> <DELETED> (d) Provisions Requiring Notice of Claim or Limiting Time for Bringing Action.--Section 30526 of title 46, United States Code, as redesignated by subsection (a), is amended--</DELETED> <DELETED> (1) in subsection (a), by inserting ``and covered small passenger vessels'' after ``seagoing vessels''; and</DELETED> <DELETED> (2) in subsection (b)--</DELETED> <DELETED> (A) in paragraph (1), by striking ``6 months'' and inserting ``2 years''; and</DELETED> <DELETED> (B) in paragraph (2), by striking ``one year'' and inserting ``2 years''.</DELETED> <DELETED> (e) Chapter Analysis.--The analysis for chapter 305 of title 46, United States Code, is amended--</DELETED> <DELETED> (1) by inserting before the item relating to section 30501 the following:</DELETED> <DELETED>``subchapter i--general provisions''; <DELETED> (2) by inserting after the item relating to section 30502 the following:</DELETED> <DELETED>``subchapter ii--exoneration and limitation of liability''; <DELETED> (3) by striking the item relating to section 30501 and inserting the following:</DELETED> <DELETED>``30501. Definitions.''; <DELETED>and</DELETED> <DELETED> (4) by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively.</DELETED> <DELETED> (f) Conforming Amendments.--Title 46, United States Code, is further amended--</DELETED> <DELETED> (1) in section 14305(a)(5), by striking ``section 30506'' and inserting ``section 30524'';</DELETED> <DELETED> (2) in section 30523(a), as redesignated by subsection (a), by striking ``section 30506'' and inserting ``section 30524'';</DELETED> <DELETED> (3) in section 30524(b), as redesignated by subsection (a), by striking ``section 30505'' and inserting ``section 30523''; and</DELETED> <DELETED> (4) in section 30525, as redesignated by subsection (a)--</DELETED> <DELETED> (A) in the matter preceding paragraph (1), by striking ``sections 30505 and 30506'' and inserting ``sections 30523 and 30524'';</DELETED> <DELETED> (B) in paragraph (1), by striking ``section 30505'' and inserting ``section 30523''; and</DELETED> <DELETED> (C) in paragraph (2), by striking ``section 30506(b)'' and inserting ``section 30524(b)''.</DELETED> <DELETED>SEC. 506. MORATORIUM ON TOWING VESSEL INSPECTION USER FEES.</DELETED> <DELETED> Notwithstanding section 9701 of title 31, United States Code, and section 2110 of title 46 of such Code, the Secretary of the department in which the Coast Guard is operating may not charge an inspection fee for a towing vessel that has a certificate of inspection issued under subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation), and that uses the Towing Safety Management System option for compliance with such subchapter, until--</DELETED> <DELETED> (1) the completion of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (14 U.S.C. 946 note; Public Law 115-282); and</DELETED> <DELETED> (2) the promulgation of regulations to establish specific inspection fees for such vessels.</DELETED> <DELETED>SEC. 507. CERTAIN HISTORIC PASSENGER VESSELS.</DELETED> <DELETED> (a) Report on Covered Historic Vessels.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report evaluating the practicability of the application of section 3306(n)(3)(v) of title 46, United States Code, to covered historic vessels.</DELETED> <DELETED> (2) Elements.--The report required under paragraph (1) shall include the following:</DELETED> <DELETED> (A) An assessment of the compliance, as of the date on which the report is submitted in accordance with paragraph (1), of covered historic vessels with section 3306(n)(3)(v) of title 46, United States Code.</DELETED> <DELETED> (B) An assessment of the safety record of covered historic vessels.</DELETED> <DELETED> (C) An assessment of the risk, if any, that modifying the requirements under section 3306(n)(3)(v) of title 46, United States Code, would have on the safety of passengers and crew of covered historic vessels.</DELETED> <DELETED> (D) An evaluation of the economic practicability of the compliance of covered historic vessels with such section 3306(n)(3)(v) and whether that compliance would meaningfully improve safety of passengers and crew in a manner that is both feasible and economically practicable.</DELETED> <DELETED> (E) Any recommendations to improve safety in addition to, or in lieu of, such section 3306(n)(3)(v).</DELETED> <DELETED> (F) Any other recommendations as the Comptroller General determines are appropriate with respect to the applicability of such section 3306(n)(3)(v) to covered historic vessels.</DELETED> <DELETED> (G) An assessment to determine if covered historic vessels could be provided an exemption to such section 3306(n)(3)(v) and what changes to legislative or rulemaking requirements, including modifications to section 177.500(q) of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act), are necessary to provide the Commandant the authority to make such exemption or to otherwise provide for such exemption.</DELETED> <DELETED> (b) Consultation.--In completing the report required under subsection (a)(1), the Comptroller General may consult with--</DELETED> <DELETED> (1) the National Transportation Safety Board;</DELETED> <DELETED> (2) the Coast Guard; and</DELETED> <DELETED> (3) the maritime industry, including relevant federally funded research institutions, nongovernmental organizations, and academia.</DELETED> <DELETED> (c) Extension for Covered Historic Vessels.--The captain of a port may waive the requirements of section 3306(n)(3)(v) of title 46, United States Code, with respect to covered historic vessels for not more than 2 years after the date of submission of the report required by subsection (a) to Congress in accordance with such subsection.</DELETED> <DELETED> (d) Savings Clause.--Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of covered historic vessels.</DELETED> <DELETED> (e) Notice to Passengers.--A covered historic vessel that receives a waiver under subsection (c) shall, beginning on the date on which the requirements under section 3306(n)(3)(v) of title 46, United States Code, take effect, provide a prominently displayed notice on its website, ticket counter, and each ticket for passengers that the vessel is exempt from meeting the Coast Guard safety compliance standards concerning egress as provided for under such section 3306(n)(3)(v).</DELETED> <DELETED> (f) Definition of Covered Historic Vessels.--In this section, the term ``covered historic vessels'' means the following:</DELETED> <DELETED> (1) American Eagle (Official Number 229913).</DELETED> <DELETED> (2) Angelique (Official Number 623562).</DELETED> <DELETED> (3) Heritage (Official Number 649561).</DELETED> <DELETED> (4) J & E Riggin (Official Number 226422).</DELETED> <DELETED> (5) Ladona (Official Number 222228).</DELETED> <DELETED> (6) Lewis R. French (Official Number 015801).</DELETED> <DELETED> (7) Mary Day (Official Number 288714).</DELETED> <DELETED> (8) Stephen Taber (Official Number 115409).</DELETED> <DELETED> (9) Victory Chimes (Official Number 136784).</DELETED> <DELETED> (10) Grace Bailey (Official Number 085754).</DELETED> <DELETED> (11) Mercantile (Official Number 214388).</DELETED> <DELETED> (12) Mistress (Official Number 509004).</DELETED> <DELETED>SEC. 508. COAST GUARD DIGITAL REGISTRATION.</DELETED> <DELETED> Section 12304(a) of title 46, United States Code, is amended--</DELETED> <DELETED> (1) by striking ``shall be pocketsized,''; and</DELETED> <DELETED> (2) by striking ``, and may be valid'' and inserting ``and may be in hard copy or digital form. The certificate shall be valid''.</DELETED> <DELETED>SEC. 509. RESPONSES TO SAFETY RECOMMENDATIONS.</DELETED> <DELETED> (a) In General.--Chapter 7 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 721. Responses to safety recommendations</DELETED> <DELETED> ``(a) In General.--Not later than 90 days after the submission to the Commandant of a recommendation and supporting justification by the National Transportation Safety Board relating to transportation safety, the Commandant shall submit to the National Transportation Safety Board a written response to the recommendation, which shall include whether the Commandant--</DELETED> <DELETED> ``(1) concurs with the recommendation;</DELETED> <DELETED> ``(2) partially concurs with the recommendation; or</DELETED> <DELETED> ``(3) does not concur with the recommendation.</DELETED> <DELETED> ``(b) Explanation of Concurrence.--A response under subsection (a) shall include--</DELETED> <DELETED> ``(1) with respect to a recommendation with which the Commandant concurs, an explanation of the actions the Commandant intends to take to implement such recommendation;</DELETED> <DELETED> ``(2) with respect to a recommendation with which the Commandant partially concurs, an explanation of the actions the Commandant intends to take to implement the portion of such recommendation with which the Commandant partially concurs; and</DELETED> <DELETED> ``(3) with respect to a recommendation with which the Commandant does not concur, the reasons the Commandant does not concur.</DELETED> <DELETED> ``(c) Failure To Respond.--If the National Transportation Safety Board has not received the written response required under subsection (a) by the end of the time period described in that subsection, the National Transportation Safety Board shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that such response has not been received.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``721. Responses to safety recommendations.''. <DELETED>SEC. 510. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON THE COAST GUARD'S OVERSIGHT OF THIRD-PARTY ORGANIZATIONS.</DELETED> <DELETED> (a) In General.--The Comptroller General of the United States shall initiate a review, not later than 1 year after the date of enactment of this Act that assesses the Coast Guard's oversight of third-party organizations.</DELETED> <DELETED> (b) Elements.--The study required under subsection (a) shall analyze the following:</DELETED> <DELETED> (1) Coast Guard utilization of third-party organizations in its prevention mission, and the extent the Coast Guard plans to increase such use to enhance prevention mission performance, including resource utilization and specialized expertise.</DELETED> <DELETED> (2) The extent the Coast Guard has assessed the potential risks and benefits of using third-party organizations to support prevention mission activities.</DELETED> <DELETED> (3) The extent the Coast Guard provides oversight of third-party organizations authorized to support prevention mission activities.</DELETED> <DELETED> (c) Report.--The Comptroller General shall submit the results from this study not later than 1 year after initiating the review to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.</DELETED> <DELETED>Subtitle B--Other Matters</DELETED> <DELETED>SEC. 521. DEFINITION OF A STATELESS VESSEL.</DELETED> <DELETED> Section 70502(d)(1) of title 46, United States Code, is amended--</DELETED> <DELETED> (1) in subparagraph (B), by striking ``and'' after the semicolon;</DELETED> <DELETED> (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and</DELETED> <DELETED> (3) by adding at the end the following new subparagraph:</DELETED> <DELETED> ``(D) a vessel aboard which no individual, on request of an officer of the United States authorized to enforce applicable provisions of United States law, claims to be the master or is identified as the individual in charge and that has no other claim of nationality or registry under paragraph (1) or (2) of subsection (e).''.</DELETED> <DELETED>SEC. 522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.</DELETED> <DELETED> Not later than 1 year of the date of enactment of this Act, the Commandant shall submit to Congress a report describing any changes to the enforcement of chapters 121 and 551 of title 46, United States Code, as a result of the amendments to section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) made by section 9503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283).</DELETED> <DELETED>SEC. 523. STUDY ON MULTI-LEVEL SUPPLY CHAIN SECURITY STRATEGY OF THE DEPARTMENT OF HOMELAND SECURITY.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study that assesses the efforts of the Department of Homeland Security with respect to securing vessels and maritime cargo bound for the United States from national security related risks and threats.</DELETED> <DELETED> (b) Elements.--The study required under subsection (a) shall assess the following:</DELETED> <DELETED> (1) Programs that comprise the maritime strategy of the Department of Homeland Security for securing vessels and maritime cargo bound for the United States, and the extent that such programs cover the critical components of the global supply chain.</DELETED> <DELETED> (2) The extent to which the components of the Department of Homeland Security responsible for maritime security issues have implemented leading practices in collaboration.</DELETED> <DELETED> (3) The extent to which the Department of Homeland Security has assessed the effectiveness of its maritime security strategy.</DELETED> <DELETED> (c) Report.--Not later than 1 year after initiating the study under subsection (a), the Comptroller General of the United States shall submit the results from the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.</DELETED> <DELETED>SEC. 524. STUDY TO MODERNIZE THE MERCHANT MARINER LICENSING AND DOCUMENTATION SYSTEM.</DELETED> <DELETED> (a) In General.--Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on the financial, human, and information technology infrastructure resources needed to establish an electronic merchant mariner licensing and documentation system.</DELETED> <DELETED> (b) Legislative and Regulatory Suggestions.--The report described in paragraph (1) shall include recommendations for such legislative or administrative actions as the Commandant determines necessary to establish the electronic merchant mariner licensing and documentation system described in subsection (a) as soon as possible.</DELETED> <DELETED>SEC. 525. STUDY AND REPORT ON DEVELOPMENT AND MAINTENANCE OF MARINER RECORDS DATABASE.</DELETED> <DELETED> (a) Study.--</DELETED> <DELETED> (1) In general.--The Secretary, in coordination with the Commandant and the Administrator of the Maritime Administration and the Commander of the United States Transportation Command, shall conduct a study on the potential benefits and feasibility of developing and maintaining a Coast Guard database that--</DELETED> <DELETED> (A) contains records with respect to each credentialed mariner, including credential validity, drug and alcohol testing results, and information on any final adjudicated agency action involving a credentialed mariner or regarding any involvement in a marine casualty; and</DELETED> <DELETED> (B) maintains such records in a manner such that data can be readily accessed by the Federal Government for the purpose of assessing workforce needs and for the purpose of the economic and national security of the United States.</DELETED> <DELETED> (2) Elements.--The study required under paragraph (1) shall--</DELETED> <DELETED> (A) include an assessment of the resources, including information technology, and authorities necessary to develop and maintain the database described in such paragraph; and</DELETED> <DELETED> (B) specifically address the protection of the privacy interests of any individuals whose information may be contained within the database, which shall include limiting access to the database or having access to the database be monitored by, or accessed through, a member of the Coast Guard.</DELETED> <DELETED> (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection (a), including findings, conclusions, and recommendations.</DELETED> <DELETED> (c) Definitions.--In this section:</DELETED> <DELETED> (1) Credentialed mariner.--The term ``credentialed mariner'' means an individual with a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to title 46, United States Code.</DELETED> <DELETED> (2) Secretary.--The term ``Secretary'' means the Secretary of the Department in which the Coast Guard is operating.</DELETED> <DELETED>TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE</DELETED> <DELETED>SEC. 601. DEFINITIONS.</DELETED> <DELETED> (a) In General.--Section 2101 of title 46, United States Code, is amended--</DELETED> <DELETED> (1) by redesignating paragraphs (45) through (54) as paragraphs (47) through (56), respectively; and</DELETED> <DELETED> (2) by inserting after paragraph (44) the following:</DELETED> <DELETED> ``(45) `sexual assault' means any form of abuse or contact as defined in chapter 109A of title 18, or a substantially similar offense under a State, local, or Tribal law.</DELETED> <DELETED> ``(46) `sexual harassment' means any of the following:</DELETED> <DELETED> ``(A) Conduct towards an individual (which may have been by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner) that--</DELETED> <DELETED> ``(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature, when--</DELETED> <DELETED> ``(I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual;</DELETED> <DELETED> ``(II) any submission to, or rejection of, such conduct by the individual is used as a basis for decisions affecting the individual's job, pay, career, benefits, or entitlements; or</DELETED> <DELETED> ``(III) such conduct has the purpose or effect of unreasonably interfering with the individual's work performance or creates an intimidating, hostile, or offensive working environment; and</DELETED> <DELETED> ``(ii) is so severe or pervasive that a reasonable person would perceive, and the individual does perceive, the environment as hostile or offensive.</DELETED> <DELETED> ``(B) Any use or condonation by any person in a supervisory or command position of any form of sexual behavior to control, influence, or affect the career, pay, or job of an individual who is a subordinate to the person.</DELETED> <DELETED> ``(C) Any intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an individual by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner.''.</DELETED> <DELETED> (b) Report.--The Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing any changes the Commandant may propose to the definitions added by the amendments in subsection (a).</DELETED> <DELETED> (c) Conforming Amendments.--</DELETED> <DELETED> (1) Section 2113(3) of title 46, United States Code, is amended by striking ``section 2101(51)(A)'' and inserting ``section 2101(53)(A)''.</DELETED> <DELETED> (2) Section 4105 of title 46, United States Code, is amended--</DELETED> <DELETED> (A) in subsections (b)(1) and (c), by striking ``section 2101(51)'' each place it appears and inserting ``section 2101(53)''; and</DELETED> <DELETED> (B) in subsection (d), by striking ``section 2101(51)(A)'' and inserting ``section 2101(53)(A)''.</DELETED> <DELETED> (3) Section 1131(a)(1)(E) of title 49, United States Code, is amended by striking ``section 2101(46)'' and inserting ``116''.</DELETED> <DELETED>SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.</DELETED> <DELETED> (a) In General.--Chapter 75 of title 46, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 7511. Convicted sex offender as grounds for denial</DELETED> <DELETED> ``(a) Sexual Abuse.--A license, certificate of registry, or merchant mariner's document authorized to be issued under this part shall be denied to an individual who has been convicted of a sexual offense prohibited under chapter 109A of title 18, except for subsection (b) of section 2244 of title 18, or a substantially similar offense under a State, local, or Tribal law.</DELETED> <DELETED> ``(b) Abusive Sexual Contact.--A license, certificate of registry, or merchant mariner's document authorized to be issued under this part may be denied to an individual who within 5 years before applying for the license, certificate, or document, has been convicted of a sexual offense prohibited under subsection (b) of section 2244 of title 18, or a substantially similar offense under a State, local, or Tribal law.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``7511. Convicted sex offender as grounds for denial.''. <DELETED>SEC. 603. ACCOMMODATION; NOTICES.</DELETED> <DELETED> Section 11101 of title 46, United States Code, is amended--</DELETED> <DELETED> (1) in subsection (a)--</DELETED> <DELETED> (A) in paragraph (3), by striking ``; and'' and inserting a semicolon;</DELETED> <DELETED> (B) in paragraph (4), by striking the period at the end and inserting ``; and''; and</DELETED> <DELETED> (C) by adding at the end the following:</DELETED> <DELETED> ``(5) each crew berthing area shall be equipped with information regarding--</DELETED> <DELETED> ``(A) vessel owner or company policies prohibiting sexual assault, sexual harassment, retaliation, and drug and alcohol use; and</DELETED> <DELETED> ``(B) procedures and resources to report allegations of sexual assault and sexual harassment, including information--</DELETED> <DELETED> ``(i) on the contact information, website address, and mobile application of the Coast Guard Investigative Services and the Coast Guard National Command Center, in order to report allegations of sexual assault or sexual harassment;</DELETED> <DELETED> ``(ii) on vessel owner or company procedures to report violations of company policy and access resources;</DELETED> <DELETED> ``(iii) on resources provided by outside organizations such as sexual assault hotlines and counseling;</DELETED> <DELETED> ``(iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and</DELETED> <DELETED> ``(v) on additional items specified in regulations issued by, and at the discretion of, the Secretary.''; and</DELETED> <DELETED> (2) in subsection (d), by adding at the end the following: ``In each washing place in a visible location, there shall be information regarding procedures and resources to report alleged sexual assault and sexual harassment upon the vessel, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol use.''.</DELETED> <DELETED>SEC. 604. PROTECTION AGAINST DISCRIMINATION.</DELETED> <DELETED> Section 2114(a) of title 46, United States Code, is amended--</DELETED> <DELETED> (1) in paragraph (1)--</DELETED> <DELETED> (A) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and</DELETED> <DELETED> (B) by inserting after subparagraph (A) the following:</DELETED> <DELETED> ``(B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard, or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman;''; and</DELETED> <DELETED> (2) in paragraphs (2) and (3), by striking ``paragraph (1)(B)'' each place it appears and inserting ``paragraph (1)(C)''.</DELETED> <DELETED>SEC. 605. ALCOHOL AT SEA.</DELETED> <DELETED> (a) In General.--The Commandant shall seek to enter into an agreement with the National Academy of Sciences not later than 1 year after the date of the enactment of this Act under which the National Academy of Sciences shall prepare an assessment to determine safe levels of alcohol consumption and possession by crew members aboard vessels of the United States engaged in commercial service, except when such possession is associated with the commercial sale to individuals aboard the vessel who are not crew members.</DELETED> <DELETED> (b) Assessment.--The assessment under this section shall-- </DELETED> <DELETED> (1) take into account the safety and security of every individual on the vessel;</DELETED> <DELETED> (2) take into account reported incidences of sexual harassment or sexual assault, as defined in section 2101 of title 46, United States Code; and</DELETED> <DELETED> (3) provide any appropriate recommendations for any changes to laws, including regulations, or employer policies.</DELETED> <DELETED> (c) Submission.--Upon completion of the assessment under this section, the National Academy of Sciences shall submit the assessment to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Commandant, and the Secretary of the department in which the Coast Guard is operating.</DELETED> <DELETED> (d) Regulations.--</DELETED> <DELETED> (1) The Commandant--</DELETED> <DELETED> (A) shall review the findings and recommendations of the assessment under this section by not later than 180 days after receiving the assessment under subsection (c); and</DELETED> <DELETED> (B) taking into account the safety and security of every individual on vessels of the United States engaged in commercial service, may issue regulations relating to alcohol consumption on such vessels.</DELETED> <DELETED> (e) Report Required.--If, by the date that is 2 years after the receipt of the assessment under subsection (c), the Commandant does not issue regulations under subsection (d), the Commandant shall provide a report by such date to the appropriate committees of Congress--</DELETED> <DELETED> (1) regarding the rationale for not issuing such regulations; and</DELETED> <DELETED> (2) providing other recommendations as necessary to ensure safety at sea.</DELETED> <DELETED>SEC. 606. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION AND REVOCATION.</DELETED> <DELETED> (a) In General.--Chapter 77 of title 46, United States Code, is amended by inserting after section 7704 the following:</DELETED> <DELETED>``Sec. 7704a. Sexual harassment or sexual assault as grounds for suspension and revocation</DELETED> <DELETED> ``(a) Sexual Harassment.--If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual harassment, then the license, certificate of registry, or merchant mariner's document shall be suspended or revoked.</DELETED> <DELETED> ``(b) Sexual Assault.--If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 20 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual assault, then the license, certificate of registry, or merchant mariner's document shall be revoked.</DELETED> <DELETED> ``(c) Substantiated Claim.--</DELETED> <DELETED> ``(1) In general.--In this section, the term `substantiated claim' means--</DELETED> <DELETED> ``(A) a legal proceeding or agency action in any administrative proceeding that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation and for which all appeals have been exhausted, as applicable; or</DELETED> <DELETED> ``(B) a determination after an investigation by the Coast Guard that it is more likely than not that the individual committed sexual harassment or sexual assault as defined in section 2101, if the determination affords appropriate due process rights to the subject of the investigation.</DELETED> <DELETED> ``(2) Investigation by the coast guard.--An investigation by the Coast Guard under paragraph (1)(B) shall include evaluation of the following materials that shall be provided to the Coast Guard:</DELETED> <DELETED> ``(A) Any inquiry or determination made by the employer of the individual as to whether the individual committed sexual harassment or sexual assault.</DELETED> <DELETED> ``(B) Upon request from the Coast Guard, any investigative materials, documents, records, or files in the possession of an employer or former employer of the individual that are related to the claim of sexual harassment or sexual assault by the individual.</DELETED> <DELETED> ``(3) Additional review.--A license, certificate of registry, or merchant mariner's document shall not be suspended or revoked under subsection (a) or (b), unless the substantiated claim is reviewed and affirmed, in accordance with the applicable definition in section 2101, by an administrative law judge at the same suspension or revocation hearing under this chapter described in subsection (a) or (b), as applicable.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for chapter 77 of title 46, United States Code, is amended by inserting after the item relating to section 7704 the following:</DELETED> <DELETED>``7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.''. <DELETED>SEC. 607. SURVEILLANCE REQUIREMENTS.</DELETED> <DELETED> (a) In General.--Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``CHAPTER 49--OCEANGOING NONPASSENGER COMMERCIAL VESSELS</DELETED> <DELETED>``Sec. 4901. Surveillance requirements</DELETED> <DELETED> ``(a) Applicability.--</DELETED> <DELETED> ``(1) In general.--The requirements in this section shall apply to vessels engaged in commercial service that do not carry passengers and are any of the following:</DELETED> <DELETED> ``(A) A documented vessel with overnight accommodations for at least 10 persons on board that-- </DELETED> <DELETED> ``(i) is on a voyage of at least 600 miles and crosses seaward of the boundary line; or</DELETED> <DELETED> ``(ii) is at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51.</DELETED> <DELETED> ``(B) A documented vessel on an international voyage that is of--</DELETED> <DELETED> ``(i) at least 500 gross tons as measured under section 14502; or</DELETED> <DELETED> ``(ii) an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104.</DELETED> <DELETED> ``(C) A vessel with overnight accommodations for at least 10 persons on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)).</DELETED> <DELETED> ``(2) Exception.--Notwithstanding paragraph (1), the requirements in this section shall not apply to any fishing vessel, fish processing vessel, or fish tender vessel.</DELETED> <DELETED> ``(b) Requirement for Maintenance of Video Surveillance System.--Each vessel to which this section applies shall maintain a video surveillance system in accordance with this section.</DELETED> <DELETED> ``(c) Placement of Video and Audio Surveillance Equipment.--</DELETED> <DELETED> ``(1) In general.--The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after the date of enactment of the Coast Guard Authorization Act of 2022, or during the next scheduled drydock, whichever is later.</DELETED> <DELETED> ``(2) Locations.--Video and audio surveillance equipment shall be placed in passageways onto which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway.</DELETED> <DELETED> ``(d) Notice of Video and Audio Surveillance.--The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment.</DELETED> <DELETED> ``(e) Access to Video and Audio Records.--</DELETED> <DELETED> ``(1) In general.--The owner of a vessel to which this section applies shall provide to any Federal, State, or other law enforcement official performing official duties in the course and scope of a criminal or marine safety investigation, upon request, a copy of all records of video and audio surveillance that the official believes is relevant to the investigation.</DELETED> <DELETED> ``(2) Civil actions.--Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual's legal representative a copy of all records of video and audio surveillance--</DELETED> <DELETED> ``(A) in which the individual is a subject of the video and audio surveillance;</DELETED> <DELETED> ``(B) if the request is in conjunction with a legal proceeding or investigation; and</DELETED> <DELETED> ``(C) that may provide evidence of any sexual harassment or sexual assault incident in a civil action.</DELETED> <DELETED> ``(3) Limited access.--The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is limited to the purposes described in this section and not used as part of a labor action against a crew member or employment dispute unless used in a criminal or civil action.</DELETED> <DELETED> ``(f) Retention Requirements.--The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 4 years after the footage is obtained. Any video and audio surveillance found to be associated with an alleged incident of sexual harassment or sexual assault shall be retained by such owner for not less than 10 years from the date of the alleged incident. The Federal Bureau of Investigation and the Coast Guard are authorized access to all records of video and audio surveillance relevant to an investigation into criminal conduct.</DELETED> <DELETED> ``(g) Personnel Training.--A vessel owner, managing operator, or employer of a seafarer (in this subsection referred to as the `company') shall provide training for all individuals employed by the company for the purpose of responding to incidents of sexual assault or sexual harassment, including--</DELETED> <DELETED> ``(1) such training to ensure the individuals-- </DELETED> <DELETED> ``(A) retain audio and visual records and other evidence objectively; and</DELETED> <DELETED> ``(B) act impartially without influence from the company or others; and</DELETED> <DELETED> ``(2) training on applicable Federal, State, Tribal, and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements.</DELETED> <DELETED> ``(h) Definition of Owner.--In this section, the term `owner' means the owner, charterer, managing operator, master, or other individual in charge of a vessel.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis of subtitle II at the beginning of title 46, United States Code, is amended by adding after the item relating to chapter 47 the following:</DELETED> <DELETED>``Chapter 49--Oceangoing Nonpassenger Commercial Vessels''. <DELETED>SEC. 608. MASTER KEY CONTROL.</DELETED> <DELETED> (a) In General.--Chapter 31 of title 46, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 3106. Master key control system</DELETED> <DELETED> ``(a) In General.--The owner of a vessel subject to inspection under section 3301 shall--</DELETED> <DELETED> ``(1) ensure that such vessel is equipped with a vessel master key control system, manual or electronic, which provides controlled access to all copies of the vessel's master key of which access shall only be available to the individuals described in paragraph (2);</DELETED> <DELETED> ``(2)(A) establish a list of all crew members, identified by position, allowed to access and use the master key; and</DELETED> <DELETED> ``(B) maintain such list upon the vessel within owner records and include such list in the vessel safety management system under section 3203(a)(6);</DELETED> <DELETED> ``(3) record in a log book, which may be electronic and shall be included in the safety management system under section 3203(a)(6), information on all access and use of the vessel's master key, including--</DELETED> <DELETED> ``(A) dates and times of access;</DELETED> <DELETED> ``(B) the room or location accessed; and</DELETED> <DELETED> ``(C) the name and rank of the crew member that used the master key; and</DELETED> <DELETED> ``(4) make the list under paragraph (2) and the log book under paragraph (3) available upon request to any agent of the Federal Bureau of Investigation, any member of the Coast Guard, and any law enforcement officer performing official duties in the course and scope of an investigation.</DELETED> <DELETED> ``(b) Prohibited Use.--A crew member not included on the list described in subsection (a)(2) shall not have access to or use the master key unless in an emergency and shall immediately notify the master and owner of the vessel following access to or use of such key.</DELETED> <DELETED> ``(c) Penalty.--Any crew member who violates subsection (b) shall be liable to the United States Government for a civil penalty of not more than $1,000, and may be subject to suspension or revocation under section 7703.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for chapter 31 of title 46, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``3106. Master key control system.''. <DELETED>SEC. 609. SAFETY MANAGEMENT SYSTEMS.</DELETED> <DELETED> Section 3203 of title 46, United States Code, is amended-- </DELETED> <DELETED> (1) in subsection (a)--</DELETED> <DELETED> (A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and</DELETED> <DELETED> (B) by inserting after paragraph (4) the following:</DELETED> <DELETED> ``(5) with respect to sexual harassment and sexual assault, procedures and annual training requirements for all responsible persons and vessels to which this chapter applies on--</DELETED> <DELETED> ``(A) prevention;</DELETED> <DELETED> ``(B) bystander intervention;</DELETED> <DELETED> ``(C) reporting;</DELETED> <DELETED> ``(D) response; and</DELETED> <DELETED> ``(E) investigation;</DELETED> <DELETED> ``(6) the list required under section 3106(a)(2) and the log book required under section 3106(a)(3);'';</DELETED> <DELETED> (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and</DELETED> <DELETED> (3) by inserting after subsection (a) the following:</DELETED> <DELETED> ``(b) Procedures and Training Requirements.--In prescribing regulations for the procedures and training requirements described in subsection (a)(5), such procedures and requirements shall be consistent with the requirements to report sexual harassment or sexual assault under section 10104.</DELETED> <DELETED> ``(c) Audits.--</DELETED> <DELETED> ``(1) In general.--Upon discovery of a failure of a responsible person or vessel to comply with a requirement under section 10104 during an audit of a safety management system or from other sources of information acquired by the Coast Guard (including an audit or systematic review under section 10104(g)), the Secretary shall audit the safety management system of a vessel under this section to determine if there is a failure to comply with any other requirement under section 10104.</DELETED> <DELETED> ``(2) Certificates.--</DELETED> <DELETED> ``(A) Suspension.--During an audit of a safety management system of a vessel required under paragraph (1), the Secretary may suspend the Safety Management Certificate issued for the vessel under section 3205 and issue a separate Safety Management Certificate for the vessel to be in effect for a 3- month period beginning on the date of the issuance of such separate certificate.</DELETED> <DELETED> ``(B) Revocation.--At the conclusion of an audit of a safety management system required under paragraph (1), the Secretary shall revoke the Safety Management Certificate issued for the vessel under section 3205 if the Secretary determines--</DELETED> <DELETED> ``(i) that the holder of the Safety Management Certificate knowingly, or repeatedly, failed to comply with section 10104; or</DELETED> <DELETED> ``(ii) other failure of the safety management system resulted in the failure to comply with such section.</DELETED> <DELETED> ``(3) Documents of compliance.--</DELETED> <DELETED> ``(A) In general.--Following an audit of the safety management system of a vessel required under paragraph (1), the Secretary may audit the safety management system of the responsible person for the vessel.</DELETED> <DELETED> ``(B) Suspension.--During an audit under subparagraph (A), the Secretary may suspend the Document of Compliance issued to the responsible person under section 3205 and issue a separate Document of Compliance to such person to be in effect for a 3-month period beginning on the date of the issuance of such separate document.</DELETED> <DELETED> ``(C) Revocation.--At the conclusion of an assessment or an audit of a safety management system under subparagraph (A), the Secretary shall revoke the Document of Compliance issued to the responsible person if the Secretary determines--</DELETED> <DELETED> ``(i) that the holder of the Document of Compliance knowingly, or repeatedly, failed to comply with section 10104; or</DELETED> <DELETED> ``(ii) that other failure of the safety management system resulted in the failure to comply with such section.''.</DELETED> <DELETED>SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.</DELETED> <DELETED> Section 10104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following:</DELETED> <DELETED> ``(a) Mandatory Reporting by Crew Members.--</DELETED> <DELETED> ``(1) In general.--A crew member of a documented vessel shall report to the Commandant in accordance with subsection (c) any complaint or incident of sexual harassment or sexual assault of which the crew member has firsthand or personal knowledge.</DELETED> <DELETED> ``(2) Penalty.--Except as provided in paragraph (3), a crew member with firsthand or personal knowledge of a sexual assault or sexual harassment incident on a documented vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $25,000.</DELETED> <DELETED> ``(3) Amnesty.--A crew member who knowingly fails to make the required reporting under paragraph (1) shall not be subject to the penalty described in paragraph (2) if the complaint is shared in confidence with the crew member directly from the individual who experienced the sexual harassment or sexual assault or the crew member is a victim advocate as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)).</DELETED> <DELETED> ``(b) Mandatory Reporting by Vessel Owner, Master, Managing Operator, or Employer.--</DELETED> <DELETED> ``(1) In general.--A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel shall report to the Commandant in accordance with subsection (c) any complaint or incident of sexual harassment or sexual assault involving a crew member in violation of employer policy or law of which such vessel owner or managing operator is made aware. Such reporting shall include results of any investigation into the incident, if applicable, and any action taken against the offending crew member.</DELETED> <DELETED> ``(2) Penalty.--A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $50,000.</DELETED> <DELETED> ``(c) Reporting Procedures.--</DELETED> <DELETED> ``(1) Timing.--</DELETED> <DELETED> ``(A) Reports by crew members.--A report required under subsection (a) shall be made as soon as practicable, but not later than 10 days after the individual develops firsthand or personal knowledge of the sexual assault or sexual harassment incident, to the Commandant by the fastest telecommunications channel available.</DELETED> <DELETED> ``(B) Reports by vessel owners, masters, managing operators, or employers.--A report required under subsection (b) shall be made immediately after the vessel owner, master, managing operator, or employer of the seafarer gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunications channel available. Such report shall be made to the Commandant and the appropriate officer or agency of the government of the country in whose waters the incident occurs.</DELETED> <DELETED> ``(2) Contents.--A report required under subsection (a) or (b) shall include, to the best of the knowledge of the individual making the report--</DELETED> <DELETED> ``(A) the name, official position or role in relation to the vessel, and contact information of the individual making the report;</DELETED> <DELETED> ``(B) the name and official number of the documented vessel;</DELETED> <DELETED> ``(C) the time and date of the incident;</DELETED> <DELETED> ``(D) the geographic position or location of the vessel when the incident occurred; and</DELETED> <DELETED> ``(E) a brief description of the alleged sexual harassment or sexual assault being reported.</DELETED> <DELETED> ``(3) Receiving reports and collection of information.--</DELETED> <DELETED> ``(A) Receiving reports.--With respect to reports submitted under this subsection to the Coast Guard, the Commandant--</DELETED> <DELETED> ``(i) may establish additional reporting procedures, including procedures for receiving reports through--</DELETED> <DELETED> ``(I) a telephone number that is continuously manned at all times; and</DELETED> <DELETED> ``(II) an email address that is continuously monitored; and</DELETED> <DELETED> ``(ii) shall use procedures that include preserving evidence in such reports and providing emergency service referrals.</DELETED> <DELETED> ``(B) Collection of information.--After receiving a report under this subsection, the Commandant shall collect information related to the identity of each alleged victim, alleged perpetrator, and witness identified in the report through a means designed to protect, to the extent practicable, the personal identifiable information of such individuals.</DELETED> <DELETED> ``(d) Subpoena Authority.--</DELETED> <DELETED> ``(1) In general.--The Commandant may compel the testimony of witnesses and the production of any evidence by subpoena to determine compliance with this section.</DELETED> <DELETED> ``(2) Jurisdictional limits.--The jurisdictional limits of a subpoena issued under this section are the same as, and are enforceable in the same manner as, subpoenas issued under chapter 63 of this title.</DELETED> <DELETED> ``(e) Company After-Action Summary.--A vessel owner, master, managing operator, or employer of a seafarer that makes a report under subsection (b), or becomes aware of a report made under subsection (a) that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident, shall--</DELETED> <DELETED> ``(1) submit to the Commandant a document with detailed information to describe the actions taken by the vessel owner, master, managing operator, or employer of a seafarer after it became aware of the sexual assault or sexual harassment incident; and</DELETED> <DELETED> ``(2) make such submission not later than 10 days after the vessel owner, master, managing operator, or employer of a seafarer made the report under subsection (b), or became aware of a report made under subsection (a) that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident.</DELETED> <DELETED> ``(f) Required Company Records.--A vessel owner, master, managing operator, or employer of a seafarer shall--</DELETED> <DELETED> ``(1) submit to the Commandant copies of all records, including documents, files, recordings, statements, reports, investigatory materials, findings, and any other materials requested by the Commandant related to the claim of sexual assault or sexual harassment; and</DELETED> <DELETED> ``(2) make such submission not later than 14 days after--</DELETED> <DELETED> ``(A) the vessel owner, master, managing operator, or employer of a seafarer submitted a report under subsection (b); or</DELETED> <DELETED> ``(B) the vessel owner, master, managing operator, or employer of a seafarer acquired knowledge of a report made under subsection (a) that involved individuals employed by the vessel owner, master, managing operator, or employer of a seafarer.</DELETED> <DELETED> ``(g) Investigatory Audit.--The Commandant shall periodically perform an audit or other systematic review of the submissions made under this section to determine if there were any failures to comply with the requirements of this section.</DELETED> <DELETED> ``(h) Civil Penalty.--A vessel owner, master, managing operator, or employer of a seafarer that fails to comply with subsection (e) or (f) is liable to the United States Government for a civil penalty of $50,000 for each day a failure continues.</DELETED> <DELETED> ``(i) Applicability; Regulations.--</DELETED> <DELETED> ``(1) Effective date.--The requirements of this section take effect on the date of enactment of the Coast Guard Authorization Act of 2022.</DELETED> <DELETED> ``(2) Regulations.--The Commandant may issue regulations to implement the requirements of this section.</DELETED> <DELETED> ``(3) Reports.--Any report required to be made to the Commandant under this section shall be made to the Coast Guard National Command Center, until regulations establishing other reporting procedures are issued.''.</DELETED> <DELETED>SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN.</DELETED> <DELETED> (a) Personal Injury to or Death of Seamen.--Section 30104 of title 46, United States Code, is amended by inserting ``, including an injury resulting from sexual assault or sexual harassment (as such terms are defined in section 2101),'' after ``in the course of employment''.</DELETED> <DELETED> (b) Time Limit on Bringing Maritime Action.--Section 30106 of title 46, United States Code, is amended--</DELETED> <DELETED> (1) in the section heading, by striking ``for personal injury or death'';</DELETED> <DELETED> (2) by striking ``Except as otherwise'' and inserting the following:</DELETED> <DELETED> ``(a) In General.--Except as otherwise''; and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(b) Extension for Sexual Offense.--A civil action under subsection (a) arising out of a maritime tort for a claim of sexual harassment or sexual assault, as such terms are defined in section 2101, shall be brought not later than 5 years after the cause of action for a claim of sexual harassment or sexual assault arose.''.</DELETED> <DELETED> (c) Clerical Amendment.--The analysis for chapter 301 of title 46, United States Code, is amended by striking the item relating to section 30106 and inserting the following:</DELETED> <DELETED>``30106. Time limit on bringing maritime action.''. <DELETED>SEC. 612. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.</DELETED> <DELETED> (a) In General.--Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 564. Administration of sexual assault forensic examination kits</DELETED> <DELETED> ``(a) Sexual Assault Forensic Exam Procedure.--</DELETED> <DELETED> ``(1) In general.--Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination--</DELETED> <DELETED> ``(A) as soon as possible after the victim requests an examination; and</DELETED> <DELETED> ``(B) that is treated with the same level of urgency as emergency medical care.</DELETED> <DELETED> ``(2) Requirements.--The written operating procedure required by paragraph (1), shall, at a minimum, account for--</DELETED> <DELETED> ``(A) the health, safety, and privacy of a victim of sexual assault;</DELETED> <DELETED> ``(B) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10, United States Code);</DELETED> <DELETED> ``(C) the availability of aeromedical evacuation;</DELETED> <DELETED> ``(D) the operational capabilities of the vessel concerned;</DELETED> <DELETED> ``(E) the qualifications of medical personnel onboard;</DELETED> <DELETED> ``(F) coordination with law enforcement and the preservation of evidence;</DELETED> <DELETED> ``(G) the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault;</DELETED> <DELETED> ``(H) the availability of nonprescription pregnancy prophylactics; and</DELETED> <DELETED> ``(I) other unique military considerations.''.</DELETED> <DELETED> (b) Study.--</DELETED> <DELETED> (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall seek to enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study to assess the feasibility of the development of a self- administered sexual assault forensic examination for use by victims of sexual assault onboard a vessel at sea.</DELETED> <DELETED> (2) Elements.--The study under paragraph (1) shall--</DELETED> <DELETED> (A) take into account--</DELETED> <DELETED> (i) the safety and security of the alleged victim of sexual assault;</DELETED> <DELETED> (ii) the ability to properly identify, document, and preserve any evidence relevant to the allegation of sexual assault; and</DELETED> <DELETED> (iii) the applicable criminal procedural laws relating to authenticity, relevance, preservation of evidence, chain of custody, and any other matter relating to evidentiary admissibility; and</DELETED> <DELETED> (B) provide any appropriate recommendation for changes to existing laws, regulations, or employer policies.</DELETED> <DELETED> (3) Report.--Upon completion of the study under paragraph (1), the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Secretary of the department in which the Coast Guard is operating a report on the findings of the study.</DELETED> <DELETED> (c) Clerical Amendment.--The analysis for subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``564. Administration of sexual assault forensic examination kits.''. <DELETED>SEC. 613. REPORTS TO CONGRESS.</DELETED> <DELETED> (a) In General.--Chapter 101 of title 46, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``Sec. 10105. Reports to Congress</DELETED> <DELETED> ``Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2022, and on an annual basis thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report to include--</DELETED> <DELETED> ``(1) the number of reports received under section 10104;</DELETED> <DELETED> ``(2) the number of penalties issued under such section;</DELETED> <DELETED> ``(3) the number of open investigations under such section, completed investigations under such section, and the outcomes of such open or completed investigations;</DELETED> <DELETED> ``(4) the number of assessments or audits conducted under section 3203 and the outcome of those assessments or audits;</DELETED> <DELETED> ``(5) a statistical analysis of compliance with the safety management system criteria under section 3203;</DELETED> <DELETED> ``(6) the number of credentials denied or revoked due to sexual harassment, sexual assault, or related offenses; and</DELETED> <DELETED> ``(7) recommendations to support efforts of the Coast Guard to improve investigations and oversight of sexual harassment and sexual assault in the maritime sector, including funding requirements and legislative change proposals necessary to ensure compliance with title VI of the Coast Guard Authorization Act of 2022 and the amendments made by such title.''.</DELETED> <DELETED> (b) Clerical Amendment.--The analysis for chapter 101 of title 46, United States Code, is amended by adding at the end the following:</DELETED> <DELETED>``10105. Reports to Congress.''. <DELETED>SEC. 614. POLICY ON REQUESTS FOR PERMANENT CHANGES OF STATION OR UNIT TRANSFERS BY PERSONS WHO REPORT BEING THE VICTIM OF SEXUAL ASSAULT.</DELETED> <DELETED> Not later than 30 days after the date of the enactment of this Act, the Commandant, in consultation with the Director of the Health, Safety, and Work Life Directorate, shall issue an interim update to Coast Guard policy guidance to allow a member of the Coast Guard who has reported being the victim of a sexual assault or any other offense covered by section 920, 920c, or 930 of title 10, United States Code (article 120, 120c, or 130 of the Uniform Code of Military Justice) to request an immediate change of station or a unit transfer. The final policy shall be updated not later than 1 year after the date of the enactment of this Act.</DELETED> <DELETED>SEC. 615. SEX OFFENSES AND PERSONNEL RECORDS.</DELETED> <DELETED> Not later than 180 days after the date of the enactment of this Act, the Commandant shall issue final regulations or policy guidance required to fully implement section 1745 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 1561 note).</DELETED> <DELETED>SEC. 616. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.</DELETED> <DELETED> (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study to assess the oversight over Coast Guard activities, including investigations, personnel management, whistleblower protection, and other activities carried out by the Department of Homeland Security Office of Inspector General.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall include the following:</DELETED> <DELETED> (1) An analysis of the ability of the Department of Homeland Security Office of Inspector General to ensure timely, thorough, complete, and appropriate oversight over the Coast Guard, including oversight over both civilian and military activities.</DELETED> <DELETED> (2) An assessment of--</DELETED> <DELETED> (A) the best practices with respect to such oversight; and</DELETED> <DELETED> (B) the ability of the Department of Homeland Security Office of Inspector General and the Commandant to identify and achieve such best practices.</DELETED> <DELETED> (3) An analysis of the methods, standards, and processes employed by the Department of Defense Office of Inspector General and the Inspectors General of the Armed Forces (as defined in section 101 of title 10, United States Code), other than the Coast Guard, to conduct oversight and investigation activities.</DELETED> <DELETED> (4) An analysis of the methods, standards, and processes of the Department of Homeland Security Office of Inspector General with respect to oversight over the civilian and military activities of the Coast Guard, as compared to the methods, standards, and processes described in paragraph (3).</DELETED> <DELETED> (5) An assessment of the extent to which the Coast Guard Investigative Service completes investigations or other disciplinary measures after referral of complaints from the Department of Homeland Security Office of Inspector General.</DELETED> <DELETED> (6) A description of the staffing, expertise, training, and other resources of the Department of Homeland Security Office of Inspector General, and an assessment as to whether such staffing, expertise, training, and other resources meet the requirements necessary for meaningful, timely, and effective oversight over the activities of the Coast Guard.</DELETED> <DELETED> (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study, including recommendations with respect to oversight over Coast Guard activities.</DELETED> <DELETED>SEC. 617. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM.</DELETED> <DELETED> (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall enter into an agreement with a federally funded research and development center for the conduct of a study on-- </DELETED> <DELETED> (1) the Special Victims' Counsel program of the Coast Guard;</DELETED> <DELETED> (2) Coast Guard investigations of sexual assault offenses for cases in which the subject of the investigation is no longer under jeopardy for the alleged misconduct for reasons including the death of the accused, a lapse in the statute of limitations for the alleged offense, and a fully adjudicated criminal trial of the alleged offense in which all appeals have been exhausted; and</DELETED> <DELETED> (3) legal support and representation provided to members of the Coast Guard who are victims of sexual assault, including in instances in which the accused is a member of the Army, Navy, Air Force, Marine Corps, or Space Force.</DELETED> <DELETED> (b) Elements.--The study required by subsection (a) shall assess the following:</DELETED> <DELETED> (1) The Special Victims' Counsel program of the Coast Guard, including training, effectiveness, capacity to handle the number of cases referred, and experience with cases involving members of the Coast Guard and members of another Armed Force (as defined in section 101 of title 10, United States Code).</DELETED> <DELETED> (2) The experience of Special Victims' Counsels in representing members of the Coast Guard during a court- martial.</DELETED> <DELETED> (3) Policies concerning the availability and detailing of Special Victims' Counsels for sexual assault allegations, in particular such allegations in which the accused is a member of another Armed Force (as defined in section 101 of title 10, United States Code), and the impact that the cross-service relationship had on--</DELETED> <DELETED> (A) the competence and sufficiency of services provided to the alleged victim; and</DELETED> <DELETED> (B) the interaction between--</DELETED> <DELETED> (i) the investigating agency and the Special Victims' Counsels; and</DELETED> <DELETED> (ii) the prosecuting entity and the Special Victims' Counsels.</DELETED> <DELETED> (4) Training provided to, or made available for, Special Victims' Counsels and paralegals with respect to Department of Defense processes for conducting sexual assault investigations and Special Victims' Counsel representation of sexual assault victims.</DELETED> <DELETED> (5) The ability of Special Victims' Counsels to operate independently without undue influence from third parties, including the command of the accused, the command of the victim, the Judge Advocate General of the Coast Guard, and the Deputy Judge Advocate General of the Coast Guard.</DELETED> <DELETED> (6) The skill level and experience of Special Victims' Counsels, as compared to special victims' counsels available to members of the Army, Navy, Air Force, Marine Corps, and Space Force.</DELETED> <DELETED> (7) Policies regarding access to an alternate Special Victims' Counsel, if requested by the member of the Coast Guard concerned, and potential improvements for such policies.</DELETED> <DELETED> (c) Report.--Not later than 180 days after entering into an agreement under subsection (a), the federally funded research and development center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes--</DELETED> <DELETED> (1) the findings of the study required by that subsection;</DELETED> <DELETED> (2) recommendations to improve the coordination, training, and experience of Special Victims' Counsels of the Coast Guard so as to improve outcomes for members of the Coast Guard who have reported sexual assault; and</DELETED> <DELETED> (3) any other recommendation the federally funded research and development center considers appropriate.</DELETED> <DELETED>TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION</DELETED> <DELETED>Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps</DELETED> <DELETED>SEC. 701. DEFINITIONS.</DELETED> <DELETED> Section 212(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3002(b)) is amended by adding at the end the following:</DELETED> <DELETED> ``(8) Under secretary.--The term `Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere.''.</DELETED> <DELETED>SEC. 702. REQUIREMENT FOR APPOINTMENTS.</DELETED> <DELETED> Section 221(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3021(c)) is amended by striking ``may not be given'' and inserting the following: ``may--</DELETED> <DELETED> ``(1) be given only to an individual who is a citizen of the United States; and</DELETED> <DELETED> ``(2) not be given''.</DELETED> <DELETED>SEC. 703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 YEARS OF SERVICE.</DELETED> <DELETED> (a) In General.--Section 223 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3023) is amended to read as follows:</DELETED> <DELETED>``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.</DELETED> <DELETED> ``If an officer in the permanent grade of ensign is at any time found not fully qualified, the officer's commission shall be revoked and the officer shall be separated from the commissioned service.''.</DELETED> <DELETED> (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by striking the item relating to section 223 and inserting the following:</DELETED> <DELETED>``Sec. 223. Separation of ensigns found not fully qualified.''. <DELETED>SEC. 704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.</DELETED> <DELETED> (a) In General.--Subtitle A of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amended by adding at the end the following:</DELETED> <DELETED>``SEC. 220. AWARDS AND DECORATIONS.</DELETED> <DELETED> ``The Under Secretary may provide ribbons, medals, badges, trophies, and similar devices to members of the commissioned officer corps of the Administration and to members of other uniformed services for service and achievement in support of the missions of the Administration.''.</DELETED> <DELETED> (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 219 the following:</DELETED> <DELETED>``Sec. 220. Awards and decorations.''. <DELETED>SEC. 705. RETIREMENT AND SEPARATION.</DELETED> <DELETED> (a) Involuntary Retirement or Separation.--Section 241(a)(1) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(a)(1)) is amended to read as follows:</DELETED> <DELETED> ``(1) an officer in the permanent grade of captain or commander may--</DELETED> <DELETED> ``(A) except as provided by subparagraph (B), be transferred to the retired list; or</DELETED> <DELETED> ``(B) if the officer is not qualified for retirement, be separated from service; and''.</DELETED> <DELETED> (b) Retirement for Age.--Section 243(a) of that Act (33 U.S.C. 3043(a)) is amended by striking ``be retired'' and inserting ``be retired or separated (as specified in section 1251(e) of title 10, United States Code)''.</DELETED> <DELETED> (c) Retirement or Separation Based on Years of Creditable Service.--Section 261(a) of that Act (33 U.S.C. 3071(a)) is amended-- </DELETED> <DELETED> (1) by redesignating paragraphs (17) through (26) as paragraphs (18) through (27), respectively; and</DELETED> <DELETED> (2) by inserting after paragraph (16) the following:</DELETED> <DELETED> ``(17) Section 1251(e), relating to retirement or separation based on years of creditable service.''.</DELETED> <DELETED>SEC. 706. LICENSURE OF HEALTH-CARE PROFESSIONALS.</DELETED> <DELETED> Section 263 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3073) is amended--</DELETED> <DELETED> (1) by striking ``The Secretary'' and inserting ``(a) In General.--The Secretary''; and</DELETED> <DELETED> (2) by adding at the end the following:</DELETED> <DELETED> ``(b) Licensure of Health-Care Professionals.--</DELETED> <DELETED> ``(1) In general.--Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in paragraph (2) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, or in any other area within or beyond the jurisdiction of the United States, regardless of where the health-care professional or the patient of the health-care professional is located, if the practice is within the scope of the authorized Federal duties of the health-care professional.</DELETED> <DELETED> ``(2) Health-care professional described.--A health-care professional described in this paragraph is a health-care professional--</DELETED> <DELETED> ``(A) who is--</DELETED> <DELETED> ``(i) a member of the commissioned officer corps of the Administration;</DELETED> <DELETED> ``(ii) a civilian employee of the Administration;</DELETED> <DELETED> ``(iii) an officer or employee of the Public Health Service who is assigned or detailed to the Administration; or</DELETED> <DELETED> ``(iv) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and</DELETED> <DELETED> ``(B) who--</DELETED> <DELETED> ``(i) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and</DELETED> <DELETED> ``(ii) is performing authorized duties for the Administration.</DELETED> <DELETED> ``(3) Definitions.--In this subsection:</DELETED> <DELETED> ``(A) Health-care professional.--The term `health-care professional' has the meaning given that term in section 1094(e) of title 10, United States Code, except that such section shall be applied and administered by substituting `Secretary of Commerce' for `Secretary of Defense' each place it appears.</DELETED> <DELETED> ``(B) License.--The term `license' has the meaning given that term in such section.''.</DELETED> <DELETED>SEC. 707. IMPROVING PROFESSIONAL MARINER STAFFING.</DELETED> <DELETED> (a) In General.--Subtitle E of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.) is amended by adding at the end the following:</DELETED> <DELETED>``SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS.</DELETED> <DELETED> ``(a) In General.--The Under Secretary may prescribe regulations relating to shore leave for professional mariners without regard to the requirements of section 6305 of title 5, United States Code.</DELETED> <DELETED> ``(b) Requirements.--The regulations prescribed under subsection (a) shall--</DELETED> <DELETED> ``(1) require that a professional mariner serving aboard an ocean-going vessel be granted a leave of absence of four days per pay period; and</DELETED> <DELETED> ``(2) provide that a professional mariner serving in a temporary promotion position aboard a vessel may be paid the difference between the mariner's temporary and permanent rates of pay for leave accrued while serving in the temporary promotion position.</DELETED> <DELETED> ``(c) Professional Mariner Defined.--In this section, the term `professional mariner' means an individual employed on a vessel of the Administration who has the necessary expertise to serve in the engineering, deck, steward, electronic technician, or survey department.''.</DELETED> <DELETED> (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 269A the following:</DELETED> <DELETED>``Sec. 269B. Shore leave for professional mariners.''. <DELETED>SEC. 708. LEGAL ASSISTANCE.</DELETED> <DELETED> Section 1044(a)(3) of title 10, United States Code, is amended by inserting ``or the commissioned officer corps of the National Oceanic and Atmospheric Administration'' after ``Public Health Service''.</DELETED> <DELETED>SEC. 709. ACQUISITION OF AIRCRAFT FOR EXTREME WEATHER RECONNAISSANCE.</DELETED> <DELETED> (a) Increased Fleet Capacity.--</DELETED> <DELETED> (1) In general.--The Under Secretary of Commerce for Oceans and Atmosphere shall acquire adequate aircraft platforms with the necessary observation and modification requirements--</DELETED> <DELETED> (A) to meet agency-wide air reconnaissance and research mission requirements, particularly with respect to hurricanes and tropical cyclones, and also for atmospheric chemistry, climate, air quality for public health, full-season fire weather research and operations, full-season atmospheric river air reconnaissance observations, and other mission areas; and</DELETED> <DELETED> (B) to ensure data and information collected by the aircraft are made available to all users for research and operations purposes.</DELETED> <DELETED> (2) Contracts.--In carrying out paragraph (1), the Under Secretary shall negotiate and enter into 1 or more contracts or other agreements, to the extent practicable and necessary, with 1 or more governmental, commercial, or nongovernmental entities.</DELETED> <DELETED> (3) Derivation of funds.--For each of fiscal years 2023 through 2026, amounts to support the implementation of paragraphs (1) and (2) shall be derived--</DELETED> <DELETED> (A) from amounts appropriated to the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration and available for the purpose of atmospheric river reconnaissance; and</DELETED> <DELETED> (B) if amounts described in subparagraph (A) are insufficient to support the implementation of paragraphs (1) and (2), from amounts appropriated to that Office and available for purposes other than atmospheric river reconnaissance.</DELETED> <DELETED> (b) Acquisition of Aircraft To Replace the WP-3D Aircraft.--</DELETED> <DELETED> (1) In general.--Not later than September 30, 2023, the Under Secretary shall enter into a contract for the acquisition of 6 aircraft to replace the WP-3D aircraft that provides for--</DELETED> <DELETED> (A) the first newly acquired aircraft to be fully operational before the retirement of the last WP-3D aircraft operated by the National Oceanic and Atmospheric Administration; and</DELETED> <DELETED> (B) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is required to be fully operational under subparagraph (A).</DELETED> <DELETED> (2) Authorization of appropriations.--There is authorized to be appropriated to the Under Secretary $1,800,000,000, without fiscal year limitation, for the acquisition of the aircraft under paragraph (1).</DELETED> <DELETED>SEC. 710. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.</DELETED> <DELETED> (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees specified in subsection (c) a report on staffing issues relating to professional mariners within the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration.</DELETED> <DELETED> (b) Elements.--The report required by subsection (a) shall include consideration of--</DELETED> <DELETED> (1) the challenges the Office of Marine and Aviation Operations faces in recruiting and retaining qualified professional mariners;</DELETED> <DELETED> (2) workforce planning efforts to address those challenges; and</DELETED> <DELETED> (3) other models or approaches that exist, or are under consideration, to provide incentives for the retention of qualified professional mariners.</DELETED> <DELETED> (c) Committees Specified.--The committees specified in this subsection are--</DELETED> <DELETED> (1) the Committee on Commerce, Science, and Transportation of the Senate; and</DELETED> <DELETED> (2) the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives.</DELETED> <DELETED> (d) Professional Mariner Defined.--In this section, the term ``professional mariner'' means an individual employed on a vessel of the National Oceanic and Atmospheric Administration who has the necessary expertise to serve in the engineering, deck, steward, or survey department.</DELETED> <DELETED>Subtitle B--Other Matters</DELETED> <DELETED>SEC. 711. CONVEYANCE OF CERTAIN PROPERTY OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION IN JUNEAU, ALASKA.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) City.--The term ``City'' means the City and Borough of Juneau, Alaska.</DELETED> <DELETED> (2) Master plan.--The term ``Master Plan'' means the Juneau Small Cruise Ship Infrastructure Master Plan released by the Docks and Harbors Board and Port of Juneau for the City and dated March 2021.</DELETED> <DELETED> (3) Property.--The term ``Property'' means the parcel of real property consisting of approximately 2.4 acres, including tidelands, owned by the United States and under administrative custody and control of the National Oceanic and Atmospheric Administration and located at 250 Egan Drive, Juneau, Alaska, including any improvements thereon that are not authorized or required by another provision of law to be conveyed to a specific individual or entity.</DELETED> <DELETED> (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration.</DELETED> <DELETED> (b) Conveyance Authorized.--</DELETED> <DELETED> (1) In general.--The Secretary may convey, at fair market value, all right, title, and interest of the United States in and to the Property, subject to subsection (c) and the requirements of this section.</DELETED> <DELETED> (2) Termination of authority.--The authority provided by paragraph (1) shall terminate on the date that is 3 years after the date of the enactment of this Act.</DELETED> <DELETED> (c) Right of First Refusal.--The City shall have the right of first refusal with respect to the purchase, at fair market value, of the Property.</DELETED> <DELETED> (d) Survey.--The exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary.</DELETED> <DELETED> (e) Condition; Quitclaim Deed.--If the Property is conveyed under this section, the Property shall be conveyed--</DELETED> <DELETED> (1) in an ``as is, where is'' condition; and</DELETED> <DELETED> (2) via a quitclaim deed.</DELETED> <DELETED> (f) Fair Market Value.--</DELETED> <DELETED> (1) In general.--The fair market value of the Property shall be--</DELETED> <DELETED> (A) determined by an appraisal that-- </DELETED> <DELETED> (i) is conducted by an independent appraiser selected by the Secretary; and</DELETED> <DELETED> (ii) meets the requirements of paragraph (2); and</DELETED> <DELETED> (B) adjusted, at the Secretary's discretion, based on the factors described in paragraph (3).</DELETED> <DELETED> (2) Appraisal requirements.--An appraisal conducted under paragraph (1)(A) shall be conducted in accordance with nationally recognized appraisal standards, including--</DELETED> <DELETED> (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and</DELETED> <DELETED> (B) the Uniform Standards of Professional Appraisal Practice.</DELETED> <DELETED> (3) Factors.--The factors described in this paragraph are--</DELETED> <DELETED> (A) matters of equity and fairness;</DELETED> <DELETED> (B) actions taken by the City regarding the Property, if the City exercises its right of first refusal under subsection (c), including--</DELETED> <DELETED> (i) comprehensive waterfront planning, site development, and other redevelopment activities supported by the City in proximity to the Property in furtherance of the Master Plan;</DELETED> <DELETED> (ii) in-kind contributions made to facilitate and support use of the Property by governmental agencies; and</DELETED> <DELETED> (iii) any maintenance expenses, capital improvement, or emergency expenditures made necessary to ensure public safety and access to and from the Property; and</DELETED> <DELETED> (C) such other factors as the Secretary considers appropriate.</DELETED> <DELETED> (g) Costs of Conveyance.--If the City exercises its right of first refusal under subsection (c), all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance of the Property to the City under this section may be shared equitably by the Secretary and the City, as determined by the Secretary, including with the City providing in-kind contributions for any or all of such costs.</DELETED> <DELETED> (h) Proceeds.--Notwithstanding section 3302 of title 31, United States Code, or any other provision of law, any proceeds from a conveyance of the Property under this section shall--</DELETED> <DELETED> (1) be deposited in an account or accounts of the National Oceanic and Atmospheric Administration that exists as of the date of the enactment of this Act;</DELETED> <DELETED> (2) used to cover costs associated with the conveyance, related relocation efforts, and other facility and infrastructure projects in Alaska; and</DELETED> <DELETED> (3) remain available until expended, without further appropriation.</DELETED> <DELETED> (i) Memorandum of Agreement.--If the City exercises its right of first refusal under subsection (c), before finalizing a conveyance to the City under this section, the Secretary and the City shall enter into a memorandum of agreement to establish the terms under which the Secretary shall have future access to, and use of, the Property to accommodate the reasonable expectations of the Secretary for future operational and logistical needs in southeast Alaska.</DELETED> <DELETED> (j) Reservation or Easement for Access and Use.--The conveyance authorized under this section shall be subject to a reservation providing, or an easement granting, the Secretary, at no cost to the United States, a right to access and use the Property that--</DELETED> <DELETED> (1) is compatible with the Master Plan; and</DELETED> <DELETED> (2) authorizes future operational access and use by other Federal, State, and local government agencies that have customarily used the Property.</DELETED> <DELETED> (k) Liability.--</DELETED> <DELETED> (1) After conveyance.--An individual or entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out on or after the date and time of the conveyance of the Property.</DELETED> <DELETED> (2) Before conveyance.--The United States shall remain responsible for any liability the United States incurred with respect to activities the United States carried out on the Property before the date and time of the conveyance of the Property.</DELETED> <DELETED> (l) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate and reasonable to protect the interests of the United States.</DELETED> <DELETED> (m) Environmental Compliance.--Nothing in this section may be construed to affect or limit the application of or obligation to comply with any applicable environmental law, including--</DELETED> <DELETED> (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or</DELETED> <DELETED> (2) section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).</DELETED> <DELETED> (n) Conveyance Not a Major Federal Action.--A conveyance under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)).</DELETED> <DELETED>TITLE VIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS</DELETED> <DELETED>SEC. 801. TECHNICAL CORRECTIONS.</DELETED> <DELETED> (a) Section 319(b) of title 14, United States Code, is amended by striking ``section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.</DELETED> <DELETED> (b) Section 1156(c) of title 14, United States Code, is amended by striking ``section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''.</DELETED> <DELETED>SEC. 802. REINSTATEMENT.</DELETED> <DELETED> (a) Reinstatement.--The text of section 12(a) of the Act of June 21, 1940 (33 U.S.C. 522(a)), popularly known as the Truman- Hobbs Act, is--</DELETED> <DELETED> (1) reinstated as it appeared on the day before the date of the enactment of section 8507(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4754); and</DELETED> <DELETED> (2) redesignated as the sole text of section 12 of the Act of June 21, 1940 (33 U.S.C. 522).</DELETED> <DELETED> (b) Effective Date.--The provision reinstated by subsection (a) shall be treated as if such section 8507(b) had never taken effect.</DELETED> <DELETED> (c) Conforming Amendment.--The provision reinstated under subsection (a) is amended by striking ``, except to the extent provided in this section''.</DELETED> <DELETED>SEC. 803. TERMS AND VACANCIES.</DELETED> <DELETED> Section 46101(b) of title 46, United States Code, is amended--</DELETED> <DELETED> (1) in paragraph (2)--</DELETED> <DELETED> (A) by striking ``one year'' and inserting ``2 years''; and</DELETED> <DELETED> (B) by striking ``2 terms'' and inserting ``3 terms''; and</DELETED> <DELETED> (2) in paragraph (3)--</DELETED> <DELETED> (A) by striking ``of the individual being succeeded'' and inserting ``to which such individual is appointed'';</DELETED> <DELETED> (B) by striking ``2 terms'' and inserting ``3 terms''; and</DELETED> <DELETED> (C) by striking ``the predecessor of that'' and inserting ``such''.</DELETED> SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Coast Guard Authorization Act of 2022''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Commandant. TITLE I--AUTHORIZATIONS Sec. 101. Authorization of appropriations. Sec. 102. Authorized levels of military strength and training. Sec. 103. Authorization for shoreside infrastructure and facilities. Sec. 104. Authorization for acquisition of vessels. Sec. 105. Authorization for the child care subsidy program. TITLE II--COAST GUARD Subtitle A--Infrastructure and Assets Sec. 201. Report on shoreside infrastructure and facilities needs. Sec. 202. Fleet mix analysis and shore infrastructure investment plan. Sec. 203. Acquisition life-cycle cost estimates. Sec. 204. Report and briefing on resourcing strategy for Western Pacific region. Sec. 205. Study and report on national security and drug trafficking threats in the Florida Straits and Caribbean region, including Cuba. Sec. 206. Coast Guard Yard. Sec. 207. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs. Sec. 208. Improvements to infrastructure and operations planning. Sec. 209. Aqua alert notification system pilot program. Subtitle B--Great Lakes Sec. 211. Great Lakes winter commerce. Sec. 212. Database on icebreaking operations in the Great Lakes. Sec. 213. Great Lakes snowmobile acquisition plan. Sec. 214. Great Lakes barge inspection exemption. Sec. 215. Study on sufficiency of Coast Guard aviation assets to meet mission demands. Subtitle C--Arctic Sec. 221. Establishment of the Arctic Security Cutter Program Office. Sec. 222. Arctic activities. Sec. 223. Study on Arctic operations and infrastructure. Subtitle D--Maritime Cyber and Artificial Intelligence Sec. 231. Enhancing maritime cybersecurity. Sec. 232. Establishment of unmanned system program and autonomous control and computer vision technology project. Sec. 233. Artificial intelligence strategy. Sec. 234. Review of artificial intelligence applications and establishment of performance metrics. Sec. 235. Cyber data management. Sec. 236. Data management. Sec. 237. Study on cyber threats to the United States marine transportation system. Subtitle E--Aviation Sec. 241. Space-available travel on Coast Guard aircraft: program authorization and eligible recipients. Sec. 242. Report on Coast Guard Air Station Barbers Point hangar. Sec. 243. Study on the operational availability of Coast Guard aircraft and strategy for Coast Guard Aviation. Subtitle F--Workforce Readiness Sec. 251. Authorized strength. Sec. 252. Number and distribution of officers on active duty promotion list. Sec. 253. Continuation on active duty of officers with critical skills. Sec. 254. Career incentive pay for marine inspectors. Sec. 255. Expansion of the ability for selection board to recommend officers of particular merit for promotion. Sec. 256. Pay and allowances for certain members of the Coast Guard during funding gap. Sec. 257. Modification to education loan repayment program. Sec. 258. Retirement of Vice Commandant. Sec. 259. Report on resignation and retirement processing times and denial. Sec. 260. Calculation of active service. Sec. 261. Physical disability evaluation system procedure review. Sec. 262. Expansion of authority for multirater assessments of certain personnel. Sec. 263. Promotion parity. Sec. 264. Partnership program to diversify the Coast Guard. Sec. 265. Expansion of Coast Guard Junior Reserve Officers' Training Corps. Sec. 266. Improving representation of women and racial and ethnic minorities among Coast Guard active-duty members. Sec. 267. Strategy to enhance diversity through recruitment and accession. Sec. 268. Support for Coast Guard Academy. Sec. 269. Training for congressional affairs personnel. Sec. 270. Strategy for retention of cuttermen. Sec. 271. Study on performance of Coast Guard Force Readiness Command. Sec. 272. Study on frequency of weapons training for Coast Guard personnel. Subtitle G--Miscellaneous Provisions Sec. 281. Budgeting of Coast Guard relating to certain operations. Sec. 282. Coast Guard assistance to United States Secret Service. Sec. 283. Conveyance of Coast Guard vessels for public purposes. Sec. 284. Coast Guard intelligence activities and emergency and extraordinary expenses. Sec. 285. Transfer and conveyance. Sec. 286. Transparency and oversight. Sec. 287. Study on safety inspection program for containers and facilities. Sec. 288. Study on maritime law enforcement workload requirements. Sec. 289. Feasibility study on construction of Coast Guard station at Port Mansfield. Sec. 290. Modification of prohibition on operation or procurement of foreign-made unmanned aircraft systems. Sec. 291. Operational data sharing repository. Sec. 292. Procurement of tethered aerostat radar system for Coast Guard Station South Padre Island. Sec. 293. Assessment of Iran sanctions relief on Coast Guard operations under the Joint Comprehensive Plan of Action. Sec. 294. Report on shipyards of Finland and Sweden. Sec. 295. Coast Guard spectrum audit. Sec. 296. Prohibition on construction contracts with entities associated with the Chinese Communist Party. Sec. 297. Review of drug interdiction equipment and standards; testing for fentanyl during interdiction operations. Sec. 298. Public availability of information on monthly migrant interdictions. TITLE III--ENVIRONMENT Sec. 301. Definition of Secretary. Subtitle A--Marine Mammals Sec. 311. Definitions. Sec. 312. Assistance to ports to reduce the impacts of vessel traffic and port operations on marine mammals. Sec. 313. Near real-time monitoring and mitigation program for large cetaceans. Sec. 314. Pilot program to establish a Cetacean Desk for Puget Sound region. Sec. 315. Monitoring ocean soundscapes. Subtitle B--Oil Spills Sec. 321. Improving oil spill preparedness. Sec. 322. Western Alaska oil spill planning criteria. Sec. 323. Accident and incident notification relating to pipelines. Sec. 324. Coast Guard claims processing costs. Sec. 325. Calculation of interest on debt owed to the national pollution fund. Sec. 326. Per-incident limitation. Sec. 327. Access to the Oil Spill Liability Trust Fund. Sec. 328. Cost-reimbursable agreements. Sec. 329. Oil spill response review. Sec. 330. Review and report on limited indemnity provisions in standby oil spill response contracts. Sec. 331. Additional exceptions to regulations for towing vessels. Subtitle C--Environmental Compliance Sec. 341. Review of anchorage regulations. Sec. 342. Study on impacts on shipping and commercial, Tribal, and recreational fisheries from the development of renewable energy on the West Coast. Subtitle D--Environmental Issues Sec. 351. Modifications to the Sport Fish Restoration and Boating Trust Fund administration. Sec. 352. Improvements to Coast Guard communication with North Pacific maritime and fishing industry. Sec. 353. Fishing safety training grants program. Sec. 354. Load lines. Sec. 355. Actions by National Marine Fisheries Service to increase energy production. Subtitle E--Illegal Fishing and Forced Labor Prevention Sec. 361. Definitions. Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring Sec. 362. Enhancement of Seafood Import Monitoring Program Automated Commercial Environment Message Set. Sec. 363. Data sharing and aggregation. Sec. 364. Import audits. Sec. 365. Availability of fisheries information. Sec. 366. Report on Seafood Import Monitoring Program. Sec. 367. Authorization of appropriations. Chapter 2--Strengthening International Fisheries Management to Combat Human Trafficking Sec. 370. Denial of port privileges. Sec. 371. Identification and certification criteria. Sec. 372. Equivalent conservation measures. Sec. 373. Capacity building in foreign fisheries. Sec. 374. Training of United States Observers. Sec. 375. Regulations. Sec. 376. Use of Devices Broadcasting on AIS for Purposes of Marking Fishing Gear. TITLE IV--SUPPORT FOR COAST GUARD WORKFORCE Subtitle A--Support for Coast Guard Members and Families Sec. 401. Coast Guard child care improvements. Sec. 402. Armed Forces access to Coast Guard child care facilities. Sec. 403. Cadet pregnancy policy improvements. Sec. 404. Pilot program for fertility treatments. Sec. 405. Combat-related special compensation. Sec. 406. Restoration of amounts improperly withheld for tax purposes from severance payments to veterans of the Coast Guard with combat-related injuries. Sec. 407. Modification of basic needs allowance for members of the Coast Guard. Sec. 408. Study on food security. Subtitle B--Healthcare Sec. 421. Development of medical staffing standards for the Coast Guard. Sec. 422. Healthcare system review and strategic plan. Sec. 423. Data collection and access to care. Sec. 424. Behavioral health policy. Sec. 425. Members asserting post-traumatic stress disorder or traumatic brain injury. Sec. 426. Improvements to the Physical Disability Evaluation System and transition program. Sec. 427. Expansion of access to counseling. Sec. 428. Expansion of postgraduate opportunities for members of the Coast Guard in medical and related fields. Sec. 429. Study on Coast Guard telemedicine program. Sec. 430. Study on Coast Guard medical facilities needs. Subtitle C--Housing Sec. 441. Strategy to improve quality of life at remote units. Sec. 442. Study on Coast Guard housing access, cost, and challenges. Sec. 443. Audit of certain military housing conditions of enlisted members of the Coast Guard in Key West, Florida. Sec. 444. Study on Coast Guard housing authorities and privatized housing. Subtitle D--Other Matters Sec. 451. Report on availability of emergency supplies for Coast Guard personnel. TITLE V--MARITIME Subtitle A--Vessel Safety Sec. 501. Abandoned Seafarers Fund amendments. Sec. 502. Receipts; international agreements for ice patrol services. Sec. 503. Passenger vessel security and safety requirements. Sec. 504. At-sea recovery operations pilot program. Sec. 505. Exoneration and limitation of liability for small passenger vessels. Sec. 506. Moratorium on towing vessel inspection user fees. Sec. 507. Certain historic passenger vessels. Sec. 508. Coast Guard digital registration. Sec. 509. Responses to safety recommendations. Sec. 510. Comptroller General of the United States study and report on the Coast Guard's oversight of third party organizations. Sec. 511. Articulated tug-barge manning. Sec. 512. Alternate safety compliance program exception for certain vessels. Subtitle B--Other Matters Sec. 521. Definition of a stateless vessel. Sec. 522. Report on enforcement of coastwise laws. Sec. 523. Study on multi-level supply chain security strategy of the department of homeland security. Sec. 524. Study to modernize the merchant mariner licensing and documentation system. Sec. 525. Study and report on development and maintenance of mariner records database. Sec. 526. Assessment regarding application process for merchant mariner credentials. Sec. 527. Military to Mariners Act of 2022. Sec. 528. Floating dry docks. TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE Sec. 601. Definitions. Sec. 602. Convicted sex offender as grounds for denial. Sec. 603. Accommodation; notices. Sec. 604. Protection against discrimination. Sec. 605. Alcohol at sea. Sec. 606. Sexual harassment or sexual assault as grounds for suspension and revocation. Sec. 607. Surveillance requirements. Sec. 608. Master key control. Sec. 609. Safety management systems. Sec. 610. Requirement to report sexual assault and harassment. Sec. 611. Civil actions for personal injury or death of seamen. Sec. 612. Access to care and sexual assault forensic examinations. Sec. 613. Reports to Congress. Sec. 614. Policy on requests for permanent changes of station or unit transfers by persons who report being the victim of sexual assault. Sec. 615. Sex offenses and personnel records. Sec. 616. Study on Coast Guard oversight and investigations. Sec. 617. Study on Special Victims' Counsel program. TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps Sec. 701. Definitions. Sec. 702. Requirement for appointments. Sec. 703. Repeal of requirement to promote ensigns after 3 years of service. Sec. 704. Authority to provide awards and decorations. Sec. 705. Retirement and separation. Sec. 706. Licensure of health-care professionals. Sec. 707. Improving professional mariner staffing. Sec. 708. Legal assistance. Sec. 709. Acquisition of aircraft for extreme weather reconnaissance. Sec. 710. Report on professional mariner staffing models. Subtitle B--Other Matters Sec. 711. Conveyance of certain property of the National Oceanic and Atmospheric Administration in Juneau, Alaska. TITLE VIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS Sec. 801. Technical correction. Sec. 802. Reinstatement. Sec. 803. Terms and vacancies. TITLE IX--RULE OF CONSTRUCTION Sec. 901. Rule of construction. SEC. 2. DEFINITION OF COMMANDANT. In this Act, the term ``Commandant'' means the Commandant of the Coast Guard. TITLE I--AUTHORIZATIONS SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Section 4902 of title 14, United States Code, is amended-- (1) in the matter preceding paragraph (1), by striking ``fiscal years 2020 and 2021'' and inserting ``fiscal years 2022 and 2023''; (2) in paragraph (1)-- (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: ``(i) $10,000,000,000 for fiscal year 2022; and ``(ii) $10,750,000,000 for fiscal year 2023.''; (B) in subparagraph (B), by striking ``$17,035,000'' and inserting ``$23,456,000''; and (C) in subparagraph (C), by striking ``, (A)(ii) $17,376,000'' and inserting ``(A)(ii), $24,353,000''; (3) in paragraph (2)-- (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: ``(i) $2,459,100,000 for fiscal year 2022; and ``(ii) $3,477,600,000 for fiscal year 2023.''; and (B) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: ``(i) $20,400,000 for fiscal year 2022; and ``(ii) $20,808,000 for fiscal year 2023.''; (4) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) $7,476,000 for fiscal year 2022; and ``(B) $14,681,084 for fiscal year 2023.''; and (5) in paragraph (4), by striking subparagraphs (A) and (B) and inserting the following: ``(A) $240,577,000 for fiscal year 2022; and ``(B) $252,887,000 for fiscal year 2023.''. SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. Section 4904 of title 14, United States Code, is amended-- (1) in subsection (a), by striking ``fiscal years 2020 and 2021'' and inserting ``fiscal years 2022 and 2023''; and (2) in subsection (b), in the matter preceding paragraph (1), by striking ``fiscal years 2020 and 2021'' and inserting ``fiscal years 2022 and 2023''. SEC. 103. AUTHORIZATION FOR SHORESIDE INFRASTRUCTURE AND FACILITIES. (a) In General.--In addition to the amounts authorized to be appropriated under section 4902(2)(A) of title 14, United States Code, as amended by section 101 of this Act, for the period of fiscal years 2023 through 2028-- (1) $3,000,000,000 is authorized to fund maintenance, new construction, and repairs needed for Coast Guard shoreside infrastructure; (2) $160,000,000 is authorized to fund phase two of the recapitalization project at Coast Guard Training Center Cape May in Cape May, New Jersey, to improve recruitment and training of a diverse Coast Guard workforce; and (3) $80,000,000 is authorized for the construction of additional new child care development centers not constructed using funds authorized by the Infrastructure Investment and Jobs Act (Public Law 117-58; 135 Stat. 429). (b) Coast Guard Yard Resilient Infrastructure and Construction Improvement.--In addition to the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this Act-- (1) $400,000,000 is authorized for the period of fiscal years 2023 through 2028 for the Secretary of the department in which the Coast Guard is operating for the purposes of improvements to facilities of the Yard; and (2) $236,000,000 is authorized for the acquisition of a new floating drydock, to remain available until expended. SEC. 104. AUTHORIZATION FOR ACQUISITION OF VESSELS. In addition to the amounts authorized to be appropriated under section 4902(2)(A)(ii) of title 14, United States Code, as amended by section 101 of this Act, for the period of fiscal years 2023 through 2028-- (1) $350,000,000 is authorized for the acquisition of a Great Lakes icebreaker that is at least as capable as Coast Guard cutter Mackinaw (WLBB-30); (2) $172,500,000 is authorized for the program management, design, and acquisition of 12 Pacific Northwest heavy weather boats that are at least as capable as the Coast Guard 52-foot motor surfboat; (3) $841,000,000 is authorized for the third Polar Security Cutter; (4) $20,000,000 is authorized for initiation of activities to support acquisition of the Arctic Security Cutter class, including program planning and requirements development to include the establishment of an Arctic Security Cutter Program Office; (5) $650,000,000 is authorized for the continued acquisition of Offshore Patrol Cutters; and (6) $650,000,000 is authorized for a twelfth National Security Cutter. SEC. 105. AUTHORIZATION FOR THE CHILD CARE SUBSIDY PROGRAM. In addition to the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, $25,000,000 is authorized to the Commandant for each of fiscal years 2023 and 2024 for the child care subsidy program. TITLE II--COAST GUARD Subtitle A--Infrastructure and Assets SEC. 201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES NEEDS. Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes-- (1) a detailed list of shoreside infrastructure needs for all Coast Guard facilities located within each Coast Guard District in the order of priority, including recapitalization, maintenance needs in excess of $25,000, dredging, and other shoreside infrastructure needs of the Coast Guard; (2) the estimated cost of projects to fulfill such needs, to the extent available; and (3) a general description of the state of planning for each such project. SEC. 202. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE INVESTMENT PLAN. (a) Fleet Mix Analysis.-- (1) In general.--The Commandant shall conduct an updated fleet mix analysis that provides for a fleet mix sufficient, as determined by the Commandant-- (A) to carry out-- (i) the missions of the Coast Guard; and (ii) emerging mission requirements; and (B) to address-- (i) national security threats; and (ii) the global deployment of the Coast Guard to counter great power competitors. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to Congress a report on the results of the updated fleet mix analysis required by paragraph (1). (b) Shore Infrastructure Investment Plan.-- (1) In general.--The Commandant shall develop an updated shore infrastructure investment plan that includes-- (A) the construction of additional facilities to accommodate the updated fleet mix described in subsection (a)(1); (B) improvements necessary to ensure that existing facilities meet requirements and remain operational for the lifespan of such fleet mix, including necessary improvements to information technology infrastructure; (C) a timeline for the construction and improvement of the facilities described in subparagraphs (A) and (B); and (D) a cost estimate for construction and life-cycle support of such facilities, including for necessary personnel. (2) Report.--Not later than 1 year after the date on which the report under subsection (a)(2) is submitted, the Commandant shall submit to Congress a report on the plan required by paragraph (1). SEC. 203. ACQUISITION LIFE-CYCLE COST ESTIMATES. Section 1132(e) of title 14, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following: ``(2) Types of estimates.--For each Level 1 or Level 2 acquisition project or program, in addition to life-cycle cost estimates developed under paragraph (1), the Commandant shall require-- ``(A) such life-cycle cost estimates to be updated before-- ``(i) each milestone decision is concluded; and ``(ii) the project or program enters a new acquisition phase; and ``(B) an independent cost estimate or independent cost assessment, as appropriate, to be developed to validate such life-cycle cost estimates.''. SEC. 204. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR WESTERN PACIFIC REGION. (a) Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Coast Guard Commander of the Pacific Area, the Commander of United States Indo-Pacific Command, and the Under Secretary of Commerce for Oceans and Atmosphere, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the Coast Guard's resourcing needs to achieve optimum operations in the Western Pacific region. (2) Elements.--The report required under paragraph (1) shall include the following: (A) An assessment of the risks and associated needs-- (i) to United States strategic maritime interests, in particular such interests in areas west of the International Date Line, including risks to bilateral maritime partners of the United States, posed by not fully staffing and equipping Coast Guard operations in the Western Pacific region; (ii) to the Coast Guard mission and force posed by not fully staffing and equipping Coast Guard operations in the Western Pacific region; and (iii) to support the call of the President, as set forth in the Indo-Pacific Strategy, to expand Coast Guard presence and cooperation in Southeast Asia, South Asia, and the Pacific Islands, with a focus on advising, training, deployment, and capacity building. (B) A description of the additional resources, including shoreside resources, required to fully implement the needs described in subparagraph (A), including the United States commitment to bilateral fisheries law enforcement in the Pacific Ocean. (C) A description of the operational and personnel assets required and a dispersal plan for available and projected future Coast Guard cutters and aviation forces to conduct optimum operations in the Western Pacific region. (D) An analysis with respect to whether a national security cutter or fast response cutter located at a United States military installation in a foreign country in the Western Pacific region would enhance United States national security, partner country capacity building, and prevention and effective response to illegal, unreported, and unregulated fishing. (E) An assessment of the benefits and associated costs involved in-- (i) increasing staffing of Coast Guard personnel within the command elements of United States Indo-Pacific Command or subordinate commands; and (ii) designating a Coast Guard patrol force under the direct authority of the Commander of the United States Indo-Pacific Command with associated forward-based assets and personnel. (F) An identification of any additional authority necessary, including proposals for legislative change, to meet the needs identified in accordance with subparagraphs (A) through (E) and any other mission requirement in the Western Pacific region. (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Briefing.--Not later than 60 days after the date on which the Commandant submits the report under subsection (a), the Commandant, or a designated individual, shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the findings and conclusions of such report. SEC. 205. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG TRAFFICKING THREATS IN THE FLORIDA STRAITS AND CARIBBEAN REGION, INCLUDING CUBA. (a) In General.--The Commandant shall conduct a study on national security, drug trafficking, and other relevant threats as the Commandant considers appropriate, in the Florida Straits and Caribbean region, including Cuba. (b) Elements.--The study required by subsection (a) shall include the following: (1) An assessment of-- (A) new technology and evasive maneuvers used by transnational criminal organizations to evade detection and interdiction by Coast Guard law enforcement units and interagency partners; and (B) capability gaps of the Coast Guard with respect to-- (i) the detection and interdiction of illicit drugs in the Florida Straits and Caribbean region, including Cuba; and (ii) the detection of national security threats in such region. (2) An identification of-- (A) the critical technological advancements required for the Coast Guard to meet current and anticipated threats in such region; (B) the capabilities required to enhance information sharing and coordination between the Coast Guard and interagency partners, foreign governments, and related civilian entities; and (C) any significant new or developing threat to the United States posed by illicit actors in such region. (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection (a). SEC. 206. COAST GUARD YARD. (a) In General.--With respect to the Coast Guard Yard, the purposes of the authorization under section 103(b) are-- (1) to improve resilience and capacity; (2) to maintain and expand Coast Guard organic manufacturing capacity; (3) to expand training and recruitment; (4) to enhance safety; (5) to improve environmental compliance; and (6) to ensure that the Coast Guard Yard is prepared to meet the growing needs of the modern Coast Guard fleet. (b) Inclusions.--The Secretary of the department in which the Coast Guard is operating shall ensure that the Coast Guard Yard receives improvements that include the following: (1) Facilities upgrades needed to improve resilience of the shipyard, its facilities, and associated infrastructure. (2) Acquisition of a large-capacity drydock. (3) Improvements to piers and wharves, drydocks, and capital equipment utilities. (4) Environmental remediation. (5) Construction of a new warehouse and paint facility. (6) Acquisition of a new travel lift. (7) Dredging necessary to facilitate access to the Coast Guard Yard. (c) Workforce Development Plan.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a workforce development plan that-- (1) outlines the workforce needs of the Coast Guard Yard with respect to civilian employees and active duty members of the Coast Guard, including engineers, individuals engaged in trades, cyber specialists, and other personnel necessary to meet the evolving mission set of the Coast Guard Yard; and (2) includes recommendations for Congress with respect to the authorities, training, funding, and civilian and active- duty recruitment, including the recruitment of women and underrepresented minorities, necessary to meet workforce needs of the Coast Guard Yard for the 10-year period beginning on the date of submission of the plan. SEC. 207. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN CONTRACTS AND GRANTS TO PROCURE COST-EFFECTIVE TECHNOLOGY FOR MISSION NEEDS. (a) In General.--Subchapter III of chapter 11 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 1158. Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs ``(a) In General.--Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to develop prototypes for, and to operate and procure, cost-effective technology for the purpose of meeting the mission needs of the Coast Guard. ``(b) Procurement and Acquisition.--Procurement or acquisition of technologies under subsection (a) shall be-- ``(1) carried out in accordance with this title and Coast Guard policies and guidance; and ``(2) consistent with the operational requirements of the Coast Guard. ``(c) Limitations.-- ``(1) In general.--The Commandant may not enter into a transaction under subsection (a) with respect to a technology that-- ``(A) does not comply with the cybersecurity standards of the Coast Guard; or ``(B) is sourced from an entity domiciled in the People's Republic of China, unless the Commandant determines that the prototype, operation, or procurement of such a technology is for the purpose of-- ``(i) counter-UAS operations, surrogate testing, or training; or ``(ii) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training. ``(2) Waiver.--The Commandant may waive the application under paragraph (1) on a case-by-case basis by certifying in writing to the Secretary of Homeland Security and the appropriate committees of Congress that the prototype, operation, or procurement of the applicable technology is in the national interests of the United States. ``(d) Education and Training.--The Commandant shall ensure that management, technical, and contracting personnel of the Coast Guard involved in the award or administration of transactions under this section, or other innovative forms of contracting, are provided opportunities for adequate education and training with respect to the authority under this section. ``(e) Report.-- ``(1) In general.--Not later than 5 years after the date of the enactment of this section, the Commandant shall submit to the appropriate committees of Congress a report that-- ``(A) describes the use of the authority pursuant to this section; and ``(B) assesses the mission and operational benefits of such authority. ``(2) Appropriate committees of congress defined.--In this subsection, the term `appropriate committees of Congress' means-- ``(A) the Committee on Commerce, Science, and Transportation of the Senate; and ``(B) the Committee on Transportation and Infrastructure of the House of Representatives. ``(f) Regulations.--The Commandant shall prescribe regulations as necessary to carry out this section. ``(g) Definitions of Unmanned Aircraft, Unmanned Aircraft System, and Counter-UAS.--In this section, the terms `unmanned aircraft', `unmanned aircraft system', and `counter-UAS' have the meanings given such terms in section 44801 of title 49, United States Code.''. (b) Clerical Amendment.--The analysis for subchapter III of chapter 11 of title 14, United States Code, is amended by adding at the end the following: ``1158. Authority to enter into transactions other than contracts and grants to procure cost-effective technology for mission needs.''. SEC. 208. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS PLANNING. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall incorporate the most recent oceanic and atmospheric data relating to the increasing rates of extreme weather, including flooding, into planning scenarios for Coast Guard infrastructure and mission deployments with respect to all Coast Guard Missions. (b) Coordination With National Oceanic and Atmospheric Administration.--In carrying out subsection (a), the Commandant shall-- (1) coordinate with the Under Secretary of Commerce for Oceans and Atmosphere to ensure the incorporation of the most recent environmental and climatic data; and (2) request technical assistance and advice from the Under Secretary in planning scenarios, as appropriate. (c) Briefing.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the manner in which the best-available science from the National Oceanic and Atmospheric Administration has been incorporated into at least 1 key mission area of the Coast Guard, and the lessons learned from so doing. SEC. 209. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commandant shall, subject to the availability of appropriations, establish a pilot program to improve the issuance of alerts to facilitate cooperation with the public to render aid to distressed individuals under section 521 of title 14, United States Code. (b) Pilot Program Contents.--The pilot program established under subsection (a) shall, to the maximum extent possible-- (1) include a voluntary opt-in program under which members of the public, as appropriate, and the entities described in subsection (c), may receive notifications on cellular devices regarding Coast Guard activities to render aid to distressed individuals under section 521 of title 14, United States Code; (2) cover areas located within the area of responsibility of 3 different Coast Guard sectors in diverse geographic regions; and (3) provide that the dissemination of an alert shall be limited to the geographic areas most likely to facilitate the rendering of aid to distressed individuals. (c) Consultation.--In developing the pilot program under subsection (a), the Commandant shall consult-- (1) the head of any relevant Federal agency; (2) the government of any relevant State; (3) any Tribal Government; (4) the government of any relevant territory or possession of the United States; and (5) any relevant political subdivision of an entity described in paragraph (2), (3), or (4). (d) Report to Congress.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter through 2026, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of this section. (2) Public availability.--The Commandant shall make the report submitted under paragraph (1) available to the public. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Commandant to carry out this section $3,000,000 for each of fiscal years 2023 through 2026, to remain available until expended. Subtitle B--Great Lakes SEC. 211. GREAT LAKES WINTER COMMERCE. (a) In General.--Subchapter IV of chapter 5 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 564. Great Lakes icebreaking operations ``(a) GAO Report.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the Coast Guard Great Lakes icebreaking program. ``(2) Elements.--The report required under paragraph (1) shall include the following: ``(A) An evaluation of the economic impact of vessel delays or cancellations associated with ice coverage on the Great Lakes. ``(B) An evaluation of mission needs of the Coast Guard Great Lakes icebreaking program. ``(C) An evaluation of the impact that the proposed standards described in subsection (b) would have on-- ``(i) Coast Guard operations in the Great Lakes; ``(ii) Northeast icebreaking missions; and ``(iii) inland waterway operations. ``(D) A fleet mix analysis for meeting such proposed standards. ``(E) A description of the resources necessary to support the fleet mix resulting from such fleet mix analysis, including for crew and operating costs. ``(F) Recommendations to the Commandant for improvements to the Great Lakes icebreaking program, including with respect to facilitating commerce and meeting all Coast Guard mission needs. ``(b) Proposed Standards for Icebreaking Operations.--The proposed standards described in this subsection are the following: ``(1) Except as provided in paragraph (2), the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 90 percent of the hours that commercial vessels and ferries attempt to transit such ice- covered waterways. ``(2) In a year in which the Great Lakes are not open to navigation because of ice of a thickness that occurs on average only once every 10 years, the Commandant shall keep ice-covered waterways in the Great Lakes open to navigation during not less than 70 percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways. ``(c) Report by Commandant.--Not later than 90 days after the date on which the Comptroller General submits the report under subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes the following: ``(1) A plan for Coast Guard implementation of any recommendation made by the Comptroller General under subparagraph (F) of subsection (a)(2) the Commandant considers appropriate. ``(2) With respect to any recommendation made under such subparagraph that the Commandant declines to implement, a justification for such decision. ``(3) A review of, and a proposed implementation plan for, the results of the fleet mix analysis under subparagraph (D) of that subsection. ``(4) Any proposed modifications to the standards for icebreaking operations in the Great Lakes. ``(d) Definitions.--In this section: ``(1) Commercial vessel.--The term `commercial vessel' means any privately owned cargo vessel operating in the Great Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary under section 14104 of such title. ``(2) Great lakes.--The term `Great Lakes' means the United States waters of Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors. ``(3) Ice-covered waterway.--The term `ice-covered waterway' means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions. ``(4) Open to navigation.--The term `open to navigation' means navigable to the extent necessary, in no particular order of priority-- ``(A) to extricate vessels and individuals from danger; ``(B) to prevent damage due to flooding; ``(C) to meet the reasonable demands of commerce; ``(D) to minimize delays to passenger ferries; and ``(E) to conduct other Coast Guard missions as required. ``(5) Reasonable demands of commerce.--The term `reasonable demands of commerce' means the safe movement of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes and appropriate to the ice capability of the commercial vessel.''. (b) Clerical Amendment.--The analysis for chapter 5 of title 14, United States Code, is amended by adding at the end the following: ``564. Great Lakes icebreaking operations.''. SEC. 212. DATABASE ON ICEBREAKING OPERATIONS IN THE GREAT LAKES. (a) In General.--The Commandant shall establish and maintain a database for collecting, archiving, and disseminating data on icebreaking operations and commercial vessel and ferry transit in the Great Lakes during ice season. (b) Elements.--The database required under subsection (a) shall include the following: (1) Attempts by commercial vessels and ferries to transit ice-covered waterways in the Great Lakes that are unsuccessful because of inadequate icebreaking. (2) The period of time that each commercial vessel or ferry was unsuccessful at so transiting due to inadequate icebreaking. (3) The amount of time elapsed before each such commercial vessel or ferry was successfully broken out of the ice and whether it was accomplished by the Coast Guard or by commercial icebreaking assets. (4) Relevant communications of each such commercial vessel or ferry with the Coast Guard and with commercial icebreaking services during such period. (5) A description of any mitigating circumstance, such as Coast Guard icebreaker diversions to higher priority missions, that may have contributed to the amount of time described in paragraph (3). (c) Voluntary Reporting.--Any reporting by operators of commercial vessels or ferries under this section shall be voluntary. (d) Public Availability.--The Commandant shall make the database available to the public on a publicly accessible internet website of the Coast Guard. (e) Consultation With Industry.--With respect to the Great Lakes icebreaking operations of the Coast Guard and the development of the database required under subsection (a), the Commandant shall consult operators of commercial vessels and ferries. (f) Definitions.--In this section: (1) Commercial vessel.--The term ``commercial vessel'' means any privately owned cargo vessel operating in the Great Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, United States Code, or an alternate tonnage measured under section 14302 of such title, as prescribed by the Secretary of the department in which the Coast Guard is operating under section 14104 of such title. (2) Great lakes.--The term ``Great Lakes'' means the United States waters of Lake Superior, Lake Michigan, Lake Huron, Lake Erie, and Lake Ontario, their connecting waterways, and their adjacent harbors. (3) Ice-covered waterway.--The term ``ice-covered waterway'' means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater covered by ice, but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions. (4) Open to navigation.--The term ``open to navigation'' means navigable to the extent necessary, in no particular order of priority-- (A) to extricate vessels and individuals from danger; (B) to prevent damage due to flooding; (C) to meet the reasonable demands of commerce; (D) to minimize delays to passenger ferries; and (E) to conduct other Coast Guard missions as required. (5) Reasonable demands of commerce.--The term ``reasonable demands of commerce'' means the safe movement of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a speed consistent with the design capability of Coast Guard icebreakers operating in the Great Lakes and appropriate to the ice capability of the commercial vessel. (g) Public Report.--Not later than July 1 after the first winter in which the Commandant is subject to the requirements of section 564 of title 14, United States Code, the Commandant shall publish on a publicly accessible internet website of the Coast Guard a report on the cost to the Coast Guard of meeting the requirements of that section. SEC. 213. GREAT LAKES SNOWMOBILE ACQUISITION PLAN. (a) In General.--The Commandant shall develop a plan to expand snowmobile procurement for Coast Guard units at which snowmobiles may improve ice rescue response times while maintaining the safety of Coast Guard personnel engaged in search and rescue. The plan must include consideration of input from Officers in Charge, Commanding Officers, and Commanders of impacted units. (b) Elements.--The plan required by subsection (a) shall include-- (1) a consideration of input from officers in charge, commanding officers, and commanders of affected Coast Guard units; (2) a detailed description of the estimated costs of procuring, maintaining, and training members of the Coast Guard at affected units to use snowmobiles; and (3) an assessment of-- (A) the degree to which snowmobiles may improve ice rescue response times while maintaining the safety of Coast Guard personnel engaged in search and rescue; (B) the operational capabilities of a snowmobile, as compared to an airboat, and a force laydown assessment with respect to the assets needed for effective operations at Coast Guard units conducting ice rescue activities; and (C) the potential risks to members of the Coast Guard and members of the public posed by the use of snowmobiles by members of the Coast Guard for ice rescue activities. (c) Public Availability.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall finalize the plan required by subsection (a) and make the plan available on a publicly accessible internet website of the Coast Guard. SEC. 214. GREAT LAKES BARGE INSPECTION EXEMPTION. Section 3302(m) of title 46, United States Code, is amended-- (1) in the matter preceding paragraph (1), by inserting ``or a Great Lakes barge'' after ``seagoing barge''; and (2) by striking ``section 3301(6) of this title'' and inserting ``paragraph (6) or (13) of section 3301 of this title''. SEC. 215. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION ASSETS TO MEET MISSION DEMANDS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on-- (1) the force laydown of Coast Guard aviation assets; and (2) any geographic gaps in coverage by Coast Guard assets in areas in which the Coast Guard has search and rescue responsibilities. (b) Elements.--The report required by subsection (a) shall include the following: (1) The distance, time, and weather challenges that MH-65 and MH-60 units may face in reaching the outermost limits of the area of operation of Coast Guard District 9 and Coast Guard District 8 for which such units are responsible. (2) An assessment of the advantages that Coast Guard fixed- wing assets, or an alternate rotary wing asset, would offer to the outermost limits of any area of operation for purposes of search and rescue, law enforcement, ice operations, and logistical missions. (3) A comparison of advantages and disadvantages of the manner in which each of the Coast Guard fixed-wing aircraft would operate in the outermost limits of any area of operation. (4) A specific assessment of the coverage gaps, including gaps in fixed-wing coverage, and potential solutions to address such gaps in the area of operation of Coast Guard District 9 and Coast Guard District 8, including the eastern region of such area of operation with regard to Coast Guard District 9 and the southern region of such area of operation with regard to Coast Guard District 8. Subtitle C--Arctic SEC. 221. ESTABLISHMENT OF THE ARCTIC SECURITY CUTTER PROGRAM OFFICE. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Commandant shall establish a program office for the acquisition of the Arctic Security Cutter to expedite the evaluation of requirements and initiate design of a vessel class critical to the national security of the United States. (b) Design Phase.--Not later than 270 days after the date of the enactment of this Act, the Commandant shall initiate the design phase of the Arctic Security Cutter vessel class. (c) Quarterly Briefings.--Not less frequently than quarterly until the date on which the contract for acquisition of the Arctic Security Cutter is awarded, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of requirements evaluations, design of the vessel, and schedule of the program. SEC. 222. ARCTIC ACTIVITIES. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (2) Arctic.--The term ``Arctic'' has the meaning given such term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111). (b) Arctic Operational Implementation Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall submit a report to the appropriate committees of Congress that describes the ability and timeline to conduct a transit of the Northern Sea Route and periodic transits of the Northwest Passage. SEC. 223. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the Arctic operations and infrastructure of the Coast Guard. (b) Elements.--The study required under subsection (a) shall assess the following: (1) The extent of the collaboration between the Coast Guard and the Department of Defense to assess, manage, and mitigate security risks in the Arctic region. (2) Actions taken by the Coast Guard to manage risks to Coast Guard operations, infrastructure, and workforce planning in the Arctic. (3) The plans the Coast Guard has in place for managing and mitigating the risks to commercial maritime operations and the environment in the Arctic region. (c) Report.--Not later than 1 year after commencing the study required under subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. Subtitle D--Maritime Cyber and Artificial Intelligence SEC. 231. ENHANCING MARITIME CYBERSECURITY. (a) Definitions.--In this section: (1) Cyber incident.--The term ``cyber incident''-- (A) means an event occurring on or conducted through a computer network that actually or imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon; and (B) includes a vulnerability in an information system, system security procedures, internal controls, or implementation that could be exploited by a threat source. (2) Maritime operators.--The term ``maritime operators'' means the owners or operators of vessels engaged in commercial service, the owners or operators of port facilities, and port authorities. (3) Significant cyber incident.--The term ``significant cyber incident'' means a cyber incident that the Secretary of Homeland Security determines is (or group of related cyber incidents that together are) likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to public confidence, civil liberties, or public health and safety of the people of the United States. (4) Port facilities.--The term ``port facilities'' has the meaning given the term ``facility'' in section 70101 of title 46. (b) Public Availability of Cybersecurity Tools and Resources.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Commandant, in coordination with the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology, shall identify and make available to the public a list of tools and resources, including the resources of the Coast Guard and the Cybersecurity and Infrastructure Security Agency, designed to assist maritime operators in identifying, detecting, protecting against, responding to, and recovering from significant cyber incidents. (2) Identification.--In carrying out paragraph (1), the Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology shall identify tools and resources that-- (A) comply with the cybersecurity framework for improving critical infrastructure established by the National Institute of Standards and Technology; or (B) use the guidelines on maritime cyber risk management issued by the International Maritime Organization on July 5, 2017 (or successor guidelines). (3) Consultation.-- (A) In general.--The Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology may consult with maritime operators, other Federal agencies, industry stakeholders, and cybersecurity experts to identify tools and resources for purposes of this section. (B) Inapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultation described in subparagraph (A) or to any other action in support of the implementation of this section. SEC. 232. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND AUTONOMOUS CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT. (a) In General.--Section 319 of title 14, United States Code, is amended to read as follows: ``Sec. 319. Unmanned system program and autonomous control and computer vision technology project ``(a) Unmanned System Program.--The Secretary shall establish, under the control of the Commandant, an unmanned system program for the use by the Coast Guard of land-based, cutter-based, and aircraft-based unmanned systems for the purpose of increasing effectiveness and efficiency of mission execution. ``(b) Autonomous Control and Computer Vision Technology Project.-- ``(1) In general.--The Commandant shall conduct a project to retrofit 2 or more existing Coast Guard small boats deployed at operational units with-- ``(A) commercially available autonomous control and computer vision technology; and ``(B) such sensors and methods of communication as are necessary to control, and technology to assist in conducting, search and rescue, surveillance, and interdiction missions. ``(2) Data collection.--As part of the project required by paragraph (1), the Commandant shall collect and evaluate field- collected operational data from the retrofit described in that paragraph so as to inform future requirements. ``(3) Briefing.--Not later than 180 days after the date on which the project required under paragraph (1) is completed, the Commandant shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the project that includes an evaluation of the data collected from the project. ``(c) Unmanned System Defined.--In this section, the term `unmanned system' means-- ``(1) an unmanned aircraft system (as defined in section 44801 of title 49, United States Code); ``(2) an unmanned marine surface system; and ``(3) an unmanned marine subsurface system. ``(d) Cost Assessment.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to Congress an estimate of the costs associated with implementing the amendments made by this section.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 14, United States Code, is amended by striking the item relating to section 319 and inserting the following: ``319. Unmanned system program and autonomous control and computer vision technology project.''. SEC. 233. ARTIFICIAL INTELLIGENCE STRATEGY. (a) Establishment of Activities.-- (1) In general.--The Commandant shall establish a set of activities to coordinate the efforts of the Coast Guard to develop and mature artificial intelligence technologies and transition such technologies into operational use where appropriate. (2) Emphasis.--The set of activities established under paragraph (1) shall-- (A) apply artificial intelligence and machine- learning solutions to operational and mission-support problems; and (B) coordinate activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Coast Guard. (b) Designated Official.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall designate a senior official of the Coast Guard (referred to in this section as the ``designated official'') with the principal responsibility for the coordination of activities relating to the development and demonstration of artificial intelligence and machine learning for the Coast Guard. (2) Duties.-- (A) Strategic plan.-- (i) In general.--The designated official shall develop a detailed strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use where appropriate. (ii) Elements.--The plan required by clause (i) shall include the following: (I) A strategic roadmap for the identification and coordination of the development and fielding of artificial intelligence technologies and key enabling capabilities. (II) The continuous evaluation and adaptation of relevant artificial intelligence capabilities developed by the Coast Guard and by other organizations for military missions and business operations. (iii) Coordination.--In developing the plan required by clause (i), the designated official shall coordinate and engage with the Secretary of Defense and the Chief Digital and Artificial Intelligence Office. (iv) Submission to commandant.--Not later than 2 years after the date of the enactment of this Act, the designated official shall submit to the Commandant the plan developed under clause (i). (B) Governance and oversight of artificial intelligence and machine learning policy.--The designated official shall regularly convene appropriate officials of the Coast Guard-- (i) to integrate the functional activities of the Coast Guard with respect to artificial intelligence and machine learning; (ii) to ensure that there are efficient and effective artificial intelligence and machine- learning capabilities throughout the Coast Guard; and (iii) to develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of artificial intelligence and machine learning throughout the Coast Guard. (c) Acceleration of Development and Fielding of Artificial Intelligence.--To the extent practicable, the Commandant, in conjunction with the Secretary of Defense and the Chief Digital and Artificial Intelligence Office, shall-- (1) use the flexibility of regulations, personnel, acquisition, partnerships with industry and academia, or other relevant policies of the Coast Guard to accelerate the development and fielding of artificial intelligence capabilities; (2) ensure engagement with defense and private industries, research universities, and unaffiliated, nonprofit research institutions; (3) provide technical advice and support to entities in the Coast Guard to optimize the use of artificial intelligence and machine-learning technologies to meet Coast Guard missions; (4) support the development of requirements for artificial intelligence capabilities that address the highest priority capability gaps of the Coast Guard and technical feasibility; (5) develop and support capabilities for technical analysis and assessment of threat capabilities based on artificial intelligence; (6) identify the workforce and capabilities needed to support the artificial intelligence capabilities and requirements of the Coast Guard; (7) develop classification guidance for all artificial intelligence-related activities of the Coast Guard; (8) work with appropriate officials to develop appropriate ethical, legal, and other policies for the Coast Guard governing the development and use of artificial intelligence- enabled systems and technologies in operational situations; and (9) ensure-- (A) that artificial intelligence programs of the Coast Guard are consistent with this section; and (B) appropriate coordination of artificial intelligence activities of the Coast Guard with interagency, industry, and international efforts relating to artificial intelligence, including relevant participation in standards-setting bodies. (d) Interim Strategic Plan.-- (1) In general.--The Commandant shall develop a strategic plan to develop, mature, adopt, and transition artificial intelligence technologies into operational use where appropriate, that is informed by the plan developed by the designated official under subsection (b)(2)(A). (2) Elements.--The plan required by paragraph (1) shall include the following: (A) Each element described in clause (ii) of subsection (b)(2)(A). (B) A consideration of the identification, adoption, and procurement of artificial intelligence technologies for use in operational and mission support activities. (3) Coordination.--In developing the plan required by paragraph (1), the Commandant shall coordinate and engage with the Secretary of Defense, the Chief Digital and Artificial Intelligence Office, defense and private industries, research universities, and unaffiliated, nonprofit research institutions. (4) Submission to congress.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the plan developed under paragraph (1). SEC. 234. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND ESTABLISHMENT OF PERFORMANCE METRICS. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Commandant shall-- (1) review the potential applications of artificial intelligence and digital technology to the platforms, processes, and operations of the Coast Guard; (2) identify the resources necessary to improve the use of artificial intelligence and digital technology in such platforms, processes, and operations; and (3) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance Objectives and Accompanying Metrics.-- (1) Skill gaps.--In carrying out subsection (a), the Commandant shall-- (A) conduct a comprehensive review and assessment of-- (i) skill gaps in the fields of software development, software engineering, data science, and artificial intelligence; (ii) the qualifications of civilian personnel needed for both management and specialist tracks in such fields; and (iii) the qualifications of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Coast Guard for skilled personnel. (2) AI modernization activities.--In carrying out subsection (a), the Commandant, with support from the Director of the Joint Artificial Intelligence Center, shall-- (A) assess investment by the Coast Guard in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Coast Guard in test and evaluation of artificial intelligence capabilities; (C) assess the integration of, and the resources necessary to better use artificial intelligence in wargames, exercises, and experimentation; (D) assess the application of, and the resources necessary to better use, artificial intelligence in logistics and sustainment systems; (E) assess the integration of, and the resources necessary to better use, artificial intelligence for administrative functions; (F) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Coast Guard; and (G) identify the resources necessary to effectively use artificial intelligence to carry out the missions of the Coast Guard. (c) Report to Congress.--Not later than 180 days after the completion of the review required by subsection (a)(1), the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on-- (1) the findings of the Commandant with respect to such review and any action taken or proposed to be taken by the Commandant, and the resources necessary to address such findings; (2) the performance objectives and accompanying metrics established under subsections (a)(3) and (b)(1)(B); and (3) any recommendation with respect to proposals for legislative change necessary to successfully implement artificial intelligence applications within the Coast Guard. SEC. 235. CYBER DATA MANAGEMENT. (a) In General.--The Commandant, in coordination with the Commander of United States Cyber Command, and the Director of the Cybersecurity and Infrastructure Security Agency, shall-- (1) develop policies, processes, and operating procedures governing-- (A) access to and the ingestion, structure, storage, and analysis of information and data relevant to the Coast Guard Cyber Mission, including-- (i) intelligence data relevant to Coast Guard missions; (ii) internet traffic, topology, and activity data relevant to such missions; and (iii) cyber threat information relevant to such missions; and (B) data management and analytic platforms relating to such missions; and (2) evaluate data management platforms referred to in paragraph (1)(B) to ensure that such platforms operate consistently with the Coast Guard Data Strategy. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes-- (1) an assessment of the progress on the activities required by subsection (a); and (2) any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to improve Coast Guard cyber data management. SEC. 236. DATA MANAGEMENT. The Commandant shall develop data workflows and processes for the leveraging of mission-relevant data by the Coast Guard to enhance operational effectiveness and efficiency. SEC. 237. STUDY ON CYBER THREATS TO THE UNITED STATES MARINE TRANSPORTATION SYSTEM. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on cyber threats to the United States marine transportation system. (b) Elements.--The study required by paragraph (1) shall assess the following: (1) The extent to which the Coast Guard, in collaboration with other Federal agencies, sets standards for the cybersecurity of facilities and vessels regulated under parts 104, 105, or 106 of title 33 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act. (2) The manner in which the Coast Guard ensures cybersecurity standards are followed by port, vessel, and facility owners and operators. (3) The extent to which maritime sector-specific planning addresses cybersecurity, particularly for vessels and offshore platforms. (4) The manner in which the Coast Guard, other Federal agencies, and vessel and offshore platform operators exchange information regarding cyber risks. (5) The extent to which the Coast Guard is developing and deploying cybersecurity specialists in port and vessel systems and collaborating with the private sector to increase the expertise of the Coast Guard with respect to cybersecurity. (6) The cyber resource and workforce needs of the Coast Guard necessary to meet future mission demands. (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit a report on the findings of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (d) Definition of Facility.--In this section the term ``facility'' has the meaning given the term in section 70101 of title 46, United States Code. Subtitle E--Aviation SEC. 241. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT: PROGRAM AUTHORIZATION AND ELIGIBLE RECIPIENTS. (a) In General.--Subchapter I of chapter 5 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 509. Space-available travel on Coast Guard aircraft ``(a)(1) The Coast Guard may establish a program to provide transportation on Coast Guard aircraft on a space-available basis to the categories of eligible individuals described in subsection (c) (in this section referred to as the `program'). ``(2) Not later than 1 year after the date on which the program is established, the Commandant shall develop a policy for its operation. ``(b)(1) The Commandant shall operate the program in a budget- neutral manner. ``(2)(A) Except as provided in subparagraph (B), no additional funds may be used, or flight hours performed, for the purpose of providing transportation under the program. ``(B) The Commandant may make de minimis expenditures of resources required for the administrative aspects of the program. ``(3) Eligible individuals described in subsection (c) shall not be required to reimburse the Coast Guard for travel provided under this section. ``(c) Subject to subsection (d), the categories of eligible individuals described in this subsection are the following: ``(1) Members of the armed forces on active duty. ``(2) Members of the Selected Reserve who hold a valid Uniformed Services Identification and Privilege Card. ``(3) Retired members of a regular or reserve component of the armed forces, including retired members of reserve components who, but for being under the eligibility age applicable under section 12731 of title 10, would be eligible for retired pay under chapter 1223 of title 10. ``(4) Subject to subsection (f), veterans with a permanent service-connected disability rated as total. ``(5) Such categories of dependents of individuals described in paragraphs (1) through (3) as the Commandant shall specify in the policy under subsection (a)(2), under such conditions and circumstances as the Commandant shall specify in such policy. ``(6) Such other categories of individuals as the Commandant, in the discretion of the Commandant, considers appropriate. ``(d) In operating the program, the Commandant shall-- ``(1) in the sole discretion of the Commandant, establish an order of priority for transportation for categories of eligible individuals that is based on considerations of military necessity, humanitarian concerns, and enhancement of morale; ``(2) give priority in consideration of transportation to the demands of members of the armed forces in the regular components and in the reserve components on active duty and to the need to provide such members, and their dependents, a means of respite from such demands; and ``(3) implement policies aimed at ensuring cost control (as required by subsection (b)) and the safety, security, and efficient processing of travelers, including limiting the benefit under the program to 1 or more categories of otherwise eligible individuals, as the Commandant considers necessary. ``(e)(1) Notwithstanding subsection (d)(1), in establishing space- available transportation priorities under the program, the Commandant shall provide transportation for an individual described in paragraph (2), and a single dependent of the individual if needed to accompany the individual, at a priority level in the same category as the priority level for an unaccompanied dependent over the age of 18 years traveling on environmental and morale leave. ``(2) Subject to paragraph (3), paragraph (1) applies with respect to an individual described in subsection (c)(3) who-- ``(A) resides in or is located in a Commonwealth or possession of the United States; and ``(B) is referred by a military or civilian primary care provider located in that Commonwealth or possession to a specialty care provider for services to be provided outside of that Commonwealth or possession. ``(3) If an individual described in subsection (c)(3) is a retired member of a reserve component who is ineligible for retired pay under chapter 1223 of title 10 by reason of being under the eligibility age applicable under section 12731 of title 10, paragraph (1) applies to the individual only if the individual is also enrolled in the TRICARE program for certain members of the Retired Reserve authorized under section 1076e of title 10. ``(4) The priority for space-available transportation required by this subsection applies with respect to-- ``(A) the travel from the Commonwealth or possession of the United States to receive the specialty care services; and ``(B) the return travel. ``(5) In this subsection, the terms `primary care provider' and `specialty care provider' refer to a medical or dental professional who provides health care services under chapter 55 of title 10. ``(f)(1) Travel may not be provided under this section to a veteran eligible for travel pursuant to paragraph (4) of subsection (c) in priority over any member eligible for travel under paragraph (1) of that subsection or any dependent of such a member eligible for travel under this section. ``(2) Subsection (c)(4) may not be construed as-- ``(A) affecting or in any way imposing on the Coast Guard, any armed force, or any commercial entity with which the Coast Guard or an armed force contracts, an obligation or expectation that the Coast Guard or such armed force will retrofit or alter, in any way, military aircraft or commercial aircraft, or related equipment or facilities, used or leased by the Coast Guard or such armed force to accommodate passengers provided travel under such authority on account of disability; or ``(B) preempting the authority of an aircraft commander to determine who boards the aircraft and any other matters in connection with safe operation of the aircraft. ``(g) The authority to provide transportation under the program is in addition to any other authority under law to provide transportation on Coast Guard aircraft on a space-available basis.''. (b) Clerical Amendment.--The analysis for subchapter I of chapter 5 of title 14, United States Code, is amended by adding at the end the following: ``509. Space-available travel on Coast Guard aircraft.''. SEC. 242. REPORT ON COAST GUARD AIR STATION BARBERS POINT HANGAR. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on facilities requirements for constructing a hangar at Coast Guard Air Station Barbers Point at Oahu, Hawaii. (b) Elements.--The report required by subsection (a) shall include the following: (1) A description of the $45,000,000 phase one design for the hangar at Coast Guard Air Station Barbers Point funded by the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 1132). (2) An evaluation of the full facilities requirements for such hangar to house, maintain, and operate the MH-65 and HC- 130J, including-- (A) storage and provision of fuel; and (B) maintenance and parts storage facilities. (3) An evaluation of facilities growth requirements for possible future basing of the MH-60 with the C-130J at Coast Guard Air Station Barbers Point. (4) A description of and cost estimate for each project phase for the construction of such hangar. (5) A description of the plan for sheltering in the hangar during extreme weather events aircraft of the Coast Guard and partner agencies, such as the National Oceanic and Atmospheric Administration. (6) A description of the risks posed to operations at Coast Guard Air Station Barbers Point if future project phases for the construction of such hangar are not funded. SEC. 243. STUDY ON THE OPERATIONAL AVAILABILITY OF COAST GUARD AIRCRAFT AND STRATEGY FOR COAST GUARD AVIATION. (a) Study.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the operational availability of Coast Guard aircraft. (2) Elements.--The study required by paragraph (1) shall include the following: (A) An assessment of -- (i) the extent to which the fixed-wing and rotary-wing aircraft of the Coast Guard have met annual operational availability targets in recent years; (ii) the challenges the Coast Guard may face with respect to such aircraft meeting operational availability targets, and the effects of such challenges on the Coast Guard's ability to meet mission requirements; and (iii) the status of Coast Guard efforts to upgrade or recapitalize its fleet of such aircraft to meet growth in future mission demands globally, such as in the Western Hemisphere, the Arctic region, and the Western Pacific region. (B) Any recommendation with respect to the operational availability of Coast Guard aircraft. (C) The resource and workforce requirements necessary for Coast Guard Aviation to meet current and future mission demands specific to each rotary-wing and fixed-wing airframe type in the current inventory of the Coast Guard. (3) Report.--On completion of the study required by paragraph (1), the Comptroller General shall submit to the Commandant a report on the findings of the study. (b) Coast Guard Aviation Strategy.-- (1) In general.--Not later than 180 days after the date on which the study under subsection (a) is completed, the Commandant shall develop a comprehensive strategy for Coast Guard Aviation that is informed by the relevant recommendations and findings of the study. (2) Elements.--The strategy required by paragraph (1) shall include the following: (A) With respect to aircraft of the Coast Guard-- (i) an analysis of-- (I) the current and future operations and future resource needs; and (II) the manner in which such future needs are integrated with the Future Vertical Lift initiatives of the Department of Defense; and (ii) an estimated timeline with respect to when such future needs will arise. (B) The projected number of aviation assets, the locations at which such assets are to be stationed, the cost of operation and maintenance of such assets, and an assessment of the capabilities of such assets as compared to the missions they are expected to execute, at the completion of major procurement and modernization plans. (C) A procurement plan, including an estimated timetable and the estimated appropriations necessary for all platforms, including unmanned aircraft. (D) A training plan for pilots and aircrew that addresses-- (i) the use of simulators owned and operated by the Coast Guard, and simulators that are not owned or operated by the Coast Guard, including any such simulators based outside the United States; and (ii) the costs associated with attending training courses. (E) Current and future requirements for cutter and land-based deployment of aviation assets globally, including in the Arctic, the Eastern Pacific, the Western Pacific, the Caribbean, the Atlantic Basin, and any other area the Commandant considers appropriate. (F) A description of the feasibility of deploying, and the resource requirements necessary to deploy, rotary-winged assets onboard all future Arctic cutter patrols. (G) An evaluation of current and future facilities needs for Coast Guard aviation units. (H) An evaluation of pilot and aircrew training and retention needs, including aviation career incentive pay, retention bonuses, and any other workforce tools the Commandant considers necessary. (3) Briefing.--Not later than 180 days after the date on which the strategy required by paragraph (1) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the strategy. Subtitle F--Workforce Readiness SEC. 251. AUTHORIZED STRENGTH. Section 3702 of title 14, United States Code, is amended by adding at the end the following: ``(c) The Secretary may vary the authorized end strength of the Selected Reserve of the Coast Guard Reserve for a fiscal year by a number equal to not more than 3 percent of such end strength upon a determination by the Secretary that such a variation is in the national interest. ``(d) The Commandant may increase the authorized end strength of the Selected Reserve of the Coast Guard Reserve by a number equal to not more than 2 percent of such authorized end strength upon a determination by the Commandant that such an increase would enhance manning and readiness in essential units or in critical specialties or ratings.''. SEC. 252. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE DUTY PROMOTION LIST. (a) Maximum Number of Officers.--Section 2103(a) of title 14, United States Code, is amended to read as follows: ``(a) Maximum Total Number.-- ``(1) In general.--The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 7,400. ``(2) Temporary increase.--Notwithstanding paragraph (1), the Commandant may temporarily increase the total number of commissioned officers permitted under that paragraph by up to 4 percent for not more than 60 days after the date of the commissioning of a Coast Guard Academy class. ``(3) Notification.--If the Commandant increases pursuant to paragraph (2) the total number of commissioned officers permitted under paragraph (1), the Commandant shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the number of officers on the active duty promotion list on the last day of the preceding 30-day period-- ``(A) not later than 30 days after such increase; and ``(B) every 30 days thereafter until the total number of commissioned officers no longer exceeds the total number of commissioned officers permitted under paragraph (1).''. (b) Officers Not on Active Duty Promotion List.-- (1) In general.--Chapter 51 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 5113. Officers not on active duty promotion list ``Not later than 60 days after the date on which the President submits to Congress a budget pursuant to section 1105(a) of title 31, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the number of Coast Guard officers who are serving at other Federal agencies on a reimbursable basis, and the number of Coast Guard officers who are serving at other Federal agencies on a non-reimbursable basis but are not on the active duty promotion list.''. (2) Clerical amendment.--The analysis for chapter 51 of title 14, United States Code, is amended by adding at the end the following: ``5113. Officers not on active duty promotion list.''. SEC. 253. CONTINUATION ON ACTIVE DUTY OF OFFICERS WITH CRITICAL SKILLS. (a) In General.--Subchapter II of chapter 21 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 2166. Continuation on active duty of officers with critical skills ``(a) In General.--The Commandant may authorize an officer in any grade above grade O-2 to remain on active duty after the date otherwise provided for the retirement of the officer in section 2154 of this title if the officer possesses a critical skill or specialty or is in a career field designated pursuant to subsection (b). ``(b) Critical Skill, Specialty, or Career Field.--The Commandant shall designate 1 or more critical skills, specialties, or career fields for purposes of subsection (a). ``(c) Duration of Continuation.--An officer continued on active duty pursuant to this section shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 40 years of active service. ``(d) Policy.--The Commandant shall carry out this section by prescribing policy that specifies the criteria to be used in designating any critical skill, specialty, or career field for purposes of subsection (b).''. (b) Clerical Amendment.--The analysis for subchapter II of chapter 21 of title 14, United States Code, is amended by adding at the end the following: ``2166. Continuation on active duty of officers with critical skills.''. SEC. 254. CAREER INCENTIVE PAY FOR MARINE INSPECTORS. (a) Authority To Provide Assignment Pay or Special Duty Pay.--The Secretary of the department in which the Coast Guard is operating may provide assignment pay or special duty pay under section 352 of title 37, United States Code, to a member of the Coast Guard serving in a prevention position and assigned as a marine inspector or marine investigator pursuant to section 312 of title 14, United States Code. (b) Annual Briefing.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on any uses of the authority under subsection (a) during the preceding year. (2) Elements.--Each briefing required by paragraph (1) shall include the following: (A) The number of members of the Coast Guard serving as marine inspectors or marine investigators pursuant to section 312 of title 14, United States Code, who are receiving assignment pay or special duty pay under section 352 of title 37, United States Code. (B) An assessment of the impact of the use of the authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and regulations for the promotion of safety of life and property on and under the high seas and waters subject to the jurisdiction of the United States. (C) An assessment of the effects of assignment pay and special duty pay on retention of marine inspectors and investigators. (D) If the authority provided in subsection (a) is not exercised, a detailed justification for not exercising such authority, including an explanation of the efforts the Secretary of the department in which the Coast Guard is operating is taking to ensure that the Coast Guard workforce contains an adequate number of qualified marine inspectors. (c) Study.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in coordination with the Director of the National Institute for Occupational Safety and Health, shall conduct a study on the health of marine inspectors and marine investigators who have served in such positions for a period of not less than least 10 years. (2) Elements.--The study required by paragraph (1) shall include the following: (A) An evaluation of-- (i) the daily vessel inspection duties of marine inspectors and marine investigators, including the examination of internal cargo tanks and voids and new construction activities; (ii) major incidents to which marine inspectors and marine investigators have had to respond, and any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine inspectors and marine investigators to hazardous chemicals or substances; and (iii) the types of hazardous chemicals or substances to which marine inspectors and marine investigators have been exposed relative to the effects such chemicals or substances have had on marine inspectors and marine investigators. (B) A review and analysis of the current Coast Guard health and safety monitoring systems, and recommendations for improving such systems, specifically with respect to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties. (C) Any other element the Secretary of the department in which the Coast Guard is operating considers appropriate. (3) Report.--On completion of the study required by paragraph (1), the Secretary of the department in which the Coast Guard is operating shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study and recommendations for actions the Commandant should take to improve the health and exposure of marine inspectors and marine investigators. (d) Termination.--The authority provided by subsection (a) shall terminate on December 31, 2027, unless the study required by subsection (c) is completed and submitted as required by that subsection. SEC. 255. EXPANSION OF THE ABILITY FOR SELECTION BOARD TO RECOMMEND OFFICERS OF PARTICULAR MERIT FOR PROMOTION. Section 2116(c)(1) of title 14, United States Code, is amended, in the second sentence, by inserting ``three times'' after ``may not exceed''. SEC. 256. PAY AND ALLOWANCES FOR CERTAIN MEMBERS OF THE COAST GUARD DURING FUNDING GAP. (a) In General.--During a funding gap, the Secretary of the Treasury shall make available to the Secretary of Homeland Security, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Homeland Security determines to be necessary to continue to provide, without interruption, during the funding gap such sums as are necessary for-- (1) pay and allowances to members of the Coast Guard, including reserve components thereof, who perform active service; (2) the payment of a death gratuity under sections 1475 through 1477 and 1489 of title 10, United States Code, with respect to members of the Coast Guard; (3) the payment or reimbursement of authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services under section 481f of title 37, United States Code, with respect to members of the Coast Guard; and (4) the temporary continuation of a basic allowance for housing for dependents of members of the Coast Guard dying on active duty, as authorized by section 403(l) of title 37, United States Code. (b) Funding Gap Defined.--In this section, the term ``funding gap'' means any period after the beginning of a fiscal year for which interim or full-year appropriations for the personnel accounts of the Coast Guard have not been enacted. SEC. 257. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM. (a) In General.--Section 2772 of title 14, United States Code, is amended to read as follows: ``Sec. 2772. Education loan repayment program: members on active duty in specified military specialties ``(a)(1) Subject to the provisions of this section, the Secretary may repay-- ``(A) any loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.); ``(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); ``(C) any loan made under part E of such title (20 U.S.C. 1087aa et seq.); or ``(D) any loan incurred for educational purposes made by a lender that is-- ``(i) an agency or instrumentality of a State; ``(ii) a financial or credit institution (including an insurance company) that is subject to examination and supervision by an agency of the United States or any State; ``(iii) a pension fund approved by the Secretary for purposes of this section; or ``(iv) a nonprofit private entity designated by a State, regulated by such State, and approved by the Secretary for purposes of this section. ``(2) Repayment of any such loan shall be made on the basis of each complete year of service performed by the borrower. ``(3) The Secretary may repay loans described in paragraph (1) in the case of any person for service performed on active duty as a member in an officer program or military specialty specified by the Secretary. ``(b) The portion or amount of a loan that may be repaid under subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for each year of service. ``(c) If a portion of a loan is repaid under this section for any year, interest on the remainder of such loan shall accrue and be paid in the same manner as is otherwise required. ``(d) Nothing in this section shall be construed to authorize refunding any repayment of a loan. ``(e) A person who transfers from service making the person eligible for repayment of loans under this section (as described in subsection (a)(3)) to service making the person eligible for repayment of loans under section 16301 of title 10 (as described in subsection (a)(2) or (g) of that section) during a year shall be eligible to have repaid a portion of such loan determined by giving appropriate fractional credit for each portion of the year so served, in accordance with regulations of the Secretary concerned. ``(f) The Secretary shall prescribe a schedule for the allocation of funds made available to carry out the provisions of this section and section 16301 of title 10 during any year for which funds are not sufficient to pay the sum of the amounts eligible for repayment under subsection (a) and section 16301(a) of title 10. ``(g) Except a person described in subsection (e) who transfers to service making the person eligible for repayment of loans under section 16301 of title 10, a member of the Coast Guard who fails to complete the period of service required to qualify for loan repayment under this section shall be subject to the repayment provisions of section 303a(e) or 373 of title 37. ``(h) The Secretary may prescribe procedures for implementing this section, including standards for qualified loans and authorized payees and other terms and conditions for making loan repayments. Such regulations may include exceptions that would allow for the payment as a lump sum of any loan repayment due to a member under a written agreement that existed at the time of a member's death or disability.''. (b) Clerical Amendment.--The analysis for subchapter III of chapter 27 of title 14, United States Code, is amended by striking the item relating to section 2772 and inserting the following: ``2772. Education loan repayment program: members on active duty in specified military specialties.''. SEC. 258. RETIREMENT OF VICE COMMANDANT. Section 303 of title 14, United States Code, is amended-- (1) by amending subsection (a)(2) to read as follows: ``(2) A Vice Commandant who is retired while serving as Vice Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as provided in section 306(d).''; and (2) in subsection (c), by striking ``or Vice Commandant'' and inserting ``or as an officer serving as Vice Commandant who has served less than 2 years as Vice Commandant''. SEC. 259. REPORT ON RESIGNATION AND RETIREMENT PROCESSING TIMES AND DENIAL. (a) In General.--Not later than 30 days after the date of the enactment of this Act, and annually thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a report that evaluates resignation and retirement processing timelines. (b) Elements.--The report required by subsection (a) shall include the following for the preceding calendar year-- (1) statistics on the number of resignations, retirements, and other separations that occurred; (2) the processing time for each action described in paragraph (1); (3) the percentage of requests for such actions that had a command endorsement; (4) the percentage of requests for such actions that did not have a command endorsement; and (5) for each denial of a request for a command endorsement and each failure to take action on such a request, a detailed description of the rationale for such denial or failure to take such action. SEC. 260. CALCULATION OF ACTIVE SERVICE. Any service in the Armed Forces described in writing, including by electronic communication, before the date of the enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3388), by a representative of the Coast Guard Personnel Service Center, as service that counts toward total active service for the purpose of retirement under section 2152 of title 14, United States Code, shall be considered by the President as active service for purposes of applying such section with respect to the determination of the retirement qualification for any officer to whom a description was provided. SEC. 261. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE REVIEW. (a) Study.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study on the Coast Guard Physical Disability Evaluation System and medical retirement procedures. (2) Elements.--The study required by paragraph (1) shall review, and provide recommendations to address, the following: (A) Coast Guard compliance with all applicable laws, regulations, and policies relating to the Physical Disability Evaluation System and the Medical Evaluation Board. (B) Coast Guard compliance with timelines set forth in-- (i) the instruction of the Commandant entitled ``Physical Disability Evaluation System'' issued on May 19, 2006 (COMDTNST M1850.2D); and (ii) the Physical Disability Evaluation System Transparency Initiative (ALCGPSC 030/ 20). (C) An evaluation of Coast Guard processes in place to ensure the availability, consistency, and effectiveness of counsel appointed by the Coast Guard Office of the Judge Advocate General to represent members of the Coast Guard undergoing an evaluation under the Physical Disability Evaluation System. (D) The extent to which the Coast Guard has and uses processes to ensure that such counsel may perform their functions in a manner that is impartial, including being able to perform their functions without undue pressure or interference by the command of the affected member of the Coast Guard, the Personnel Service Center, and the United States Coast Guard Office of the Judge Advocate General. (E) The frequency with which members of the Coast Guard seek private counsel in lieu of counsel appointed by the Coast Guard Office of the Judge Advocate General, and the frequency of so doing at each member pay grade. (F) The timeliness of determinations, guidance, and access to medical evaluations necessary for retirement or rating determinations and overall well-being of the affected member of the Coast Guard. (G) The guidance, formal or otherwise, provided by the Personnel Service Center and the Coast Guard Office of the Judge Advocate General, other than the counsel directly representing affected members of the Coast Guard, in communication with medical personnel examining members. (H) The guidance, formal or otherwise, provided by the medical professionals reviewing cases within the Physical Disability Evaluation System to affected members of the Coast Guard, and the extent to which such guidance is disclosed to the commanders, commanding officers, or other members of the Coast Guard in the chain of command of such affected members. (I) The feasibility of establishing a program to allow members of the Coast Guard to select an expedited review to ensure completion of the Medical Evaluation Board report not later than 180 days after the date on which such review was initiated. (b) Report.--The Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study conducted under subsection (a) and recommendations for improving the physical disability evaluation system process. (c) Updated Policy Guidance.-- (1) In general.--Not later than 180 days after the date on which the report under subsection (b) is submitted, the Commandant shall issue updated policy guidance in response to the findings and recommendations contained in the report. (2) Elements.--The updated policy guidance required by paragraph (1) shall include the following: (A) A requirement that a member of the Coast Guard, or the counsel of such a member, shall be informed of the contents of, and afforded the option to be present for, any communication between the member's command and the Personnel Service Center, or other Coast Guard entity, with respect to the duty status of the member. (B) An exception to the requirement described in subparagraph (A) that such a member or the counsel of the member is not required to be informed of the contents of such a communication if it is demonstrated that there is a legitimate health and safety need for the member to be excluded from such communications, supported by a medical opinion that such exclusion is necessary for the health or safety of the member, command, or any other individual. (C) An option to allow a member of the Coast Guard to initiate an evaluation by a Medical Evaluation Board if a Coast Guard healthcare provider, or other military healthcare provider, has raised a concern about the ability of the member to continue serving in the Coast Guard, in accordance with existing medical and physical disability policy. (D) An updated policy to remove the command endorsement requirement for retirement or separation unless absolutely necessary for the benefit of the United States. SEC. 262. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF CERTAIN PERSONNEL. (a) In General.--Section 2182(a) of title 14, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Officers.--Each officer of the Coast Guard shall undergo a multirater assessment before promotion to-- ``(A) the grade of O-4; ``(B) the grade of O-5; and ``(C) the grade of O-6. ``(3) Enlisted members.--Each enlisted member of the Coast Guard shall undergo a multirater assessment before advancement to-- ``(A) the grade of E-7; ``(B) the grade of E-8; ``(C) the grade of E-9; and ``(D) the grade of E-10. ``(4) Selection.--A reviewee shall not be permitted to select the peers and subordinates who provide opinions for his or her multirater assessment. ``(5) Post-assessment elements.-- ``(A) In general.--Following an assessment of an individual pursuant to paragraphs (1) through (3), the individual shall be provided appropriate post- assessment counseling and leadership coaching. ``(B) Availability of results.--The supervisor of the individual assessed shall be provided with the results of the multirater assessment.''. (b) Cost Assessment.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the appropriate committees of Congress an estimate of the costs associated with implementing the amendment made by this section. (2) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. SEC. 263. PROMOTION PARITY. (a) Information To Be Furnished.--Section 2115(a) of title 14, United States Code, is amended-- (1) in paragraph (1), by striking ``; and'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel service record of the officer under section 1745(a) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 1561 note), shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary.''. (b) Special Selection Review Boards.-- (1) In general.--Subchapter I of chapter 21 of title 14, United States Code, is amended by inserting after section 2120 the following: ``Sec. 2120a. Special selection review boards ``(a) In General.--(1) If the Secretary determines that a person recommended by a promotion board for promotion to a grade at or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse finding or conclusion described in section 2115(a)(3) of this title that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such section, the Secretary shall convene a special selection review board under this section to review the person and recommend whether the recommendation for promotion of the person should be sustained. ``(2) If a person and the recommendation for promotion of the person is subject to review under this section by a special selection review board convened under this section, the name of the person-- ``(A) shall not be disseminated or publicly released on the list of officers recommended for promotion by the promotion board recommending the promotion of the person; and ``(B) shall not be forwarded to the President or the Senate, as applicable, or included on a promotion list under section 2121 of this title. ``(b) Convening.--(1) Any special selection review board convened under this section shall be convened in accordance with the provisions of section 2120(c) of this title. ``(2) Any special selection review board convened under this section may review such number of persons, and recommendations for promotion of such persons, as the Secretary shall specify in convening such special selection review board. ``(c) Information Considered.--(1) In reviewing a person and recommending whether the recommendation for promotion of the person should be sustained under this section, a special selection review board convened under this section shall be furnished and consider the following: ``(A) The record and information concerning the person furnished in accordance with section 2115 of this title to the promotion board that recommended the person for promotion. ``(B) Any credible information of an adverse nature on the person, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry described in section 2115(a)(3) of this title. ``(2) The furnishing of information to a special selection review board under paragraph (1)(B) shall be governed by the standards and procedures referred to in section 2115 of this title. ``(3)(A) Before information on a person described in paragraph (1)(B) is furnished to a special selection review board for purposes of this section, the Secretary shall ensure that-- ``(i) such information is made available to the person; and ``(ii) subject to subparagraphs (C) and (D), the person is afforded a reasonable opportunity to submit comments on such information to the special selection review board before its review of the person and the recommendation for promotion of the person under this section. ``(B) If information on a person described in paragraph (1)(B) is not made available to the person as otherwise required by subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person's authorization for access to classified information. ``(C)(i) An opportunity to submit comments on information is not required for a person under subparagraph (A)(ii) if-- ``(I) such information was made available to the person in connection with the furnishing of such information under section 2115(a) of this title to the promotion board that recommended the promotion of the person subject to review under this section; and ``(II) the person submitted comments on such information to that promotion board. ``(ii) The comments on information of a person described in clause (i)(II) shall be furnished to the special selection review board. ``(D) A person may waive either or both of the following: ``(i) The right to submit comments to a special selection review board under subparagraph (A)(ii). ``(ii) The furnishing of comments to a special selection review board under subparagraph (C)(ii). ``(d) Consideration.--(1) In considering the record and information on a person under this section, the special selection review board shall compare such record and information with an appropriate sampling of the records of those officers who were recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling of the records of those officers who were considered by and not recommended for promotion by that promotion board. ``(2) Records and information shall be presented to a special selection review board for purposes of paragraph (1) in a manner that does not indicate or disclose the person or persons for whom the special selection review board was convened. ``(3) In considering whether the recommendation for promotion of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply standards used by the promotion board that recommended the person for promotion. ``(4) The recommendation for promotion of a person may be sustained under this section only if the special selection review board determines that the person-- ``(A) ranks on an order of merit created by the special selection review board as better qualified for promotion than the sample officer highest on the order of merit list who was considered by and not recommended for promotion by the promotion board concerned; and ``(B) is comparable in qualification for promotion to those sample officers who were recommended for promotion by that promotion board. ``(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. ``(6) If a special selection review board does not sustain a recommendation for promotion of a person under this section, the person shall be considered to have failed of selection for promotion. ``(e) Reports.--(1) Each special selection review board convened under this section shall submit to the Secretary a written report, signed by each member of the board, containing the name of each person whose recommendation for promotion it recommends for sustainment and certifying that the board has carefully considered the record and information of each person whose name was referred to it. ``(2) The provisions of section 2117(a) of this title apply to the report and proceedings of a special selection review board convened under this section in the same manner as they apply to the report and proceedings of a promotion board convened under section 2106 of this title. ``(f) Appointment of Persons.--(1) If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section, and the President approves the report, the person shall, as soon as practicable, be appointed to that grade in accordance with section 2121 of this title. ``(2) A person who is appointed to the next higher grade as described in paragraph (1) shall, upon that appointment, have the same date of rank, the same effective date for the pay and allowances of that grade, and the same position on the active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned. ``(g) Regulations.--The Secretary shall prescribe regulations to carry out this section. ``(h) Promotion Board Defined.--In this section, the term `promotion board' means a selection board convened by the Secretary under section 2106 of this title.''. (2) Clerical amendment.--The analysis for subchapter I of chapter 21 of title 14, United States Code, is amended by inserting after the item relating to section 2120 the following: ``2120a. Special selection review boards.''. (c) Availability of Information.--Section 2118 of title 14, United States Code, is amended by adding at the end the following: ``(e) If the Secretary makes a recommendation under this section that the name of an officer be removed from a report of a selection board and the recommendation is accompanied by information that was not presented to that selection board, that information shall be made available to that officer. The officer shall then be afforded a reasonable opportunity to submit comments on that information to the officials making the recommendation and the officials reviewing the recommendation. If an eligible officer cannot be given access to such information because of its classification status, the officer shall, to the maximum extent practicable, be provided with an appropriate summary of the information.''. (d) Delay of Promotion.--Section 2121(f) of title 14, United States Code, is amended to read as follows: ``(f)(1) The promotion of an officer may be delayed without prejudice if any of the following applies: ``(A) The officer is under investigation or proceedings of a court-martial or a board of officers are pending against the officer. ``(B) A criminal proceeding in a Federal or State court is pending against the officer. ``(C) The Secretary determines that credible information of an adverse nature, including a substantiated adverse finding or conclusion described in section 2115(a)(3), with respect to the officer will result in the convening of a special selection review board under section 2120a of this title to review the officer and recommend whether the recommendation for promotion of the officer should be sustained. ``(2)(A) Subject to subparagraph (B), a promotion may be delayed under this subsection until, as applicable-- ``(i) the completion of the investigation or proceedings described in subparagraph (A); ``(ii) a final decision in the proceeding described in subparagraph (B) is issued; or ``(iii) the special selection review board convened under section 2120a of this title issues recommendations with respect to the officer. ``(B) Unless the Secretary determines that a further delay is necessary in the public interest, a promotion may not be delayed under this subsection for more than one year after the date the officer would otherwise have been promoted. ``(3) An officer whose promotion is delayed under this subsection and who is subsequently promoted shall be given the date of rank and position on the active duty promotion list in the grade to which promoted that he would have held had his promotion not been so delayed.''. SEC. 264. PARTNERSHIP PROGRAM TO DIVERSIFY THE COAST GUARD. (a) Establishment.--The Commandant shall establish a program for the purpose of increasing the number of underrepresented minorities in the enlisted ranks of the Coast Guard. (b) Partnerships.--In carrying out the program established under subsection (a), the Commandant shall-- (1) seek to enter into 1 or more partnerships with eligible entities-- (A) to increase the visibility of Coast Guard careers; (B) to promote curriculum development-- (i) to enable acceptance into the Coast Guard; and (ii) to improve success on relevant exams, such as the Armed Services Vocational Aptitude Battery; and (C) to provide mentoring for students entering and beginning Coast Guard careers; and (2) enter into a partnership with an existing Junior Reserve Officers' Training Corps for the purpose of promoting Coast Guard careers. (c) Eligible Institution Defined.--In this section, the term ``eligible institution'' means-- (1) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (2) an institution that provides a level of educational attainment that is less than a bachelor's degree; (3) a part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)); (4) a Tribal College or University (as defined in section 316(b) of that Act (20 U.S.C. 1059c(b))); (5) a Hispanic-serving institution (as defined in section 502 of that Act (20 U.S.C. 1101a)); (6) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b) of that Act (20 U.S.C. 1059d(b))); (7) a Predominantly Black institution (as defined in section 371(c) of that Act (20 U.S.C. 1071q(c))); (8) an Asian American and Native American Pacific Islander- serving institution (as defined in such section); and (9) a Native American-serving nontribal institution (as defined in such section). SEC. 265. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS' TRAINING CORPS. (a) In General.--Section 320 of title 14, United States Code, is amended-- (1) by redesignating subsection (c) as subsection (d); (2) in subsection (b), by striking ``subsection (c)'' and inserting ``subsection (d)''; and (3) by inserting after subsection (b) the following: ``(c) Scope.--Beginning on December 31, 2025, the Secretary of the department in which the Coast Guard is operating shall maintain at all times a Junior Reserve Officers' Training Corps program with not fewer than 1 such program established in each Coast Guard district.''. (b) Cost Assessment.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide to Congress an estimate of the costs associated with implementing the amendments made by this section. SEC. 266. IMPROVING REPRESENTATION OF WOMEN AND RACIAL AND ETHNIC MINORITIES AMONG COAST GUARD ACTIVE-DUTY MEMBERS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, in consultation with the Advisory Board on Women at the Coast Guard Academy established under section 1904 of title 14, United States Code, and the minority outreach team program established by section 1905 of such title, the Commandant shall-- (1) determine which recommendations in the RAND representation report may practicably be implemented to promote improved representation in the Coast Guard of-- (A) women; and (B) racial and ethnic minorities; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the actions the Commandant has taken, or plans to take, to implement such recommendations. (b) Curriculum and Training.--In the case of any action the Commandant plans to take to implement recommendations described in subsection (a)(1) that relate to modification or development of curriculum and training, such modified curriculum and training shall be provided at officer and accession points and at leadership courses managed by the Coast Guard Leadership Development Center. (c) Definition of RAND Representation Report.--In this section, the term ``RAND representation report'' means the report of the Homeland Security Operational Analysis Center of the RAND Corporation entitled ``Improving the Representation of Women and Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty Members'' issued on August 11, 2021. SEC. 267. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND ACCESSION. (a) In General.--The Commandant shall develop a 10-year strategy to enhance Coast Guard diversity through recruitment and accession-- (1) at educational institutions at the high school and higher education levels; and (2) for the officer and enlisted ranks. (b) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the strategy developed under subsection (a). (2) Elements.--The report required by paragraph (1) shall include the following: (A) A description of existing Coast Guard recruitment and accession programs at educational institutions at the high school and higher education levels. (B) An explanation of the manner in which the strategy supports the Coast Guard's overall diversity and inclusion action plan. (C) A description of the manner in which existing programs and partnerships will be modified or expanded to enhance diversity in recruiting and accession at the high school and higher education levels. SEC. 268. SUPPORT FOR COAST GUARD ACADEMY. (a) In General.--Subchapter II of chapter 9 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 953. Support for Coast Guard Academy ``(a) Authority.-- ``(1) Contracts and cooperative agreements.--(A) The Commandant may enter contract and cooperative agreements with 1 or more qualified organizations for the purpose of supporting the athletic programs of the Coast Guard Academy. ``(B) Notwithstanding section 2304(k) of title 10, the Commandant may enter into such contracts and cooperative agreements on a sole source basis pursuant to section 2304(c)(5) of title 10. ``(C) Notwithstanding chapter 63 of title 31, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the Coast Guard Academy. ``(2) Financial controls.--(A) Before entering into a contract or cooperative agreement under paragraph (1), the Commandant shall ensure that the contract or agreement includes appropriate financial controls to account for the resources of the Coast Guard Academy and the qualified organization concerned in accordance with accepted accounting principles. ``(B) Any such contract or cooperative agreement shall contain a provision that allows the Commandant to review, as the Commandant considers necessary, the financial accounts of the qualified organization to determine whether the operations of the qualified organization-- ``(i) are consistent with the terms of the contract or cooperative agreement; and ``(ii) would compromise the integrity or appearance of integrity of any program of the Department of Homeland Security. ``(3) Leases.--For the purpose of supporting the athletic programs of the Coast Guard Academy, the Commandant may, consistent with section 504(a)(13), rent or lease real property located at the Coast Guard Academy to a qualified organization, except that proceeds from such a lease shall be retained and expended in accordance with subsection (f). ``(b) Support Services.-- ``(1) Authority.--To the extent required by a contract or cooperative agreement under subsection (a), the Commandant may provide support services to a qualified organization while the qualified organization conducts its support activities at the Coast Guard Academy only if the Commandant determines that the provision of such services is essential for the support of the athletic programs of the Coast Guard Academy. ``(2) No liability of the united states.--Support services may only be provided without any liability of the United States to a qualified organization. ``(3) Support services defined.--In this subsection, the term `support services' includes utilities, office furnishings and equipment, communications services, records staging and archiving, audio and video support, and security systems, in conjunction with the leasing or licensing of property. ``(c) Transfers From Nonappropriated Fund Operation.--(1) Except as provided in paragraph (2), the Commandant may, subject to the acceptance of the qualified organization concerned, transfer to the qualified organization all title to and ownership of the assets and liabilities of the Coast Guard nonappropriated fund instrumentality, the function of which includes providing support for the athletic programs of the Coast Guard Academy, including bank accounts and financial reserves in the accounts of such fund instrumentality, equipment, supplies, and other personal property. ``(2) The Commandant may not transfer under paragraph (1) any interest in real property. ``(d) Acceptance of Support From Qualified Organization.-- ``(1) In general.--Notwithstanding section 1342 of title 31, the Commandant may accept from a qualified organization funds, supplies, and services for the support of the athletic programs of the Coast Guard Academy. ``(2) Employees of qualified organization.--For purposes of this section, employees or personnel of the qualified organization may not be considered to be employees of the United States. ``(3) Funds received from ncaa.--The Commandant may accept funds from the National Collegiate Athletic Association to support the athletic programs of the Coast Guard Academy. ``(4) Limitation.--The Commandant shall ensure that contributions under this subsection and expenditure of funds pursuant to subsection (f)-- ``(A) do not reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces (as defined in section 101(a) of title 10) to carry out any responsibility or duty in a fair and objective manner; or ``(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual involved in such a program. ``(e) Trademarks and Service Marks.-- ``(1) Licensing, marketing, and sponsorship agreements.--An agreement under subsection (a) may, consistent with section 2260 of title 10 (other than subsection (d) of such section), authorize a qualified organization to enter into licensing, marketing, and sponsorship agreements relating to trademarks and service marks identifying the Coast Guard Academy, subject to the approval of the Commandant. ``(2) Limitations.--A licensing, marketing, or sponsorship agreement may not be entered into under paragraph (1) if-- ``(A) such agreement would reflect unfavorably on the ability of the Coast Guard, any employee of the Coast Guard, or any member of the armed forces to carry out any responsibility or duty in a fair and objective manner; or ``(B) the Commandant determines that the use of the trademark or service mark would compromise the integrity or appearance of integrity of any program of the Coast Guard or any individual involved in such a program. ``(f) Retention and Use of Funds.--Funds received by the Commandant under this section may be retained for use to support the athletic programs of the Coast Guard Academy and shall remain available until expended. ``(g) Service on Qualified Organization Board of Directors.--A qualified organization is a designated entity for which authorization under sections 1033(a) and 1589(a) of title 10, may be provided. ``(h) Conditions.--The authority provided in this section with respect to a qualified organization is available only so long as the qualified organization continues-- ``(1) to qualify as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and operates in accordance with this section, the law of the State of Connecticut, and the constitution and bylaws of the qualified organization; and ``(2) to operate exclusively to support the athletic programs of the Coast Guard Academy. ``(i) Qualified Organization Defined.--In this section, the term `qualified organization' means an organization-- ``(1) described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of that section; and ``(2) established by the Coast Guard Academy Alumni Association solely for the purpose of supporting Coast Guard athletics. ``Sec. 954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds ``(a) Authority.--In the case of a Coast Guard Academy mixed-funded athletic or recreational extracurricular program, the Commandant may designate funds appropriated to the Coast Guard and available for that program to be treated as nonappropriated funds and expended for that program in accordance with laws applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available until expended. ``(b) Covered Programs.--In this section, the term `Coast Guard Academy mixed-funded athletic or recreational extracurricular program' means an athletic or recreational extracurricular program of the Coast Guard Academy to which each of the following applies: ``(1) The program is not considered a morale, welfare, or recreation program. ``(2) The program is supported through appropriated funds. ``(3) The program is supported by a nonappropriated fund instrumentality. ``(4) The program is not a private organization and is not operated by a private organization.''. (b) Clerical Amendment.--The analysis for subchapter II of chapter 9 of title 14, United States Code, is amended by adding at the end the following: ``953. Support for Coast Guard Academy. ``954. Mixed-funded athletic and recreational extracurricular programs: authority to manage appropriated funds in same manner as nonappropriated funds.''. SEC. 269. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL. (a) In General.--Section 315 of title 14, United States Code, is amended to read as follows: ``Sec. 315. Training for congressional affairs personnel ``(a) In General.--The Commandant shall develop a training course, which shall be administered in person, on the workings of Congress for any member of the Coast Guard selected for a position as a fellow, liaison, counsel, administrative staff for the Coast Guard Office of Congressional and Governmental Affairs, or any Coast Guard district or area governmental affairs officer. ``(b) Course Subject Matter.-- ``(1) In general.--The training course required by this section shall provide an overview and introduction to Congress and the Federal legislative process, including-- ``(A) the congressional budget process; ``(B) the congressional appropriations process; ``(C) the congressional authorization process; ``(D) the Senate advice and consent process for Presidential nominees; ``(E) the Senate advice and consent process for treaty ratification; ``(F) the roles of Members of Congress and congressional staff in the legislative process; ``(G) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers; ``(H) the roles of Coast Guard fellows, liaisons, counsels, governmental affairs officers, the Coast Guard Office of Program Review, the Coast Guard Headquarters program offices, and any other entity the Commandant considers relevant; and ``(I) the roles and responsibilities of Coast Guard public affairs and external communications personnel with respect to Members of Congress and their staff necessary to enhance communication between Coast Guard units, sectors, and districts and Member offices and committees of jurisdiction so as to ensure visibility of Coast Guard activities. ``(2) Detail within coast guard office of budget and programs.-- ``(A) In general.--At the written request of the receiving congressional office, the training course required by this section shall include a multi-day detail within the Coast Guard Office of Budget and Programs to ensure adequate exposure to Coast Guard policy, oversight, and requests from Congress. ``(B) Nonconsecutive detail permitted.--A detail under this paragraph is not required to be consecutive with the balance of the training. ``(c) Completion of Required Training.--A member of the Coast Guard selected for a position described in subsection (a) shall complete the training required by this section before the date on which such member reports for duty for such position.''. (b) Clerical Amendment.--The analysis for chapter 3 of title 14, United States Code, is amended by striking the item relating to section 315 and inserting the following: ``315. Training for congressional affairs personnel.''. SEC. 270. STRATEGY FOR RETENTION OF CUTTERMEN. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Commandant shall publish a strategy to improve incentives to attract and retain a diverse workforce serving on Coast Guard cutters. (b) Elements.--The strategy required by subsection (a) shall include the following: (1) Policies to improve flexibility in the afloat career path, including a policy that enables members of the Coast Guard serving on Coast Guard cutters to transition between operations afloat and operations ashore assignments without detriment to their career progression. (2) A review of current officer requirements for afloat positions at each pay grade, and an assessment as to whether such requirements are appropriate or present undue limitations. (3) Strategies to improve crew comfort afloat, such as berthing modifications to accommodate all crewmembers. (4) Actionable steps to improve access to high-speed internet capable of video conference for the purposes of medical, educational, and personal use by members of the Coast Guard serving on Coast Guard cutters. (5) An assessment of the effectiveness of bonuses to attract members to serve at sea and retain talented members of the Coast Guard serving on Coast Guard cutters to serve as leaders in senior enlisted positions, department head positions, and command positions. (6) Policies to ensure that high-performing members of the Coast Guard serving on Coast Guard cutters are competitive for special assignments, postgraduate education, senior service schools, and other career-enhancing positions. SEC. 271. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS COMMAND. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the performance of the Coast Guard Force Readiness Command. (b) Elements.--The study required by subsection (a) shall include an assessment of the following: (1) The actions the Force Readiness Command has taken to develop and implement training for the Coast Guard workforce. (2) The extent to which the Force Readiness Command-- (A) has assessed performance, policy, and training compliance across Force Readiness Command headquarters and field units, and the results of any such assessment; and (B) is modifying and expanding Coast Guard training to match the future demands of the Coast Guard with respect to growth in workforce numbers, modernization of assets and infrastructure, and increased global mission demands relating to the Arctic and Western Pacific regions and cyberspace. (c) Report.--Not later than 1 year after the study required by subsection (a) commences, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. SEC. 272. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST GUARD PERSONNEL. (a) In General.--The Commandant shall conduct a study to assess whether current weapons training required for Coast Guard law enforcement and other relevant personnel is sufficient. (b) Elements.--The study required by subsection (a) shall-- (1) assess whether there is a need to improve weapons training for Coast Guard law enforcement and other relevant personnel; and (2) identify-- (A) the frequency of such training most likely to ensure adequate weapons training, proficiency, and safety among such personnel; (B) Coast Guard law enforcement and other applicable personnel who should be prioritized to receive such improved training; and (C) any challenge posed by a transition to improving such training and offering such training more frequently, and the resources necessary to address such a challenge. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study conducted under subsection (a). Subtitle G--Miscellaneous Provisions SEC. 281. BUDGETING OF COAST GUARD RELATING TO CERTAIN OPERATIONS. (a) In General.--Chapter 51 of title 14, United States Code, as amended by section 252(b), is further amended by adding at the end the following: ``Sec. 5114. Expenses of performing and executing defense readiness missions and other activities unrelated to Coast Guard missions ``The Commandant shall include in the annual budget submission of the President under section 1105(a) of title 31 a dedicated budget line item that adequately represents a calculation of the annual costs and expenditures of performing and executing all defense readiness mission activities, including-- ``(1) all expenses related to the Coast Guard's coordination, training, and execution of defense readiness mission activities in the Coast Guard's capacity as an armed force (as such term is defined in section 101 of title 10) in support of Department of Defense national security operations and activities or for any other military department or Defense Agency (as such terms are defined in such section); ``(2) costs associated with Coast Guard detachments assigned in support of the Coast Guard's defense readiness mission; and ``(3) any other related expenses, costs, or matters the Commandant considers appropriate or otherwise of interest to Congress.''. (b) Clerical Amendment.--The analysis for chapter 51 of title 14, United States Code, as amended by section 252(b), is further amended by adding at the end the following: ``5114. Expenses of performing and executing defense readiness missions or other activities unrelated to Coast Guard missions.''. SEC. 282. COAST GUARD ASSISTANCE TO UNITED STATES SECRET SERVICE. Section 6 of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note) is amended-- (1) by striking ``Executive departments'' and inserting the following: ``(a) Except as provided in subsection (b), Executive departments''; (2) by striking ``Director; except that the Department of Defense and the Coast Guard shall provide such assistance'' and inserting the following: ``Director. ``(b)(1) Subject to paragraph (2), the Department of Defense and the Coast Guard shall provide assistance described in subsection (a)''; and (3) by adding at the end the following: ``(2)(A) For fiscal year 2022, and each fiscal year thereafter, the total cost of assistance described in subsection (a) provided by the Coast Guard on a nonreimbursable basis shall not exceed $15,000,000. ``(B) The Coast Guard may provide assistance described in subsection (a) during a fiscal year in addition to the amount specified in subparagraph (A) on a reimbursable basis.''. SEC. 283. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES. (a) Transfer.--Section 914 of the Coast Guard Authorization Act of 2010 (14 U.S.C. 501 note; Public Law 111-281) is-- (1) transferred to subchapter I of chapter 5 of title 14, United States Code; (2) added at the end so as to follow section 509 of such title, as added by section 241 of this Act; (3) redesignated as section 510 of such title; and (4) amended so that the enumerator, the section heading, typeface, and typestyle conform to those appearing in other sections of title 14, United States Code. (b) Clerical Amendments.-- (1) Coast guard authorization act of 2010.--The table of contents in section 1(b) of the Coast Guard Authorization Act of 2010 (Public Law 111-281) is amended by striking the item relating to section 914. (2) Title 14.--The analysis for subchapter I of chapter 5 of title 14, United States Code, as amended by section 241 of this Act, is amended by adding at the end the following: ``510. Conveyance of Coast Guard vessels for public purposes.''. (c) Conveyance of Coast Guard Vessels for Public Purposes.--Section 510 of title 14, United States Code, as transferred and redesignated by subsection (a), is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--On request by the Commandant, the Administrator of the General Services Administration may transfer ownership of a Coast Guard vessel or aircraft to an eligible entity for educational, cultural, historical, charitable, recreational, or other public purposes if such transfer is authorized by law.''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) by inserting ``as if the request were being processed'' after ``vessels''; and (ii) by inserting ``, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2022'' after ``Code of Federal Regulations''; (B) in paragraph (2) by inserting ``, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2022'' after ``such title''; and (C) in paragraph (3), by striking ``of the Coast Guard''. SEC. 284. COAST GUARD INTELLIGENCE ACTIVITIES AND EMERGENCY AND EXTRAORDINARY EXPENSES. (a) In General.--Subject to the limitations of subsection (b) and with sums made available to the Director of the Coast Guard Counterintelligence Service, the Commandant may expend funds for human intelligence and counterintelligence activities of any confidential, emergency, or extraordinary nature that cannot be anticipated or classified. The Commandant shall certify that such expenditure was made for an object of a confidential, emergency, or extraordinary nature and such a certification is final and conclusive upon the accounting officers of the United States. A written certification by the Commandant is sufficient voucher for the expenditure. (b) Limitations.-- (1) Maximum annual amount.--For each fiscal year, the Commandant may not obligate or expend funds under subsection (a) in an amount that exceeds 5 percent of the funds made available to the Director of the Coast Guard Counterintelligence Service for such fiscal year until-- (A) the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds in excess of such amount; and (B) 15 days have elapsed since the date of the notification in accordance with subparagraph (A). (2) Requirements for expenditures in excess of $25,000.-- The Commandant may not obligate or expend funds under subsection (a) for an expenditure in excess of $25,000 until-- (A) the Commandant has notified the appropriate committees of Congress of the intent to obligate or expend the funds; and (B) 15 days have elapsed since the date of the notification in accordance with subparagraph (A). (c) Waiver.--Notwithstanding subsection (b), the Commandant may waive a requirement under such subsection if the Commandant determines that such a waiver is necessary due to extraordinary circumstances that affect the national security of the United States. If the Commandant issues a waiver under this subsection, the Commandant shall submit to the appropriate committees of Congress, by not later than 48 hours after issuing the waiver, written notice of and justification for the waiver. (d) Reports.-- (1) In general.--Not less frequently than semiannually, the Commandant shall-- (A) submit to the appropriate committees of Congress a report on all expenditures during the preceding semiannual period under subsection (a); and (B) provide a briefing to the appropriate committees of Congress on the report submitted under subparagraph (A). (2) Contents.--Each report submitted under paragraph (1)(A) shall include, for each individual expenditure covered by such report in an amount in excess of $25,000, the following: (A) A detailed description of the purpose of such expenditure. (B) The amount of such expenditure. (C) An identification of the approving authority for such expenditure. (D) A justification of why other authorities available to the Coast Guard could not be used for such expenditure. (E) Any other additional information as the Commandant considers appropriate. (e) Special Rule.--The authority of this section shall be executed in a manner that does not contravene, and is consistent with, the responsibility and authority of the Director of National Intelligence as described in sections 3023 and 3024 of title 50, United States Code. (f) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 285. TRANSFER AND CONVEYANCE. (a) In General.-- (1) Requirement.--The Commandant shall, without consideration, transfer in accordance with subsection (b) and convey in accordance with subsection (c) a parcel of the real property described in paragraph (2), including any improvements thereon, to free the Coast Guard of liability for any unforeseen environmental or remediation of substances unknown that may exist on, or emanate from, such parcel. (2) Property.--The property described in this paragraph is real property at Dauphin Island, Alabama, located at 100 Agassiz Street, and consisting of a total of approximately 35.63 acres. The exact acreage and legal description of the parcel of such property to be transferred or conveyed in accordance with subsection (b) or (c), respectively, shall be determined by a survey satisfactory to the Commandant. (b) To the Secretary of Health and Human Services.--The Commandant shall transfer, as described in subsection (a), to the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), for use by the Food and Drug Administration, custody and control of a portion, consisting of approximately 4 acres, of the parcel of real property described in such subsection, to be identified by agreement between the Commandant and the Secretary. (c) To the State of Alabama.--The Commandant shall convey, as described in subsection (a), to the Marine Environmental Sciences Consortium, a unit of the government of the State of Alabama, located at Dauphin Island, Alabama, all rights, title, and interest of the United States in and to such portion of the parcel described in such subsection that is not transferred to the Secretary under subsection (b). (d) Payments and Costs of Transfer and Conveyance.-- (1) Payments.-- (A) In general.--The Secretary shall pay costs to be incurred by the Coast Guard, or reimburse the Coast Guard for such costs incurred by the Coast Guard, to carry out the transfer and conveyance required by this section, including survey costs, appraisal costs, costs for environmental documentation related to the transfer and conveyance, and any other necessary administrative costs related to the transfer and conveyance. (B) Funds.--Notwithstanding section 780 of division B of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94), any amounts that are made available to the Secretary under such section and not obligated on the date of enactment of this Act shall be available to the Secretary for the purpose described in subparagraph (A). (2) Treatment of amounts received.--Amounts received by the Commandant as reimbursement under paragraph (1) shall be credited to the Coast Guard Housing Fund established under section 2946 of title 14, United States Code, or the account that was used to pay the costs incurred by the Coast Guard in carrying out the transfer or conveyance under this section, as determined by the Commandant, and shall be made available until expended. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. SEC. 286. TRANSPARENCY AND OVERSIGHT. (a) Notification.-- (1) In general.--Subject to subsection (b), the Secretary of the department in which the Coast Guard is operating, or the designee of the Secretary, shall notify the appropriate committees of Congress and the Coast Guard Office of Congressional and Governmental Affairs not later than 3 full business days before-- (A) making or awarding a grant allocation or grant in excess of $1,000,000; (B) making or awarding a contract, other transaction agreement, or task or delivery order on a Coast Guard multiple award contract, or issuing a letter of intent totaling more than $4,000,000; (C) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multi-year Coast Guard funds; (D) making a sole-source grant award; or (E) announcing publicly the intention to make or award an item described in subparagraph (A), (B), (C), or (D), including a contract covered by the Federal Acquisition Regulation. (2) Element.--A notification under this subsection shall include-- (A) the amount of the award; (B) the fiscal year for which the funds for the award were appropriated; (C) the type of contract; (D) an identification of the entity awarded the contract, such as the name and location of the entity; and (E) the account from which the funds are to be drawn. (b) Exception.--If the Secretary of the department in which the Coast Guard is operating determines that compliance with subsection (a) would pose a substantial risk to human life, health, or safety, the Secretary-- (1) may make an award or issue a letter described in that subsection without the notification required under that subsection; and (2) shall notify the appropriate committees of Congress not later than 5 full business days after such an award is made or letter issued. (c) Applicability.--Subsection (a) shall not apply to funds that are not available for obligation. (d) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (2) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. SEC. 287. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND FACILITIES. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Commissioner of U.S. Customs and Border Protection, shall complete a study on the safety inspection program for containers (as defined in section 80501 of title 46, United States Code) and designated waterfront facilities receiving containers. (b) Elements.--The study required by subsection (a) shall include the following: (1) An evaluation and review of such safety inspection program. (2) A determination of-- (A) the number of container inspections conducted annually by the Coast Guard during the preceding 10- year period, as compared to the number of containers moved through United States ports annually during such period; and (B) the number of qualified Coast Guard container and facility inspectors, and an assessment as to whether, during the preceding 10-year period, there have been a sufficient number of such inspectors to carry out the mission of the Coast Guard. (3) An evaluation of the training programs available to such inspectors and the adequacy of such training programs during the preceding 10-year period. (4) An assessment as to whether such training programs adequately prepare future leaders for leadership positions in the Coast Guard. (5) An identification of areas of improvement for such program in the interest of commerce and national security, and the costs associated with such improvements. (c) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study required by subsection (a), including the personnel and resource requirements necessary for such program. SEC. 288. STUDY ON MARITIME LAW ENFORCEMENT WORKLOAD REQUIREMENTS. (a) Study.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall commence a study that assesses the maritime law enforcement workload requirements of the Coast Guard. (2) Elements.--The study required by paragraph (1) shall include the following: (A) For each of the 10 years immediately preceding the date of the enactment of this Act, an analysis of-- (i) the total number of migrant interdictions, and Coast Guard sectors in which such interdictions occurred; (ii) the total number of drug interdictions, the amount and type of drugs interdicted, and the Coast Guard sectors in which such interdictions occurred; (iii) the physical assets used for drug interdictions, migrant interdictions, and other law enforcement purposes; and (iv) the total number of Coast Guard personnel who carried out drug interdictions, migrant interdictions, and other law enforcement activities. (B) An assessment of-- (i) migrant and drug interdictions and other law enforcement activities along the maritime boundaries of the United States, including the maritime boundaries of the northern and southern continental United States and Alaska; (ii) Federal policies and procedures related to immigration and asylum, and the associated impact of such policies and procedures on the activities described in clause (i), including-- (I) public health exclusion policies, such as expulsion pursuant to sections 362 and 365 of the Public Health Service Act (42 U.S.C. 265 and 268); and (II) administrative asylum processing policies, such as the remain in Mexico policy and the migrant protection protocols; (iii) increases or decreases in physical terrestrial infrastructure in and around the international borders of the United States, and the associated impact of such increases or decreases on the activities described in clause (i); and (iv) increases or decreases in physical Coast Guard assets in the areas described in clause (i), the proximity of such assets to such areas, and the associated impact of such increases or decreases on the activities described in clause (i). (b) Report.--Not later than 1 year after commencing the study required by subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. (c) Briefing.--Not later than 90 days after the date on which the report required by subsection (b) is submitted, the Commandant shall provide a briefing on the report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 289. FEASIBILITY STUDY ON CONSTRUCTION OF COAST GUARD STATION AT PORT MANSFIELD. (a) Study.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall commence a feasibility study on construction of a Coast Guard station at Port Mansfield, Texas. (2) Elements.--The study required by paragraph (1) shall include the following: (A) An assessment of the resources and workforce requirements necessary for a new Coast Guard station at Port Mansfield. (B) An identification of the enhancements to the missions and capabilities of the Coast Guard that a new Coast Guard station at Port Mansfield would provide. (C) An estimate of the life-cycle costs of such a facility, including the construction, maintenance costs, and staffing costs. (D) A cost-benefit analysis of the enhancements and capabilities provided, as compared to the costs of construction, maintenance, and staffing. (b) Report.--Not later than 180 days after commencing the study required by subsection (a), the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. SEC. 290. MODIFICATION OF PROHIBITION ON OPERATION OR PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS. Section 8414 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 14 U.S.C. 1156 note) is amended-- (1) by amending subsection (b) to read as follows: ``(b) Exemption.--The Commandant is exempt from the restriction under subsection (a) if the operation or procurement is for the purposes of-- ``(1) counter-UAS system surrogate testing and training; or ``(2) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.''; (2) by amending subsection (c) to read as follows: ``(c) Waiver.--The Commandant may waive the restriction under subsection (a) on a case-by-case basis by certifying in writing not later than 15 days after exercising such waiver to the Department of Homeland Security, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that the operation or procurement of a covered unmanned aircraft system is required in the national interest of the United States.''; (3) in subsection (d)-- (A) by amending paragraph (1) to read as follows: ``(1) Covered foreign country.--The term `covered foreign country' means any of the following: ``(A) The People's Republic of China. ``(B) The Russian Federation. ``(C) The Islamic Republic of Iran. ``(D) The Democratic People's Republic of Korea.''; and (B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (C) by inserting after paragraph (1) the following: ``(2) Covered unmanned aircraft system.--The term `covered unmanned aircraft system' means-- ``(A) an unmanned aircraft system described in paragraph (1) of subsection (a); and ``(B) a system described in paragraph (2) of that subsection.''; and (D) in paragraph (4), as redesignated, by inserting ``, and any related services and equipment'' after ``United States Code''; and (4) by adding at the end the following: ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to the Commandant $2,700,000 to replace covered unmanned aircraft systems. ``(2) Replacement.--Not later than 90 days after the date of the enactment of this Act, the Commandant shall replace covered unmanned aircraft systems of the Coast Guard with unmanned aircraft systems manufactured in the United States or an allied country (as that term is defined in section 2350f(d)(1) of title 10, United States Code).''. SEC. 291. OPERATIONAL DATA SHARING REPOSITORY. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating (referred to in this section as the ``Secretary'') shall, consistent with the ongoing Integrated Multi- Domain Enterprise joint effort by the Department of Homeland Security and the Department of Defense, establish a secure, centralized, electronic repository to allow real-time, or near real-time, data and information sharing between U.S. Customs and Border Protection and the Coast Guard for purposes of maritime boundary domain awareness and enforcement activities along the maritime boundaries of the United States, including the maritime boundaries in the northern and southern continental United States and Alaska. (b) Priority.--In establishing the repository under subsection (a), the Secretary shall prioritize enforcement areas experiencing the highest levels of enforcement activity. (c) Requirements.--The repository established under subsection (a) shall be sufficient for the secure sharing of data, information, and surveillance necessary for operational missions, including data from governmental assets, irrespective of whether an asset belongs to the Coast Guard, U.S. Customs and Border Protection, or any other partner agency, located in and around mission operation areas. (d) Elements.--The Commissioner of U.S. Customs and Border Protection and the Commandant shall jointly-- (1) assess and delineate the types and quality of data sharing needed to meet the respective operational missions of U.S. Customs and Border Protection and the Coast Guard, including video surveillance, seismic sensors, infrared detection, space-based remote sensing, and any other data or information necessary; (2) develop appropriate requirements and processes for the credentialing of personnel of U.S. Customs and Border Protection and personnel of the Coast Guard to access and use the repository established under subsection (a); and (3) establish a cost-sharing agreement for the long-term operation and maintenance of the repository and the assets that provide data to the repository. (e) Rule of Construction.--Nothing in this section may be construed to authorize the Coast Guard, U.S. Customs and Border Protection, or any other partner agency to acquire, share, or transfer personal information relating to an individual in violation of any Federal or State law or regulation. SEC. 292. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM FOR COAST GUARD STATION SOUTH PADRE ISLAND. Subject to the availability of appropriations, the Secretary of the department in which the Coast Guard is operating shall procure not fewer than 1 tethered aerostat radar system, or similar technology, for use by the Coast Guard and other partner agencies, including U.S. Customs and Border Protection, at and around Coast Guard Station South Padre Island. SEC. 293. ASSESSMENT OF IRAN SANCTIONS RELIEF ON COAST GUARD OPERATIONS UNDER THE JOINT COMPREHENSIVE PLAN OF ACTION. Not later than 1 year after the date of the enactment of this Act, the Commandant, in consultation with the Director of the Defense Intelligence Agency and the Commander of United States Central Command, shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, in an unclassified setting with a classified component if necessary, on-- (1) the extent to which the Commandant assesses Iran would use sanctions relief received by Iran under the Joint Comprehensive Plan of Action to bolster Iran's support for Iranian forces or Iranian-linked groups across the Middle East in a manner that may impact Coast Guard personnel and operations in the Middle East; and (2) the Coast Guard requirements for deterring and countering increased malign behavior from such groups with respect to activities under the jurisdiction of the Coast Guard. SEC. 294. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN. Not later than 2 years after the date of the enactment of this Act, the Commandant, in consultation with the Comptroller General of the United States, shall submit to Congress a report that analyzes the shipyards of Finland and Sweden to assess future opportunities for technical assistance related to engineering to aid the Coast Guard in fulfilling its future mission needs. SEC. 295. COAST GUARD SPECTRUM AUDIT. (a) Definition.--In this section, the term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (b) Audit and Report.--Not later than 3 years after the date of enactment of this Act, the Assistant Secretary and the Secretary of Homeland Security, in consultation with the Commandant, shall jointly-- (1) conduct an audit of the electromagnetic spectrum that is assigned or otherwise allocated to the Coast Guard as of the date of the audit; and (2) submit to Congress, and make available to each Member of Congress upon request, a report containing the results of the audit conducted under paragraph (1). (c) Contents of Report.--The Assistant Secretary and the Secretary of Homeland Security shall include in the report submitted under subsection (b)(2), with respect to the electromagnetic spectrum that is assigned or otherwise allocated to the Coast Guard as of the date of the audit-- (1) each particular band of spectrum being used by the Coast Guard; (2) a description of each purpose for which a particular band described in paragraph (1) is being used, and how much of the band is being used for that purpose; (3) the State or other geographic area in which a particular band described in paragraph (1) is assigned or allocated for use; (4) whether a particular band described in paragraph (1) is used exclusively by the Coast Guard or shared with another Federal entity or a non-Federal entity; and (5) any portion of the spectrum that is not being used by the Coast Guard. (d) Form of Report.--The report required under subsection (b)(2) shall be submitted in unclassified form but may include a classified annex. SEC. 296. PROHIBITION ON CONSTRUCTION CONTRACTS WITH ENTITIES ASSOCIATED WITH THE CHINESE COMMUNIST PARTY. (a) In General.--The Commandant may not award any contract for new construction until the date on which the Commandant provides to Congress a certification that the other party has not, during the 10- year period preceding the planned date of award, directly or indirectly held an economic interest in an entity that is-- (1) owned or controlled by the People's Republic of China; and (2) part of the defense industry of the Chinese Communist Party. (b) Inapplicability to Taiwan.--Subsection (a) shall not apply with respect to an economic interest in an entity owned or controlled by Taiwan. SEC. 297. REVIEW OF DRUG INTERDICTION EQUIPMENT AND STANDARDS; TESTING FOR FENTANYL DURING INTERDICTION OPERATIONS. (a) Review.-- (1) In general.--The Commandant, in consultation with the Administrator of the Drug Enforcement Administration and the Secretary of Health and Human Services, shall-- (A) conduct a review of-- (i) the equipment, testing kits, and rescue medications used to conduct Coast Guard drug interdiction operations; and (ii) the safety and training standards, policies, and procedures with respect to such operations; and (B) determine whether the Coast Guard is using the latest equipment and technology and up-to-date training and standards for recognizing, handling, testing, and securing illegal drugs, fentanyl, synthetic opioids, and precursor chemicals during such operations. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the appropriate committees of Congress a report on the results of the review conducted under paragraph (1). (3) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives. (b) Requirement.--If, as a result of the review required by subsection (a), the Commandant determines that the Coast Guard is not using the latest equipment and technology and up-to-date training and standards for recognizing, handling, testing, and securing illegal drugs, fentanyl, synthetic opioids, and precursor chemicals during drug interdiction operations, the Commandant shall ensure that the Coast Guard acquires and uses such equipment and technology, carries out such training, and implements such standards. (c) Testing for Fentanyl.--The Commandant shall ensure that Coast Guard drug interdiction operations include the testing of substances encountered during such operations for fentanyl, as appropriate. SEC. 298. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY MIGRANT INTERDICTIONS. Not later than the 15th day of each month, the Commandant shall make available to the public on an internet website of the Coast Guard the number of migrant interdictions carried out by the Coast Guard during the preceding month. TITLE III--ENVIRONMENT SEC. 301. DEFINITION OF SECRETARY. Except as otherwise specifically provided, in this title, the term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating. Subtitle A--Marine Mammals SEC. 311. DEFINITIONS. In this subtitle: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives. (2) Core foraging habitats.--The term ``core foraging habitats'' means areas-- (A) with biological and physical oceanographic features that aggregate Calanus finmarchicus; and (B) where North Atlantic right whales foraging aggregations have been well documented. (3) Exclusive economic zone.--The term ``exclusive economic zone'' has the meaning given that term in section 107 of title 46, United States Code. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Large cetacean.--The term ``large cetacean'' means all endangered or threatened species within-- (A) the suborder Mysticeti; (B) the genera Physeter; or (C) the genera Orcinus. (6) Near real-time.--The term ``near real-time'', with respect to monitoring of whales, means that visual, acoustic, or other detections of whales are processed, transmitted, and reported as close to the time of detection as is technically feasible. (7) Nonprofit organization.--The term ``nonprofit organization'' means an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (8) Puget sound region.--The term ``Puget Sound region'' means the Vessel Traffic Service Puget Sound area described in section 161.55 of title 33, Code of Federal Regulations (as of the date of the enactment of this Act). (9) Tribal government.--The term ``Tribal government'' 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 the enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (10) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for Oceans and Atmosphere. SEC. 312. ASSISTANCE TO PORTS TO REDUCE THE IMPACTS OF VESSEL TRAFFIC AND PORT OPERATIONS ON MARINE MAMMALS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Secretary, the Secretary of Defense, and the Administrator of the Maritime Administration, shall establish a grant program to provide assistance to eligible entities to develop and implement mitigation measures that will lead to a quantifiable reduction in threats to marine mammals from vessel traffic, including shipping activities and port operations. (b) Eligible Entities.--An entity is an eligible entity for purposes of assistance awarded under subsection (a) if the entity is-- (1) a port authority for a port; (2) a State, regional, local, or Tribal government, or an Alaska Native or Native Hawaiian entity that has jurisdiction over a maritime port authority or a port; (3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or (4) a consortium of entities described in paragraphs (1), (2), and (3). (c) Eligible Uses.--Assistance awarded under subsection (a) may be used to develop, assess, and carry out activities that reduce threats to marine mammals by-- (1) reducing underwater stressors related to marine traffic; (2) reducing mortality and serious injury from vessel strikes and other physical disturbances; (3) monitoring sound; (4) reducing vessel interactions with marine mammals; (5) conducting other types of monitoring that are consistent with reducing the threats to, and enhancing the habitats of, marine mammals; or (6) supporting State agencies and Tribal governments in developing the capacity to receive assistance under this section through education, training, information sharing, and collaboration to participate in the grant program under this section. (d) Priority.--The Under Secretary shall prioritize assistance under subsection (a) for projects that-- (1) are based on the best available science with respect to methods to reduce threats to marine mammals; (2) collect data on the reduction of such threats and the effects of such methods; (3) assist ports that pose a higher relative threat to marine mammals listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (4) are in close proximity to areas in which threatened or endangered cetaceans are known to experience other stressors; or (5) allow eligible entities to conduct risk assessments and to track progress toward threat reduction. (e) Outreach.--The Under Secretary, in coordination with the Secretary, the Administrator of the Maritime Administration, and the Director of the United States Fish and Wildlife Service, as appropriate, shall conduct coordinated outreach to ports to provide information with respect to-- (1) how to apply for assistance under subsection (a); (2) the benefits of such assistance; and (3) facilitation of best practices and lessons, including the best practices and lessons learned from activities carried out using such assistance. (f) Report Required.--Not less frequently than annually, the Under Secretary shall make available to the public on a publicly accessible internet website of the National Oceanic and Atmospheric Administration a report that includes the following information: (1) The name and location of each entity to which assistance was awarded under subsection (a) during the year preceding submission of the report. (2) The amount of each such award. (3) A description of the activities carried out with each such award. (4) An estimate of the likely impact of such activities on the reduction of threats to marine mammals. (5) An estimate of the likely impact of such activities, including the cost of such activities, on port operations. (g) Funding.--From funds otherwise appropriated to the Under Secretary, $10,000,000 is authorized to carry out this section for each of fiscal years 2023 through 2028. (h) Savings Clause.--An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. SEC. 313. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE CETACEANS. (a) Establishment.--The Under Secretary, in coordination with the heads of other relevant Federal agencies, shall design and deploy a cost-effective, efficient, and results-oriented near real-time monitoring and mitigation program for endangered or threatened cetaceans (referred to in this section as the ``Program''). (b) Purpose.--The purpose of the Program shall be to reduce the risk to large cetaceans posed by vessel collisions, and to minimize other impacts on large cetaceans, through the use of near real-time location monitoring and location information. (c) Requirements.--The Program shall-- (1) prioritize species of large cetaceans for which impacts from vessel collisions are of particular concern; (2) prioritize areas where such impacts are of particular concern; (3) be capable of detecting and alerting ocean users and enforcement agencies of the probable location of large cetaceans on an actionable real-time basis, including through real-time data whenever possible; (4) inform sector-specific mitigation protocols to effectively reduce takes (as defined in section 216.3 of title 50, Code of Federal Regulations, or successor regulations) of large cetaceans; (5) integrate technology improvements; and (6) be informed by technologies, monitoring methods, and mitigation protocols developed under the pilot project required by subsection (d). (d) Pilot Project.-- (1) Establishment.--In carrying out the Program, the Under Secretary shall first establish a pilot monitoring and mitigation project for North Atlantic right whales (referred to in this section as the ``pilot project'') for the purposes of informing the Program. (2) Requirements.--In designing and deploying the pilot project, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall, using the best available scientific information, identify and ensure coverage of-- (A) core foraging habitats; and (B) important feeding, breeding, calving, rearing, or migratory habitats of North Atlantic right whales that co-occur with areas of high risk of mortality or serious injury of such whales from vessels, vessel strikes, or disturbance. (3) Components.--Not later than 3 years after the date of the enactment of this Act, the Under Secretary, in consultation with relevant Federal agencies and Tribal governments, and with input from affected stakeholders, shall design and deploy a near real-time monitoring system for North Atlantic right whales that-- (A) comprises the best available detection power, spatial coverage, and survey effort to detect and localize North Atlantic right whales within habitats described in paragraph (2); (B) is capable of detecting North Atlantic right whales, including visually and acoustically; (C) uses dynamic habitat suitability models to inform the likelihood of North Atlantic right whale occurrence in habitats described in paragraph (2) at any given time; (D) coordinates with the Integrated Ocean Observing System of the National Oceanic and Atmospheric Administration and Regional Ocean Partnerships to leverage monitoring assets; (E) integrates historical data; (F) integrates new near real-time monitoring methods and technologies as such methods and technologies become available; (G) accurately verifies and rapidly communicates detection data to appropriate ocean users; (H) creates standards for contributing, and allows ocean users to contribute, data to the monitoring system using comparable near real-time monitoring methods and technologies; (I) communicates the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision making regarding the mitigation of those risks; and (J) minimizes additional stressors to large cetaceans as a result of the information available to ocean users. (4) Reports.-- (A) Preliminary report.-- (i) In general.--Not later than 2 years after the date of the enactment of this Act, the Under Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a preliminary report on the pilot project. (ii) Elements.--The report required by clause (i) shall include the following: (I) A description of the monitoring methods and technology in use or planned for deployment under the pilot project. (II) An analysis of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales. (III) An assessment of the manner in which the monitoring system designed and deployed under paragraph (3) is directly informing and improving the management, health, and survival of North Atlantic right whales. (IV) A prioritized identification of technology or research gaps. (V) A plan to communicate the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision making regarding the mitigation of such risks. (VI) Any other information on the potential benefits and efficacy of the pilot project the Under Secretary considers appropriate. (B) Final report.-- (i) In general.--Not later than 6 years after the date of the enactment of this Act, the Under Secretary, in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, and make available to the public, a final report on the pilot project. (ii) Elements.--The report required by clause (i) shall-- (I) address the elements under subparagraph (A)(ii); and (II) include-- (aa) an assessment of the benefits and efficacy of the pilot project; (bb) a strategic plan to expand the pilot project to provide near real-time monitoring and mitigation measures-- (AA) to additional large cetaceans of concern for which such measures would reduce risk of serious injury or death; and (BB) in important feeding, breeding, calving, rearing, or migratory habitats of large cetaceans that co-occur with areas of high risk of mortality or serious injury from vessel strikes or disturbance; (cc) a budget and description of funds necessary to carry out such strategic plan; (dd) a prioritized plan for acquisition, deployment, and maintenance of monitoring technologies; and (ee) the locations or species to which such plan would apply. (e) Mitigation Protocols.--The Under Secretary, in consultation with the Secretary, the Secretary of Defense, the Secretary of Transportation, and the Secretary of the Interior, and with input from affected stakeholders, shall develop and deploy mitigation protocols that make use of the monitoring system designed and deployed under subsection (d)(3) to direct sector-specific mitigation measures that avoid and significantly reduce risk of serious injury and mortality to North Atlantic right whales. (f) Access to Data.--The Under Secretary shall provide access to data generated by the monitoring system designed and deployed under subsection (d)(3) for purposes of scientific research and evaluation and public awareness and education, including through the Right Whale Sighting Advisory System of the National Oceanic and Atmospheric Administration and WhaleMap or other successor public internet website portals, subject to review for national security considerations. (g) Additional Authority.--The Under Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this section on such terms as the Under Secretary considers appropriate, consistent with the Federal Acquisition Regulation. (h) Savings Clause.--An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. (i) Funding.--From funds otherwise appropriated to the Under Secretary, $5,000,000 for each of fiscal years 2023 through 2027 is authorized to support the development, deployment, application, and ongoing maintenance of the Program. SEC. 314. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR PUGET SOUND REGION. (a) Establishment.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary, with the concurrence of the Under Secretary, shall establish a pilot program to establish a Cetacean Desk, which shall be-- (A) located and manned within the Puget Sound Vessel Traffic Service; and (B) designed-- (i) to improve coordination with the maritime industry to reduce the risk of vessel impacts to large cetaceans, including impacts from vessel strikes, disturbances, and other sources; and (ii) to monitor the presence and location of large cetaceans during the months during which such large cetaceans are present in Puget Sound, the Strait of Juan de Fuca, and the United States portion of the Salish Sea. (2) Duration and staffing.--The pilot program required by paragraph (1)-- (A) shall-- (i) be for a duration of 4 years; and (ii) require not more than 1 full-time equivalent position, who shall also contribute to other necessary Puget Sound Vessel Traffic Service duties and responsibilities as needed; and (B) may be supported by other existing Federal employees, as appropriate. (b) Engagement With Vessel Operators.-- (1) In general.--Under the pilot program required by subsection (a), the Secretary shall require personnel of the Cetacean Desk to engage with vessel operators in areas where large cetaceans have been seen or could reasonably be present to ensure compliance with applicable laws, regulations, and voluntary guidance, to reduce the impact of vessel traffic on large cetaceans. (2) Contents.--In engaging with vessel operators as required by paragraph (1), personnel of the Cetacean Desk shall communicate where and when sightings of large cetaceans have occurred. (c) Memorandum of Understanding.--The Secretary and the Under Secretary may enter into a memorandum of understanding to facilitate real-time sharing of data relating to large cetaceans between the Quiet Sound program of the State of Washington, the National Oceanic and Atmospheric Administration, and the Puget Sound Vessel Traffic Service, and other relevant entities, as appropriate. (d) Data.--The Under Secretary shall leverage existing data collection methods, the Program required by section 313, and public data to ensure accurate and timely information on the sighting of large cetaceans. (e) Consultations.-- (1) In general.--In carrying out the pilot program required by subsection (a), the Secretary shall consult with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations. (2) Coordination with canada.--When appropriate, the Secretary shall coordinate with the Government of Canada, consistent with policies and agreements relating to management of vessel traffic in Puget Sound. (f) Puget Sound Vessel Traffic Service Local Variance and Policy.-- The Secretary, with the concurrence of the Under Secretary and in consultation with the Captain of the Port for the Puget Sound region-- (1) shall implement local variances, as authorized by subsection (c) of section 70001 of title 46, United States Code, to reduce the impact of vessel traffic on large cetaceans; and (2) may enter into cooperative agreements, in accordance with subsection (d) of that section, with Federal, State, and local officials to reduce the likelihood of vessel interactions with protected large cetaceans, which may include-- (A) communicating marine mammal protection guidance to vessels; (B) training on requirements imposed by local, State, Tribal, and Federal laws and regulations and guidelines concerning-- (i) vessel buffer zones; (ii) vessel speed; (iii) seasonal no-go zones for vessels; (iv) protected areas, including areas designated as critical habitat, as applicable to marine operations; and (v) any other activities to reduce the direct and indirect impact of vessel traffic on large cetaceans; (C) training to understand, utilize, and communicate large cetacean location data; and (D) training to understand and communicate basic large cetacean detection, identification, and behavior, including-- (i) cues of the presence of large cetaceans such as spouts, water disturbances, breaches, or presence of prey; (ii) important feeding, breeding, calving, and rearing habitats that co-occur with areas of high risk of vessel strikes; (iii) seasonal large cetacean migration routes that co-occur with areas of high risk of vessel strikes; and (iv) areas designated as critical habitat for large cetaceans. (g) Report Required.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter for the duration of the pilot program under this section, the Commandant, in coordination with the Under Secretary and the Administrator of the Maritime Administration, shall submit to the appropriate congressional committees a report that-- (1) evaluates the functionality, utility, reliability, responsiveness, and operational status of the Cetacean Desk established under the pilot program required by subsection (a), including a quantification of reductions in vessel strikes to large cetaceans as a result of the pilot program; (2) assesses the efficacy of communication between the Cetacean Desk and the maritime industry and provides recommendations for improvements; (3) evaluates the integration and interoperability of existing data collection methods, as well as public data, into the Cetacean Desk operations; (4) assesses the efficacy of collaboration and stakeholder engagement with Tribal governments, the State of Washington, institutions of higher education, the maritime industry, ports in the Puget Sound region, and nongovernmental organizations; and (5) evaluates the progress, performance, and implementation of guidance and training procedures for Puget Sound Vessel Traffic Service personnel. SEC. 315. MONITORING OCEAN SOUNDSCAPES. (a) In General.--The Under Secretary shall maintain and expand an ocean soundscape development program-- (1) to award grants to expand the deployment of Federal and non-Federal observing and data management systems capable of collecting measurements of underwater sound for purposes of monitoring and analyzing baselines and trends in the underwater soundscape to protect and manage marine life; (2) to continue to develop and apply standardized forms of measurements to assess sounds produced by marine animals, physical processes, and anthropogenic activities; and (3) after coordinating with the Secretary of Defense, to coordinate and make accessible to the public the datasets, modeling and analysis, and user-driven products and tools resulting from observations of underwater sound funded through grants awarded under paragraph (1). (b) Coordination.--The program described in subsection (a) shall-- (1) include the Ocean Noise Reference Station Network of the National Oceanic and Atmospheric Administration and the National Park Service; (2) use and coordinate with the Integrated Ocean Observing System; and (3) coordinate with the Regional Ocean Partnerships and the Director of the United States Fish and Wildlife Service, as appropriate. (c) Priority.--In awarding grants under subsection (a), the Under Secretary shall consider the geographic diversity of the recipients of such grants. (d) Savings Clause.--An activity may not be carried out under this section if the Secretary of Defense, in consultation with the Under Secretary, determines that the activity would negatively impact the defense readiness or the national security of the United States. (e) Funding.--From funds otherwise appropriated to the Under Secretary, $1,500,000 is authorized for each of fiscal years 2023 through 2028 to carry out this section. Subtitle B--Oil Spills SEC. 321. IMPROVING OIL SPILL PREPAREDNESS. The Under Secretary of Commerce for Oceans and Atmosphere shall include in the Automated Data Inquiry for Oil Spills database (or a successor database) used by National Oceanic and Atmospheric Administration oil weathering models new data, including peer-reviewed data, on properties of crude and refined oils, including data on diluted bitumen, as such data becomes publicly available. SEC. 322. WESTERN ALASKA OIL SPILL PLANNING CRITERIA. (a) Alaska Oil Spill Planning Criteria Program.-- (1) In general.--Chapter 3 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 323. Western Alaska Oil Spill Planning Criteria Program ``(a) Establishment.--There is established within the Coast Guard a Western Alaska Oil Spill Planning Criteria Program (referred to in this section as the `Program') to develop and administer the Western Alaska oil spill planning criteria. ``(b) Program Manager.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Commandant shall select a permanent civilian career employee through a competitive search process for a term of not less than 5 years to serve as the Western Alaska Oil Spill Criteria Program Manager (referred to in this section as the `Program Manager')-- ``(A) the primary duty of whom shall be to administer the Program; and ``(B) who shall not be subject to frequent or routine reassignment. ``(2) Conflicts of interest.--The individual selected to serve as the Program Manager shall not have conflicts of interest relating to entities regulated by the Coast Guard. ``(3) Duties.-- ``(A) Development of guidance.--The Program Manager shall develop guidance for-- ``(i) approval, drills, and testing relating to the Western Alaska oil spill planning criteria; and ``(ii) gathering input concerning such planning criteria from Federal agencies, State, local, and Tribal governments, and relevant industry and nongovernmental entities. ``(B) Assessments.--Not less frequently than once every 5 years, the Program Manager shall-- ``(i) assess whether such existing planning criteria adequately meet the needs of vessels operating in the geographic area; and ``(ii) identify methods for advancing response capability so as to achieve, with respect to a vessel, compliance with national planning criteria. ``(C) Onsite verifications.--The Program Manager shall address the relatively small number and limited nature of verifications of response capabilities for vessel response plans by increasing, within the Seventeenth Coast Guard District, the quantity and frequency of onsite verifications of the providers identified in vessel response plans. ``(c) Training.--The Commandant shall enhance the knowledge and proficiency of Coast Guard personnel with respect to the Program by-- ``(1) developing formalized training on the Program that, at a minimum-- ``(A) provides in-depth analysis of-- ``(i) the national planning criteria described in part 155 of title 33, Code of Federal Regulations (or successor regulations); ``(ii) alternative planning criteria; ``(iii) Western Alaska oil spill planning criteria; ``(iv) Captain of the Port and Federal On- Scene Coordinator authorities related to activation of a vessel response plan; ``(v) the responsibilities of vessel owners and operators in preparing a vessel response plan for submission; and ``(vi) responsibilities of the Area Committee, including risk analysis, response capability, and development of alternative planning criteria; ``(B) explains the approval processes of vessel response plans that involve alternative planning criteria or Western Alaska oil spill planning criteria; and ``(C) provides instruction on the processes involved in carrying out the actions described in paragraphs (9)(D) and (9)(F) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)), including instruction on carrying out such actions-- ``(i) in any geographic area in the United States; and ``(ii) specifically in the Seventeenth Coast Guard District; and ``(2) providing such training to all Coast Guard personnel involved in the Program. ``(d) Definitions.--In this section: ``(1) Alternative planning criteria.--The term `alternative planning criteria' means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (or successor regulations), for vessel response plans. ``(2) Tribal.--The term `Tribal' means of or pertaining to an Indian Tribe or a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). ``(3) Vessel response plan.--The term `vessel response plan' means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)). ``(4) Western alaska oil spill planning criteria.--The term `Western Alaska oil spill planning criteria' means the criteria required under paragraph (9) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)).''. (2) Clerical amendment.--The analysis for chapter 3 of title 14, United States Code, is amended by adding at the end the following: ``323. Western Alaska Oil Spill Planning Criteria Program.''. (b) Western Alaska Oil Spill Planning Criteria.-- (1) Amendment.--Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the following: ``(9) Alternative planning criteria program.-- ``(A) Definitions.--In this paragraph: ``(i) Alternative planning criteria.--The term `alternative planning criteria' means criteria submitted under section 155.1065 or 155.5067 of title 33, Code of Federal Regulations (or successor regulations), for vessel response plans. ``(ii) Prince william sound captain of the port zone.--The term `Prince William Sound Captain of the Port Zone' means the area described in section 3.85-15(b) of title 33, Code of Federal Regulations (or successor regulations). ``(iii) Secretary.--The term `Secretary' means the Secretary of the department in which the Coast Guard is operating. ``(iv) Tribal.--The term `Tribal' means of or pertaining to an Indian Tribe or a Tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). ``(v) Vessel response plan.--The term `vessel response plan' means a plan required to be submitted by the owner or operator of a tank vessel or a nontank vessel under regulations issued by the President under paragraph (5). ``(vi) Western alaska captain of the port zone.--The term `Western Alaska Captain of the Port Zone' means the area described in section 3.85-15(a) of title 33, Code of Federal Regulations (as in effect on the date of enactment of this paragraph). ``(B) Requirement.--Except as provided in subparagraph (I), for any part of the area of responsibility of the Western Alaska Captain of the Port Zone or the Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area, a response plan required under paragraph (5) with respect to a discharge of oil for such a vessel shall comply with the planning criteria established under subparagraph (D)(i). ``(C) Relation to national planning criteria.--The planning criteria established under subparagraph (D)(i) shall, with respect to a discharge of oil from a vessel described in subparagraph (B), apply in lieu of any alternative planning criteria accepted for vessels operating in that area prior to the date on which the planning criteria under subparagraph (D)(i) are established. ``(D) Establishment of planning criteria.--The President, acting through the Commandant in consultation with the Western Alaska Oil Spill Criteria Program Manager established under section 323 of title 14, United States Code-- ``(i) shall establish-- ``(I) Alaska oil spill planning criteria for a worst case discharge of oil, and a substantial threat of such a discharge, within any part of the area of responsibility of the Western Alaska Captain of the Port Zone or Prince William Sound Captain of the Port Zone in which the Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in that area; and ``(II) standardized submission, review, approval, and compliance verification processes for the planning criteria established under clause (i), including the quantity and frequency of drills and on-site verifications of vessel response plans accepted pursuant to those planning criteria; and ``(ii) may, as required to develop standards that adequately reflect the needs and capabilities of various locations within the Western Alaska Captain of the Port Zone, develop subregions in which the Alaska oil spill planning criteria referred to in clause (i)(I) may differ from such criteria for other subregions in the Western Alaska Captain of the Port Zone, provided that any such criteria for a subregion is not less stringent than the criteria required for a worst case discharge of oil, and a substantial threat of such a discharge, within any part of the applicable subregion. ``(E) Inclusions.-- ``(i) In general.--The Western Alaska oil spill planning criteria established under subparagraph (D)(i) shall include planning criteria for the following: ``(I) Mechanical oil spill response resources that are required to be located within that area. ``(II) Response times for mobilization of oil spill response resources and arrival on the scene of a worst case discharge of oil, or substantial threat of such a discharge, occurring within that area. ``(III) Pre-identified vessels for oil spill response that are capable of operating in the ocean environment. ``(IV) Ensuring the availability of at least 1 oil spill removal organization that is classified by the Coast Guard and that-- ``(aa) is capable of responding in all operating environments in that area; ``(bb) controls oil spill response resources of dedicated and nondedicated resources within that area, through ownership, contracts, agreements, or other means approved by the President, sufficient-- ``(AA) to mobilize and sustain a response to a worst case discharge of oil; and ``(BB) to contain, recover, and temporarily store discharged oil; ``(cc) has pre-positioned oil spill response resources in strategic locations throughout that area in a manner that ensures the ability to support response personnel, marine operations, air cargo, or other related logistics infrastructure; ``(dd) has temporary storage capability using both dedicated and non-dedicated assets located within that area; ``(ee) has non-mechanical oil spill response resources, to be available under contracts, agreements, or other means approved by the President, capable of responding to a discharge of persistent oil and a discharge of nonpersistent oil, whether the discharged oil was carried by a vessel as fuel or cargo; and ``(ff) considers availability of wildlife response resources for primary, secondary, and tertiary responses to support carcass collection, sampling, deterrence, rescue, and rehabilitation of birds, sea turtles, marine mammals, fishery resources, and other wildlife. ``(V) With respect to tank barges carrying nonpersistent oil in bulk as cargo, oil spill response resources that are required to be carried on board. ``(VI) Specifying a minimum length of time that approval of a response plan under this paragraph is valid. ``(VII) Managing wildlife protection and rehabilitation, including identified wildlife protection and rehabilitation resources in that area. ``(ii) Additional considerations.--The Commandant may consider criteria regarding-- ``(I) vessel routing measures consistent with international routing measure deviation protocols; and ``(II) maintenance of real-time continuous vessel tracking, monitoring, and engagement protocols with the ability to detect and address vessel operation anomalies. ``(F) Requirement for approval.--The President may approve a response plan for a vessel under this paragraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources required to be included in the response plan under the planning criteria established under subparagraph (D)(i). ``(G) Periodic audits.--The Secretary shall conduct periodic audits to ensure compliance of vessel response plans and oil spill removal organizations within the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone with the planning criteria under subparagraph (D)(i). ``(H) Review of determination.--Not less frequently than once every 5 years, the Secretary shall review each determination of the Secretary under subparagraph (B) that the national planning criteria are inappropriate for a vessel operating in the area of responsibility of the Western Alaska Captain of the Port Zone and the Prince William Sound Captain of the Port Zone. ``(I) Vessels in cook inlet.--Unless otherwise authorized by the Secretary, a vessel may only operate in Cook Inlet, Alaska, under a vessel response plan that meets the requirements of the national planning criteria established pursuant to paragraph (5). ``(J) Savings provisions.--Nothing in this paragraph affects-- ``(i) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Western Alaska Captain of the Port Zone, within Cook Inlet, Alaska; ``(ii) the requirements under this subsection applicable to vessel response plans for vessels operating within the area of responsibility of the Prince William Sound Captain of the Port Zone under section 5005 of the Oil Pollution Act of 1990 (33 U.S.C. 2735); or ``(iii) the authority of a Federal On-Scene Coordinator to use any available resources when responding to an oil spill.''. (2) Establishment of alaska oil spill planning criteria.-- (A) Deadline.--Not later than 2 years after the date of the enactment of this Act, the President shall establish the planning criteria required to be established under paragraph (9)(D)(i) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)). (B) Consultation.--In establishing the planning criteria described in subparagraph (B), the President shall consult with the Federal, State, local, and Tribal agencies and the owners and operators that would be subject to those planning criteria, and with oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations located within the State of Alaska. (C) Congressional report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report describing the status of implementation of paragraph (9) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)). SEC. 323. ACCIDENT AND INCIDENT NOTIFICATION RELATING TO PIPELINES. (a) Repeal.--Subsection (c) of section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 60117 note; Public Law 112-90) is repealed. (b) Application.--Section 9 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (49 U.S.C. 60117 note; Public Law 112-90) shall be applied and administered as if the subsection repealed by subsection (a) had never been enacted. SEC. 324. COAST GUARD CLAIMS PROCESSING COSTS. Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)) is amended by striking ``damages;'' and inserting ``damages, including, in the case of a spill of national significance that results in extraordinary Coast Guard claims processing activities, the administrative and personnel costs of the Coast Guard to process those claims (including the costs of commercial claims processing, expert services, training, and technical services), subject to the condition that the Coast Guard shall submit to Congress a report describing the spill of national significance not later than 30 days after the date on which the Coast Guard determines it necessary to process those claims;''. SEC. 325. CALCULATION OF INTEREST ON DEBT OWED TO THE NATIONAL POLLUTION FUND. Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2705(b)(4)) is amended-- (1) by striking ``The interest paid'' and inserting the following: ``(A) In general.--The interest paid for claims, other than Federal Government cost recovery claims,''; and (2) by adding at the end the following: ``(B) Federal cost recovery claims.--The interest paid for Federal Government cost recovery claims under this section shall be calculated in accordance with section 3717 of title 31, United States Code.''. SEC. 326. PER-INCIDENT LIMITATION. Subparagraph (A) of section 9509(c)(2) of the Internal Revenue Code of 1986 is amended-- (1) in clause (i), by striking ``$1,000,000,000'' and inserting ``$1,500,000,000''; (2) in clause (ii), by striking ``$500,000,000'' and inserting ``$750,000,000''; and (3) in the heading, by striking ``$1,000,000,000'' and inserting ``$1,500,000,000''. SEC. 327. ACCESS TO THE OIL SPILL LIABILITY TRUST FUND. Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752) is amended by striking subsection (b) and inserting the following: ``(b) Exceptions.-- ``(1) In general.--Subsection (a) shall not apply to-- ``(A) section 1006(f), 1012(a)(4), or 5006; or ``(B) an amount, which may not exceed $50,000,000 in any fiscal year, made available by the President from the Fund-- ``(i) to carry out section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)); and ``(ii) to initiate the assessment of natural resources damages required under section 1006. ``(2) Fund advances.-- ``(A) In general.--To the extent that the amount described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in that subparagraph, the Coast Guard may obtain 1 or more advances from the Fund as may be necessary, up to a maximum of $100,000,000 for each advance, with the total amount of advances not to exceed the amounts available under section 9509(c)(2) of the Internal Revenue Code of 1986. ``(B) Notification to congress.--Not later than 30 days after the date on which the Coast Guard obtains an advance under subparagraph (A), the Coast Guard shall notify Congress of-- ``(i) the amount advanced; and ``(ii) the facts and circumstances that necessitated the advance. ``(C) Repayment.--Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent that, removal costs are recovered by the Coast Guard from responsible parties for the discharge or substantial threat of discharge. ``(3) Availability.--Amounts to which this subsection applies shall remain available until expended.''. SEC. 328. COST-REIMBURSABLE AGREEMENTS. Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712) is amended-- (1) in subsection (a)(1)(B), by striking ``by a Governor or designated State official'' and inserting ``by a State, a political subdivision of a State, or an Indian tribe, pursuant to a cost-reimbursable agreement''; (2) by striking subsections (d) and (e) and inserting the following: ``(d) Cost-reimbursable Agreement.-- ``(1) In general.--In carrying out section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the President may enter into cost-reimbursable agreements with a State, a political subdivision of a State, or an Indian tribe to obligate the Fund for the payment of removal costs consistent with the National Contingency Plan. ``(2) Inapplicability.--Neither section 1535 of title 31, United States Code, nor chapter 63 of that title shall apply to a cost-reimbursable agreement entered into under this subsection.''; and (3) by redesignating subsections (f), (h), (i), (j), (k), and (l) as subsections (e), (f), (g), (h), (i), and (j), respectively. SEC. 329. OIL SPILL RESPONSE REVIEW. (a) In General.--Subject to the availability of appropriations, the Commandant shall develop and carry out a program-- (1) to increase collection and improve the quality of incident data on oil spill location and response capability by periodically evaluating the data, documentation, and analysis of-- (A) Coast Guard-approved vessel response plans, including vessel response plan audits and assessments; (B) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(7)) that occur within the Marine Transportation System; and (C) responses to oil spill incidents that require mobilization of contracted response resources; (2) to update, not less frequently than annually, information contained in the Coast Guard Response Resource Inventory and other Coast Guard tools used to document the availability and status of oil spill response equipment, so as to ensure that such information remains current; and (3) subject to section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), to make data collected under paragraph (1) available to the public. (b) Policy.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall issue a policy-- (1) to establish processes to maintain the program under subsection (a) and support Coast Guard oil spill prevention and response activities, including by incorporating oil spill incident data from after-action oil spill reports and data ascertained from vessel response plan exercises and audits into-- (A) review and approval process standards and metrics; (B) Alternative Planning Criteria (APC) review processes; (C) Area Contingency Plan (ACP) development; (D) risk assessments developed under section 70001 of title 46, United States Code, including lessons learned from reportable marine casualties; (E) mitigating the impact of military personnel rotations in Coast Guard field units on knowledge and awareness of vessel response plan requirements, including knowledge relating to the evaluation of proposed alternatives to national planning requirements; and (F) evaluating the consequences of reporting inaccurate data in vessel response plans submitted to the Commandant pursuant to part 300 of title 40, Code of Federal Regulations, and submitted for storage in the Marine Information for Safety and Law Enforcement database pursuant to section 300.300 of that title (or any successor regulation); (2) to standardize and develop tools, training, and other relevant guidance that may be shared with vessel owners and operators to assist with accurately calculating and measuring the performance and viability of proposed alternatives to national planning criteria requirements and Area Contingency Plans under the jurisdiction of the Coast Guard; (3) to improve training of Coast Guard personnel to ensure continuity of planning activities under this section, including by identifying ways in which civilian staffing may improve the continuity of operations; and (4) to increase Federal Government engagement with State, local, and Tribal governments and stakeholders so as to strengthen coordination and efficiency of oil spill responses. (c) Periodic Updates.--Not less frequently than every 5 years, the Commandant shall update the processes established under subsection (b)(1) to incorporate relevant analyses of-- (1) incident data on oil spill location and response quality; (2) oil spill risk assessments; (3) oil spill response effectiveness and the effects of such response on the environment; (4) oil spill response drills conducted under section 311(j)(7) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(7)); (5) marine casualties reported to the Coast Guard; and (6) near miss incidents documented by a Vessel Traffic Service Center (as such terms are defined in section 70001(m) of title 46, United States Code). (d) Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of ongoing and planned efforts to improve the effectiveness and oversight of the vessel response program. (2) Public availability.--The Commandant shall publish the report required by subparagraph (A) on a publicly accessible internet website of the Coast Guard. SEC. 330. REVIEW AND REPORT ON LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL RESPONSE CONTRACTS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the effects of removing limited indemnity provisions from Coast Guard oil spill response contracts entered into by the President (or a delegate) under section 311(c) of the Federal Water Pollution Control Act (33 U.S.C. 1321(c)). (b) Elements.--The report required by subsection (a) shall include the following: (1) An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill cleanups under the National Contingency Plan (as defined in section 311(a) of the Federal Water Pollution Control Act (33 U.S.C. 1321(a)) during the period beginning in 2009 and ending in 2014 with respect to those contracts that included limited indemnity provisions for oil spill response organizations. (2) A review of the costs incurred by the Coast Guard, the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986, and the Federal Government to cover the indemnity provisions provided to oil spill response organizations during the period described in paragraph (1). (3) An assessment of the adequacy of contracts described in that subsection in meeting the needs of the United States to carry out oil spill cleanups under the National Contingency Plan (as so defined) after limited indemnity provisions for oil spill response organizations were removed from those contracts in 2014. (4) An assessment of the impact that the removal of limited indemnity provisions described in paragraph (3) has had on the ability of oil spill response organizations to enter into contracts described in that subsection. (5) An assessment of the ability of the Oil Spill Liability Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986, to cover limited indemnity provided to a contractor for liabilities and expenses incidental to the containment or removal of oil arising out of the performance of a contract that is substantially identical to the terms contained in subsections (d)(2) through (h) of section H.4 of the contract offered by the Coast Guard in the solicitation numbered DTCG89-98-A-68F953 and dated November 17, 1998. SEC. 331. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING VESSELS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall review existing Coast Guard policies with respect to exceptions to the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations (or successor regulations), for-- (1) an oil spill response vessel, or a vessel of opportunity, while such vessel is-- (A) towing boom for oil spill response; or (B) participating in an oil response exercise; and (2) a fishing vessel while that vessel is operating as a vessel of opportunity. (b) Policy.--Not later than 180 days after the conclusion of the review required by subsection (a), the Secretary shall revise or issue any necessary policy to clarify the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations (or successor regulations) to the vessels described in subsection (a). Such a policy shall ensure safe and effective operation of such vessels. (c) Definitions.--In this section: (1) Fishing vessel; oil spill response vessel.--The terms ``fishing vessel'' and ``oil spill response vessel'' have the meanings given such terms in section 2101 of title 46, United States Code. (2) Vessel of opportunity.--The term ``vessel of opportunity'' means a vessel engaged in spill response activities that is normally and substantially involved in activities other than spill response and not a vessel carrying oil as a primary cargo. Subtitle C--Environmental Compliance SEC. 341. REVIEW OF ANCHORAGE REGULATIONS. (a) Regulatory Review.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete a review of existing anchorage regulations or other rules, which review shall include-- (1) identifying any such regulations or rules that may need modification or repeal in the interest of marine safety, security, environmental, and economic concerns, taking into account undersea pipelines, cables, or other infrastructure; and (2) completing a cost-benefit analysis for any modification or repeal identified under paragraph (1). (b) Briefing.--Upon completion of the review under subsection (a), but not later than 2 years after the date of enactment of this Act, the Secretary shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that summarizes the review. SEC. 342. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL, TRIBAL, AND RECREATIONAL FISHERIES FROM THE DEVELOPMENT OF RENEWABLE ENERGY ON THE WEST COAST. (a) Definitions.--In this section: (1) Covered waters.--The term ``covered waters'' means Federal or State waters off of the Canadian border and out to the furthest extent of the exclusive economic zone. (2) Exclusive economic zone.--The term ``exclusive economic zone'' has the meaning given that term in section 107 of title 46, United States Code. (b) Study.--Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of the Interior, and the Under Secretary of Commerce for Oceans and Atmosphere, shall enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall carry out a study to-- (1) identify, document, and analyze-- (A) historic and current, as of the date of the study, Tribal, commercial, and recreational fishing grounds, as well as areas where fish stocks are likely to shift in the future, in all covered waters; (B) usual and accustomed fishing areas in all covered waters; (C) historic, current, and potential future shipping lanes, based on projected growth in shipping traffic in all covered waters; and (D) key data needed to properly site renewable energy sites on the West Coast; (2) analyze-- (A) methods used to manage fishing, shipping, and other maritime activities; and (B) how those activities could be impacted by the placement of renewable energy infrastructure and the associated construction, maintenance, and operation of such infrastructure; and (3) provide recommendations on appropriate areas for renewable energy sites and outline a comprehensive approach to include all impacted coastal communities, particularly Tribal governments and fisheries communities, in the decision-making process. (c) Submission.--Not later than 1 year after commencing the study under subsection (b), the Secretary shall-- (1) submit the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, including all recommendations provided under subsection (b)(3); and (2) make the study publicly available. Subtitle D--Environmental Issues SEC. 351. MODIFICATIONS TO THE SPORT FISH RESTORATION AND BOATING TRUST FUND ADMINISTRATION. (a) Dingell-Johnson Sport Fish Restoration Act Amendments.-- (1) Available amounts.--Section 4(b)(1)(B)(i) of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c(b)(1)(B)(i)) is amended by striking subclause (I) and inserting the following: ``(I) the product obtained by multiplying-- ``(aa) $12,786,434; and ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and''. (2) Authorized expenses.--Section 9(a) of the Dingell- Johnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended-- (A) in paragraph (7), by striking ``full-time''; and (B) in paragraph (9), by striking ``on a full-time basis''. (b) Pittman-Robertson Wildlife Restoration Act Amendments.-- (1) Available amounts.--Section 4(a)(1)(B)(i) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c(a)(1)(B)(i)) is amended by striking subclause (I) and inserting the following: ``(I) the product obtained by multiplying-- ``(aa) $12,786,434; and ``(bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor; and''. (2) Authorized expenses.--Section 9(a) of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is amended-- (A) in paragraph (7), by striking ``full-time''; and (B) in paragraph (9), by striking ``on a full-time basis''. SEC. 352. IMPROVEMENTS TO COAST GUARD COMMUNICATION WITH NORTH PACIFIC MARITIME AND FISHING INDUSTRY. (a) Rescue 21 System in Alaska.-- (1) Upgrades.--The Commandant shall ensure the timely upgrade of the Rescue 21 system in Alaska so as to achieve, not later than August 30, 2023, 98 percent operational availability of remote fixed facility sites. (2) Plan to reduce outages.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall develop an operations and maintenance plan for the Rescue 21 system in Alaska that anticipates maintenance needs so as to reduce Rescue 21 system outages to the maximum extent practicable. (B) Public availability.--The plan required by subparagraph (A) shall be made available to the public on a publicly accessible internet website. (3) Report required.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that-- (A) contains a plan for the Coast Guard to notify mariners of radio outages for towers owned and operated by the Seventeenth Coast Guard District; (B) addresses in such plan how the Seventeenth Coast Guard will-- (i) disseminate updates regarding outages on social media not less frequently than every 48 hours; (ii) provide updates on a publicly accessible website not less frequently than every 48 hours; (iii) develop methods for notifying mariners in areas in which cellular connectivity does not exist; and (iv) develop and advertise a web-based communications update hub on AM/FM radio for mariners; and (C) identifies technology gaps necessary to implement the plan and provides a budgetary assessment necessary to implement the plan. (4) Contingency plan.-- (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant, in collaboration with relevant Federal and State entities (including the North Pacific Fishery Management Council, the National Oceanic and Atmospheric Administration Weather Service, the National Oceanic and Atmospheric Administration Fisheries Service, agencies of the State of Alaska, local radio stations, and stakeholders), shall establish a contingency plan to ensure that notifications of an outage of the Rescue 21 system in Alaska are broadly disseminated in advance of such outage. (B) Elements.--The plan required by subparagraph (A) shall require the Coast Guard-- (i) to disseminate updates regarding outages on social media not less frequently than every 48 hours during an outage; (ii) to provide updates on a publicly accessible website not less frequently than every 48 hours during an outage; (iii) to notify mariners in areas in which cellular connectivity does not exist; (iv) to develop and advertise a web-based communications update hub on AM/FM radio for mariners; and (v) to identify technology gaps that need to be addressed in order to implement the plan, and to provide a budgetary assessment necessary to implement the plan. (b) Improvements to Communication With the Fishing Industry and Related Stakeholders.-- (1) In general.--The Commandant, in coordination with the National Commercial Fishing Safety Advisory Committee established by section 15102 of title 46, United States Code, shall develop a publicly accessible internet website that contains all Coast Guard-related information relating to the fishing industry, including safety information, inspection and enforcement requirements, hazards, training, regulations (including proposed regulations), Rescue 21 system outages and similar outages, and any information regarding fishing-related activities under the jurisdiction of the Coast Guard. (2) Automatic communications.--The Commandant shall provide methods for regular and automatic email communications with stakeholders who elect, through the internet website developed under paragraph (1), to receive such communications. (c) Advance Notification of Military or Other Exercises.--In consultation with the Secretary of Defense, the Secretary of State, and commercial fishing industry participants, the Commandant shall develop and publish on a publicly available internet website a plan for notifying United States mariners and the operators of United States fishing vessels in advance of-- (1) military exercises in the exclusive economic zone of the United States (as defined in section 3 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); or (2) other military activities that will impact recreational or commercial activities. SEC. 353. FISHING SAFETY TRAINING GRANTS PROGRAM. Section 4502(i)(4) of title 46, United States Code, is amended by striking ``2018 through 2021'' and inserting ``2023 through 2025''. SEC. 354. LOAD LINES. (a) Definition of Covered Fishing Vessel.--In this section, the term ``covered fishing vessel'' means a vessel that operates exclusively in one, or both, of the Thirteenth and Seventeenth Coast Guard Districts and that-- (1) was constructed, under construction, or under contract to be constructed as a fish tender vessel before January 1, 1980; (2) was converted for use as a fish tender vessel before January 1, 2022, and-- (A) the vessel has a current stability letter issued in accordance with regulations prescribed under chapter 51 of title 46, United States Code; and (B) the hull and internal structure of the vessel has been verified as suitable for intended service as examined by a marine surveyor of an organization accepted by the Secretary 2 times in the 5 years preceding the date of the determination under this subsection, with no interval of more than 3 years between such examinations; or (3) operates part-time as a fish tender vessel for a period of less than 180 days. (b) Application to Certain Vessels.--During the period beginning on the date of enactment of this Act and ending on the date that is 3 years after the date on which the report required under subsection (c) is submitted, the load line requirements of chapter 51 of title 46, United States Code, shall not apply to covered fishing vessels. (c) GAO Report.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives-- (A) a report on the safety and seaworthiness of vessels referenced in section 5102(b)(5) of title 46, United States Code; and (B) recommendations for exempting certain vessels from the load line requirements under chapter 51 of title 46 of such Code. (2) Elements.--The report required under paragraph (1) shall include the following: (A) An assessment of stability requirements of vessels referenced in section 5102(b)(5) of title 46, United States Code. (B) An analysis of vessel casualties, mishaps, or other safety information relevant to load line requirements when a vessel is operating part-time as a fish tender vessel. (C) An assessment of any other safety information as the Comptroller General determines appropriate. (D) A list of all vessels that, as of the date of the report-- (i) are covered under section 5102(b)(5) of title 46, United States Code; (ii) are acting as part-time fish tender vessels; and (iii) are subject to any captain of the port zone subject to the oversight of the Commandant. (3) Consultation.--In preparing the report required under paragraph (1), the Comptroller General shall consider consultation with, at a minimum, the maritime industry, including-- (A) relevant Federal, State, and Tribal maritime associations and groups; and (B) relevant federally funded research institutions, nongovernmental organizations, and academia. (d) Applicability.--Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of covered fishing vessels. SEC. 355. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO INCREASE ENERGY PRODUCTION. (a) In General.--The National Marine Fisheries Service shall, immediately upon the enactment of this Act, take action to address the outstanding backlog of letters of authorization for the Gulf of Mexico. (b) Sense of Congress.--It is the sense of Congress that the National Marine Fisheries Service should-- (1) take immediate action to issue a rule that allows the Service to approve outstanding and future applications for letters of authorization consistent with the Service's permitting activities; and (2) on or after the effective date of the rule, prioritize the consideration of applications in a manner that is consistent with applicable Federal law. Subtitle E--Illegal Fishing and Forced Labor Prevention SEC. 361. DEFINITIONS. In this subtitle: (1) Forced labor.--The term ``forced labor'' means any labor or service provided for or obtained by any means described in section 1589(a) of title 18, United States Code. (2) Human trafficking.--The term ``human trafficking'' has the meaning given the term ``severe forms of trafficking in persons'' in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (3) Illegal, unreported, or unregulated fishing.--The term ``illegal, unreported, or unregulated fishing'' has the meaning given such term in the implementing regulations or any subsequent regulations issued pursuant to section 609(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)). (4) Oppressive child labor.--The term ``oppressive child labor'' has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (5) Seafood.--The term ``seafood'' means all marine animal and plant life meant for consumption as food other than marine mammals and birds, including fish, shellfish, shellfish products, and processed fish. (6) Seafood import monitoring program.--The term ``Seafood Import Monitoring Program'' means the Seafood Traceability Program established in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation). (7) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. CHAPTER 1--COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT MONITORING SEC. 362. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM AUTOMATED COMMERCIAL ENVIRONMENT MESSAGE SET. The Secretary, in coordination with the Commissioner of U.S. Customs and Border Protection, shall, not later than 6 months after the date of enactment of this Act, develop a strategy to improve the quality and verifiability of already collected Seafood Import Monitoring Program Message Set data elements in the Automated Commercial Environment system. Such strategy shall prioritize the use of enumerated data types, such as checkboxes, dropdown menus, or radio buttons, and any additional elements the Administrator of the National Oceanic and Atmospheric Administration finds appropriate. SEC. 363. DATA SHARING AND AGGREGATION. (a) Interagency Working Group on Illegal, Unreported, or Unregulated Fishing.--Section 3551(c) of the Maritime SAFE Act (16 U.S.C. 8031(c)) is amended-- (1) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; and (2) by inserting after paragraph (3) the following: ``(4) maximizing the utility of the import data collected by the members of the Working Group by harmonizing data standards and entry fields;''. (b) Prohibition on Aggregated Catch Data for Certain Species.-- Beginning not later than 1 year after the date of enactment of this Act, for the purposes of compliance with respect to Northern red snapper under the Seafood Import Monitoring Program, the Secretary may not allow an aggregated harvest report of such species, regardless of vessel size. SEC. 364. IMPORT AUDITS. (a) Audit Procedures.--The Secretary shall, not later than 1 year after the date of enactment of this Act, implement procedures to audit information and supporting records of sufficient numbers of imports of seafood and seafood products subject to the Seafood Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood imports covered by the Seafood Import Monitoring Program with respect to a given year. (b) Expansion of Marine Forensics Laboratory.--The Secretary shall, not later than 1 year after the date of enactment of this Act, begin the process of expanding the National Oceanic and Atmospheric Administration's Marine Forensics Laboratory, including by establishing sufficient capacity for the development and deployment of rapid, and follow-up, analysis of field-based tests focused on identifying Seafood Import Monitoring Program species, and prioritizing such species at high risk of illegal, unreported, or unregulated fishing and seafood fraud. (c) Annual Revision.--In developing the procedures required in subsection (a), the Secretary shall use predictive analytics to inform whether to revise such procedures to prioritize for audit those imports originating from nations-- (1) identified pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to section 609(d) or 610(c) of such Act, respectively; (2) identified by an appropriate regional fishery management organization as being the flag state or landing location of vessels identified by other nations or regional fisheries management organizations as engaging in illegal, unreported, or unregulated fishing; (3) identified as having human trafficking or forced labor in any part of the seafood supply chain, including on vessels flagged in such nation, and including feed for cultured production, in the most recent Trafficking in Persons Report issued by the Department of State in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); (4) identified as producing goods that contain seafood using forced labor or oppressive child labor in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.); and (5) identified as at risk for human trafficking, including forced labor, in their seafood catching and processing industries by the report required under section 3563 of the Maritime SAFE Act (Public Law 116-92). SEC. 365. AVAILABILITY OF FISHERIES INFORMATION. Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended-- (1) in subparagraph (G), by striking ``or'' after the semicolon; (2) in subparagraph (H), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(I) to Federal agencies, to the extent necessary and appropriate, to administer Federal programs established to combat illegal, unreported, or unregulated fishing (as defined in section 361 of the Coast Guard Authorization Act of 2022) or forced labor (as defined in section 361 of the Coast Guard Authorization Act of 2022), which shall not include an authorization for such agencies to release data to the public unless such release is related to enforcement.''. SEC. 366. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM. (a) Report to Congress and Public Availability of Reports.--The Secretary shall, not later than 120 days after the end of each fiscal year, submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report that summarizes the National Marine Fisheries Service's efforts to prevent the importation of seafood harvested through illegal, unreported, or unregulated fishing, particularly with respect to seafood harvested, produced, processed, or manufactured by forced labor. Each such report shall be made publicly available on the website of the National Oceanic and Atmospheric Administration. (b) Contents.--Each report submitted under subsection (a) shall include-- (1) the volume and value of seafood species subject to the Seafood Import Monitoring Program, reported by 10-digit Harmonized Tariff Schedule of the United States codes, imported during the previous fiscal year; (2) the enforcement activities and priorities of the National Marine Fisheries Service with respect to implementing the requirements under the Seafood Import Monitoring Program; (3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the information or records supporting entry selected for audit, as described in section 300.324(d) of title 50, Code of Federal Regulations; (4) the number and types of instances of noncompliance with the requirements of the Seafood Import Monitoring Program; (5) the number and types of instances of violations of State or Federal law discovered through the Seafood Import Monitoring Program; (6) the seafood species with respect to which violations described in paragraphs (4) and (5) were most prevalent; (7) the location of catch or harvest with respect to which violations described in paragraphs (4) and (5) were most prevalent; (8) the additional tools, such as high performance computing and associated costs, that the Secretary needs to improve the efficacy of the Seafood Import Monitoring Program; and (9) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance with the Seafood Import Monitoring Program. SEC. 367. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Commissioner of U.S. Customs and Border Protection to carry out enforcement actions pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) $20,000,000 for each of fiscal years 2023 through 2027. CHAPTER 2--STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT HUMAN TRAFFICKING SEC. 370. DENIAL OF PORT PRIVILEGES. Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows: ``(2) Denial of port privileges.--The Secretary of Homeland Security shall-- ``(A) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for any large-scale driftnet fishing vessel of a nation that receives a negative certification under section 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d) or 1826k(c)), or fishing vessels of a nation that has been listed pursuant to section 609(b) or section 610(a) of such Act (16 U.S.C. 1826j(b) or 1826k(a)) in 2 or more consecutive reports for the same type of fisheries activity, as described under section 607 of such Act (16 U.S.C. 1826h), until a positive certification has been received; ``(B) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for fishing vessels of a nation that has been listed pursuant to section 609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) or 1826k(a)) in 2 or more consecutive reports as described under section 607 of such Act (16 U.S.C. 1826h); and ``(C) deny entry of that vessel to any place in the United States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action.''. SEC. 371. IDENTIFICATION AND CERTIFICATION CRITERIA. (a) Denial of Port Privileges.--Section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) For actions of a nation.--The Secretary shall identify, and list in such report, a nation engaging in or endorsing illegal, unreported, or unregulated fishing. In determining which nations to list in such report, the Secretary shall consider the following: ``(A) Any nation that is violating, or has violated at any point during the 3 years preceding the date of the determination, conservation and management measures, including catch and other data reporting obligations and requirements, required under an international fishery management agreement to which the United States is a party. ``(B) Any nation that is failing, or has failed in the 3-year period preceding the date of the determination, to effectively address or regulate illegal, unreported, or unregulated fishing within its fleets in any areas where its vessels are fishing. ``(C) Any nation that fails to discharge duties incumbent upon it to which legally obligated as a flag, port, or coastal state to take action to prevent, deter, and eliminate illegal, unreported, or unregulated fishing. ``(D) Any nation that has been identified as producing for export to the United States seafood- related goods through forced labor or oppressive child labor (as those terms are defined in section 361 of the Coast Guard Authorization Act of 2022) in the most recent List of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.).''; and (2) by adding at the end the following: ``(4) Timing.--The Secretary shall make an identification under paragraph (1) or (2) at any time that the Secretary has sufficient information to make such identification.''. (b) Illegal, Unreported, or Unregulated Certification Determination.--Section 609 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j) is amended in subsection (d), by striking paragraph (3) and inserting the following: ``(3) Effect of certification determination.-- ``(A) Effect of negative certification.--The provisions of subsection (a), and paragraphs (3) and (4) of subsection (b), of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall apply to any nation that, after being identified and notified under subsection (b), has failed to take the appropriate corrective actions for which the Secretary has issued a negative certification under this subsection. ``(B) Effect of positive certification.--The provisions of subsection (a), and paragraphs (3) and (4) of subsection (b), of section 101 of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4)) shall not apply to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection.''. SEC. 372. EQUIVALENT CONSERVATION MEASURES. (a) Identification.--Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to read as follows: ``(a) Identification.-- ``(1) In general.--The Secretary shall identify and list in the report under section 607-- ``(A) a nation if-- ``(i) any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and ``(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable in effectiveness to the regulatory program of the United States, taking into account differing conditions; and ``(B) a nation if-- ``(i) any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and ``(ii) the vessel's flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port, that is comparable to that of the United States. ``(2) Timing.--The Secretary shall make an identification under paragraph (1) at any time that the Secretary has sufficient information to make such identification.''. (b) Consultation and Negotiation.--Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is amended to read as follows: ``(b) Consultation and Negotiation.--The Secretary of State, acting in conjunction with the Secretary, shall-- ``(1) notify, as soon as practicable, the President and nations that are engaged in, or that have any fishing vessels engaged in, fishing activities or practices described in subsection (a), about the provisions of this Act; ``(2) initiate discussions as soon as practicable with all foreign nations that are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; and ``(3) initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section.''. (c) Conservation Certification Procedure.--Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)) is amended-- (1) in paragraph (2), by inserting ``the public and'' after ``comment by''; and (2) in paragraph (5), by striking ``(except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing)''. (d) Definition of Protected Living Marine Resource.--Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(e)) is amended by striking paragraph (1) and inserting the following: ``(1) except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including-- ``(A) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); ``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(C) the Shark Finning Prohibition Act (16 U.S.C. 1822 note); and ``(D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249); but''. SEC. 373. CAPACITY BUILDING IN FOREIGN FISHERIES. (a) In General.--The Secretary of Commerce, in consultation with the heads of other Federal agencies, as appropriate, shall develop and carry out with partner governments and civil society-- (1) multi-year coastal and marine resource related international cooperation agreements and projects; and (2) multi-year capacity-building projects for implementing measures to address illegal, unreported, or unregulated fishing, fraud, forced labor, bycatch, and other conservation measures. (b) Capacity Building.--Section 3543(d) of the Maritime SAFE Act (16 U.S.C. 8013(d)) is amended-- (1) in the matter preceding paragraph (1), by striking ``as appropriate,''; and (2) in paragraph (3), by striking ``as appropriate'' and inserting ``for all priority regions identified by the Working Group''. (c) Reports.--Section 3553 of the Maritime SAFE Act (16 U.S.C. 8033) is amended-- (1) in paragraph (7), by striking ``and'' after the semicolon; (2) in paragraph (8), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(9) the status of work with global enforcement partners.''. SEC. 374. TRAINING OF UNITED STATES OBSERVERS. Section 403(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881b(b)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: ``(4) ensure that each observer has received training to identify indicators of forced labor (as defined in section 361 of the Coast Guard Authorization Act of 2022) and human trafficking (as defined in section 361 of the Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and''. SEC. 375. REGULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate such regulations as may be necessary to carry out this title. SEC. 376. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES OF MARKING FISHING GEAR. The Secretary of the department in which the Coast Guard is operating shall, within the Eleventh Coast Guard District. Thirteenth Coast Guard District, Fourteenth Coast Guard District, and Seventeenth Coast Guard District, suspend enforcement of individuals using automatic identification systems devices to mark fishing equipment during the period beginning on the date of enactment of this Act and ending on the earlier of-- (1) the date that is 2 years after such date of enactment; and (2) the date the Federal Communications Commission promulgates a final rule to authorize a device used to mark fishing equipment to operate in radio frequencies assigned for Automatic Identification System stations. TITLE IV--SUPPORT FOR COAST GUARD WORKFORCE Subtitle A--Support for Coast Guard Members and Families SEC. 401. COAST GUARD CHILD CARE IMPROVEMENTS. (a) Family Discount for Child Development Services.--Section 2922(b)(2) of title 14, United States Code, is amended by adding at the end the following: ``(D) In the case of an active duty member with two or more children attending a Coast Guard child development center, the Commandant may modify the fees to be charged for attendance for the second and any subsequent child of such member by an amount that is 15 percent less than the amount of the fee otherwise chargeable for the attendance of the first such child enrolled at the center, or another fee as the Commandant determines appropriate, consistent with multiple children.''. (b) Child Development Center Standards and Inspections.--Section 2923(a) of title 14, United States Code, is amended to read as follows: ``(a) Standards.--The Commandant shall require each Coast Guard child development center to meet standards of operation-- ``(1) that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center; and ``(2) necessary for accreditation by an appropriate national early childhood programs accrediting entity.''. (c) Child Care Subsidy Program.-- (1) Authorization.-- (A) In general.--Subchapter II of chapter 29 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 2927. Child care subsidy program ``(a) Authority.--The Commandant may operate a child care subsidy program to provide financial assistance to eligible providers that provide child care services or youth program services to members of the Coast Guard, members of the Coast Guard with dependents who are participating in the child care subsidy program, and any other individual the Commandant considers appropriate, if-- ``(1) providing such financial assistance-- ``(A) is in the best interests of the Coast Guard; and ``(B) enables supplementation or expansion of the provision of Coast Guard child care services, while not supplanting or replacing Coast Guard child care services; and ``(2) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards applicable to Coast Guard child care services. ``(b) Eligible Providers.--A provider of child care services or youth program services is eligible for financial assistance under this section if the provider-- ``(1) is licensed to provide such services under applicable State and local law; ``(2) is registered in an au pair program of the Department of State; ``(3) is a family home daycare; or ``(4) is a provider of family child care services that-- ``(A) otherwise provides federally funded or federally sponsored child development services; ``(B) provides such services in a child development center owned and operated by a private, not-for-profit organization; ``(C) provides a before-school or after-school child care program in a public school facility; ``(D) conducts an otherwise federally funded or federally sponsored school-age child care or youth services program; ``(E) conducts a school-age child care or youth services program operated by a not-for-profit organization; ``(F) provides in-home child care, such as a nanny or an au pair; or ``(G) is a provider of another category of child care services or youth program services the Commandant considers appropriate for meeting the needs of members or civilian employees of the Coast Guard. ``(c) Funding.--To provide financial assistance under this subsection, the Commandant may use any funds appropriated for the Coast Guard for operation and maintenance. ``(d) Direct Payment.-- ``(1) In general.--In carrying out a child care subsidy program under subsection (a), subject to paragraph (3), the Commandant shall provide financial assistance under the program to an eligible member or individual the Commandant considers appropriate by direct payment to such eligible member or individual through monthly pay, direct deposit, or other direct form of payment. ``(2) Policy.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish a policy to provide direct payment as described in paragraph (1). ``(3) Eligible provider funding continuation.--With the approval of an eligible member or an individual the Commandant considers appropriate, which shall include the written consent of such member or individual, the Commandant may continue to provide financial assistance under the child care subsidy program directly to an eligible provider on behalf of such member or individual. ``(4) Rule of construction.--Nothing in this subsection may be construed to affect any preexisting reimbursement arrangement between the Coast Guard and a qualified provider.''. (B) Clerical amendment.--The analysis for chapter 29 of title 14, United States Code, is amended by inserting after the item relating to section 2926 the following: ``2927. Child care subsidy program.''. (2) Expansion of child care subsidy program.-- (A) In general.--The Commandant shall-- (i) evaluate potential eligible uses for the child care subsidy program established under section 2927 of title 14, United States Code (referred to in this paragraph as the ``program''); and (ii) expand the eligible uses of funds for the program to accommodate the child care needs of members of the Coast Guard (including such members with nonstandard work hours or surge or other deployment cycles), including by providing funds directly to such members instead of care providers. (B) Considerations.--In evaluating potential eligible uses under subparagraph (A), the Commandant shall consider au pairs, nanny services, nanny shares, in-home child care services, care services such as supplemental care for children with disabilities, and any other child care delivery method the Commandant considers appropriate. (C) Requirements.--In establishing expanded eligible uses of funds for the program, the Commandant shall ensure that such uses-- (i) are in the best interests of the Coast Guard; (ii) provide flexibility for eligible members and individuals the Commandant considers appropriate, including such members and individuals with nonstandard work hours; and (iii) ensure a safe environment for dependents of such members and individuals. (D) Publication.--Not later than 18 months after the date of the enactment of this Act, the Commandant shall publish an updated Commandant Instruction Manual (referred to in this paragraph as the ``manual'') that describes the expanded eligible uses of the program. (E) Report.-- (i) In general.--Not later than 18 months after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the expansion of the program. (ii) Elements.--The report required by clause (i) shall include the following: (I) An analysis of the considerations described in subparagraph (B). (II) A description of the analysis used to identify eligible uses that were evaluated and incorporated into the manual under subparagraph (D). (III) A full analysis and justification with respect to the forms of care that were ultimately not included in the manual. (IV) Any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to meet the current and anticipated future child care subsidy demands of the Coast Guard. SEC. 402. ARMED FORCES ACCESS TO COAST GUARD CHILD CARE FACILITIES. Section 2922(a) of title 14, United States Code, is amended to read as follows: ``(a)(1) The Commandant may make child development services available, in such priority as the Commandant considers to be appropriate and consistent with readiness and resources and in the best interests of dependents of members and civilian employees of the Coast Guard, for-- ``(A) members and civilian employees of the Coast Guard; ``(B) surviving dependents of members of the Coast Guard who have died on active duty, if such dependents were beneficiaries of a Coast Guard child development service at the time of the death of such members; ``(C) members of the armed forces (as defined in section 101 of title 10, United States Code); and ``(D) Federal civilian employees. ``(2) Child development service benefits provided under the authority of this section shall be in addition to benefits provided under other laws.''. SEC. 403. CADET PREGNANCY POLICY IMPROVEMENTS. (a) Regulations Required.--Not later than 18 months after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Defense, shall prescribe regulations that-- (1) preserve parental guardianship rights of cadets who become pregnant or father a child while attending the Coast Guard Academy; and (2) maintain military and academic requirements for graduation and commissioning. (b) Briefing.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the development of the regulations required by subsection (a). SEC. 404. PILOT PROGRAM FOR FERTILITY TREATMENTS. (a) Findings.--Congress makes the following findings: (1) Members of the Coast Guard face unique challenges in addressing infertility issues. (2) Frequent deployments, dislocation, transfers, and operational tempo impart unique stresses to members of the Coast Guard and their families. The same stressors often disrupt or make fertility treatments impractical or cost prohibitive. (3) Only 6 military treatment facilities in the United States offer fertility treatments to members of the Armed Forces. (b) Authorization.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish a pilot program for all qualified members of the Coast Guard for the purpose of expanding access to fertility treatment centers. (2) Inclusions.--The pilot program required by paragraph (1) may expand access to and availability of fertility-related medical care and treatments, as determined by the Commandant. (3) Consideration of methods to expand access.--As part of the pilot program under this section, the Commandant shall consider methods to expand access to fertility treatments for members of the Coast Guard, including by-- (A) examining support to improve access to fertility services traditionally considered nonessential and not covered by the TRICARE program (as defined in section 1072(7) of title 10, United States Code), such as medications, reproductive counseling, and other treatments; (B) exploring ways to increase access to military treatment facilities that offer assistive reproductive technology services, consistent with-- (i) the Department of Defense Joint Travel Regulations issued on June 1, 2022; and (ii) the Coast Guard Supplement to the Joint Travel Regulations issued on June 28, 2019; (C) developing a process to allow assignment or reassignment of members of the Coast Guard requesting fertility treatments to a location conducive to receiving treatments; and (D) in a case in which use of military treatment facilities is not available or practicable, entering into partnerships with private-sector fertility treatment providers; and (E) providing flexible working hours, duty schedules, and administrative leave to allow for necessary treatments, appointments, and other services associated with receipt of fertility treatments and associated care. (c) Duration.--The duration of the pilot program under subsection (b) shall be not less than 5 years beginning on the date on which the pilot program is established. (d) Discharge on District Basis.--The Commandant-- (1) may carry out the pilot program on a district basis; and (2) shall include remote and urban units in the pilot program. SEC. 405. COMBAT-RELATED SPECIAL COMPENSATION. (a) Report and Briefing.--Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after the date on which the initial report is submitted under this subsection, the Commandant shall submit a report and provide an in-person briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the implementation of section 221 of the Coast Guard Authorization Act of 2015 (Public Law 114-120; 10 U.S.C. 1413a note). (b) Elements.--Each report and briefing required by subsection (a) shall include the following: (1) A description of methods to educate members and retirees on the combat-related special compensation program. (2) Statistics regarding enrollment in such program for members of the Coast Guard and Coast Guard retirees. (3) A summary of each of the following: (A) Activities carried out relating to the education of members of the Coast Guard participating in the Transition Assistance Program with respect to the combat-related special compensation program. (B) Activities carried out relating to the education of members of the Coast Guard who are engaged in missions in which they are susceptible to injuries that may result in qualification for combat-related special compensation, including flight school, the National Motor Lifeboat School, deployable specialized forces, and other training programs as the Commandant considers appropriate. (C) Activities carried out relating to training physicians and physician assistants employed by the Coast Guard, or otherwise stationed in Coast Guard clinics, sickbays, or other locations at which medical care is provided to members of the Coast Guard, for the purpose of ensuring, during medical examinations, appropriate counseling and documentation of symptoms, injuries, and the associated incident that resulted in such injuries. (D) Activities relating to the notification of heath service officers with respect to the combat- related special compensation program. (4) The written guidance provided to members of the Coast Guard regarding necessary recordkeeping to ensure eligibility for benefits under such program. (5) Any other matter relating to combat-related special compensation the Commandant considers appropriate. (c) Disability Due to Chemical or Hazardous Material Exposure.-- Section 221(a)(2) of the Coast Guard Reauthorization Act of 2015 (Public Law 114-120; 10 U.S.C. 1413a note) is amended, in the matter preceding subparagraph (A)-- (1) by striking ``and hazardous'' and inserting ``hazardous''; and (2) by inserting ``, or a duty in which chemical or other hazardous material exposure has occurred (such as during marine inspections or pollution response activities)'' after ``surfman)''. SEC. 406. RESTORATION OF AMOUNTS IMPROPERLY WITHHELD FOR TAX PURPOSES FROM SEVERANCE PAYMENTS TO VETERANS OF THE COAST GUARD WITH COMBAT-RELATED INJURIES. (a) Application to Members of the Coast Guard When the Coast Guard Is Not Operating as a Service in the Department of the Navy.--The Combat-Injured Veterans Tax Fairness Act of 2016 (Public Law 114-292; 10 U.S.C. 1212 note) is amended-- (1) in section 3-- (A) in subsection (a)-- (i) in the matter preceding paragraph (1), by inserting ``(and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation), in coordination with the Secretary of the Treasury,'' after ``the Secretary of Defense''; (ii) in paragraph (1)(A)-- (I) in clause (i), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable)''; (II) in clause (ii), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable)''; and (III) in clause (iv), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable)''; and (iii) in paragraph (2), by amending subparagraph (B) to read as follows: ``(B) instructions for-- ``(i) filing amended tax returns to recover the amounts improperly withheld for tax purposes; and ``(ii) requesting standard refund amounts described in subsection (b).''; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: ``(b) Standard Refund Amounts Described.--The standard refund amounts described in this subsection are-- ``(1) $1,750 for tax years 1991 through 2005; ``(2) $2,400 for tax years 2006 through 2010; and ``(3) $3,200 for tax years 2011 through 2016.''; (2) in section 4-- (A) in the section heading, by inserting ``and the secretary of the department in which the coast guard is operating'' after ``secretary of defense''; (B) by inserting ``(and the Secretary of the Department in which the Coast Guard is operating when it is not operating as a service in the Department of the Navy), in coordination with the Secretary of the Treasury,'' after ``The Secretary of Defense''; and (C) by striking ``made by the Secretary'' and inserting ``made by the Secretary of Defense (and the Secretary of the Department in which the Coast Guard is operating with respect to the Coast Guard)''; and (3) in section 5-- (A) in subsection (a)-- (i) by inserting ``(and the Secretary of the Department in which the Coast Guard is operating, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy, and the Secretary of Transportation, with respect to the Coast Guard during the period in which it was operating as a service in the Department of Transportation)'' after ``the Secretary of Defense''; and (ii) by striking ``the Secretary to'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable) to''; and (B) in subsection (b)-- (i) in paragraph (2), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security or the Secretary of Transportation, with respect to the Coast Guard, as applicable)''; and (ii) in paragraph (3), by striking ``the Secretary'' and inserting ``the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Department of the Navy)''. (b) Deadlines.-- (1) Identification of amounts improperly withheld and reporting.--The Secretary of Homeland Security and the Secretary of Transportation, in coordination with the Secretary of the Treasury, shall carry out the requirements under-- (A) section 3(a) of the Combat-Injured Veterans Tax Fairness Act of 2016 (Public Law 114-292; 10 U.S.C. 1212 note), as amended by subsection (a)(1)(A), not later than 1 year after the date of the enactment of this Act; and (B) section 5 of that Act, as amended by subsection (a)(3), not later than 1 year after the date of the enactment of this Act. (2) Ensuring amounts are not improperly withheld.--The Secretary of Homeland Security shall carry out the requirements under section 4 of the Combat-Injured Veterans Tax Fairness Act of 2016 (Public Law 114-292; 10 U.S.C. 1212 note), as amended by subsection (a)(2), beginning on the date of the enactment of this Act. SEC. 407. MODIFICATION OF BASIC NEEDS ALLOWANCE FOR MEMBERS OF THE COAST GUARD. (a) In General.--Section 402b of title 37, United States Code, is amended-- (1) by redesignating subsections (h) through (k) as subsections (i) through (l), respectively; and (2) by inserting after subsection (g) the following: ``(h) Special Rule for Members of Coast Guard.-- ``(1) In general.--In the case of a member of the Coast Guard, the Secretary concerned shall-- ``(A) determine under subsection (f) whether the member is eligible under subsection (b) for the allowance under subsection (a); and ``(B) if the Secretary concerned determines a member is eligible for the allowance, pay the allowance to the member unless the member elects not to receive the allowance. ``(2) Attestation of income.--A member of the Coast Guard is not required to submit an application under subsection (e) to receive the allowance under subsection (a), but not less frequently than biennially, the member shall submit to the Secretary concerned an attestation that the gross household income of the member does not exceed the amount described in subsection (b)(2). ``(3) Electronic process.--The Secretary concerned shall establish an electronic process pursuant to which a member of the Coast Guard may-- ``(A) elect under paragraph (1)(B) not to receive the allowance; or ``(B) submit an attestation under paragraph (2).''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (e)-- (A) in paragraphs (1) and (2), by striking ``A member'' both places it appears and inserting ``Except as provided by subsection (h), a member''; and (B) in paragraph (4)(B)-- (i) by striking ``that the member'' and inserting the following: ``that-- ``(i) the member''; (ii) by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(ii) in the case of a member of the Coast Guard, that the member may receive the allowance as provided by subsection (h).''; and (2) in subsection (g)(2), by striking ``A member'' and inserting ``Except as provided by subsection (h), a member''. SEC. 408. STUDY ON FOOD SECURITY. (a) Study.-- (1) In general.--The Commandant shall conduct a study on food insecurity among members of the Coast Guard. (2) Elements.--The study required by paragraph (1) shall include the following: (A) An analysis of the impact of food deserts on members of the Coast Guard and their dependents who live in areas with high costs of living, including areas with high-density populations and rural areas. (B) A comparison of-- (i) the current method used by the Commandant to determine which areas are considered to be high cost-of-living areas; (ii) local-level indicators used by the Bureau of Labor Statistics to determine cost of living that indicate buying power and consumer spending in specific geographic areas; and (iii) indicators of cost of living used by the Department of Agriculture in market basket analyses, and other measures of local and regional food costs. (C) An assessment of the accuracy of the method and indicators described in subparagraph (B) in quantifying high cost of living in low-data and remote areas. (D) An assessment of the manner in which data accuracy and availability affect the accuracy of cost- of-living allowance calculations and other benefits, as the Commandant considers appropriate. (E) Recommendations-- (i) to improve access to high-quality, affordable food within a reasonable distance of Coast Guard units located in areas identified as food deserts; (ii) to reduce transit costs for members of the Coast Guard and their dependents who are required to travel to access high-quality, affordable food; and (iii) for improving the accuracy of the calculations referred to in subparagraph (D). (F) The estimated costs of implementing each recommendation made under subparagraph (E). (b) Plan.-- (1) In general.--The Commandant shall develop a detailed plan to implement the recommendations of the study conducted under subsection (a). (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the plan required by paragraph (1), including the cost of implementation, proposals for legislative change, and any other result of the study the Commandant considers appropriate. (c) Food Desert Defined.--In this section, the term ``food desert'' means an area, as determined by the Commandant, in which it is difficult, even with a vehicle or an otherwise-available mode of transportation, to obtain affordable, high-quality fresh food in the immediate area in which members of the Coast Guard serve and reside. Subtitle B--Healthcare SEC. 421. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR THE COAST GUARD. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop medical staffing standards for the Coast Guard consistent with the recommendations of the Comptroller General of the United States set forth in the report entitled ``Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care'' published in February 2022. (b) Inclusions.--The standards required by subsection (a) shall address and take into consideration the following: (1) Current and future operations of healthcare personnel in support of Department of Homeland Security missions, including surge deployments for incident response. (2) Staffing standards for specialized providers, such as flight surgeons, dentists, behavioral health specialists, and physical therapists. (3) Staffing levels of medical, dental, and behavioral health providers for the Coast Guard who are-- (A) members of the Coast Guard; (B) assigned to the Coast Guard from the Public Health Service; (C) Federal civilian employees; or (D) contractors hired by the Coast Guard to fill vacancies. (4) Staffing levels at medical facilities for Coast Guard units in remote locations. (5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard. (c) Review.--Not later than 90 days after the staffing standards required by subsection (a) are completed, the Commandant shall submit the standards to the Comptroller General, who shall review the standards and provide recommendations to the Commandant. (d) Report to Congress.--Not later than 180 days after developing such standards, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the standards developed under subsection (a) that includes a plan and a description of the resources and budgetary needs required to implement the standards. (e) Modification, Implementation, and Periodic Updates.--The Commandant shall-- (1) modify such standards as necessary based on the recommendations provided under subsection (c); (2) implement the standards; (3) review and update the standards not less frequently than every 4 years. SEC. 422. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN. (a) In General.--Not later than 270 days after the completion of the studies conducted by the Comptroller General of the United States under sections 8259 and 8260 of the William M. (Mac) Thornberry National Defense Authorization Act of Fiscal Year 2021 (Public Law 116- 283; 134 Stat. 4679), the Commandant shall-- (1) conduct a comprehensive review of the Coast Guard healthcare system; and (2) develop a strategic plan for improvements to, and modernization of, such system to ensure access to high-quality, timely healthcare for members of the Coast Guard, their dependents, and applicable Coast Guard retirees. (b) Plan.-- (1) In general.--The strategic plan developed under subsection (a) shall seek-- (A) to maximize the medical readiness of members of the Coast Guard; (B) to optimize delivery of healthcare benefits; (C) to ensure high-quality training of Coast Guard medical personnel; and (D) to prepare for the future needs of the Coast Guard. (2) Elements.--The plan shall address, at a minimum, the following: (A) Improving access to healthcare for members of the Coast Guard, their dependents, and applicable Coast Guard retirees. (B) Quality of care. (C) The experience and satisfaction of members of the Coast Guard and their dependents with the Coast Guard healthcare system. (D) The readiness of members of the Coast Guard and Coast Guard medical personnel. (c) Advisory Committee.-- (1) Establishment.--The Commandant shall establish an advisory committee to conduct a comprehensive review of the Coast Guard healthcare system (referred to in this section as the ``Advisory Committee''). (2) Membership.-- (A) Composition.--The Advisory Committee shall be composed of members selected by the Commandant, including-- (i) 1 or more members of the uniformed services (as defined in section 101 of title 10, United States Code) or Federal employees with expertise in-- (I) the medical, dental, pharmacy, behavioral health, or reproductive health fields; or (II) any other field the Commandant considers appropriate; (ii) a representative of the Defense Health Agency; and (iii) a medical representative from each Coast Guard district. (3) Chairperson.--The chairperson of the Advisory Committee shall be the Director of the Health, Safety, and Work Life Directorate of the Coast Guard. (4) Staff.--The Advisory Committee shall be staffed by employees of the Coast Guard. (5) Report to commandant.--Not later than 1 year after the Advisory Committee is established, the Advisory Committee shall submit to the Commandant a report that-- (A) takes into consideration the medical staffing standards developed under section 421, assesses the recommended medical staffing standards set forth in the Comptroller General study required by section 8260 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116- 283; 134 Stat. 4679), and compares such standards to the medical staffing standards of the Department of Defense and the private sector; (B) addresses improvements needed to ensure continuity of care for members of the Coast Guard, including by evaluating the feasibility of having a dedicated primary care manager for each such member while the member is stationed at a duty station; (C) evaluates the effects of increased surge deployments of medical personnel on staffing needs at Coast Guard clinics; (D) identifies ways to improve access to care for members of the Coast Guard and their dependents who are stationed in remote areas, including methods to expand access to providers in the available network; (E) identifies ways the Coast Guard may better use Department of Defense Medical Health System resources for members of the Coast Guard, their dependents, and applicable Coast Guard retirees; (F) identifies barriers to participation in the Coast Guard healthcare system and ways the Coast Guard may better use patient feedback to improve quality of care at Coast Guard-owned facilities, military treatment facilities, and specialist referrals; (G) includes recommendations to improve the Coast Guard healthcare system; and (H) any other matter the Commandant or the Advisory Committee considers appropriate. (d) Report to Congress.--Not later than 2 years after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives-- (1) the strategic plan for the Coast Guard medical system required by subsection (a); (2) the report of the Advisory Committee submitted to the Commandant under subsection (c)(5); and (3) a description of the manner in which the Commandant plans to implement the recommendations of the Advisory Committee. SEC. 423. DATA COLLECTION AND ACCESS TO CARE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant, in consultation with the Defense Health Agency and any healthcare expert the Commandant considers appropriate, shall develop a policy to require the collection of data regarding access by members of the Coast Guard and their dependents to medical, dental, and behavioral health care as recommended by the Comptroller General of the United States in the report entitled ``Coast Guard Health Care: Improvements Needed for Determining Staffing Needs and Monitoring Access to Care'' published in February 2022. (b) Elements.--The policy required by subsection (a) shall address the following: (1) Methods to collect data on access to care for-- (A) routine annual physical health assessments; (B) flight physicals for aviators and prospective aviators; (C) sick call; (D) injuries; (E) dental health; and (F) behavioral health conditions. (2) Collection of data on access to care for referrals. (3) Collection of data on access to care for members of the Coast Guard stationed at remote units, aboard Coast Guard cutters, and on deployments. (4) Use of the electronic health record system to improve data collection on access to care. (5) Use of data for addressing the standards of care, including time between requests for appointments and actual appointments, including appointments made with referral services. (c) Review by Comptroller General.-- (1) Submission.--Not later than 15 days after the policy is developed under subsection (a), the Commandant shall submit the policy to the Comptroller General of the United States. (2) Review.--Not later than 180 days after receiving the policy, the Comptroller General shall review the policy and provide recommendations to the Commandant. (3) Modification.--Not later than 60 days after receiving the recommendations of the Comptroller General, the Commandant shall modify the policy as necessary based on such recommendations. (d) Publication and Report to Congress.--Not later than 90 days after the policy is modified under subsection (c)(3), the Commandant shall-- (1) publish the policy on a publicly accessible internet website of the Coast Guard; and (2) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the policy and the manner in which the Commandant plans to address access-to-care deficiencies. (e) Periodic Updates.--Not less frequently than every 5 years, the Commandant shall review and update the policy. SEC. 424. BEHAVIORAL HEALTH POLICY. (a) Sense of Congress.--It is the sense of Congress that-- (1) members of the Coast Guard-- (A) are exposed to high-risk and often stressful duties; and (B) should be encouraged to seek appropriate medical treatment and professional guidance; and (2) after treatment for behavioral health conditions, many members of the Coast Guard should be allowed to resume service in the Coast Guard if they-- (A) are able to do so without persistent duty modifications; and (B) do not pose a risk to themselves or other members of the Coast Guard. (b) Interim Behavioral Health Policy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall establish an interim behavioral health policy for members of the Coast Guard that is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, ``Medical Standards for Military Service: Retention''. (2) Termination.--The interim policy established under paragraph (1) shall remain in effect until the date on which the Commandant issues a permanent behavioral health policy for members of the Coast Guard. (c) Permanent Policy.--In developing a permanent policy with respect to retention and behavioral health, the Commandant shall ensure that, to the extent practicable, the policy of the Coast Guard is in parity with section 5.28 (relating to behavioral health) of Department of Defense Instruction 6130.03, volume 2, ``Medical Standards for Military Service: Retention''. SEC. 425. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY. (a) In General.--Subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 2515. Members asserting post-traumatic stress disorder or traumatic brain injury ``(a) Medical Examination Required.--(1) The Secretary shall ensure that a member of the Coast Guard who has performed Coast Guard operations or has been sexually assaulted during the preceding 2-year period, and who is diagnosed by an appropriate licensed or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise alleges, based on the service of the member or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury. ``(2) A member described in paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary. ``(3)(A) In a case involving post-traumatic stress disorder, the medical examination shall be-- ``(i) performed by-- ``(I) a board-certified or board-eligible psychiatrist; or ``(II) a licensed doctorate-level psychologist; or ``(ii) performed under the close supervision of-- ``(I) a board-certified or board-eligible psychiatrist; or ``(II) a licensed doctorate-level psychologist, a doctorate-level mental health provider, a psychiatry resident, or a clinical or counseling psychologist who has completed a 1-year internship or residency. ``(B) In a case involving traumatic brain injury, the medical examination shall be performed by a physiatrist, psychiatrist, neurosurgeon, or neurologist. ``(b) Purpose of Medical Examination.--The medical examination required by subsection (a) shall assess whether the effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury, constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of the service of the member as other than honorable. ``(c) Inapplicability to Proceedings Under Uniform Code of Military Justice.--The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice. ``(d) Coast Guard Operations Defined.--In this section, the term `Coast Guard operations' has the meaning given that term in section 888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)).''. (b) Clerical Amendment.--The analysis for subchapter I of chapter 25 of title 14, United States Code, is amended by adding at the end the following: ``2515. Members asserting post-traumatic stress disorder or traumatic brain injury.''. SEC. 426. IMPROVEMENTS TO THE PHYSICAL DISABILITY EVALUATION SYSTEM AND TRANSITION PROGRAM. (a) Temporary Policy.--Not later than 60 days after the date of the enactment of this Act, the Commandant shall develop a temporary policy that-- (1) improves timeliness, communication, and outcomes for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process; (2) affords maximum career transition benefits to members of the Coast Guard determined by a Medical Evaluation Board to be unfit for retention in the Coast Guard; and (3) maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the Physical Disability Evaluation System, or a related formal or informal process. (b) Elements.--The policy required by subsection (a) shall include the following: (1) A requirement that any member of the Coast Guard who is undergoing the Physical Disability Evaluation System, or a related formal or informal process, shall be placed in a duty status that allows the member the opportunity to attend necessary medical appointments and other activities relating to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs and career transition planning. (2) In the case of a Medical Evaluation Board report that is not completed within 120 days after the date on which an evaluation by the Medical Evaluation Board was initiated, the option for such a member to enter permissive duty status. (3) A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date on which any verbal or written affirmation is made to the member, command, or medical staff that the evaluation by the Medical Evaluation Board has been initiated. (4) An option for such member to seek an internship under the SkillBridge program established under section 1143(e) of title 10, United States Code, and outside employment aimed at improving the transition of the member to civilian life, only if such an internship or employment does not interfere with necessary medical appointments required for the member's physical disability evaluation. (5) A requirement that not less than 21 days notice shall be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the appointment timeline is in the best interests of the immediate health of the member. (6) A requirement that the Coast Guard shall provide such a member with a written separation date upon the completion of a Medical Evaluation Board report that finds the member unfit to continue active duty. (7) To provide certainty to such a member with respect to a separation date, a policy that ensures-- (A) that accountability measures are in place with respect to Coast Guard delays throughout the Physical Disability Evaluation System, including-- (i) placement of the member in an excess leave status after 270 days have elapsed since the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority; and (ii) a calculation of the costs to retain the member on active duty, including the pay, allowances, and other associated benefits of the member, for the period beginning on the date that is 90 days after the date of initiation of an evaluation by a Medical Evaluation Board by any competent authority and ending on the date on which the member is separated from the Coast Guard; and (B) the availability of administrative solutions to any such delay. (8) With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the member's current billet, to the maximum extent practicable, or to be transferred to a different active-duty billet, so as to minimize any negative impact on the member's career trajectory. (9) A requirement that each respective command shall report to the Coast Guard Personnel Service Center any delay of more than 21 days between each stage of the Physical Disability Evaluation System for any such member, including between stages of the processes, the Medical Evaluation Board, the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board. (10) A requirement that, not later than 7 days after receipt of a report of a delay described in paragraph (9), the Personnel Service Center shall take corrective action, which shall ensure that the Coast Guard exercises maximum discretion to continue the Physical Disability Evaluation System of such a member in a timely manner, unless such delay is caused by the member. (11) A requirement that-- (A) a member of the Coast Guard shall be allowed to make a request for a reasonable delay in the Physical Disability Evaluation System to obtain additional input and consultation from a medical or legal professional; and (B) any such request for delay shall be approved by the Commandant based on a showing of good cause by the member. (c) Report on Temporary Policy.--Not later than 60 days after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the policy developed under subsection (a). (d) Permanent Policy.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall publish a Commandant Instruction making the policy developed under subsection (a) a permanent policy of the Coast Guard. (e) Briefing.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on, and a copy of, the permanent policy. (f) Annual Report on Costs.-- (1) In general.--Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that, for the preceding fiscal year-- (A) details the total aggregate service-wide costs described in subsection (b)(7)(A)(ii) for members of the Coast Guard whose Physical Disability Evaluation System process has exceeded 90 days; and (B) includes for each such member-- (i) an accounting of such costs; and (ii) the number of days that elapsed between the initiation and completion of the Physical Disability Evaluation System process. (2) Personally identifiable information.--A report under paragraph (1) shall not include the personally identifiable information of any member of the Coast Guard. SEC. 427. EXPANSION OF ACCESS TO COUNSELING. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Commandant shall hire, train, and deploy not fewer than an additional 5 behavioral health specialists. (b) Requirement.--Through the hiring process required by subsection (a), the Commandant shall ensure that at least 35 percent of behavioral health specialists employed by the Coast Guard have experience in behavioral healthcare for the purpose of supporting members of the Coast Guard with fertility, infertility, pregnancy, miscarriage, child loss, postpartum depression, and related counseling needs. (c) Accessibility.--The support provided by the behavioral health specialists described in subsection (a)-- (1) may include care delivered via telemedicine; and (2) shall be made widely available to members of the Coast Guard. (d) Authorization of Appropriations.--Of the amounts authorized to be appropriated under section 4902(1)(A) of title 14, United States Code, as amended by section 101 of this Act, $2,000,000 shall be made available to the Commandant for each of fiscal years 2023 and 2024 to carry out this section. SEC. 428. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR MEMBERS OF THE COAST GUARD IN MEDICAL AND RELATED FIELDS. (a) In General.--The Commandant shall expand opportunities for members of the Coast Guard to secure postgraduate degrees in medical and related professional disciplines for the purpose of supporting Coast Guard clinics and operations. (b) Military Training Student Loads.--Section 4904(b)(3) of title 14, United States Code, is amended by striking ``350'' and inserting ``385''. SEC. 429. STUDY ON COAST GUARD TELEMEDICINE PROGRAM. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on the Coast Guard telemedicine program. (b) Elements.--The study required by subsection (a) shall include the following: (1) An assessment of-- (A) the current capabilities and limitations of the Coast Guard telemedicine program; (B) the degree of integration of such program with existing electronic health records; (C) the capability and accessibility of such program, as compared to the capability and accessibility of the telemedicine programs of the Department of Defense and commercial medical providers; (D) the manner in which the Coast Guard telemedicine program may be expanded to provide better clinical and behavioral medical services to members of the Coast Guard, including such members stationed at remote units or onboard Coast Guard cutters at sea; and (E) the costs savings associated with the provision of-- (i) care through telemedicine; and (ii) preventative care. (2) An identification of barriers to full use or expansion of such program. (3) A description of the resources necessary to expand such program to its full capability. (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. SEC. 430. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS. (a) In General.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on Coast Guard medical facilities needs. (b) Elements.--The study required by subsection (a) shall include the following: (1) A current list of Coast Guard medical facilities, including clinics, sickbays, and shipboard facilities. (2) A summary of capital needs for Coast Guard medical facilities, including construction and repair. (3) A summary of equipment upgrade backlogs of Coast Guard medical facilities. (4) An assessment of improvements to Coast Guard medical facilities, including improvements to IT infrastructure, required to enable the Coast Guard to fully use telemedicine and implement other modernization initiatives. (5) An evaluation of the process used by the Coast Guard to identify, monitor, and construct Coast Guard medical facilities. (6) A description of the resources necessary to fully address all Coast Guard medical facilities needs. (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. Subtitle C--Housing SEC. 441. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE UNITS. (a) In General.--Not more than 180 days after the date of the enactment of this Act, the Commandant shall develop a strategy to improve the quality of life for members of the Coast Guard and their dependents who are stationed in remote units. (b) Elements.--The strategy required by subsection (a) shall address the following: (1) Methods to improve the availability or affordability of housing options for members of the Coast Guard and their dependents through-- (A) Coast Guard-owned housing; (B) Coast Guard-facilitated housing; or (C) basic allowance for housing adjustments to rates that are more competitive for members of the Coast Guard seeking privately owned or privately rented housing. (2) Methods to improve access by members of the Coast Guard and their dependents to-- (A) medical, dental, and pediatric care; (B) healthcare specific to women; and (C) behavioral health care. (3) Methods to increase access to child care services, including recommendations for increasing child care capacity and opportunities for care within the Coast Guard and in the private sector. (4) Methods to improve non-Coast Guard network internet access at remote units-- (A) to improve communications between families and members of the Coast Guard on active duty; and (B) for other purposes such as education and training. (5) Methods to support spouses and dependents who face challenges specific to remote locations. (6) Any other matter the Commandant considers appropriate. (c) Briefing.--Not later than 180 days after the strategy required by subsection (a) is completed, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the strategy. (d) Remote Unit Defined.--In this section, the term ``remote unit'' means a unit located in an area in which members of the Coast Guard and their dependents are eligible for TRICARE Prime Remote. SEC. 442. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND CHALLENGES. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study on housing access, cost, and associated challenges facing members of the Coast Guard. (b) Elements.--The study required by subsection (a) shall include the following: (1) An assessment of-- (A) the extent to which-- (i) the Commandant has evaluated the sufficiency, availability, and affordability of housing options for members of the Coast Guard and their dependents; and (ii) the Coast Guard owns and leases housing for members of the Coast Guard and their dependents; (B) the methods used by the Commandant to manage housing data, and the manner in which the Commandant uses such data-- (i) to inform Coast Guard housing policy; and (ii) to guide investments in Coast Guard- owned housing capacity and other investments in housing, such as long-term leases and other options; and (C) the process used by the Commandant to gather and provide information used to calculate housing allowances for members of the Coast Guard and their dependents, including whether the Commandant has established best practices to manage low-data areas. (2) An assessment as to whether it is advantageous for the Coast Guard to continue to use the Department of Defense basic allowance for housing system. (3) Recommendations for actions the Commandant should take to improve the availability and affordability of housing for members of the Coast Guard and their dependents who are stationed in-- (A) remote units located in areas in which members of the Coast Guard and their dependents are eligible for TRICARE Prime Remote; or (B) units located in areas with a high number of vacation rental properties. (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study. (d) Strategy.--Not later than 180 days after the submission of the report required by subsection (c), the Commandant shall publish a Coast Guard housing strategy that addresses the findings set forth in the report, which shall, at a minimum-- (1) address housing inventory shortages and affordability; and (2) include a Coast Guard-owned housing infrastructure investment prioritization plan. SEC. 443. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF ENLISTED MEMBERS OF THE COAST GUARD IN KEY WEST, FLORIDA. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Commandant, in coordination with the Secretary of the Navy, shall commence the conduct of an audit to assess-- (1) the conditions of housing units of enlisted members of the Coast Guard located at Naval Air Station Key West Sigsbee Park Annex; (2) the percentage of those units that are considered unsafe or unhealthy housing units for enlisted members of the Coast Guard and their families; (3) the process used by enlisted members of the Coast Guard and their families to report housing concerns; (4) the extent to which enlisted members of the Coast Guard and their families who experience unsafe or unhealthy housing units incur relocation, per diem, or similar expenses as a direct result of displacement that are not covered by a landlord, insurance, or claims process and the feasibility of providing reimbursement for uncovered expenses; and (5) what is needed to provide appropriate and safe living quarters for enlisted members of the Coast Guard and their families in Key West, Florida. (b) Report.--Not later than 90 days after the commencement of the audit under subsection (a), the Commandant shall submit to the appropriate committees of Congress a report on the results of the audit. (c) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives. (2) Privatized military housing.--The term ``privatized military housing'' means military housing provided under subchapter IV of chapter 169 of title 10, United States Code. (3) Unsafe or unhealthy housing unit.--The term ``unsafe or unhealthy housing unit'' means a unit of privatized military housing in which is present, at levels exceeding national standards or guidelines, at least one of the following hazards: (A) Physiological hazards, including the following: (i) Dampness or microbial growth. (ii) Lead-based paint. (iii) Asbestos or manmade fibers. (iv) Ionizing radiation. (v) Biocides. (vi) Carbon monoxide. (vii) Volatile organic compounds. (viii) Infectious agents. (ix) Fine particulate matter. (B) Psychological hazards, including the following: (i) Ease of access by unlawful intruders. (ii) Lighting issues. (iii) Poor ventilation. (iv) Safety hazards. (v) Other hazards similar to the hazards specified in clauses (i) through (iv). SEC. 444. STUDY ON COAST GUARD HOUSING AUTHORITIES AND PRIVATIZED HOUSING. (a) Study.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study-- (A) to evaluate the authorities of the Coast Guard relating to construction, operation, and maintenance of housing provided to members of the Coast Guard and their dependents; and (B) to assess other options to meet Coast Guard housing needs in rural and urban housing markets, including public-private partnerships, long-term lease agreements, privately owned housing, and any other housing option the Comptroller General identifies. (2) Elements.--The study required by paragraph (1) shall include the following: (A) A review of authorities, regulations, and policies available to the Secretary of the department in which the Coast Guard is operating (referred to in this section as the ``Secretary'') with respect to construction, maintenance, and operation of housing for members of the Coast Guard and their dependents, including unaccompanied member housing, that considers-- (i) housing that is owned and operated by the Coast Guard; (ii) long-term leasing or extended-rental housing; (iii) public-private partnerships or other privatized housing options for which the Secretary may enter into 1 or more contracts with a private entity to build, maintain, and operate privatized housing for members of the Coast Guard and their dependents; (iv) on-installation and off-installation housing options, and the availability of, and authorities relating to, such options; and (v) housing availability near Coast Guard units, readiness needs, and safety. (B) A review of the housing-related authorities, regulations, and policies available to the Secretary of Defense, and an identification of the differences between such authorities afforded to the Secretary of Defense and the housing-related authorities, regulations, and policies afforded to the Secretary. (C) A description of lessons learned or recommendations for the Coast Guard based on the use by the Department of Defense of privatized housing, including the recommendations set forth in the report of the Government Accountability Office entitled ``Privatized Military Housing: Update on DOD's Efforts to Address Oversight Challenges'' (GAO-22-105866), issued in March 2022. (D) An assessment of the extent to which the Secretary has used the authorities provided in subchapter IV of chapter 169 of title 10, United States Code. (E) An analysis of immediate and long-term costs associated with housing owned and operated by the Coast Guard, as compared to opportunities for long-term leases, private housing, and other public-private partnerships in urban and remote locations. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a). (c) Briefing.--Not later than 180 days after the date on which the report required by subsection (b) is submitted, the Commandant or the Secretary shall provide a briefing to the appropriate committees of Congress on-- (1) the actions the Commandant has, or has not, taken with respect to the results of the study; (2) a plan for addressing areas identified in the report that present opportunities for improving the housing options available to members of the Coast Guard and their dependents; and (3) the need for, or potential manner of use of, any authorities the Coast Guard does not have with respect to housing, as compared to the Department of Defense. (d) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. Subtitle D--Other Matters SEC. 451. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR COAST GUARD PERSONNEL. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the availability of appropriate emergency supplies at Coast Guard units. (b) Elements.--The report required by subsection (a) shall include the following: (1) An assessment of the extent to which-- (A) the Commandant ensures that Coast Guard units assess risks and plan accordingly to obtain and maintain appropriate emergency supplies; and (B) Coast Guard units have emergency food and water supplies available according to local emergency preparedness needs. (2) A description of any challenge the Commandant faces in planning for and maintaining adequate emergency supplies for Coast Guard personnel. (c) Publication.--Not later than 90 days after the date of submission of the report required by subsection (a), the Commandant shall publish a strategy and recommendations in response to the report that includes-- (1) a plan for improving emergency preparedness and emergency supplies for Coast Guard units; and (2) a process for periodic review and engagement with Coast Guard units to ensure emerging emergency response supply needs are achieved and maintained. TITLE V--MARITIME Subtitle A--Vessel Safety SEC. 501. ABANDONED SEAFARERS FUND AMENDMENTS. Section 11113(c) of title 46, United States Code, is amended-- (1) in the matter preceding subparagraph (A) of paragraph (1), by inserting ``plus a surcharge of 25 percent of such total amount'' after ``seafarer''; and (2) by striking paragraph (4). SEC. 502. RECEIPTS; INTERNATIONAL AGREEMENTS FOR ICE PATROL SERVICES. Section 80301(c) of title 46, United States Code, is amended by striking the period at the end and inserting ``and subject to appropriations shall be available until expended for the purpose of the Coast Guard international ice patrol program.''. SEC. 503. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS. Notwithstanding any other provision of law, requirements authorized under sections 3509 of title 46, United States Code, shall not apply to any passenger vessel, as defined in section 2101 of such title, that-- (1) carries in excess of 250 passengers; and (2) is, or was, in operation in the internal waters of the United States on voyages inside the Boundary Line, as defined in section 103 of such title, on or before July 27, 2030. SEC. 504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM. (a) In General.--The Secretary shall conduct a pilot program to evaluate the potential use of remotely controlled or autonomous operation and monitoring of certain vessels for the purposes of-- (1) better understanding the complexities of such at-sea operations and potential risks to navigation safety, vessel security, maritime workers, the public, and the environment; (2) gathering observational and performance data from monitoring the use of remotely-controlled or autonomous vessels; and (3) assessing and evaluating regulatory requirements necessary to guide the development of future occurrences of such operations and monitoring activities. (b) Duration and Effective Date.--The duration of the pilot program established under this section shall be not more than 5 years beginning on the date on which the pilot program is established, which shall be not later than 180 days after the date of enactment of this Act. (c) Authorized Activities.--The activities authorized under this section include-- (1) remote over-the-horizon monitoring operations related to the active at-sea recovery of spaceflight components on an unmanned vessel or platform; (2) procedures for the unaccompanied operation and monitoring of an unmanned spaceflight recovery vessel or platform; and (3) unmanned vessel transits and testing operations without a physical tow line related to space launch and recovery operations, except within 12 nautical miles of a port. (d) Interim Authority.--In recognition of potential risks to navigation safety, vessel security, maritime workers, the public, and the environment, and the unique circumstances requiring the use of remotely operated or autonomous vessels, the Secretary, in the pilot program established under subsection (a), may-- (1) allow remotely controlled or autonomous vessel operations to proceed consistent to the extent practicable under titles 33 and 46 of the United States Code, including navigation and manning laws and regulations; (2) modify or waive applicable regulations and guidance as the Secretary considers appropriate to-- (A) allow remote and autonomous vessel at-sea operations and activities to occur while ensuring navigation safety; and (B) ensure the reliable, safe, and secure operation of remotely-controlled or autonomous vessels; and (3) require each remotely operated or autonomous vessel to be at all times under the supervision of 1 or more individuals-- (A) holding a merchant mariner credential which is suitable to the satisfaction of the Coast Guard; and (B) who shall practice due regard for the safety of navigation of the autonomous vessel, to include collision avoidance. (e) Rule of Construction.--Nothing in this section shall be construed to authorize the Secretary to-- (1) permit foreign vessels to participate in the pilot program established under subsection (a); (2) waive or modify applicable laws and regulations under titles 33 and 46 of the United States Code, except to the extent authorized under subsection (d)(2); or (3) waive or modify any regulations arising under international conventions. (f) Savings Provision.--Nothing in this section may be construed to authorize the employment in the coastwise trade of a vessel or platform that does not meet the requirements of sections 12112, 55102, 55103, and 55111 of title 46, United States Code. (g) Briefings.--The Secretary or the designee of the Secretary shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the program established under subsection (a) on a quarterly basis. (h) Report.--Not later than 180 days after the expiration of the pilot program established under subsection (a), the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report regarding an assessment of the execution of the pilot program and implications for maintaining navigation safety, the safety of maritime workers, and the preservation of the environment. (i) GAO Report.-- (1) In general.--Not later than 18 months after the date of enactment of this section, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the state of autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels in Federal waters of the United States. (2) Elements.--The report required under paragraph (1) shall include the following: (A) An assessment of commercially available autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels during the 10 years immediately preceding the date of the report. (B) An analysis of the safety, physical security, cybersecurity, and collision avoidance risks and benefits associated with autonomous and remote technologies in the operation of shipboard equipment and the safe and secure navigation of vessels, including environmental considerations. (C) An assessment of the impact of such autonomous and remote technologies, and all associated technologies, on labor, including-- (i) roles for credentialed and noncredentialed workers regarding such autonomous, remote, and associated technologies; and (ii) training and workforce development needs associated with such technologies. (D) An assessment and evaluation of regulatory requirements necessary to guide the development of future autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels. (E) An assessment of the extent to which such technologies are being used in other countries and how such countries have regulated such technologies. (F) Recommendations regarding authorization, infrastructure, and other requirements necessary for the implementation of such technologies in the United States. (3) Consultation.--The report required under paragraph (1) shall include, at a minimum, consultation with the maritime industry including-- (A) vessel operators, including commercial carriers, entities engaged in exploring for, developing, or producing resources, including non- mineral energy resources in its offshore areas, and supporting entities in the maritime industry; (B) shipboard personnel impacted by any change to autonomous vessel operations, in order to assess the various benefits and risks associated with the implementation of autonomous, remote, and associated technologies in the operation of shipboard equipment and safe and secure navigation of vessels and the impact such technologies would have on maritime jobs and maritime manpower; and (C) relevant federally funded research institutions, non-governmental organizations, and academia. (j) Definitions.--In this section: (1) Merchant mariner credential.--The term ``merchant mariner credential'' means a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to title 46, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating. SEC. 505. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL PASSENGER VESSELS. (a) Restructuring.--Chapter 305 of title 46, United States Code, is amended-- (1) by inserting before section 30501 the following: ``Subchapter I--General Provisions''; (2) by inserting before section 30503 the following: ``Subchapter II--Exoneration and Limitation of Liability''; and (3) by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively. (b) Definitions.--Section 30501 of title 46, United States Code, is amended to read as follows: ``Sec. 30501. Definitions ``In this chapter: ``(1) Covered small passenger vessel.--The term `covered small passenger vessel'-- ``(A) means a small passenger vessel, as defined in section 2101, that is-- ``(i) not a wing-in-ground craft; and ``(ii) carrying-- ``(I) not more than 49 passengers on an overnight domestic voyage; and ``(II) not more than 150 passengers on any voyage that is not an overnight domestic voyage; and ``(B) includes any wooden vessel constructed prior to March 11, 1996, carrying at least 1 passenger for hire. ``(2) Owner.--The term `owner' includes a charterer that mans, supplies, and navigates a vessel at the charterer's own expense or by the charterer's own procurement.''. (c) Applicability.--Section 30502 of title 46, United States Code, is amended-- (1) by striking ``Except as otherwise provided'' and inserting the following: ``(a) In General.--Except as to covered small passenger vessels and as otherwise provided''; (2) by striking ``section 30503'' and inserting ``section 30521''; and (3) by adding at the end the following: ``(b) Application.--Notwithstanding subsection (a), the requirements of section 30526 of this title shall apply to covered small passenger vessels.''. (d) Provisions Requiring Notice of Claim or Limiting Time for Bringing Action.--Section 30526 of title 46, United States Code, as redesignated by subsection (a), is amended-- (1) in subsection (a), by inserting ``and covered small passenger vessels'' after ``seagoing vessels''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``6 months'' and inserting ``2 years''; and (B) in paragraph (2), by striking ``one year'' and inserting ``2 years''. (e) Chapter Analysis.--The analysis for chapter 305 of title 46, United States Code, is amended-- (1) by inserting before the item relating to section 30501 the following: ``subchapter i--general provisions''; (2) by inserting after the item relating to section 30502 the following: ``subchapter ii--exoneration and limitation of liability''; (3) by striking the item relating to section 30501 and inserting the following: ``30501. Definitions.''; and (4) by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively. (f) Conforming Amendments.--Title 46, United States Code, is further amended-- (1) in section 14305(a)(5), by striking ``section 30506'' and inserting ``section 30524''; (2) in section 30523(a), as redesignated by subsection (a), by striking ``section 30506'' and inserting ``section 30524''; (3) in section 30524(b), as redesignated by subsection (a), by striking ``section 30505'' and inserting ``section 30523''; and (4) in section 30525, as redesignated by subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``sections 30505 and 30506'' and inserting ``sections 30523 and 30524''; (B) in paragraph (1), by striking ``section 30505'' and inserting ``section 30523''; and (C) in paragraph (2), by striking ``section 30506(b)'' and inserting ``section 30524(b)''. SEC. 506. MORATORIUM ON TOWING VESSEL INSPECTION USER FEES. Notwithstanding section 9701 of title 31, United States Code, and section 2110 of title 46 of such Code, the Secretary of the department in which the Coast Guard is operating may not charge an inspection fee for a towing vessel that has a certificate of inspection issued under subchapter M of chapter I of title 46, Code of Federal Regulations (or any successor regulation), and that uses the Towing Safety Management System option for compliance with such subchapter, until-- (1) the completion of the review required under section 815 of the Frank LoBiondo Coast Guard Authorization Act of 2018 (14 U.S.C. 946 note; Public Law 115-282); and (2) the promulgation of regulations to establish specific inspection fees for such vessels. SEC. 507. CERTAIN HISTORIC PASSENGER VESSELS. (a) Report on Covered Historic Vessels.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report evaluating the practicability of the application of section 3306(n)(3)(A)(v) of title 46, United States Code, to covered historic vessels. (2) Elements.--The report required under paragraph (1) shall include the following: (A) An assessment of the compliance, as of the date on which the report is submitted in accordance with paragraph (1), of covered historic vessels with section 3306(n)(3)(A)(v) of title 46, United States Code. (B) An assessment of the safety record of covered historic vessels. (C) An assessment of the risk, if any, that modifying the requirements under section 3306(n)(3)(A)(v) of title 46, United States Code, would have on the safety of passengers and crew of covered historic vessels. (D) An evaluation of the economic practicability of the compliance of covered historic vessels with such section 3306(n)(3)(A)(v) and whether that compliance would meaningfully improve safety of passengers and crew in a manner that is both feasible and economically practicable. (E) Any recommendations to improve safety in addition to, or in lieu of, such section 3306(n)(3)(A)(v). (F) Any other recommendations as the Comptroller General determines are appropriate with respect to the applicability of such section 3306(n)(3)(A)(v) to covered historic vessels. (G) An assessment to determine if covered historic vessels could be provided an exemption to such section 3306(n)(3)(A)(v) and what changes to legislative or rulemaking requirements, including modifications to section 177.500(q) of title 46, Code of Federal Regulations (as in effect on the date of enactment of this Act), are necessary to provide the Commandant the authority to make such exemption or to otherwise provide for such exemption. (b) Consultation.--In completing the report required under subsection (a)(1), the Comptroller General may consult with-- (1) the National Transportation Safety Board; (2) the Coast Guard; and (3) the maritime industry, including relevant federally funded research institutions, nongovernmental organizations, and academia. (c) Extension for Covered Historic Vessels.--The captain of a port may waive the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code, with respect to covered historic vessels for not more than 2 years after the date of submission of the report required by subsection (a) to Congress in accordance with such subsection. (d) Savings Clause.--Nothing in this section shall limit any authority available, as of the date of enactment of this Act, to the captain of a port with respect to safety measures or any other authority as necessary for the safety of covered historic vessels. (e) Notice to Passengers.--A covered historic vessel that receives a waiver under subsection (c) shall, beginning on the date on which the requirements under section 3306(n)(3)(A)(v) of title 46, United States Code, take effect, provide a prominently displayed notice on its website, ticket counter, and each ticket for passengers that the vessel is exempt from meeting the Coast Guard safety compliance standards concerning egress as provided for under such section 3306(n)(3)(A)(v). (f) Definition of Covered Historic Vessels.--In this section, the term ``covered historic vessels'' means the following: (1) American Eagle (Official Number 229913). (2) Angelique (Official Number 623562). (3) Heritage (Official Number 649561). (4) J & E Riggin (Official Number 226422). (5) Ladona (Official Number 222228). (6) Lewis R. French (Official Number 015801). (7) Mary Day (Official Number 288714). (8) Stephen Taber (Official Number 115409). (9) Victory Chimes (Official Number 136784). (10) Grace Bailey (Official Number 085754). (11) Mercantile (Official Number 214388). (12) Mistress (Official Number 509004). SEC. 508. COAST GUARD DIGITAL REGISTRATION. Section 12304(a) of title 46, United States Code, is amended-- (1) by striking ``shall be pocketsized,''; and (2) by striking ``, and may be valid'' and inserting ``and may be in hard copy or digital form. The certificate shall be valid''. SEC. 509. RESPONSES TO SAFETY RECOMMENDATIONS. (a) In General.--Chapter 7 of title 14, United States Code, is amended by adding at the end the following: ``Sec. 721. Responses to safety recommendations ``(a) In General.--Not later than 90 days after the submission to the Commandant of a recommendation and supporting justification by the National Transportation Safety Board relating to transportation safety, the Commandant shall submit to the National Transportation Safety Board a written response to the recommendation, which shall include whether the Commandant-- ``(1) concurs with the recommendation; ``(2) partially concurs with the recommendation; or ``(3) does not concur with the recommendation. ``(b) Explanation of Concurrence.--A response under subsection (a) shall include-- ``(1) with respect to a recommendation with which the Commandant concurs, an explanation of the actions the Commandant intends to take to implement such recommendation; ``(2) with respect to a recommendation with which the Commandant partially concurs, an explanation of the actions the Commandant intends to take to implement the portion of such recommendation with which the Commandant partially concurs; and ``(3) with respect to a recommendation with which the Commandant does not concur, the reasons the Commandant does not concur. ``(c) Failure To Respond.--If the National Transportation Safety Board has not received the written response required under subsection (a) by the end of the time period described in that subsection, the National Transportation Safety Board shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that such response has not been received.''. (b) Clerical Amendment.--The analysis for chapter 7 of title 14, United States Code, is amended by adding at the end the following: ``721. Responses to safety recommendations.''. SEC. 510. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND REPORT ON THE COAST GUARD'S OVERSIGHT OF THIRD PARTY ORGANIZATIONS. (a) In General.--The Comptroller General of the United States shall initiate a review, not later than 1 year after the date of enactment of this Act, that assesses the Coast Guard's oversight of third party organizations. (b) Elements.--The study required under subsection (a) shall analyze the following: (1) Coast Guard utilization of third party organizations in its prevention mission, and the extent the Coast Guard plans to increase such use to enhance prevention mission performance, including resource utilization and specialized expertise. (2) The extent the Coast Guard has assessed the potential risks and benefits of using third party organizations to support prevention mission activities. (3) The extent the Coast Guard provides oversight of third party organizations authorized to support prevention mission activities. (c) Report.--The Comptroller General shall submit the results from this study not later than 1 year after initiating the review to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 511. ARTICULATED TUG-BARGE MANNING. (a) In General.--Notwithstanding the watch setting requirements set forth in section 8104 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall authorize an Officer in Charge, Marine Inspection to issue an amended certificate of inspection that does not require engine room watch setting to inspected towing vessels certificated prior to July 19, 2022, forming part of an articulated tug-barge unit, provided that such vessels are equipped with engineering control and monitoring systems of a type accepted for no engine room watch setting under a previously approved Minimum Safe Manning Document or certificate of inspection for articulated tug-barge units. (b) Definitions.--In this section: (1) Certificate of inspection.--The term ``certificate of inspection'' means a certificate of inspection under subchapter M of chapter I of title 46, Code of Federal Regulations. (2) Inspected towing vessel.--The term ``inspected towing vessel'' means a vessel issued a Certificate of Inspection. SEC. 512. ALTERNATE SAFETY COMPLIANCE PROGRAM EXCEPTION FOR CERTAIN VESSELS. Section 4503a of title 46, United States Code, is amended-- (1) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively; and (2) by inserting after subsection (c) the following: ``(d) Subsection (a) shall not apply to a vessel that-- ``(1) is 79 feet or less in length as listed on the vessel's certificate of documentation or certificate of number; and ``(2)(A) successfully completes a dockside examination by the Secretary every 2 years in accordance with section 4502(f)(2) of this title; and ``(B) visibly displays a current decal demonstrating examination compliance in the pilothouse or equivalent space.''. Subtitle B--Other Matters SEC. 521. DEFINITION OF A STATELESS VESSEL. Section 70502(d)(1) of title 46, United States Code, is amended-- (1) in subparagraph (B), by striking ``and'' after the semicolon; (2) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) a vessel aboard which no individual, on request of an officer of the United States authorized to enforce applicable provisions of United States law, claims to be the master or is identified as the individual in charge and that has no other claim of nationality or registry under paragraph (1) or (2) of subsection (e).''. SEC. 522. REPORT ON ENFORCEMENT OF COASTWISE LAWS. Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to Congress a report describing any changes to the enforcement of chapters 121 and 551 of title 46, United States Code, as a result of the amendments to section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) made by section 9503 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283). SEC. 523. STUDY ON MULTI-LEVEL SUPPLY CHAIN SECURITY STRATEGY OF THE DEPARTMENT OF HOMELAND SECURITY. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study that assesses the efforts of the Department of Homeland Security with respect to securing vessels and maritime cargo bound for the United States from national security related risks and threats. (b) Elements.--The study required under subsection (a) shall assess the following: (1) Programs that comprise the maritime strategy of the Department of Homeland Security for securing vessels and maritime cargo bound for the United States, and the extent that such programs cover the critical components of the global supply chain. (2) The extent to which the components of the Department of Homeland Security responsible for maritime security issues have implemented leading practices in collaboration. (3) The extent to which the Department of Homeland Security has assessed the effectiveness of its maritime security strategy. (c) Report.--Not later than 1 year after initiating the study under subsection (a), the Comptroller General of the United States shall submit the results from the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 524. STUDY TO MODERNIZE THE MERCHANT MARINER LICENSING AND DOCUMENTATION SYSTEM. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate, and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on the financial, human, and information technology infrastructure resources needed to establish an electronic merchant mariner licensing and documentation system. (b) Legislative and Regulatory Suggestions.--The report described in subsection (a) shall include recommendations for such legislative or administrative actions as the Commandant determines necessary to establish the electronic merchant mariner licensing and documentation system described in subsection (a) as soon as possible. (c) GAO Report.-- (1) In general.--By not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States, in consultation with the Commandant, shall prepare and submit a report to Congress that evaluates the current processes, as of the date of enactment of this Act, of the National Maritime Center for processing and approving merchant mariner credentials. (2) Contents of evaluation.--The evaluation conducted under paragraph (1) shall include-- (A) an analysis of the effectiveness of the current merchant mariner credentialing process, as of the date of enactment of this Act; (B) an analysis of the backlogs relating to the merchant mariner credentialing process and the reasons for such backlogs; and (C) recommendations for improving and expediting the merchant mariner credentialing process. (3) Definition of merchant mariner credential.--In this subsection, the term ``merchant mariner credential'' means a merchant mariner license, certificate, or document that the Secretary of the department in which the Coast Guard is operating is authorized to issue pursuant to title 46, United States Code. SEC. 525. STUDY AND REPORT ON DEVELOPMENT AND MAINTENANCE OF MARINER RECORDS DATABASE. (a) Study.-- (1) In general.--The Secretary, in coordination with the Commandant and the Administrator of the Maritime Administration and the Commander of the United States Transportation Command, shall conduct a study on the potential benefits and feasibility of developing and maintaining a Coast Guard database that-- (A) contains records with respect to each credentialed mariner, including credential validity, drug and alcohol testing results, and information on any final adjudicated agency action involving a credentialed mariner or regarding any involvement in a marine casualty; and (B) maintains such records in a manner such that data can be readily accessed by the Federal Government for the purpose of assessing workforce needs and for the purpose of the economic and national security of the United States. (2) Elements.--The study required under paragraph (1) shall-- (A) include an assessment of the resources, including information technology, and authorities necessary to develop and maintain the database described in such paragraph; and (B) specifically address the protection of the privacy interests of any individuals whose information may be contained within the database, which shall include limiting access to the database or having access to the database be monitored by, or accessed through, a member of the Coast Guard. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection (a), including findings, conclusions, and recommendations. (c) Definitions.--In this section: (1) Credentialed mariner.--The term ``credentialed mariner'' means an individual with a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to title 46, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of the Department in which the Coast Guard is operating. SEC. 526. ASSESSMENT REGARDING APPLICATION PROCESS FOR MERCHANT MARINER CREDENTIALS. (a) In General.--The Secretary of the department in which the Coast Guard is operating shall conduct an assessment to determine the resources, including personnel and computing resources, required to-- (1) reduce the amount of time necessary to process merchant mariner credentialing applications to not more than 2 weeks after the date of receipt; and (2) develop and maintain an electronic merchant mariner credentialing application. (b) Briefing Required.--Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives with the results of the assessment required under subsection (a). (c) Definition.--In this section, the term ``merchant mariner credentialing application'' means a credentialing application for a merchant mariner license, certificate, or document that the Secretary is authorized to issue pursuant to title 46, United States Code. SEC. 527. MILITARY TO MARINERS ACT OF 2022. (a) Short Title.--This section may be cited as the ``Military to Mariners Act of 2022''. (b) Findings; Sense of Congress.-- (1) Findings.--Congress makes the following findings: (A) The United States Uniformed Services are composed of the world's most highly trained and professional servicemembers. (B) A robust Merchant Marine and ensuring United States mariners can compete in the global workforce are vital to economic and national security. (C) Attracting additional trained and credentialed mariners, particularly from active duty servicemembers and military veterans, will support United States national security requirements and provide meaningful, well-paying jobs to United States veterans. (D) There is a need to ensure that the Federal Government has a robust, state of the art, and efficient merchant mariner credentialing system to support economic and national security. (2) Sense of congress.--It is the sense of Congress that-- (A) veterans and members of the Uniformed Services who pursue credentialing to join the United States Merchant Marine should receive vigorous support; and (B) it is incumbent upon the regulatory bodies of the United States to streamline regulations to facilitate transition of veterans and members of the Uniformed Services into the United States Merchant Marine to maintain a strong maritime presence in the United States and worldwide. (c) Modification of Sea Service Requirements for Merchant Mariner Credentials for Veterans and Members of the Uniformed Services.-- (1) Definitions.--In this subsection: (A) Merchant mariner credential.--The term ``merchant mariner credential'' has the meaning given the term in section 7510 of title 46, United States Code. (B) Secretary.--The term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating. (C) Uniformed services.--The term ``Uniformed Services'' has the meaning given the term ``uniformed services'' in section 2101 of title 5, United States Code. (2) Review and regulations.--Notwithstanding any other provision of law, not later than 2 years after the date of enactment of this Act, the Secretary shall-- (A) review and examine-- (i) the requirements and procedures for veterans and members of the Uniformed Services to receive a merchant mariner credential; (ii) the classifications of sea service acquired through training and service as a member of the Uniformed Services and level of equivalence to sea service on merchant vessels; (iii) the amount of sea service, including percent of the total time onboard for purposes of equivalent underway service, that will be accepted as required experience for all endorsements for applicants for a merchant mariner credential who are veterans or members of the Uniformed Services; (B) provide the availability for a fully internet- based application process for a merchant mariner credential, to the maximum extent practicable; and (C) issue new regulations to-- (i) reduce paperwork, delay, and other burdens for applicants for a merchant mariner credential who are veterans and members of the Uniformed Services, and, if determined to be appropriate, increase the acceptable percentages of time equivalent to sea service for such applicants; and (ii) reduce burdens and create a means of alternative compliance to demonstrate instructor competency for Standards of Training, Certification and Watchkeeping for Seafarers courses. (3) Consultation.--In carrying out paragraph (2), the Secretary shall consult with the National Merchant Marine Personnel Advisory Committee taking into account the present and future needs of the United States Merchant Marine labor workforce. (4) Report.--Not later than 180 days after the date of enactment of this Act, the Committee on the Marine Transportation System shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Armed Services of the House of Representatives, a report that contains an update on the activities carried out to implement-- (A) the July 2020 report by the Committee on the Marine Transportation System to the White House Office of Trade and Manufacturing Policy on the implementation of Executive Order 13860 (84 Fed. Reg. 8407; relating to supporting the transition of active duty servicemembers and military veterans into the Merchant Marine); and (B) section 3511 of the National Defense Authorization Act of 2020 (Public Law 116-92; 133 Stat. 1978). (d) Assessment of Skillbridge for Employment as a Merchant Mariner.--The Secretary of the department in which the Coast Guard is operating, in collaboration with the Secretary of Defense, shall assess the use of the SkillBridge program of the Department of Defense as a means for transitioning active duty sea service personnel toward employment as a merchant mariner. SEC. 528. FLOATING DRY DOCKS. Section 55122(a) of title 46, United States Code, is amended-- (1) in paragraph (1)(C)-- (A) by striking ``(C)'' and inserting ``(C)(i)''; (B) by striking ``2015; and'' and inserting ``2015; or''; and (C) by adding at the end the following: ``(ii) had a letter of intent for purchase by such shipyard or affiliate signed prior to such date of enactment; and''; and (2) in paragraph (2), by inserting ``or occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii'' before the period at the end. TITLE VI--SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION AND RESPONSE SEC. 601. DEFINITIONS. (a) In General.--Section 2101 of title 46, United States Code, is amended-- (1) by redesignating paragraphs (45) through (54) as paragraphs (47) through (56), respectively; and (2) by inserting after paragraph (44) the following: ``(45) `sexual assault' means any form of abuse or contact as defined in chapter 109A of title 18, or a substantially similar offense under a State, local, or Tribal law. ``(46) `sexual harassment' means any of the following: ``(A) Conduct towards an individual (which may have been by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner) that-- ``(i) involves unwelcome sexual advances, requests for sexual favors, or deliberate or repeated offensive comments or gestures of a sexual nature, when-- ``(I) submission to such conduct is made either explicitly or implicitly a term or condition of employment, pay, career, benefits, or entitlements of the individual; ``(II) any submission to, or rejection of, such conduct by the individual is used as a basis for decisions affecting the individual's job, pay, career, benefits, or entitlements; or ``(III) such conduct has the purpose or effect of unreasonably interfering with the individual's work performance or creates an intimidating, hostile, or offensive working environment; and ``(ii) is so severe or pervasive that a reasonable person would perceive, and the individual does perceive, the environment as hostile or offensive. ``(B) Any use or condonation by any person in a supervisory or command position of any form of sexual behavior to control, influence, or affect the career, pay, or job of an individual who is a subordinate to the person. ``(C) Any intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an individual by the individual's supervisor, a supervisor in another area, a coworker, or another credentialed mariner.''. (b) Report.--The Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing any changes the Commandant may propose to the definitions added by the amendments in subsection (a). (c) Conforming Amendments.-- (1) Section 2113(3) of title 46, United States Code, is amended by striking ``section 2101(51)(A)'' and inserting ``section 2101(53)(A)''. (2) Section 4105 of title 46, United States Code, is amended-- (A) in subsections (b)(1) and (c), by striking ``section 2101(51)'' each place it appears and inserting ``section 2101(53)''; and (B) in subsection (d), by striking ``section 2101(51)(A)'' and inserting ``section 2101(53)(A)''. (3) Section 1131(a)(1)(E) of title 49, United States Code, is amended by striking ``section 2101(46)'' and inserting ``116''. SEC. 602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL. (a) In General.--Chapter 75 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 7511. Convicted sex offender as grounds for denial ``(a) Sexual Abuse.--A license, certificate of registry, or merchant mariner's document authorized to be issued under this part shall be denied to an individual who has been convicted of a sexual offense prohibited under-- ``(1) chapter 109A of title 18, except for subsection (b) of section 2244 of title 18; or ``(2) a substantially similar offense under a State, local, or Tribal law. ``(b) Abusive Sexual Contact.--A license, certificate of registry, or merchant mariner's document authorized to be issued under this part may be denied to an individual who within 5 years before applying for the license, certificate, or document, has been convicted of a sexual offense prohibited under subsection (b) of section 2244 of title 18, or a substantially similar offense under a State, local, or Tribal law.''. (b) Clerical Amendment.--The analysis for chapter 75 of title 46, United States Code, is amended by adding at the end the following: ``7511. Convicted sex offender as grounds for denial.''. SEC. 603. ACCOMMODATION; NOTICES. Section 11101 of title 46, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``; and'' and inserting a semicolon; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(5) each crew berthing area shall be equipped with information regarding-- ``(A) vessel owner or company policies prohibiting sexual assault, sexual harassment, retaliation, and drug and alcohol use; and ``(B) procedures and resources to report allegations of sexual assault and sexual harassment, including information-- ``(i) on the contact information, website address, and mobile application of the Coast Guard Investigative Services and the Coast Guard National Command Center, in order to report allegations of sexual assault or sexual harassment; ``(ii) on vessel owner or company procedures to report violations of company policy and access resources; ``(iii) on resources provided by outside organizations such as sexual assault hotlines and counseling; ``(iv) on the retention period for surveillance video recording after an incident of sexual harassment or sexual assault is reported; and ``(v) on additional items specified in regulations issued by, and at the discretion of, the Secretary.''; and (2) in subsection (d), by adding at the end the following: ``In each washing place in a visible location, there shall be information regarding procedures and resources to report alleged sexual assault and sexual harassment upon the vessel, and vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, and drug and alcohol use.''. SEC. 604. PROTECTION AGAINST DISCRIMINATION. Section 2114(a) of title 46, United States Code, is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively; and (B) by inserting after subparagraph (A) the following: ``(B) the seaman in good faith has reported or is about to report to the vessel owner, Coast Guard, or other appropriate Federal agency or department sexual harassment or sexual assault against the seaman or knowledge of sexual harassment or sexual assault against another seaman;''; and (2) in paragraphs (2) and (3), by striking ``paragraph (1)(B)'' each place it appears and inserting ``paragraph (1)(C)''. SEC. 605. ALCOHOL AT SEA. (a) In General.--The Commandant shall seek to enter into an agreement with the National Academy of Sciences not later than 1 year after the date of the enactment of this Act under which the National Academy of Sciences shall prepare an assessment to determine safe levels of alcohol consumption and possession by crew members aboard vessels of the United States engaged in commercial service, except when such possession is associated with the commercial sale to individuals aboard the vessel who are not crew members. (b) Assessment.--The assessment under this section shall-- (1) take into account the safety and security of every individual on the vessel; (2) take into account reported incidences of sexual harassment or sexual assault, as defined in section 2101 of title 46, United States Code; and (3) provide any appropriate recommendations for any changes to laws, including regulations, or employer policies. (c) Submission.--Upon completion of the assessment under this section, the National Academy of Sciences shall submit the assessment to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, the Commandant, and the Secretary of the department in which the Coast Guard is operating. (d) Regulations.--The Commandant-- (1) shall review the findings and recommendations of the assessment under this section by not later than 180 days after receiving the assessment under subsection (c); and (2) taking into account the safety and security of every individual on vessels of the United States engaged in commercial service, may issue regulations relating to alcohol consumption on such vessels. (e) Report Required.--If, by the date that is 2 years after the receipt of the assessment under subsection (c), the Commandant does not issue regulations under subsection (d), the Commandant shall provide a report by such date to the appropriate committees of Congress-- (1) regarding the rationale for not issuing such regulations; and (2) providing other recommendations as necessary to ensure safety at sea. SEC. 606. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS FOR SUSPENSION AND REVOCATION. (a) In General.--Chapter 77 of title 46, United States Code, is amended by inserting after section 7704 the following: ``Sec. 7704a. Sexual harassment or sexual assault as grounds for suspension and revocation ``(a) Sexual Harassment.--If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 10 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual harassment, then the license, certificate of registry, or merchant mariner's document shall be suspended or revoked. ``(b) Sexual Assault.--If it is shown at a hearing under this chapter that a holder of a license, certificate of registry, or merchant mariner's document issued under this part, within 20 years before the beginning of the suspension and revocation proceedings, is the subject of a substantiated claim of sexual assault, then the license, certificate of registry, or merchant mariner's document shall be revoked. ``(c) Substantiated Claim.-- ``(1) In general.--In this section, the term `substantiated claim' means-- ``(A) a legal proceeding or agency action in any administrative proceeding that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State, local, or Tribal law or regulation and for which all appeals have been exhausted, as applicable; or ``(B) a determination after an investigation by the Coast Guard that it is more likely than not that the individual committed sexual harassment or sexual assault as defined in section 2101, if the determination affords appropriate due process rights to the subject of the investigation. ``(2) Investigation by the coast guard.--An investigation by the Coast Guard under paragraph (1)(B) shall include evaluation of the following materials that shall be provided to the Coast Guard: ``(A) Any inquiry or determination made by the employer of the individual as to whether the individual committed sexual harassment or sexual assault. ``(B) Upon request from the Coast Guard, any investigative materials, documents, records, or files in the possession of an employer or former employer of the individual that are related to the claim of sexual harassment or sexual assault by the individual. ``(3) Additional review.--A license, certificate of registry, or merchant mariner's document shall not be suspended or revoked under subsection (a) or (b), unless the substantiated claim is reviewed and affirmed, in accordance with the applicable definition in section 2101, by an administrative law judge at the same suspension or revocation hearing under this chapter described in subsection (a) or (b), as applicable.''. (b) Clerical Amendment.--The analysis for chapter 77 of title 46, United States Code, is amended by inserting after the item relating to section 7704 the following: ``7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.''. SEC. 607. SURVEILLANCE REQUIREMENTS. (a) In General.--Part B of subtitle II of title 46, United States Code, is amended by adding at the end the following: ``CHAPTER 49--OCEANGOING NONPASSENGER COMMERCIAL VESSELS ``Sec. 4901. Surveillance requirements ``(a) Applicability.-- ``(1) In general.--The requirements in this section shall apply to vessels engaged in commercial service that do not carry passengers and are any of the following: ``(A) A documented vessel with overnight accommodations for at least 10 persons on board that-- ``(i) is on a voyage of at least 600 miles and crosses seaward of the boundary line; or ``(ii) is at least 24 meters (79 feet) in overall length and required to have a load line under chapter 51. ``(B) A documented vessel on an international voyage that is of-- ``(i) at least 500 gross tons as measured under section 14502; or ``(ii) an alternate tonnage measured under section 14302 as prescribed by the Secretary under section 14104. ``(C) A vessel with overnight accommodations for at least 10 persons on board that are operating for no less than 72 hours on waters superjacent to the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)). ``(2) Exception.--Notwithstanding paragraph (1), the requirements in this section shall not apply to any fishing vessel, fish processing vessel, or fish tender vessel. ``(b) Requirement for Maintenance of Video Surveillance System.-- Each vessel to which this section applies shall maintain a video surveillance system in accordance with this section. ``(c) Placement of Video and Audio Surveillance Equipment.-- ``(1) In general.--The owner of a vessel to which this section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after the date of enactment of the Coast Guard Authorization Act of 2022, or during the next scheduled drydock, whichever is later. ``(2) Locations.--Video and audio surveillance equipment shall be placed in passageways onto which doors from staterooms open. Such equipment shall be placed in a manner ensuring the visibility of every door in each such passageway. ``(d) Notice of Video and Audio Surveillance.--The owner of a vessel to which this section applies shall provide clear and conspicuous signs on board the vessel notifying the crew of the presence of video and audio surveillance equipment. ``(e) Access to Video and Audio Records.-- ``(1) In general.--The owner of a vessel to which this section applies shall provide to any Federal, State, or other law enforcement official performing official duties in the course and scope of a criminal or marine safety investigation, upon request, a copy of all records of video and audio surveillance that the official believes may provide evidence of a crime reported to law enforcement officials. ``(2) Civil actions.--Except as proscribed by law enforcement authorities or court order, the owner of a vessel to which this section applies shall, upon written request, provide to any individual or the individual's legal representative a copy of all records of video and audio surveillance-- ``(A) in which the individual is a subject of the video and audio surveillance; ``(B) if the request is in conjunction with a legal proceeding or investigation; and ``(C) that may provide evidence of any sexual harassment or sexual assault incident in a civil action. ``(3) Limited access.--The owner of a vessel to which this section applies shall ensure that access to records of video and audio surveillance is limited to the purposes described in this section and not used as part of a labor action against a crew member or employment dispute unless used in a criminal or civil action. ``(f) Retention Requirements.--The owner of a vessel to which this section applies shall retain all records of audio and video surveillance for not less than 4 years after the footage is obtained. Any video and audio surveillance found to be associated with an alleged incident of sexual harassment or sexual assault shall be retained by such owner for not less than 10 years from the date of the alleged incident. The Federal Bureau of Investigation and the Coast Guard are authorized access to all records of video and audio surveillance relevant to an investigation into criminal conduct. ``(g) Personnel Training.--A vessel owner, managing operator, or employer of a seafarer (in this subsection referred to as the `company') shall provide training for all individuals employed by the company for the purpose of responding to incidents of sexual assault or sexual harassment, including-- ``(1) such training to ensure the individuals-- ``(A) retain audio and visual records and other evidence objectively; and ``(B) act impartially without influence from the company or others; and ``(2) training on applicable Federal, State, Tribal, and local laws and regulations regarding sexual assault and sexual harassment investigations and reporting requirements. ``(h) Definition of Owner.--In this section, the term `owner' means the owner, charterer, managing operator, master, or other individual in charge of a vessel.''. (b) Clerical Amendment.--The analysis of subtitle II at the beginning of title 46, United States Code, is amended by adding after the item relating to chapter 47 the following: ``Chapter 49--Oceangoing Nonpassenger Commercial Vessels''. SEC. 608. MASTER KEY CONTROL. (a) In General.--Chapter 31 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 3106. Master key control system ``(a) In General.--The owner of a vessel subject to inspection under section 3301 shall-- ``(1) ensure that such vessel is equipped with a vessel master key control system, manual or electronic, which provides controlled access to all copies of the vessel's master key of which access shall only be available to the individuals described in paragraph (2); ``(2)(A) establish a list of all crew members, identified by position, allowed to access and use the master key; and ``(B) maintain such list upon the vessel within owner records and include such list in the vessel safety management system under section 3203(a)(6); ``(3) record in a log book, which may be electronic and shall be included in the safety management system under section 3203(a)(6), information on all access and use of the vessel's master key, including-- ``(A) dates and times of access; ``(B) the room or location accessed; and ``(C) the name and rank of the crew member that used the master key; and ``(4) make the list under paragraph (2) and the log book under paragraph (3) available upon request to any agent of the Federal Bureau of Investigation, any member of the Coast Guard, and any law enforcement officer performing official duties in the course and scope of an investigation. ``(b) Prohibited Use.--A crew member not included on the list described in subsection (a)(2) shall not have access to or use the master key unless in an emergency and shall immediately notify the master and owner of the vessel following access to or use of such key. ``(c) Penalty.--Any crew member who violates subsection (b) shall be liable to the United States Government for a civil penalty of not more than $1,000, and may be subject to suspension or revocation under section 7703.''. (b) Clerical Amendment.--The analysis for chapter 31 of title 46, United States Code, is amended by adding at the end the following: ``3106. Master key control system.''. SEC. 609. SAFETY MANAGEMENT SYSTEMS. Section 3203 of title 46, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and (B) by inserting after paragraph (4) the following: ``(5) with respect to sexual harassment and sexual assault, procedures and annual training requirements for all responsible persons and vessels to which this chapter applies on-- ``(A) prevention; ``(B) bystander intervention; ``(C) reporting; ``(D) response; and ``(E) investigation; ``(6) the list required under section 3106(a)(2) and the log book required under section 3106(a)(3);''; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (3) by inserting after subsection (a) the following: ``(b) Procedures and Training Requirements.--In prescribing regulations for the procedures and training requirements described in subsection (a)(5), such procedures and requirements shall be consistent with the requirements to report sexual harassment or sexual assault under section 10104. ``(c) Audits.-- ``(1) In general.--Upon discovery of a failure of a responsible person or vessel to comply with a requirement under section 10104 during an audit of a safety management system or from other sources of information acquired by the Coast Guard (including an audit or systematic review under section 10104(g)), the Secretary shall audit the safety management system of a vessel under this section to determine if there is a failure to comply with any other requirement under section 10104. ``(2) Certificates.-- ``(A) Suspension.--During an audit of a safety management system of a vessel required under paragraph (1), the Secretary may suspend the Safety Management Certificate issued for the vessel under section 3205 and issue a separate Safety Management Certificate for the vessel to be in effect for a 3-month period beginning on the date of the issuance of such separate certificate. ``(B) Revocation.--At the conclusion of an audit of a safety management system required under paragraph (1), the Secretary shall revoke the Safety Management Certificate issued for the vessel under section 3205 if the Secretary determines-- ``(i) that the holder of the Safety Management Certificate knowingly, or repeatedly, failed to comply with section 10104; or ``(ii) other failure of the safety management system resulted in the failure to comply with such section. ``(3) Documents of compliance.-- ``(A) In general.--Following an audit of the safety management system of a vessel required under paragraph (1), the Secretary may audit the safety management system of the responsible person for the vessel. ``(B) Suspension.--During an audit under subparagraph (A), the Secretary may suspend the Document of Compliance issued to the responsible person under section 3205 and issue a separate Document of Compliance to such person to be in effect for a 3-month period beginning on the date of the issuance of such separate document. ``(C) Revocation.--At the conclusion of an assessment or an audit of a safety management system under subparagraph (A), the Secretary shall revoke the Document of Compliance issued to the responsible person if the Secretary determines-- ``(i) that the holder of the Document of Compliance knowingly, or repeatedly, failed to comply with section 10104; or ``(ii) that other failure of the safety management system resulted in the failure to comply with such section.''. SEC. 610. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT. Section 10104 of title 46, United States Code, is amended by striking subsections (a) and (b) and inserting the following: ``(a) Mandatory Reporting by Crew Members.-- ``(1) In general.--A crew member of a documented vessel shall report to the Commandant in accordance with subsection (c) any complaint or incident of sexual harassment or sexual assault of which the crew member has firsthand or personal knowledge. ``(2) Penalty.--Except as provided in paragraph (3), a crew member with firsthand or personal knowledge of a sexual assault or sexual harassment incident on a documented vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $25,000. ``(3) Amnesty.--A crew member who knowingly fails to make the required reporting under paragraph (1) shall not be subject to the penalty described in paragraph (2) if the complaint is shared in confidence with the crew member directly from the individual who experienced the sexual harassment or sexual assault or the crew member is a victim advocate as defined in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)). ``(b) Mandatory Reporting by Vessel Owner, Master, Managing Operator, or Employer.-- ``(1) In general.--A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel shall report to the Commandant in accordance with subsection (c) any complaint or incident of sexual harassment or sexual assault involving a crew member in violation of employer policy or law of which such vessel owner, master, managing operator, or employer of the seafarer is made aware. Such reporting shall include results of any investigation into the incident, if applicable, and any action taken against the offending crew member. ``(2) Penalty.--A vessel owner, master, or managing operator of a documented vessel or the employer of a seafarer on that vessel who knowingly fails to report in compliance with paragraph (1) is liable to the United States Government for a civil penalty of not more than $50,000. ``(c) Reporting Procedures.-- ``(1) Timing.-- ``(A) Reports by crew members.--A report required under subsection (a) shall be made as soon as practicable, but not later than 10 days after the individual develops firsthand or personal knowledge of the sexual assault or sexual harassment incident, to the Commandant by the fastest telecommunications channel available. ``(B) Reports by vessel owners, masters, managing operators, or employers.--A report required under subsection (b) shall be made immediately after the vessel owner, master, managing operator, or employer of the seafarer gains knowledge of a sexual assault or sexual harassment incident by the fastest telecommunications channel available. Such report shall be made to the Commandant and the appropriate officer or agency of the government of the country in whose waters the incident occurs. ``(2) Contents.--A report required under subsection (a) or (b) shall include, to the best of the knowledge of the individual making the report-- ``(A) the name, official position or role in relation to the vessel, and contact information of the individual making the report; ``(B) the name and official number of the documented vessel; ``(C) the time and date of the incident; ``(D) the geographic position or location of the vessel when the incident occurred; and ``(E) a brief description of the alleged sexual harassment or sexual assault being reported. ``(3) Receiving reports and collection of information.-- ``(A) Receiving reports.--With respect to reports submitted under this subsection to the Coast Guard, the Commandant-- ``(i) may establish additional reporting procedures, including procedures for receiving reports through-- ``(I) a telephone number that is continuously manned at all times; and ``(II) an email address that is continuously monitored; and ``(ii) shall use procedures that include preserving evidence in such reports and providing emergency service referrals. ``(B) Collection of information.--After receiving a report under this subsection, the Commandant shall collect information related to the identity of each alleged victim, alleged perpetrator, and witness identified in the report through a means designed to protect, to the extent practicable, the personal identifiable information of such individuals. ``(d) Subpoena Authority.-- ``(1) In general.--The Commandant may compel the testimony of witnesses and the production of any evidence by subpoena to determine compliance with this section. ``(2) Jurisdictional limits.--The jurisdictional limits of a subpoena issued under this section are the same as, and are enforceable in the same manner as, subpoenas issued under chapter 63 of this title. ``(e) Company After-action Summary.--A vessel owner, master, managing operator, or employer of a seafarer that makes a report under subsection (b), or becomes aware of a report made under subsection (a) that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident, shall-- ``(1) submit to the Commandant a document with detailed information to describe the actions taken by the vessel owner, master, managing operator, or employer of a seafarer after it became aware of the sexual assault or sexual harassment incident; and ``(2) make such submission not later than 10 days after the vessel owner, master, managing operator, or employer of a seafarer made the report under subsection (b), or became aware of a report made under subsection (a) that involves an individual employed by the owner, master, operator, or employer at the time of the sexual assault or sexual harassment incident. ``(f) Required Company Records.--A vessel owner, master, managing operator, or employer of a seafarer shall-- ``(1) submit to the Commandant copies of all records, including documents, files, recordings, statements, reports, investigatory materials, findings, and any other materials requested by the Commandant related to the claim of sexual assault or sexual harassment; and ``(2) make such submission not later than 14 days after-- ``(A) the vessel owner, master, managing operator, or employer of a seafarer submitted a report under subsection (b); or ``(B) the vessel owner, master, managing operator, or employer of a seafarer acquired knowledge of a report made under subsection (a) that involved individuals employed by the vessel owner, master, managing operator, or employer of a seafarer. ``(g) Investigatory Audit.--The Commandant shall periodically perform an audit or other systematic review of the submissions made under this section to determine if there were any failures to comply with the requirements of this section. ``(h) Civil Penalty.--A vessel owner, master, managing operator, or employer of a seafarer that fails to comply with subsections (e) or (f) is liable to the United States Government for a civil penalty of $50,000 for each day a failure continues. ``(i) Applicability; Regulations.-- ``(1) Effective date.--The requirements of this section take effect on the date of enactment of the Coast Guard Authorization Act of 2022. ``(2) Regulations.--The Commandant may issue regulations to implement the requirements of this section. ``(3) Reports.--Any report required to be made to the Commandant under this section shall be made to the Coast Guard National Command Center, until regulations establishing other reporting procedures are issued.''. SEC. 611. CIVIL ACTIONS FOR PERSONAL INJURY OR DEATH OF SEAMEN. (a) Personal Injury to or Death of Seamen.--Section 30104 of title 46, United States Code, is amended by inserting ``, including an injury resulting from sexual assault or sexual harassment (as such terms are defined in section 2101),'' after ``in the course of employment''. (b) Time Limit on Bringing Maritime Action.--Section 30106 of title 46, United States Code, is amended-- (1) in the section heading, by striking ``for personal injury or death''; (2) by striking ``Except as otherwise'' and inserting the following: ``(a) In General.--Except as otherwise''; and (3) by adding at the end the following: ``(b) Extension for Sexual Offense.--A civil action under subsection (a) arising out of a maritime tort for a claim of sexual harassment or sexual assault, as such terms are defined in section 2101, shall be brought not later than 5 years after the cause of action for a claim of sexual harassment or sexual assault arose.''. (c) Clerical Amendment.--The analysis for chapter 301 of title 46, United States Code, is amended by striking the item relating to section 30106 and inserting the following: ``30106. Time limit on bringing maritime action.''. SEC. 612. ACCESS TO CARE AND SEXUAL ASSAULT FORENSIC EXAMINATIONS. (a) In General.--Subchapter IV of chapter 5 of title 14, United States Code, as amended by section 211, is further amended by adding at the end the following: ``Sec. 565. Access to care and sexual assault forensic examinations ``(a) In General.--Before embarking on any prescheduled voyage, a Coast Guard vessel shall have in place a written operating procedure that ensures that an embarked victim of sexual assault shall have access to a sexual assault forensic examination-- ``(1) as soon as possible after the victim requests an examination; and ``(2) that is treated with the same level of urgency as emergency medical care. ``(b) Requirements.--The written operating procedure required by subsection (a), shall, at a minimum, account for-- ``(1) the health, safety, and privacy of a victim of sexual assault; ``(2) the proximity of ashore or afloat medical facilities, including coordination as necessary with the Department of Defense, including other military departments (as defined in section 101 of title 10, United States Code); ``(3) the availability of aeromedical evacuation; ``(4) the operational capabilities of the vessel concerned; ``(5) the qualifications of medical personnel onboard; ``(6) coordination with law enforcement and the preservation of evidence; ``(7) the means of accessing a sexual assault forensic examination and medical care with a restricted report of sexual assault; ``(8) the availability of nonprescription pregnancy prophylactics; and ``(9) other unique military considerations.''. (b) Study.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall seek to enter into an agreement with the National Academy of Sciences under which the National Academy of Sciences shall conduct a study to assess the feasibility of the development of a self-administered sexual assault forensic examination for use by victims of sexual assault onboard a vessel at sea. (2) Elements.--The study under paragraph (1) shall-- (A) take into account-- (i) the safety and security of the alleged victim of sexual assault; (ii) the ability to properly identify, document, and preserve any evidence relevant to the allegation of sexual assault; and (iii) the applicable criminal procedural laws relating to authenticity, relevance, preservation of evidence, chain of custody, and any other matter relating to evidentiary admissibility; and (B) provide any appropriate recommendation for changes to existing laws, regulations, or employer policies. (3) Report.--Upon completion of the study under paragraph (1), the National Academy of Sciences shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Secretary of the department in which the Coast Guard is operating a report on the findings of the study. (c) Clerical Amendment.--The analysis for subchapter IV of chapter 5 of title 14, United States Code, as amended by section 211, is further amended by adding at the end the following: ``565. Access to care and sexual assault forensic examinations.''. SEC. 613. REPORTS TO CONGRESS. (a) In General.--Chapter 101 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 10105. Reports to Congress ``Not later than 1 year after the date of enactment of the Coast Guard Authorization Act of 2022, and on an annual basis thereafter, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report to include-- ``(1) the number of reports received under section 10104; ``(2) the number of penalties issued under such section; ``(3) the number of open investigations under such section, completed investigations under such section, and the outcomes of such open or completed investigations; ``(4) the number of assessments or audits conducted under section 3203 and the outcome of those assessments or audits; ``(5) a statistical analysis of compliance with the safety management system criteria under section 3203; ``(6) the number of credentials denied or revoked due to sexual harassment, sexual assault, or related offenses; and ``(7) recommendations to support efforts of the Coast Guard to improve investigations and oversight of sexual harassment and sexual assault in the maritime sector, including funding requirements and legislative change proposals necessary to ensure compliance with title VI of the Coast Guard Authorization Act of 2022 and the amendments made by such title.''. (b) Clerical Amendment.--The analysis for chapter 101 of title 46, United States Code, is amended by adding at the end the following: ``10105. Reports to Congress.''. SEC. 614. POLICY ON REQUESTS FOR PERMANENT CHANGES OF STATION OR UNIT TRANSFERS BY PERSONS WHO REPORT BEING THE VICTIM OF SEXUAL ASSAULT. Not later than 30 days after the date of the enactment of this Act, the Commandant, in consultation with the Director of the Health, Safety, and Work Life Directorate, shall issue an interim update to Coast Guard policy guidance to allow a member of the Coast Guard who has reported being the victim of a sexual assault or any other offense covered by section 920, 920c, or 930 of title 10, United States Code (article 120, 120c, or 130 of the Uniform Code of Military Justice) to request an immediate change of station or a unit transfer. The final policy shall be updated not later than 1 year after the date of the enactment of this Act. SEC. 615. SEX OFFENSES AND PERSONNEL RECORDS. Not later than 180 days after the date of the enactment of this Act, the Commandant shall issue final regulations or policy guidance required to fully implement section 1745 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 U.S.C. 1561 note). SEC. 616. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall commence a study to assess the oversight over Coast Guard activities, including investigations, personnel management, whistleblower protection, and other activities carried out by the Department of Homeland Security Office of Inspector General. (b) Elements.--The study required by subsection (a) shall include the following: (1) An analysis of the ability of the Department of Homeland Security Office of Inspector General to ensure timely, thorough, complete, and appropriate oversight over the Coast Guard, including oversight over both civilian and military activities. (2) An assessment of-- (A) the best practices with respect to such oversight; and (B) the ability of the Department of Homeland Security Office of Inspector General and the Commandant to identify and achieve such best practices. (3) An analysis of the methods, standards, and processes employed by the Department of Defense Office of Inspector General and the inspectors generals of the armed forces (as defined in section 101 of title 10, United States Code), other than the Coast Guard, to conduct oversight and investigation activities. (4) An analysis of the methods, standards, and processes of the Department of Homeland Security Office of Inspector General with respect to oversight over the civilian and military activities of the Coast Guard, as compared to the methods, standards, and processes described in paragraph (3). (5) An assessment of the extent to which the Coast Guard Investigative Service completes investigations or other disciplinary measures after referral of complaints from the Department of Homeland Security Office of Inspector General. (6) A description of the staffing, expertise, training, and other resources of the Department of Homeland Security Office of Inspector General, and an assessment as to whether such staffing, expertise, training, and other resources meet the requirements necessary for meaningful, timely, and effective oversight over the activities of the Coast Guard. (c) Report.--Not later than 1 year after commencing the study required by subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study, including recommendations with respect to oversight over Coast Guard activities. SEC. 617. STUDY ON SPECIAL VICTIMS' COUNSEL PROGRAM. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the department in which the Coast Guard is operating shall enter into an agreement with a federally funded research and development center for the conduct of a study on-- (1) the Special Victims' Counsel program of the Coast Guard; (2) Coast Guard investigations of sexual assault offenses for cases in which the subject of the investigation is no longer under jeopardy for the alleged misconduct for reasons including the death of the accused, a lapse in the statute of limitations for the alleged offense, and a fully adjudicated criminal trial of the alleged offense in which all appeals have been exhausted; and (3) legal support and representation provided to members of the Coast Guard who are victims of sexual assault, including in instances in which the accused is a member of the Army, Navy, Air Force, Marine Corps, or Space Force. (b) Elements.--The study required by subsection (a) shall assess the following: (1) The Special Victims' Counsel program of the Coast Guard, including training, effectiveness, capacity to handle the number of cases referred, and experience with cases involving members of the Coast Guard and members of another armed force (as defined in section 101 of title 10, United States Code). (2) The experience of Special Victims' Counsels in representing members of the Coast Guard during a court-martial. (3) Policies concerning the availability and detailing of Special Victims' Counsels for sexual assault allegations, in particular such allegations in which the accused is a member of another armed force (as defined in section 101 of title 10, United States Code), and the impact that the cross-service relationship had on-- (A) the competence and sufficiency of services provided to the alleged victim; and (B) the interaction between-- (i) the investigating agency and the Special Victims' Counsels; and (ii) the prosecuting entity and the Special Victims' Counsels. (4) Training provided to, or made available for, Special Victims' Counsels and paralegals with respect to Department of Defense processes for conducting sexual assault investigations and Special Victims' Counsel representation of sexual assault victims. (5) The ability of Special Victims' Counsels to operate independently without undue influence from third parties, including the command of the accused, the command of the victim, the Judge Advocate General of the Coast Guard, and the Deputy Judge Advocate General of the Coast Guard. (6) The skill level and experience of Special Victims' Counsels, as compared to special victims' counsels available to members of the Army, Navy, Air Force, Marine Corps, and Space Force. (7) Policies regarding access to an alternate Special Victims' Counsel, if requested by the member of the Coast Guard concerned, and potential improvements for such policies. (c) Report.--Not later than 180 days after entering into an agreement under subsection (a), the federally funded research and development center shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes-- (1) the findings of the study required by that subsection; (2) recommendations to improve the coordination, training, and experience of Special Victims' Counsels of the Coast Guard so as to improve outcomes for members of the Coast Guard who have reported sexual assault; and (3) any other recommendation the federally funded research and development center considers appropriate. TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps SEC. 701. DEFINITIONS. Section 212(b) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3002(b)) is amended by adding at the end the following: ``(8) Under secretary.--The term `Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere.''. SEC. 702. REQUIREMENT FOR APPOINTMENTS. Section 221(c) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3021(c)) is amended by striking ``may not be given'' and inserting the following: ``may-- ``(1) be given only to an individual who is a citizen of the United States; and ``(2) not be given''. SEC. 703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER 3 YEARS OF SERVICE. (a) In General.--Section 223 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3023) is amended to read as follows: ``SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED. ``If an officer in the permanent grade of ensign is at any time found not fully qualified, the officer's commission shall be revoked and the officer shall be separated from the commissioned service.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by striking the item relating to section 223 and inserting the following: ``Sec. 223. Separation of ensigns found not fully qualified.''. SEC. 704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS. (a) In General.--Subtitle A of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3001 et seq.) is amended by adding at the end the following: ``SEC. 220. AWARDS AND DECORATIONS. ``The Under Secretary may provide ribbons, medals, badges, trophies, and similar devices to members of the commissioned officer corps of the Administration and to members of other uniformed services for service and achievement in support of the missions of the Administration.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 219 the following: ``Sec. 220. Awards and decorations.''. SEC. 705. RETIREMENT AND SEPARATION. (a) Involuntary Retirement or Separation.--Section 241(a)(1) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(a)(1)) is amended to read as follows: ``(1) an officer in the permanent grade of captain or commander may-- ``(A) except as provided by subparagraph (B), be transferred to the retired list; or ``(B) if the officer is not qualified for retirement, be separated from service; and''. (b) Retirement for Age.--Section 243(a) of that Act (33 U.S.C. 3043(a)) is amended by striking ``be retired'' and inserting ``be retired or separated (as specified in section 1251(e) of title 10, United States Code)''. (c) Retirement or Separation Based on Years of Creditable Service.--Section 261(a) of that Act (33 U.S.C. 3071(a)) is amended-- (1) by redesignating paragraphs (17) through (26) as paragraphs (18) through (27), respectively; and (2) by inserting after paragraph (16) the following: ``(17) Section 1251(e), relating to retirement or separation based on years of creditable service.''. SEC. 706. LICENSURE OF HEALTH-CARE PROFESSIONALS. Section 263 of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3073) is amended-- (1) by striking ``The Secretary'' and inserting ``(a) In General.--The Secretary''; and (2) by adding at the end the following: ``(b) Licensure of Health-care Professionals.-- ``(1) In general.--Notwithstanding any other provision of law regarding the licensure of health-care providers, a health- care professional described in paragraph (2) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or a Commonwealth, territory, or possession of the United States, or in any other area within or beyond the jurisdiction of the United States, regardless of where the health-care professional or the patient of the health-care professional is located, if the practice is within the scope of the authorized Federal duties of the health-care professional. ``(2) Health-care professional described.--A health-care professional described in this paragraph is a health-care professional-- ``(A) who is-- ``(i) a member of the commissioned officer corps of the Administration; ``(ii) a civilian employee of the Administration; ``(iii) an officer or employee of the Public Health Service who is assigned or detailed to the Administration; or ``(iv) any other health-care professional credentialed and privileged at a Federal health-care institution or location specially designated by the Secretary; and ``(B) who-- ``(i) has a current license to practice medicine, osteopathic medicine, dentistry, or another health profession; and ``(ii) is performing authorized duties for the Administration. ``(3) Definitions.--In this subsection: ``(A) Health-care professional.--The term `health- care professional' has the meaning given that term in section 1094(e) of title 10, United States Code, except that such section shall be applied and administered by substituting `Secretary of Commerce' for `Secretary of Defense' each place it appears. ``(B) License.--The term `license' has the meaning given that term in such section.''. SEC. 707. IMPROVING PROFESSIONAL MARINER STAFFING. (a) In General.--Subtitle E of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071 et seq.) is amended by adding at the end the following: ``SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS. ``(a) In General.--The Under Secretary may prescribe regulations relating to shore leave for professional mariners without regard to the requirements of section 6305 of title 5, United States Code. ``(b) Requirements.--The regulations prescribed under subsection (a) shall-- ``(1) require that a professional mariner serving aboard an ocean-going vessel be granted a leave of absence of four days per pay period; and ``(2) provide that a professional mariner serving in a temporary promotion position aboard a vessel may be paid the difference between the mariner's temporary and permanent rates of pay for leave accrued while serving in the temporary promotion position. ``(c) Professional Mariner Defined.--In this section, the term `professional mariner' means an individual employed on a vessel of the Administration who has the necessary expertise to serve in the engineering, deck, steward, electronic technician, or survey department.''. (b) Clerical Amendment.--The table of contents in section 1 of the Act entitled ``An Act to reauthorize the Hydrographic Services Improvement Act of 1998, and for other purposes'' (Public Law 107-372) is amended by inserting after the item relating to section 269A the following: ``Sec. 269B. Shore leave for professional mariners.''. SEC. 708. LEGAL ASSISTANCE. Section 1044(a)(3) of title 10, United States Code, is amended by inserting ``or the commissioned officer corps of the National Oceanic and Atmospheric Administration'' after ``Public Health Service''. SEC. 709. ACQUISITION OF AIRCRAFT FOR EXTREME WEATHER RECONNAISSANCE. (a) Increased Fleet Capacity.-- (1) In general.--The Under Secretary of Commerce for Oceans and Atmosphere shall acquire adequate aircraft platforms with the necessary observation and modification requirements-- (A) to meet agency-wide air reconnaissance and research mission requirements, particularly with respect to hurricanes and tropical cyclones, and also for atmospheric chemistry, climate, air quality for public health, full-season fire weather research and operations, full-season atmospheric river air reconnaissance observations, and other mission areas; and (B) to ensure data and information collected by the aircraft are made available to all users for research and operations purposes. (2) Contracts.--In carrying out paragraph (1), the Under Secretary shall negotiate and enter into 1 or more contracts or other agreements, to the extent practicable and necessary, with 1 or more governmental, commercial, or nongovernmental entities. (3) Derivation of funds.--For each of fiscal years 2023 through 2026, amounts to support the implementation of paragraphs (1) and (2) shall be derived-- (A) from amounts appropriated to the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration and available for the purpose of atmospheric river reconnaissance; and (B) if amounts described in subparagraph (A) are insufficient to support the implementation of paragraphs (1) and (2), from amounts appropriated to that Office and available for purposes other than atmospheric river reconnaissance. (b) Acquisition of Aircraft to Replace the WP-3D Aircraft.-- (1) In general.--Not later than September 30, 2023, the Under Secretary shall enter into a contract for the acquisition of 6 aircraft to replace the WP-3D aircraft that provides for-- (A) the first newly acquired aircraft to be fully operational before the retirement of the last WP-3D aircraft operated by the National Oceanic and Atmospheric Administration; and (B) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is required to be fully operational under subparagraph (A). (2) Authorization of appropriations.--There is authorized to be appropriated to the Under Secretary $1,800,000,000, without fiscal year limitation, for the acquisition of the aircraft under paragraph (1). SEC. 710. REPORT ON PROFESSIONAL MARINER STAFFING MODELS. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the committees specified in subsection (c) a report on staffing issues relating to professional mariners within the Office of Marine and Aviation Operations of the National Oceanic and Atmospheric Administration. (b) Elements.--The report required by subsection (a) shall include consideration of-- (1) the challenges the Office of Marine and Aviation Operations faces in recruiting and retaining qualified professional mariners; (2) workforce planning efforts to address those challenges; and (3) other models or approaches that exist, or are under consideration, to provide incentives for the retention of qualified professional mariners. (c) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Commerce, Science, and Transportation of the Senate; and (2) the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives. (d) Professional Mariner Defined.--In this section, the term ``professional mariner'' means an individual employed on a vessel of the National Oceanic and Atmospheric Administration who has the necessary expertise to serve in the engineering, deck, steward, or survey department. Subtitle B--Other Matters SEC. 711. CONVEYANCE OF CERTAIN PROPERTY OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION IN JUNEAU, ALASKA. (a) Definitions.--In this section: (1) City.--The term ``City'' means the City and Borough of Juneau, Alaska. (2) Master plan.--The term ``Master Plan'' means the Juneau Small Cruise Ship Infrastructure Master Plan released by the Docks and Harbors Board and Port of Juneau for the City and dated March 2021. (3) Property.--The term ``Property'' means the parcel of real property consisting of approximately 2.4 acres, including tidelands, owned by the United States and under administrative custody and control of the National Oceanic and Atmospheric Administration and located at 250 Egan Drive, Juneau, Alaska, including any improvements thereon that are not authorized or required by another provision of law to be conveyed to a specific individual or entity. (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Under Secretary of Commerce for Oceans and Atmosphere and the Administrator of the National Oceanic and Atmospheric Administration. (b) Conveyance Authorized.-- (1) In general.--The Secretary may convey, at fair market value, all right, title, and interest of the United States in and to the Property, subject to subsection (c) and the requirements of this section. (2) Termination of authority.--The authority provided by paragraph (1) shall terminate on the date that is 3 years after the date of the enactment of this Act. (c) Right of First Refusal.--The City shall have the right of first refusal with respect to the purchase, at fair market value, of the Property. (d) Survey.--The exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary. (e) Condition; Quitclaim Deed.--If the Property is conveyed under this section, the Property shall be conveyed-- (1) in an ``as is, where is'' condition; and (2) via a quitclaim deed. (f) Fair Market Value.-- (1) In general.--The fair market value of the Property shall be-- (A) determined by an appraisal that-- (i) is conducted by an independent appraiser selected by the Secretary; and (ii) meets the requirements of paragraph (2); and (B) adjusted, at the Secretary's discretion, based on the factors described in paragraph (3). (2) Appraisal requirements.--An appraisal conducted under paragraph (1)(A) shall be conducted in accordance with nationally recognized appraisal standards, including-- (A) the Uniform Appraisal Standards for Federal Land Acquisitions; and (B) the Uniform Standards of Professional Appraisal Practice. (3) Factors.--The factors described in this paragraph are-- (A) matters of equity and fairness; (B) actions taken by the City regarding the Property, if the City exercises its right of first refusal under subsection (c), including-- (i) comprehensive waterfront planning, site development, and other redevelopment activities supported by the City in proximity to the Property in furtherance of the Master Plan; (ii) in-kind contributions made to facilitate and support use of the Property by governmental agencies; and (iii) any maintenance expenses, capital improvement, or emergency expenditures made necessary to ensure public safety and access to and from the Property; and (C) such other factors as the Secretary considers appropriate. (g) Costs of Conveyance.--If the City exercises its right of first refusal under subsection (c), all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance of the Property to the City under this section may be shared equitably by the Secretary and the City, as determined by the Secretary, including with the City providing in-kind contributions for any or all of such costs. (h) Proceeds.--Notwithstanding section 3302 of title 31, United States Code, or any other provision of law, any proceeds from a conveyance of the Property under this section shall-- (1) be deposited in an account or accounts of the National Oceanic and Atmospheric Administration that exists as of the date of the enactment of this Act; (2) used to cover costs associated with the conveyance, related relocation efforts, and other facility and infrastructure projects in Alaska; and (3) remain available until expended, without further appropriation. (i) Memorandum of Agreement.--If the City exercises its right of first refusal under subsection (c), before finalizing a conveyance to the City under this section, the Secretary and the City shall enter into a memorandum of agreement to establish the terms under which the Secretary shall have future access to, and use of, the Property to accommodate the reasonable expectations of the Secretary for future operational and logistical needs in southeast Alaska. (j) Reservation or Easement for Access and Use.--The conveyance authorized under this section shall be subject to a reservation providing, or an easement granting, the Secretary, at no cost to the United States, a right to access and use the Property that-- (1) is compatible with the Master Plan; and (2) authorizes future operational access and use by other Federal, State, and local government agencies that have customarily used the Property. (k) Liability.-- (1) After conveyance.--An individual or entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out on or after the date and time of the conveyance of the Property. (2) Before conveyance.--The United States shall remain responsible for any liability the United States incurred with respect to activities the United States carried out on the Property before the date and time of the conveyance of the Property. (l) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with a conveyance under this section as the Secretary considers appropriate and reasonable to protect the interests of the United States. (m) Environmental Compliance.--Nothing in this section may be construed to affect or limit the application of or obligation to comply with any applicable environmental law, including-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (2) section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). (n) Conveyance Not a Major Federal Action.--A conveyance under this section shall not be considered a major Federal action for purposes of section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)). TITLE VIII--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS SEC. 801. TECHNICAL CORRECTION. Section 319(b) of title 14, United States Code, is amended by striking ``section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)'' and inserting ``section 44801 of title 49''. SEC. 802. REINSTATEMENT. (a) Reinstatement.--The text of section 12(a) of the Act of June 21, 1940 (33 U.S.C. 522(a)), popularly known as the ``Truman-Hobbs Act'', is-- (1) reinstated as it appeared on the day before the date of the enactment of section 8507(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 4754); and (2) redesignated as the sole text of section 12 of the Act of June 21, 1940 (33 U.S.C. 522). (b) Effective Date.--The provision reinstated by subsection (a) shall be treated as if such section 8507(b) had never taken effect. (c) Conforming Amendment.--The provision reinstated under subsection (a) is amended by striking ``, except to the extent provided in this section''. SEC. 803. TERMS AND VACANCIES. Section 46101(b) of title 46, United States Code, is amended-- (1) in paragraph (2)-- (A) by striking ``one year'' and inserting ``2 years''; and (B) by striking ``2 terms'' and inserting ``3 terms''; and (2) in paragraph (3)-- (A) by striking ``of the individual being succeeded'' and inserting ``to which such individual is appointed''; (B) by striking ``2 terms'' and inserting ``3 terms''; and (C) by striking ``the predecessor of that'' and inserting ``such''. TITLE IX--RULE OF CONSTRUCTION SEC. 901. RULE OF CONSTRUCTION. Nothing in this Act may be construed-- (1) to satisfy any requirement for government-to-government consultation with Tribal governments; or (2) to affect or modify any treaty or other right of any Tribal government. Calendar No. 664 117th CONGRESS 2d Session S. 4802 _______________________________________________________________________

Coast Guard Authorization Act of 2022

A bill to authorize appropriations for the Coast Guard, and for other purposes.

Coast Guard Authorization Act of 2022 Coast Guard Authorization Act of 2022

Sen. Cantwell, Maria

D

WA

This bill authorizes appropriations through FY2023 for the U.S. Coast Guard. It also revises a variety of requirements concerning the Coast Guard's personnel, operations, infrastructure, and environmental compliance. For example, the bill revises requirements concerning maritime cybersecurity and artificial intelligence, workforce readiness, oil spills, healthcare, vessel safety, sexual assault, and sexual harassment.

''.</DELETED> <DELETED>SEC. 1. Definition of Commandant. Authorization for acquisition of vessels. Coast Guard Yard. Artificial intelligence strategy. Data management. Authorized strength. Career incentive pay for marine inspectors. Calculation of active service. Physical disability evaluation system procedure review. Definition of Secretary. Monitoring ocean soundscapes. Oil spill response review. Fishing safety training grants program. Regulations. Study on food security. Healthcare system review and strategic plan. Expansion of access to counseling. Military to Mariners Act of 2022. Master key control. Requirement to report sexual assault and harassment. Reports to Congress. Sex offenses and personnel records. TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps Sec. Authority to provide awards and decorations. Licensure of health-care professionals. 2. (6) The cyber resource and workforce needs of the Coast Guard necessary to meet future mission demands. ``(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (5) An estimate of the likely impact of such activities, including the cost of such activities, on port operations. WESTERN ALASKA OIL SPILL PLANNING CRITERIA. (C) An assessment of any other safety information as the Comptroller General determines appropriate. 1826j(e)). IMPORT AUDITS. 1307) $20,000,000 for each of fiscal years 2023 through 2027. (ii) Elements.--The report required by clause (i) shall include the following: (I) An analysis of the considerations described in subparagraph (B). (5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard. (d) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (f) Conforming Amendments.--Title 46, United States Code, is further amended-- (1) in section 14305(a)(5), by striking ``section 30506'' and inserting ``section 30524''; (2) in section 30523(a), as redesignated by subsection (a), by striking ``section 30506'' and inserting ``section 30524''; (3) in section 30524(b), as redesignated by subsection (a), by striking ``section 30505'' and inserting ``section 30523''; and (4) in section 30525, as redesignated by subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``sections 30505 and 30506'' and inserting ``sections 30523 and 30524''; (B) in paragraph (1), by striking ``section 30505'' and inserting ``section 30523''; and (C) in paragraph (2), by striking ``section 30506(b)'' and inserting ``section 30524(b)''. (7) Mary Day (Official Number 288714). The certificate shall be valid''. Time limit on bringing maritime action.''. The final policy shall be updated not later than 1 year after the date of the enactment of this Act.

''.</DELETED> <DELETED>SEC. 1. Definition of Commandant. Authorization for acquisition of vessels. Coast Guard Yard. Artificial intelligence strategy. Data management. Calculation of active service. Definition of Secretary. Oil spill response review. Fishing safety training grants program. Regulations. Study on food security. Healthcare system review and strategic plan. Requirement to report sexual assault and harassment. Reports to Congress. TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps Sec. Authority to provide awards and decorations. Licensure of health-care professionals. 2. ``(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. (5) An estimate of the likely impact of such activities, including the cost of such activities, on port operations. (C) An assessment of any other safety information as the Comptroller General determines appropriate. 1826j(e)). (ii) Elements.--The report required by clause (i) shall include the following: (I) An analysis of the considerations described in subparagraph (B). (5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard. (d) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (f) Conforming Amendments.--Title 46, United States Code, is further amended-- (1) in section 14305(a)(5), by striking ``section 30506'' and inserting ``section 30524''; (2) in section 30523(a), as redesignated by subsection (a), by striking ``section 30506'' and inserting ``section 30524''; (3) in section 30524(b), as redesignated by subsection (a), by striking ``section 30505'' and inserting ``section 30523''; and (4) in section 30525, as redesignated by subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``sections 30505 and 30506'' and inserting ``sections 30523 and 30524''; (B) in paragraph (1), by striking ``section 30505'' and inserting ``section 30523''; and (C) in paragraph (2), by striking ``section 30506(b)'' and inserting ``section 30524(b)''. The certificate shall be valid''. The final policy shall be updated not later than 1 year after the date of the enactment of this Act.

''.</DELETED> <DELETED>SEC. 1. Definition of Commandant. Authorization for acquisition of vessels. Coast Guard Yard. Artificial intelligence strategy. Data management. Authorized strength. Career incentive pay for marine inspectors. Calculation of active service. Physical disability evaluation system procedure review. Transfer and conveyance. Definition of Secretary. Pilot program to establish a Cetacean Desk for Puget Sound region. Monitoring ocean soundscapes. Accident and incident notification relating to pipelines. Cost-reimbursable agreements. Oil spill response review. Fishing safety training grants program. Regulations. Armed Forces access to Coast Guard child care facilities. Combat-related special compensation. Study on food security. Healthcare system review and strategic plan. Expansion of access to counseling. Strategy to improve quality of life at remote units. Report on enforcement of coastwise laws. Assessment regarding application process for merchant mariner credentials. Military to Mariners Act of 2022. Alcohol at sea. Master key control. Requirement to report sexual assault and harassment. Reports to Congress. Sex offenses and personnel records. TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps Sec. Authority to provide awards and decorations. Licensure of health-care professionals. Legal assistance. 2. 101. Great Lakes icebreaking operations.''. (d) Public Availability.--The Commandant shall make the database available to the public on a publicly accessible internet website of the Coast Guard. (6) The cyber resource and workforce needs of the Coast Guard necessary to meet future mission demands. (B) Any recommendation with respect to the operational availability of Coast Guard aircraft. Officers not on active duty promotion list.''. ); ``(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. ``(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. ``(g) Service on Qualified Organization Board of Directors.--A qualified organization is a designated entity for which authorization under sections 1033(a) and 1589(a) of title 10, may be provided. Support for Coast Guard Academy. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (5) An identification of areas of improvement for such program in the interest of commerce and national security, and the costs associated with such improvements. (5) An estimate of the likely impact of such activities, including the cost of such activities, on port operations. (IV) A prioritized identification of technology or research gaps. WESTERN ALASKA OIL SPILL PLANNING CRITERIA. 1321(j)). (C) An assessment of any other safety information as the Comptroller General determines appropriate. 1826j(e)). IMPORT AUDITS. 1307) $20,000,000 for each of fiscal years 2023 through 2027. (ii) Elements.--The report required by clause (i) shall include the following: (I) An analysis of the considerations described in subparagraph (B). (5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard. (d) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (f) Conforming Amendments.--Title 46, United States Code, is further amended-- (1) in section 14305(a)(5), by striking ``section 30506'' and inserting ``section 30524''; (2) in section 30523(a), as redesignated by subsection (a), by striking ``section 30506'' and inserting ``section 30524''; (3) in section 30524(b), as redesignated by subsection (a), by striking ``section 30505'' and inserting ``section 30523''; and (4) in section 30525, as redesignated by subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``sections 30505 and 30506'' and inserting ``sections 30523 and 30524''; (B) in paragraph (1), by striking ``section 30505'' and inserting ``section 30523''; and (C) in paragraph (2), by striking ``section 30506(b)'' and inserting ``section 30524(b)''. (7) Mary Day (Official Number 288714). The certificate shall be valid''. ``(h) Definition of Owner.--In this section, the term `owner' means the owner, charterer, managing operator, master, or other individual in charge of a vessel.''. Time limit on bringing maritime action.''. The final policy shall be updated not later than 1 year after the date of the enactment of this Act. RETIREMENT AND SEPARATION. is amended by adding at the end the following: ``SEC.

''.</DELETED> <DELETED>SEC. 1. Definition of Commandant. Authorization for acquisition of vessels. Coast Guard Yard. Establishment of the Arctic Security Cutter Program Office. Artificial intelligence strategy. Data management. Authorized strength. Career incentive pay for marine inspectors. Calculation of active service. Physical disability evaluation system procedure review. Transfer and conveyance. Transparency and oversight. Definition of Secretary. Pilot program to establish a Cetacean Desk for Puget Sound region. Monitoring ocean soundscapes. Accident and incident notification relating to pipelines. Cost-reimbursable agreements. Oil spill response review. Fishing safety training grants program. Chapter 1--Combating Human Trafficking Through Seafood Import Monitoring Sec. Authorization of appropriations. Capacity building in foreign fisheries. Regulations. Armed Forces access to Coast Guard child care facilities. Combat-related special compensation. Study on food security. Healthcare system review and strategic plan. Expansion of access to counseling. Strategy to improve quality of life at remote units. Study on Coast Guard housing authorities and privatized housing. Certain historic passenger vessels. Report on enforcement of coastwise laws. Assessment regarding application process for merchant mariner credentials. Military to Mariners Act of 2022. Protection against discrimination. Alcohol at sea. Master key control. Requirement to report sexual assault and harassment. Reports to Congress. Sex offenses and personnel records. TITLE VII--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION Subtitle A--National Oceanic and Atmospheric Administration Commissioned Officer Corps Sec. Authority to provide awards and decorations. Licensure of health-care professionals. Legal assistance. Rule of construction. 2. 101. Great Lakes icebreaking operations.''. (4) Relevant communications of each such commercial vessel or ferry with the Coast Guard and with commercial icebreaking services during such period. (d) Public Availability.--The Commandant shall make the database available to the public on a publicly accessible internet website of the Coast Guard. (6) The cyber resource and workforce needs of the Coast Guard necessary to meet future mission demands. (B) Any recommendation with respect to the operational availability of Coast Guard aircraft. Officers not on active duty promotion list.''. ); ``(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. ``(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members of the special selection review board. (c) Eligible Institution Defined.--In this section, the term ``eligible institution'' means-- (1) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. ``(g) Service on Qualified Organization Board of Directors.--A qualified organization is a designated entity for which authorization under sections 1033(a) and 1589(a) of title 10, may be provided. Support for Coast Guard Academy. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (5) An identification of areas of improvement for such program in the interest of commerce and national security, and the costs associated with such improvements. 311. (5) An estimate of the likely impact of such activities, including the cost of such activities, on port operations. (II) An analysis of the efficacy of the methods and technology in use or planned for deployment for detecting North Atlantic right whales. (IV) A prioritized identification of technology or research gaps. (V) A plan to communicate the risks of injury to large cetaceans to ocean users in a manner that is most likely to result in informed decision making regarding the mitigation of such risks. WESTERN ALASKA OIL SPILL PLANNING CRITERIA. 1321(j)). Such a policy shall ensure safe and effective operation of such vessels. (a) Definitions.--In this section: (1) Covered waters.--The term ``covered waters'' means Federal or State waters off of the Canadian border and out to the furthest extent of the exclusive economic zone. (C) An assessment of any other safety information as the Comptroller General determines appropriate. 1826j(e)). IMPORT AUDITS. 1307) $20,000,000 for each of fiscal years 2023 through 2027. (ii) Elements.--The report required by clause (i) shall include the following: (I) An analysis of the considerations described in subparagraph (B). (5) Any discrepancy between medical staffing standards of the Department of Defense and medical staffing standards of the Coast Guard. (iii) Poor ventilation. (d) Appropriate Committees of Congress.--In this section, the term ``appropriate committees of Congress'' means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (f) Conforming Amendments.--Title 46, United States Code, is further amended-- (1) in section 14305(a)(5), by striking ``section 30506'' and inserting ``section 30524''; (2) in section 30523(a), as redesignated by subsection (a), by striking ``section 30506'' and inserting ``section 30524''; (3) in section 30524(b), as redesignated by subsection (a), by striking ``section 30505'' and inserting ``section 30523''; and (4) in section 30525, as redesignated by subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``sections 30505 and 30506'' and inserting ``sections 30523 and 30524''; (B) in paragraph (1), by striking ``section 30505'' and inserting ``section 30523''; and (C) in paragraph (2), by striking ``section 30506(b)'' and inserting ``section 30524(b)''. (7) Mary Day (Official Number 288714). The certificate shall be valid''. ``(h) Definition of Owner.--In this section, the term `owner' means the owner, charterer, managing operator, master, or other individual in charge of a vessel.''. Time limit on bringing maritime action.''. The final policy shall be updated not later than 1 year after the date of the enactment of this Act. RETIREMENT AND SEPARATION. is amended by adding at the end the following: ``SEC. Nothing in this Act may be construed-- (1) to satisfy any requirement for government-to-government consultation with Tribal governments; or (2) to affect or modify any treaty or other right of any Tribal government.

H.R.9084

Water Resources Development

Working to Advance Tangible and Effective Reforms for California Act or the WATER for California Act This bill addresses the operation of the Central Valley Project (CVP), a federal water project in California owned and operated by the Bureau of Reclamation, and the California State Water Project (SWP), which is operated jointly with the CVP. Specifically, the bill requires that Reclamation operate the CVP and SWP pursuant to a specified alternative to a proposed action in a final environmental impact statement and 2019 agency published Biological Opinions (BiOps). The bill also requires Reclamation and the Department of Commerce to submit a justification to Congress that meets certain requirements prior to requesting or completing a reinitiation of consultation that will result in new BiOps. This bill also requires Reclamation to allocate water to existing agricultural water service contractors within the CVP's Sacramento River Watershed based on the water year type (e.g., dry, wet). These allocations must not affect the United States' ability or obligations to deliver water under other designated contracts. Further, the bill repeals certain eligibility requirements for water infrastructure construction funding under the Infrastructure Investment and Jobs Act to make the Shasta Dam and Reservoir Enlargement Project in California eligible for funding. The bill also requires that Reclamation funds made available but not used for this project in previous appropriations years be made available to the project. Finally, the bill reauthorizes Reclamation's support for the construction or expansion of water storage projects.

To provide long-term water supply and regulatory reliability to drought-stricken California, 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 ``Working to Advance Tangible and Effective Reforms for California Act'' or the ``WATER for California 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. Definitions. TITLE I--CVP AND SWP OPERATIONS Sec. 101. Operation of the CVP and SWP. Sec. 102. Operations and reviews. Sec. 103. Application of State laws. Sec. 104. Reconsultation of NOAA Biological Opinion and FWS Biological Opinion. Sec. 105. Sunset. Sec. 106. Consultation on coordinated operations. TITLE II--ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS Sec. 201. Definitions. Sec. 202. Allocations of water. Sec. 203. Protection of refuge, municipal and industrial and other contractors. Sec. 204. Other contractors. TITLE III--INFRASTRUCTURE Sec. 301. Shasta Reservoir enlargement project. Sec. 302. Water supply plan; projects. Sec. 303. Conservation fish hatcheries. Sec. 304. Storage; Duration. Sec. 305. Shasta Dam enlargement. TITLE IV--CVPIA ACTIONS Sec. 401. CVPIA restoration actions. SEC. 3. DEFINITIONS. In this Act, the following definitions apply: (1) CVP.--The term ``CVP'' means the Central Valley Project. (2) CVP contractor.--The term ``CVP contractor'' means any public water agency, water user organization, or person that has entered into a contract with the United States for water service from the CVP, whether in the form of a water service contract, repayment contract, water rights settlement contract, exchange contract, or refuge contract. (3) FWS biological opinion.--The term ``FWS Biological Opinion'' means the United States Fish and Wildlife Service ``Biological Opinion for the Reinitiation of Consultation on the Coordinated Operations of the Central Valley Project and State Water Project'' (Service File No. 08FBTD00-2019-F-0164) signed on October 21, 2019. (4) NOAA biological opinion.--The term ``NOAA Biological Opinion'' means the National Oceanic and Atmospheric Administration Fisheries ``Biological Opinion on the Long-term Operation of the Central Valley Project and the State Water Project'' (Consultation Tracking Number: WCRO-2016-00069) signed on October 21, 2019. (5) Preferred alternative.--The term ``Preferred Alternative'' means the Alternative 1 (Preferred Alternative), as described in the Final Environmental Impact Statement on the Reinitiation of Consultation on the Coordinated Long-Term Operation of the Central Valley Project and the State Water Project, issued by the Bureau of Reclamation, and dated December 2019. (6) SWP.--The term ``SWP'' means the California State Water Project. (7) SWP contractor.--The term ``SWP contractor'' means a public agency that has entered into a long-term water supply contract with the California Department of Water Resources for water service from the SWP. TITLE I--CVP AND SWP OPERATIONS SEC. 101. OPERATION OF THE CVP AND SWP. (a) Congressional Direction Regarding CVP and SWP Operations.--The CVP and the SWP shall be operated in accordance with the Preferred Alternative and FWS Biological Opinion and NOAA Biological Opinion. (b) Application of Laws and Regulations to Others.--Operation of the CVP and SWP shall proceed pursuant to subsection (a) except to the extent changes to operations are undertaken pursuant to one or more agreements, which are voluntarily entered into, approved, and implemented by CVP contractors, for operations of the CVP, and SWP contractors, for operations of the SWP, with all applicable Federal departments and the State of California, including any agency or board of the State of California. (c) Costs.--No cost, including water supply, financial, mitigation- related, or otherwise, associated with the implementation of any agreement under subsection (b) shall be imposed by any Federal department or agency or the State of California, including any agency or board of the State of California, directly or indirectly on any CVP contractor, SWP contractor, or any other person or entity, unless such costs are incurred on a voluntary basis. (d) Endangered Species Act.--Notwithstanding subsection (b), implementation of subsection (a) shall not conflict with the FWS Biological Opinion and the NOAA Biological Opinion. (e) Native Species Protection.--The State of California shall not impose any bag, catch, or size restriction or limit on the take or harvest of striped bass or any species of black bass, including largemouth bass, smallmouth bass, and spotted bass, that occupy the Sacramento-San Joaquin Rivers Delta or its tributaries. SEC. 102. OPERATIONS AND REVIEWS. In carrying out section 101(a), the Secretary of the Interior and the Secretary of Commerce shall implement their statutory authorities in a manner that improves water supply reliability and enables the CVP and SWP to provide the maximum quantity of water supplies practicable to CVP agricultural, municipal, and industrial contractors, water service or repayment contractors, water rights settlement contractors, exchange contractors, refuge contractors, and SWP contractors, in accordance with the Preferred Alternative, NOAA Biological Opinion, and FWS Biological Opinion. SEC. 103. APPLICATION OF STATE LAWS. (a) Reduced Water Supply.--If, as a result of the application of applicable State law or regulation, the State of California (including any agency or board of the State of California) alters operation of the SWP in a manner that directly or indirectly results in reduced water supply to the SWP as compared with the water supply available under the Preferred Alternative, and as a result, CVP yield is greater than it otherwise would have been under the Preferred Alternative, then that additional yield shall be made available to the SWP for delivery to SWP Contractors to offset that reduced water supply. If it is necessary to reduce water supplies for any authorized uses of the CVP or CVP Contractors to make available to the SWP that additional yield, such reductions shall be applied proportionately to those authorized uses or CVP contractors that benefit from that increased yield. (b) No Restriction of Certain Water Rights.--The State of California (including any agency or board of the State of California) shall not restrict the exercise of any water right obtained pursuant to State law, including but not limited to a pre-1914 appropriative right or riparian right in order to offset any impact resulting from the implementation of this title on any species affected by operations of the CVP or the SWP. SEC. 104. RECONSULTATION OF NOAA BIOLOGICAL OPINION AND FWS BIOLOGICAL OPINION. (a) Requirement for Reconsultation.-- (1) Requirement.--Neither the Secretary of the Interior, acting through the Commissioner of Reclamation, nor the Secretary of Commerce or their designees shall commence, complete, or request reinitiation of consultation on the coordinated long-term operation of the Central Valley Project and the State Water Project that will result in changes to or the replacement of the documents listed in paragraph (2) unless-- (A) more than 75 percent of California has experienced 4 consecutive years of D3 or D4 level drought, as defined by the U.S. Drought Monitor; (B) the Commissioner of Reclamation identifies one specific factor or combination of factors under section 402.16 of title 50, Code of Federal Regulations; and (C) not fewer than 120 days before officially commencing or requesting reinitiation, the Secretary of the Interior notifies the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate, in writing, of-- (i) the intent to commence or request reinitiation under this section; and (ii) the detailed justification for the identification of the specific factor or combination of factors under section 402.16 of title 50, Code of Federal Regulations, that was identified to satisfy the requirement in subparagraph (B). (2) Documents.--The documents referred to in paragraph (1) are the following: (A) The FWS Biological Opinion. (B) The NOAA Biological Opinion. (C) The Record of Decision for the Reinitiation of Consultation on the Coordinated Long-Term Modified Operations of the Central Valley Project and State Water Project, signed on February 18, 2020. (b) Applicable Procedures and Review.--For the purposes of this Act, before reinitiating consultation on the Long-Term Operation of the CVP and SWP, a request by the Secretary of the Interior, the Secretary of the Commerce, or any other Federal employee, to reinitiate consultation shall be made in writing and considered a rule under section 551 of title 5, United States Code, and subject to the requirements of sections 801 through 808 of that title. (c) Cooperation.--In implementing this section, the Secretary of the Interior and the Secretary of Commerce shall comply with requirements included in section 4004 of Public Law 114-322. (d) Exclusion.--Notwithstanding subsection (b), in implementing this section, section 801(b)(2) of title 5, United States Code, shall not apply. SEC. 105. SUNSET. Sections 101 through 104 shall have no force or effect on and after the date that is 7 years after the date of the enactment of this Act. SEC. 106. CONSULTATION ON COORDINATED OPERATIONS. The Water Infrastructure Improvements for The Nation Act (Public Law 114-322) is amended-- (1) in section 4004(a)-- (A) in paragraph (1), by inserting ``or proposed action'' after ``biological assessment,''; (B) in paragraph (2), by inserting ``or proposed action'' after ``biological assessment,''; (C) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; (D) after paragraph (2), by inserting the following new paragraph: ``(3) receive a copy of the proposed action and have the opportunity to review that document and provide comment to the action agency, which comments shall be afforded due consideration during development;''; and (E) in paragraph (7), as redesignated by subparagraph (C) of this paragraph-- (i) in the matter preceding subparagraph (A), by inserting ``action agency proposes a proposed action or'' before ``the consulting agency''; (ii) in subparagraph (A), by inserting ``proposed action or'' before ``alternative will''; and (iii) in subparagraph (B), by striking ``alternative actions'' and insert ``actions or alternatives''; and (2) in section 4013, by deleting ``section 4004, which shall expire 10 years after the date of its enactment;'' and inserting ``section 4004, which shall expire on December 16, 2033;''. TITLE II--ALLOCATIONS FOR SACRAMENTO VALLEY CONTRACTORS SEC. 201. DEFINITIONS. In this title, the following definitions apply: (1) The term ``existing CVP agricultural water service or repayment contractor within the Sacramento River Watershed'' means any water service or repayment contractor within the Shasta, Trinity, or Sacramento River division of the CVP that has in effect a water service or repayment contract on the date of enactment of this title that provides water for irrigation. (2) The terms ``Above Normal'', ``Below Normal'', ``Dry'', and ``Wet'', with respect to a year, have the meanings given those terms in the Sacramento Valley Water Year Type (40-30-30) Index. SEC. 202. ALLOCATIONS OF WATER. Subject to section 203, and notwithstanding any changes to operations of the CVP or SWP voluntarily agreed to, approved, and implemented by CVP contractors, the Secretary of the Interior shall make every reasonable effort in the operation of the CVP to allocate water provided for irrigation purposes to each existing CVP agricultural water service contractor within the Sacramento River Watershed in accordance with the following: (1) Not less than 100 percent of the contract quantity of the existing CVP agricultural water service contractor within the Sacramento River Watershed in a Wet year. (2) Not less than 100 percent of the contract quantity of the existing CVP agricultural water service Contractor within the Sacramento River Watershed in an Above Normal year. (3) Not less than 100 percent of the contract quantity of the existing CVP agricultural water service contractor within the Sacramento River Watershed in a Below Normal year that is preceded by an Above Normal or Wet year. (4) Not less than 50 percent of the contract quantity of the existing CVP agricultural water service contractor within the Sacramento River Watershed in a Dry year that is preceded by a Below Normal, Above Normal, or Wet year. (5) In any other year not identified in any subsections (a) through (d), not less than twice the allocation percentage to south-of-Delta CVP agricultural water service contractors, up to 100 percent. SEC. 203. PROTECTION OF REFUGE, MUNICIPAL AND INDUSTRIAL AND OTHER CONTRACTORS. Nothing in section 202 shall-- (1) adversely affect any protections for the environment, including the obligation of the Secretary of the Interior to make water available to managed wetlands pursuant to section 3406(d) of the Central Valley Project Improvement Act (Title XXXIV of Public Law 102-575; 106 Stat. 4722); (2) adversely affect any obligation of the Secretary of the Interior or the Secretary of Commerce under the FWS Biological Opinion or the NOAA Biological Opinion; (3) modify any provision of a water service contract that addresses municipal or industrial water shortage policies of the Secretary of the Interior; (4) affect or limit the authority of the Secretary of the Interior to adopt or modify municipal and industrial water shortage policies; (5) constrain, govern, or affect, directly or indirectly, the operations of the American River division of the CVP or any deliveries from that division or a unit or facility of that division; or (6) affect any allocation to a CVP municipal or industrial water service contractor by increasing or decreasing allocations to the contractor, as compared to the allocation the contractor would have received absent section 202. SEC. 204. OTHER CONTRACTORS. Nothing in section 202 shall-- (1) affect the priority of any individual or entity with a Sacramento River settlement contract over water service or repayment contractors; (2) affect the United States ability to deliver water to the San Joaquin River exchange contractors from the Sacramento River and the Delta via the Delta-Mendota Canal or modify or amend the rights and obligations under the Purchase Contract between Miller and Lux and the United States and the Second Amended Exchange Contract between the United States, Department of the Interior, Bureau of Reclamation and Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District and Columbia Canal Company; (3) affect the allocation of water to Friant division contractors of the CVP; (4) result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant division; (5) result in the involuntary reduction in water allocations to refuge contractors; or (6) authorize any actions inconsistent with State water rights law. TITLE III--INFRASTRUCTURE SEC. 301. SHASTA RESERVOIR ENLARGEMENT PROJECT. Section 40902(a)(2) of the Infrastructure Investment and Jobs Act (Public Law 117-58) is amended-- (1) in subparagraph (B)-- (A) in the matter preceding clause (i), by striking ``this Act, except for any project for which--'' and inserting ``this Act; or''; and (B) by striking clauses (i) and (ii); and (2) in subparagraph (C), by striking ``(except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible)''. SEC. 302. WATER SUPPLY PLAN; PROJECTS. (a) Plan.--Not later than 180 days after the date of the enactment of this Act, the Commissioner of Reclamation shall develop a water deficit report, which shall identify-- (1) projected water supply shortages in the State of California for irrigation water service, municipal and industrial water service, water supply for wildlife refuges supplied by the CVP or the SWP; and (2) infrastructure projects or actions which, if taken, would-- (A) significantly reduce or eliminate the projected water supply shortage; or (B) fulfill water allocations consistent with agricultural, municipal and industrial contractors, water service or repayment contractors, water rights settlement contractors, exchange contractors, and SWP contractors with water delivery contractors on the CVP and SWP. (b) Report to Congress.--The Commissioner of Reclamation shall provide a report described in subsection (a) to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources upon its completion. SEC. 303. CONSERVATION FISH HATCHERIES. Section 4010(b)(5) of the Water Infrastructure Improvements for The Nation Act (Public Law 114-322) is amended by adding at the end the following: ``(D) Semi-annual report.--The Secretary of the Interior and the Secretary of Commerce shall submit to the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate semi-annual reports that detail activities carried out under this paragraph.''. SEC. 304. STORAGE; DURATION. (a) Storage.--Section 4007 of the Water Infrastructure Improvements for The Nation Act (Public Law 114-322) is amended-- (1) in subsection (b)(1), by striking ``or any public agency organized pursuant to State law'' and inserting ``any public agency organized pursuant to State law, or any stakeholder''; and (2) in subsection (i), by striking ``January 1, 2021'' and inserting ``January 1, 2028''. (b) Duration.--Section 4013 of the Water Infrastructure Improvements for The Nation Act (Public Law 114-322) is amended-- (1) in paragraph (1), by striking ``and''; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) section 4007, which (except as provided in paragraph (3), shall expire on December 31, 2028; and''. SEC. 305. SHASTA DAM ENLARGEMENT. (a) Funding.--In accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322), and as recommended by the Secretary in letters dated February 13, 2019; June 22, 2020; and December 3, 2020; funds made available in the Water and Related Resources account for the Bureau Reclamation in Acts of appropriation for fiscal years 2017, 2018, 2019, 2020, and 2021 shall be made available to the Shasta Dam and Reservoir Enlargement Project. (b) Clarification.--No provision of State law shall preclude or otherwise prevent any public water agency, including a public agency of the State, that contracts for the delivery of CVP water from assisting or cooperating with, whether by loan, grant, license, or otherwise, the planning and construction of any project undertaken by the Bureau of Reclamation to enlarge Shasta Dam. TITLE IV--CVPIA ACTIONS SEC. 401. CVPIA RESTORATION ACTIONS. (a) Refuge Water Supply Program.--Not later than two years after the date of enactment of this Act, the Secretary of the Interior shall complete the refuge water supply program under section 3406(d) of the Central Valley Project Improvement Act (Title XXXIV of Public Law 102- 575; 106 Stat. 4722) and shall, within that two-year period, give priority to completing the refuge water supply program when making funding decisions from the Central Valley Project Restoration Fund established under section 3407 of the Central Valley Project Improvement Act (106 Stat. 4726), the Infrastructure Investment and Jobs Act (Public Law 117-25), the Land and Water Conservation Fund Act (Public Law 88-578), and other sources of funding. (b) Restoration Actions Deemed Complete.--Upon completion of the refuge water supply program pursuant to subsection (a), or September 30, 2025, whichever occurs first, the Secretary of the Interior shall deem complete the fish, wildlife, and habitat mitigation and restoration actions mandated under section 3406 of the Central Valley Project Improvement Act (Title XXXIV of Public Law 102-575; 106 Stat. 4714). <all>

WATER for California Act

To provide long-term water supply and regulatory reliability to drought-stricken California, and for other purposes.

WATER for California Act Working to Advance Tangible and Effective Reforms for California Act

Rep. Valadao, David G.

R

CA

This bill addresses the operation of the Central Valley Project (CVP), a federal water project in California owned and operated by the Bureau of Reclamation, and the California State Water Project (SWP), which is operated jointly with the CVP. Specifically, the bill requires that Reclamation operate the CVP and SWP pursuant to a specified alternative to a proposed action in a final environmental impact statement and 2019 agency published Biological Opinions (BiOps). The bill also requires Reclamation and the Department of Commerce to submit a justification to Congress that meets certain requirements prior to requesting or completing a reinitiation of consultation that will result in new BiOps. This bill also requires Reclamation to allocate water to existing agricultural water service contractors within the CVP's Sacramento River Watershed based on the water year type (e.g., dry, wet). These allocations must not affect the United States' ability or obligations to deliver water under other designated contracts. Further, the bill repeals certain eligibility requirements for water infrastructure construction funding under the Infrastructure Investment and Jobs Act to make the Shasta Dam and Reservoir Enlargement Project in California eligible for funding. The bill also requires that Reclamation funds made available but not used for this project in previous appropriations years be made available to the project. Finally, the bill reauthorizes Reclamation's support for the construction or expansion of water storage projects.

SHORT TITLE. This Act may be cited as the ``Working to Advance Tangible and Effective Reforms for California Act'' or the ``WATER for California Act''. TABLE OF CONTENTS. 1. 2. Operation of the CVP and SWP. Operations and reviews. Application of State laws. Sunset. Definitions. Allocations of water. Protection of refuge, municipal and industrial and other contractors. Other contractors. TITLE III--INFRASTRUCTURE Sec. Water supply plan; projects. Conservation fish hatcheries. Storage; Duration. Shasta Dam enlargement. CVPIA restoration actions. 3. (5) Preferred alternative.--The term ``Preferred Alternative'' means the Alternative 1 (Preferred Alternative), as described in the Final Environmental Impact Statement on the Reinitiation of Consultation on the Coordinated Long-Term Operation of the Central Valley Project and the State Water Project, issued by the Bureau of Reclamation, and dated December 2019. 101. (e) Native Species Protection.--The State of California shall not impose any bag, catch, or size restriction or limit on the take or harvest of striped bass or any species of black bass, including largemouth bass, smallmouth bass, and spotted bass, that occupy the Sacramento-San Joaquin Rivers Delta or its tributaries. 102. 103. 104. (2) Documents.--The documents referred to in paragraph (1) are the following: (A) The FWS Biological Opinion. (B) The NOAA Biological Opinion. (c) Cooperation.--In implementing this section, the Secretary of the Interior and the Secretary of Commerce shall comply with requirements included in section 4004 of Public Law 114-322. 105. Sections 101 through 104 shall have no force or effect on and after the date that is 7 years after the date of the enactment of this Act. 106. 201. 202. (2) Not less than 100 percent of the contract quantity of the existing CVP agricultural water service Contractor within the Sacramento River Watershed in an Above Normal year. 203. 204. 301. 302. (b) Report to Congress.--The Commissioner of Reclamation shall provide a report described in subsection (a) to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources upon its completion. 303. 304. (a) Storage.--Section 4007 of the Water Infrastructure Improvements for The Nation Act (Public Law 114-322) is amended-- (1) in subsection (b)(1), by striking ``or any public agency organized pursuant to State law'' and inserting ``any public agency organized pursuant to State law, or any stakeholder''; and (2) in subsection (i), by striking ``January 1, 2021'' and inserting ``January 1, 2028''. SEC. 305. 401.

SHORT TITLE. This Act may be cited as the ``Working to Advance Tangible and Effective Reforms for California Act'' or the ``WATER for California Act''. TABLE OF CONTENTS. 1. 2. Operation of the CVP and SWP. Application of State laws. Definitions. Allocations of water. Protection of refuge, municipal and industrial and other contractors. Other contractors. TITLE III--INFRASTRUCTURE Sec. Water supply plan; projects. Conservation fish hatcheries. Storage; Duration. Shasta Dam enlargement. CVPIA restoration actions. 3. (5) Preferred alternative.--The term ``Preferred Alternative'' means the Alternative 1 (Preferred Alternative), as described in the Final Environmental Impact Statement on the Reinitiation of Consultation on the Coordinated Long-Term Operation of the Central Valley Project and the State Water Project, issued by the Bureau of Reclamation, and dated December 2019. 101. (e) Native Species Protection.--The State of California shall not impose any bag, catch, or size restriction or limit on the take or harvest of striped bass or any species of black bass, including largemouth bass, smallmouth bass, and spotted bass, that occupy the Sacramento-San Joaquin Rivers Delta or its tributaries. 102. 104. (2) Documents.--The documents referred to in paragraph (1) are the following: (A) The FWS Biological Opinion. (B) The NOAA Biological Opinion. (c) Cooperation.--In implementing this section, the Secretary of the Interior and the Secretary of Commerce shall comply with requirements included in section 4004 of Public Law 114-322. 106. 202. (2) Not less than 100 percent of the contract quantity of the existing CVP agricultural water service Contractor within the Sacramento River Watershed in an Above Normal year. 203. (b) Report to Congress.--The Commissioner of Reclamation shall provide a report described in subsection (a) to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources upon its completion. (a) Storage.--Section 4007 of the Water Infrastructure Improvements for The Nation Act (Public Law 114-322) is amended-- (1) in subsection (b)(1), by striking ``or any public agency organized pursuant to State law'' and inserting ``any public agency organized pursuant to State law, or any stakeholder''; and (2) in subsection (i), by striking ``January 1, 2021'' and inserting ``January 1, 2028''. SEC.

SHORT TITLE. This Act may be cited as the ``Working to Advance Tangible and Effective Reforms for California Act'' or the ``WATER for California Act''. TABLE OF CONTENTS. 1. 2. Operation of the CVP and SWP. Operations and reviews. Application of State laws. Sunset. Definitions. Allocations of water. Protection of refuge, municipal and industrial and other contractors. Other contractors. TITLE III--INFRASTRUCTURE Sec. Water supply plan; projects. Conservation fish hatcheries. Storage; Duration. Shasta Dam enlargement. CVPIA restoration actions. 3. 08FBTD00-2019-F-0164) signed on October 21, 2019. (5) Preferred alternative.--The term ``Preferred Alternative'' means the Alternative 1 (Preferred Alternative), as described in the Final Environmental Impact Statement on the Reinitiation of Consultation on the Coordinated Long-Term Operation of the Central Valley Project and the State Water Project, issued by the Bureau of Reclamation, and dated December 2019. 101. (e) Native Species Protection.--The State of California shall not impose any bag, catch, or size restriction or limit on the take or harvest of striped bass or any species of black bass, including largemouth bass, smallmouth bass, and spotted bass, that occupy the Sacramento-San Joaquin Rivers Delta or its tributaries. 102. 103. If it is necessary to reduce water supplies for any authorized uses of the CVP or CVP Contractors to make available to the SWP that additional yield, such reductions shall be applied proportionately to those authorized uses or CVP contractors that benefit from that increased yield. 104. (2) Documents.--The documents referred to in paragraph (1) are the following: (A) The FWS Biological Opinion. (B) The NOAA Biological Opinion. (c) Cooperation.--In implementing this section, the Secretary of the Interior and the Secretary of Commerce shall comply with requirements included in section 4004 of Public Law 114-322. 105. Sections 101 through 104 shall have no force or effect on and after the date that is 7 years after the date of the enactment of this Act. 106. 201. 202. (2) Not less than 100 percent of the contract quantity of the existing CVP agricultural water service Contractor within the Sacramento River Watershed in an Above Normal year. 203. 204. Nothing in section 202 shall-- (1) affect the priority of any individual or entity with a Sacramento River settlement contract over water service or repayment contractors; (2) affect the United States ability to deliver water to the San Joaquin River exchange contractors from the Sacramento River and the Delta via the Delta-Mendota Canal or modify or amend the rights and obligations under the Purchase Contract between Miller and Lux and the United States and the Second Amended Exchange Contract between the United States, Department of the Interior, Bureau of Reclamation and Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District and Columbia Canal Company; (3) affect the allocation of water to Friant division contractors of the CVP; (4) result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant division; (5) result in the involuntary reduction in water allocations to refuge contractors; or (6) authorize any actions inconsistent with State water rights law. 301. Section 40902(a)(2) of the Infrastructure Investment and Jobs Act (Public Law 117-58) is amended-- (1) in subparagraph (B)-- (A) in the matter preceding clause (i), by striking ``this Act, except for any project for which--'' and inserting ``this Act; or''; and (B) by striking clauses (i) and (ii); and (2) in subparagraph (C), by striking ``(except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible)''. 302. (b) Report to Congress.--The Commissioner of Reclamation shall provide a report described in subsection (a) to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources upon its completion. 303. 304. (a) Storage.--Section 4007 of the Water Infrastructure Improvements for The Nation Act (Public Law 114-322) is amended-- (1) in subsection (b)(1), by striking ``or any public agency organized pursuant to State law'' and inserting ``any public agency organized pursuant to State law, or any stakeholder''; and (2) in subsection (i), by striking ``January 1, 2021'' and inserting ``January 1, 2028''. SEC. 305. 401.

SHORT TITLE. This Act may be cited as the ``Working to Advance Tangible and Effective Reforms for California Act'' or the ``WATER for California Act''. TABLE OF CONTENTS. 1. 2. Operation of the CVP and SWP. Operations and reviews. Application of State laws. Sunset. Definitions. Allocations of water. Protection of refuge, municipal and industrial and other contractors. Other contractors. TITLE III--INFRASTRUCTURE Sec. Water supply plan; projects. Conservation fish hatcheries. Storage; Duration. Shasta Dam enlargement. CVPIA restoration actions. 3. 08FBTD00-2019-F-0164) signed on October 21, 2019. (5) Preferred alternative.--The term ``Preferred Alternative'' means the Alternative 1 (Preferred Alternative), as described in the Final Environmental Impact Statement on the Reinitiation of Consultation on the Coordinated Long-Term Operation of the Central Valley Project and the State Water Project, issued by the Bureau of Reclamation, and dated December 2019. 101. (c) Costs.--No cost, including water supply, financial, mitigation- related, or otherwise, associated with the implementation of any agreement under subsection (b) shall be imposed by any Federal department or agency or the State of California, including any agency or board of the State of California, directly or indirectly on any CVP contractor, SWP contractor, or any other person or entity, unless such costs are incurred on a voluntary basis. (e) Native Species Protection.--The State of California shall not impose any bag, catch, or size restriction or limit on the take or harvest of striped bass or any species of black bass, including largemouth bass, smallmouth bass, and spotted bass, that occupy the Sacramento-San Joaquin Rivers Delta or its tributaries. 102. 103. If it is necessary to reduce water supplies for any authorized uses of the CVP or CVP Contractors to make available to the SWP that additional yield, such reductions shall be applied proportionately to those authorized uses or CVP contractors that benefit from that increased yield. 104. (a) Requirement for Reconsultation.-- (1) Requirement.--Neither the Secretary of the Interior, acting through the Commissioner of Reclamation, nor the Secretary of Commerce or their designees shall commence, complete, or request reinitiation of consultation on the coordinated long-term operation of the Central Valley Project and the State Water Project that will result in changes to or the replacement of the documents listed in paragraph (2) unless-- (A) more than 75 percent of California has experienced 4 consecutive years of D3 or D4 level drought, as defined by the U.S. Drought Monitor; (B) the Commissioner of Reclamation identifies one specific factor or combination of factors under section 402.16 of title 50, Code of Federal Regulations; and (C) not fewer than 120 days before officially commencing or requesting reinitiation, the Secretary of the Interior notifies the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate, in writing, of-- (i) the intent to commence or request reinitiation under this section; and (ii) the detailed justification for the identification of the specific factor or combination of factors under section 402.16 of title 50, Code of Federal Regulations, that was identified to satisfy the requirement in subparagraph (B). (2) Documents.--The documents referred to in paragraph (1) are the following: (A) The FWS Biological Opinion. (B) The NOAA Biological Opinion. (c) Cooperation.--In implementing this section, the Secretary of the Interior and the Secretary of Commerce shall comply with requirements included in section 4004 of Public Law 114-322. 105. Sections 101 through 104 shall have no force or effect on and after the date that is 7 years after the date of the enactment of this Act. 106. 201. 202. (2) Not less than 100 percent of the contract quantity of the existing CVP agricultural water service Contractor within the Sacramento River Watershed in an Above Normal year. 203. 204. Nothing in section 202 shall-- (1) affect the priority of any individual or entity with a Sacramento River settlement contract over water service or repayment contractors; (2) affect the United States ability to deliver water to the San Joaquin River exchange contractors from the Sacramento River and the Delta via the Delta-Mendota Canal or modify or amend the rights and obligations under the Purchase Contract between Miller and Lux and the United States and the Second Amended Exchange Contract between the United States, Department of the Interior, Bureau of Reclamation and Central California Irrigation District, San Luis Canal Company, Firebaugh Canal Water District and Columbia Canal Company; (3) affect the allocation of water to Friant division contractors of the CVP; (4) result in the involuntary reduction in contract water allocations to individuals or entities with contracts to receive water from the Friant division; (5) result in the involuntary reduction in water allocations to refuge contractors; or (6) authorize any actions inconsistent with State water rights law. 301. Section 40902(a)(2) of the Infrastructure Investment and Jobs Act (Public Law 117-58) is amended-- (1) in subparagraph (B)-- (A) in the matter preceding clause (i), by striking ``this Act, except for any project for which--'' and inserting ``this Act; or''; and (B) by striking clauses (i) and (ii); and (2) in subparagraph (C), by striking ``(except that projects described in clauses (i) and (ii) of subparagraph (B) shall not be eligible)''. 302. (b) Report to Congress.--The Commissioner of Reclamation shall provide a report described in subsection (a) to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources upon its completion. 303. 304. (a) Storage.--Section 4007 of the Water Infrastructure Improvements for The Nation Act (Public Law 114-322) is amended-- (1) in subsection (b)(1), by striking ``or any public agency organized pursuant to State law'' and inserting ``any public agency organized pursuant to State law, or any stakeholder''; and (2) in subsection (i), by striking ``January 1, 2021'' and inserting ``January 1, 2028''. SEC. 305. 401. 4714).

H.R.7032

Health

Increasing Transparency in Generic Drug Applications Act of 2022 This bill requires the Food and Drug Administration to inform generic drug applicants, upon request or during review, whether the drug is qualitatively and quantitatively the same as the listed brand-name drug (and if not, the reasons why).

To amend section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) with respect to a process to inform persons submitting an abbreviated application for a new drug whether the new drug is qualitatively or quantitatively the same as a listed drug, 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 ``Increasing Transparency in Generic Drug Applications Act of 2022''. SEC. 2. DETERMINING WHETHER PROPOSED NEW GENERIC DRUGS ARE QUALITATIVELY OR QUANTITATIVELY THE SAME AS THE LISTED DRUG. (a) In General.--Section 505(j)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by adding at the end the following: ``(H)(i) Upon request (in controlled correspondence or otherwise) by a person that has submitted or intends to submit an abbreviated application for a new drug under this subsection or on the Secretary's own initiative during the review of such abbreviated application, the Secretary shall inform the person whether such new drug is qualitatively and quantitatively the same as the listed drug. ``(ii) If the Secretary determines that such new drug is not qualitatively or quantitatively the same as the listed drug, the Secretary shall identify and disclose to the person-- ``(I) the ingredient or ingredients that cause the new drug not to be qualitatively or quantitatively the same as the listed drug; and ``(II) the quantity or proportion of any ingredient in the listed drug for which there is an identified quantitative deviation. ``(iii) If the Secretary determines that such new drug is qualitatively and quantitatively the same as the listed drug, the Secretary shall not change or rescind such determination after the submission of an abbreviated application for such new drug under this subsection unless-- ``(I) the formulation of the listed drug has been changed and the Secretary has determined that the prior listed drug formulation was withdrawn for reasons of safety or effectiveness; or ``(II) the Secretary makes a written determination that the prior determination must be changed because an error has been identified. ``(iv) If the Secretary makes a written determination described in clause (iii)(II), the Secretary shall provide notice and a copy of the written determination to the person making the request under clause (i). ``(v) The disclosures required by this subparagraph are disclosures authorized by law under section 1905 of title 18, United States Code.''. (b) Guidance.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance describing how the Secretary will determine whether a new drug is qualitatively and quantitatively the same as the listed drug (as such terms are used in section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)), including with respect to assessing pH adjusters. (2) Process.--In issuing guidance as required by paragraph (1), the Secretary of Health and Human Services shall-- (A) publish draft guidance; (B) provide a period of at least 60 days for comment on the draft guidance; and (C) after considering any comments received, publish final guidance. (c) Applicability.--Section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date of enactment of this Act, irrespective of the date on which the guidance required by subsection (b) is finalized. <all>

Increasing Transparency in Generic Drug Applications Act of 2022

To amend section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) with respect to a process to inform persons submitting an abbreviated application for a new drug whether the new drug is qualitatively or quantitatively the same as a listed drug, and for other purposes.

Increasing Transparency in Generic Drug Applications Act of 2022

Rep. Kuster, Ann M.

D

NH

This bill requires the Food and Drug Administration to inform generic drug applicants, upon request or during review, whether the drug is qualitatively and quantitatively the same as the listed brand-name drug (and if not, the reasons why).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Transparency in Generic Drug Applications Act of 2022''. SEC. DETERMINING WHETHER PROPOSED NEW GENERIC DRUGS ARE QUALITATIVELY OR QUANTITATIVELY THE SAME AS THE LISTED DRUG. (a) In General.--Section 505(j)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by adding at the end the following: ``(H)(i) Upon request (in controlled correspondence or otherwise) by a person that has submitted or intends to submit an abbreviated application for a new drug under this subsection or on the Secretary's own initiative during the review of such abbreviated application, the Secretary shall inform the person whether such new drug is qualitatively and quantitatively the same as the listed drug. ``(ii) If the Secretary determines that such new drug is not qualitatively or quantitatively the same as the listed drug, the Secretary shall identify and disclose to the person-- ``(I) the ingredient or ingredients that cause the new drug not to be qualitatively or quantitatively the same as the listed drug; and ``(II) the quantity or proportion of any ingredient in the listed drug for which there is an identified quantitative deviation. ``(iii) If the Secretary determines that such new drug is qualitatively and quantitatively the same as the listed drug, the Secretary shall not change or rescind such determination after the submission of an abbreviated application for such new drug under this subsection unless-- ``(I) the formulation of the listed drug has been changed and the Secretary has determined that the prior listed drug formulation was withdrawn for reasons of safety or effectiveness; or ``(II) the Secretary makes a written determination that the prior determination must be changed because an error has been identified. ``(iv) If the Secretary makes a written determination described in clause (iii)(II), the Secretary shall provide notice and a copy of the written determination to the person making the request under clause (i). ``(v) The disclosures required by this subparagraph are disclosures authorized by law under section 1905 of title 18, United States Code.''. (2) Process.--In issuing guidance as required by paragraph (1), the Secretary of Health and Human Services shall-- (A) publish draft guidance; (B) provide a period of at least 60 days for comment on the draft guidance; and (C) after considering any comments received, publish final guidance. (c) Applicability.--Section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date of enactment of this Act, irrespective of the date on which the guidance required by subsection (b) is finalized.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Transparency in Generic Drug Applications Act of 2022''. SEC. DETERMINING WHETHER PROPOSED NEW GENERIC DRUGS ARE QUALITATIVELY OR QUANTITATIVELY THE SAME AS THE LISTED DRUG. (a) In General.--Section 505(j)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by adding at the end the following: ``(H)(i) Upon request (in controlled correspondence or otherwise) by a person that has submitted or intends to submit an abbreviated application for a new drug under this subsection or on the Secretary's own initiative during the review of such abbreviated application, the Secretary shall inform the person whether such new drug is qualitatively and quantitatively the same as the listed drug. ``(ii) If the Secretary determines that such new drug is not qualitatively or quantitatively the same as the listed drug, the Secretary shall identify and disclose to the person-- ``(I) the ingredient or ingredients that cause the new drug not to be qualitatively or quantitatively the same as the listed drug; and ``(II) the quantity or proportion of any ingredient in the listed drug for which there is an identified quantitative deviation. ``(iv) If the Secretary makes a written determination described in clause (iii)(II), the Secretary shall provide notice and a copy of the written determination to the person making the request under clause (i). ``(v) The disclosures required by this subparagraph are disclosures authorized by law under section 1905 of title 18, United States Code.''. (2) Process.--In issuing guidance as required by paragraph (1), the Secretary of Health and Human Services shall-- (A) publish draft guidance; (B) provide a period of at least 60 days for comment on the draft guidance; and (C) after considering any comments received, publish final guidance. (c) Applicability.--Section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date of enactment of this Act, irrespective of the date on which the guidance required by subsection (b) is finalized.

To amend section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) with respect to a process to inform persons submitting an abbreviated application for a new drug whether the new drug is qualitatively or quantitatively the same as a listed drug, 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 ``Increasing Transparency in Generic Drug Applications Act of 2022''. SEC. 2. DETERMINING WHETHER PROPOSED NEW GENERIC DRUGS ARE QUALITATIVELY OR QUANTITATIVELY THE SAME AS THE LISTED DRUG. (a) In General.--Section 505(j)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by adding at the end the following: ``(H)(i) Upon request (in controlled correspondence or otherwise) by a person that has submitted or intends to submit an abbreviated application for a new drug under this subsection or on the Secretary's own initiative during the review of such abbreviated application, the Secretary shall inform the person whether such new drug is qualitatively and quantitatively the same as the listed drug. ``(ii) If the Secretary determines that such new drug is not qualitatively or quantitatively the same as the listed drug, the Secretary shall identify and disclose to the person-- ``(I) the ingredient or ingredients that cause the new drug not to be qualitatively or quantitatively the same as the listed drug; and ``(II) the quantity or proportion of any ingredient in the listed drug for which there is an identified quantitative deviation. ``(iii) If the Secretary determines that such new drug is qualitatively and quantitatively the same as the listed drug, the Secretary shall not change or rescind such determination after the submission of an abbreviated application for such new drug under this subsection unless-- ``(I) the formulation of the listed drug has been changed and the Secretary has determined that the prior listed drug formulation was withdrawn for reasons of safety or effectiveness; or ``(II) the Secretary makes a written determination that the prior determination must be changed because an error has been identified. ``(iv) If the Secretary makes a written determination described in clause (iii)(II), the Secretary shall provide notice and a copy of the written determination to the person making the request under clause (i). ``(v) The disclosures required by this subparagraph are disclosures authorized by law under section 1905 of title 18, United States Code.''. (b) Guidance.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance describing how the Secretary will determine whether a new drug is qualitatively and quantitatively the same as the listed drug (as such terms are used in section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)), including with respect to assessing pH adjusters. (2) Process.--In issuing guidance as required by paragraph (1), the Secretary of Health and Human Services shall-- (A) publish draft guidance; (B) provide a period of at least 60 days for comment on the draft guidance; and (C) after considering any comments received, publish final guidance. (c) Applicability.--Section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date of enactment of this Act, irrespective of the date on which the guidance required by subsection (b) is finalized. <all>

To amend section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) with respect to a process to inform persons submitting an abbreviated application for a new drug whether the new drug is qualitatively or quantitatively the same as a listed drug, 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 ``Increasing Transparency in Generic Drug Applications Act of 2022''. SEC. 2. DETERMINING WHETHER PROPOSED NEW GENERIC DRUGS ARE QUALITATIVELY OR QUANTITATIVELY THE SAME AS THE LISTED DRUG. (a) In General.--Section 505(j)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(3)) is amended by adding at the end the following: ``(H)(i) Upon request (in controlled correspondence or otherwise) by a person that has submitted or intends to submit an abbreviated application for a new drug under this subsection or on the Secretary's own initiative during the review of such abbreviated application, the Secretary shall inform the person whether such new drug is qualitatively and quantitatively the same as the listed drug. ``(ii) If the Secretary determines that such new drug is not qualitatively or quantitatively the same as the listed drug, the Secretary shall identify and disclose to the person-- ``(I) the ingredient or ingredients that cause the new drug not to be qualitatively or quantitatively the same as the listed drug; and ``(II) the quantity or proportion of any ingredient in the listed drug for which there is an identified quantitative deviation. ``(iii) If the Secretary determines that such new drug is qualitatively and quantitatively the same as the listed drug, the Secretary shall not change or rescind such determination after the submission of an abbreviated application for such new drug under this subsection unless-- ``(I) the formulation of the listed drug has been changed and the Secretary has determined that the prior listed drug formulation was withdrawn for reasons of safety or effectiveness; or ``(II) the Secretary makes a written determination that the prior determination must be changed because an error has been identified. ``(iv) If the Secretary makes a written determination described in clause (iii)(II), the Secretary shall provide notice and a copy of the written determination to the person making the request under clause (i). ``(v) The disclosures required by this subparagraph are disclosures authorized by law under section 1905 of title 18, United States Code.''. (b) Guidance.-- (1) In general.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance describing how the Secretary will determine whether a new drug is qualitatively and quantitatively the same as the listed drug (as such terms are used in section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a)), including with respect to assessing pH adjusters. (2) Process.--In issuing guidance as required by paragraph (1), the Secretary of Health and Human Services shall-- (A) publish draft guidance; (B) provide a period of at least 60 days for comment on the draft guidance; and (C) after considering any comments received, publish final guidance. (c) Applicability.--Section 505(j)(3)(H) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), applies beginning on the date of enactment of this Act, irrespective of the date on which the guidance required by subsection (b) is finalized. <all>

H.R.6782

Labor and Employment

Auto Reenroll Act of 2022 This bill allows sponsors of automatic contribution arrangements that take effect after December 31, 2024, to reenroll their employees in such arrangements at least once every three years. The purpose of the bill is to increase employee participation in tax-exempt pension plans and other retirement arrangements.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for periodic automatic reenrollment under qualified automatic contribution arrangements, 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 ``Auto Reenroll Act of 2022''. SEC. 2. AUTOMATIC REENROLLMENT UNDER QUALIFIED AUTOMATIC CONTRIBUTION ARRANGEMENTS AND ELIGIBLE AUTOMATIC CONTRIBUTION ARRANGEMENTS. (a) Qualified Automatic Contribution Arrangements.-- (1) In general.--Section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Periodic automatic deferral required for post-2024 arrangements.--In the case of a qualified automatic contribution arrangement which takes effect after December 31, 2024, the requirements of this subparagraph shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(I) who is eligible to participate in the arrangement, and ``(II) who, at the time of the determination, has in effect an affirmative election pursuant to clause (ii) not to have contributions described in clause (i) made, is treated as having made the election described in clause (i) unless the employee makes a new affirmative election under clause (ii). Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (2) Conforming amendments.--Clause (iv) of section 401(k)(13)(C) of such Code is amended-- (A) in the heading, by inserting ``for pre-2025 arrangements'' after ``required''; and (B) by striking ``Clause (i)'' and inserting ``In the case of a qualified automatic contribution arrangement in effect before January 1, 2025, clause (i)''. (b) Eligible Automatic Contribution Arrangements.--Section 414(w)(3) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking ``arrangement.--For purposes of'' and inserting the following: ``arrangement.-- ``(A) In general.--For purposes of''; and (3) by adding at the end the following new subparagraph: ``(B) Periodic automatic deferral required.--In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of this subsection shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(i) who is eligible to participate in the arrangement, and ``(ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage level described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (c) Conforming Amendment.--Section 514(e)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(e)(2)) is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking ``(2) For purposes of'' and inserting ``(2)(A) For purposes of''; and (3) by adding at the end the following: ``(B) In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of subparagraph (A)(ii) shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(i) who is eligible to participate in the arrangement; and ``(ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage of compensation described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (d) Effective Date.--The amendments made by this section shall apply to arrangements taking effect after December 31, 2024. <all>

Auto Reenroll Act of 2022

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for periodic automatic reenrollment under qualified automatic contribution arrangements, and for other purposes.

Auto Reenroll Act of 2022

Rep. Manning, Kathy E.

D

NC

This bill allows sponsors of automatic contribution arrangements that take effect after December 31, 2024, to reenroll their employees in such arrangements at least once every three years. The purpose of the bill is to increase employee participation in tax-exempt pension plans and other retirement arrangements.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for periodic automatic reenrollment under qualified automatic contribution arrangements, 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 ``Auto Reenroll Act of 2022''. SEC. 2. AUTOMATIC REENROLLMENT UNDER QUALIFIED AUTOMATIC CONTRIBUTION ARRANGEMENTS AND ELIGIBLE AUTOMATIC CONTRIBUTION ARRANGEMENTS. (a) Qualified Automatic Contribution Arrangements.-- (1) In general.--Section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Periodic automatic deferral required for post-2024 arrangements.--In the case of a qualified automatic contribution arrangement which takes effect after December 31, 2024, the requirements of this subparagraph shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(I) who is eligible to participate in the arrangement, and ``(II) who, at the time of the determination, has in effect an affirmative election pursuant to clause (ii) not to have contributions described in clause (i) made, is treated as having made the election described in clause (i) unless the employee makes a new affirmative election under clause (ii). (2) Conforming amendments.--Clause (iv) of section 401(k)(13)(C) of such Code is amended-- (A) in the heading, by inserting ``for pre-2025 arrangements'' after ``required''; and (B) by striking ``Clause (i)'' and inserting ``In the case of a qualified automatic contribution arrangement in effect before January 1, 2025, clause (i)''. (c) Conforming Amendment.--Section 514(e)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(e)(2)) is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking ``(2) For purposes of'' and inserting ``(2)(A) For purposes of''; and (3) by adding at the end the following: ``(B) In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of subparagraph (A)(ii) shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(i) who is eligible to participate in the arrangement; and ``(ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage of compensation described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (d) Effective Date.--The amendments made by this section shall apply to arrangements taking effect after December 31, 2024.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for periodic automatic reenrollment under qualified automatic contribution arrangements, 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 ``Auto Reenroll Act of 2022''. SEC. 2. AUTOMATIC REENROLLMENT UNDER QUALIFIED AUTOMATIC CONTRIBUTION ARRANGEMENTS AND ELIGIBLE AUTOMATIC CONTRIBUTION ARRANGEMENTS. (2) Conforming amendments.--Clause (iv) of section 401(k)(13)(C) of such Code is amended-- (A) in the heading, by inserting ``for pre-2025 arrangements'' after ``required''; and (B) by striking ``Clause (i)'' and inserting ``In the case of a qualified automatic contribution arrangement in effect before January 1, 2025, clause (i)''. (c) Conforming Amendment.--Section 514(e)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(e)(2)) is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking ``(2) For purposes of'' and inserting ``(2)(A) For purposes of''; and (3) by adding at the end the following: ``(B) In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of subparagraph (A)(ii) shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(i) who is eligible to participate in the arrangement; and ``(ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage of compensation described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (d) Effective Date.--The amendments made by this section shall apply to arrangements taking effect after December 31, 2024.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for periodic automatic reenrollment under qualified automatic contribution arrangements, 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 ``Auto Reenroll Act of 2022''. SEC. 2. AUTOMATIC REENROLLMENT UNDER QUALIFIED AUTOMATIC CONTRIBUTION ARRANGEMENTS AND ELIGIBLE AUTOMATIC CONTRIBUTION ARRANGEMENTS. (a) Qualified Automatic Contribution Arrangements.-- (1) In general.--Section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Periodic automatic deferral required for post-2024 arrangements.--In the case of a qualified automatic contribution arrangement which takes effect after December 31, 2024, the requirements of this subparagraph shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(I) who is eligible to participate in the arrangement, and ``(II) who, at the time of the determination, has in effect an affirmative election pursuant to clause (ii) not to have contributions described in clause (i) made, is treated as having made the election described in clause (i) unless the employee makes a new affirmative election under clause (ii). Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (2) Conforming amendments.--Clause (iv) of section 401(k)(13)(C) of such Code is amended-- (A) in the heading, by inserting ``for pre-2025 arrangements'' after ``required''; and (B) by striking ``Clause (i)'' and inserting ``In the case of a qualified automatic contribution arrangement in effect before January 1, 2025, clause (i)''. (b) Eligible Automatic Contribution Arrangements.--Section 414(w)(3) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking ``arrangement.--For purposes of'' and inserting the following: ``arrangement.-- ``(A) In general.--For purposes of''; and (3) by adding at the end the following new subparagraph: ``(B) Periodic automatic deferral required.--In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of this subsection shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(i) who is eligible to participate in the arrangement, and ``(ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage level described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (c) Conforming Amendment.--Section 514(e)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(e)(2)) is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking ``(2) For purposes of'' and inserting ``(2)(A) For purposes of''; and (3) by adding at the end the following: ``(B) In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of subparagraph (A)(ii) shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(i) who is eligible to participate in the arrangement; and ``(ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage of compensation described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (d) Effective Date.--The amendments made by this section shall apply to arrangements taking effect after December 31, 2024. <all>

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to provide for periodic automatic reenrollment under qualified automatic contribution arrangements, 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 ``Auto Reenroll Act of 2022''. SEC. 2. AUTOMATIC REENROLLMENT UNDER QUALIFIED AUTOMATIC CONTRIBUTION ARRANGEMENTS AND ELIGIBLE AUTOMATIC CONTRIBUTION ARRANGEMENTS. (a) Qualified Automatic Contribution Arrangements.-- (1) In general.--Section 401(k)(13)(C) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: ``(v) Periodic automatic deferral required for post-2024 arrangements.--In the case of a qualified automatic contribution arrangement which takes effect after December 31, 2024, the requirements of this subparagraph shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(I) who is eligible to participate in the arrangement, and ``(II) who, at the time of the determination, has in effect an affirmative election pursuant to clause (ii) not to have contributions described in clause (i) made, is treated as having made the election described in clause (i) unless the employee makes a new affirmative election under clause (ii). Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (2) Conforming amendments.--Clause (iv) of section 401(k)(13)(C) of such Code is amended-- (A) in the heading, by inserting ``for pre-2025 arrangements'' after ``required''; and (B) by striking ``Clause (i)'' and inserting ``In the case of a qualified automatic contribution arrangement in effect before January 1, 2025, clause (i)''. (b) Eligible Automatic Contribution Arrangements.--Section 414(w)(3) of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking ``arrangement.--For purposes of'' and inserting the following: ``arrangement.-- ``(A) In general.--For purposes of''; and (3) by adding at the end the following new subparagraph: ``(B) Periodic automatic deferral required.--In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of this subsection shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(i) who is eligible to participate in the arrangement, and ``(ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage level described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (c) Conforming Amendment.--Section 514(e)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(e)(2)) is amended-- (1) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving the margins of such clauses 2 ems to the right; (2) by striking ``(2) For purposes of'' and inserting ``(2)(A) For purposes of''; and (3) by adding at the end the following: ``(B) In the case of an eligible automatic contribution arrangement taking effect after December 31, 2024, the requirements of subparagraph (A)(ii) shall be treated as met only if, under the arrangement, at least every 3 plan years each employee-- ``(i) who is eligible to participate in the arrangement; and ``(ii) who, at the time of the determination, has in effect an affirmative election pursuant to subparagraph (A)(ii) not to have contributions described in such subparagraph made, is treated as having made the election at the uniform percentage of compensation described in subparagraph (A)(ii) unless the employee makes a new election under such subparagraph. Such determination may be made at one time for all employees described in the preceding sentence for a plan year, regardless of individual employee dates of enrollment.''. (d) Effective Date.--The amendments made by this section shall apply to arrangements taking effect after December 31, 2024. <all>

H.R.3096

Crime and Law Enforcement

Federal Law Enforcement Officer Service Weapon Purchase Act This bill directs the General Services Administration to establish a program under which a federal law enforcement officer may purchase a retired handgun from the agency that issued the handgun to the officer. The bill expresses the sense of Congress that amounts received from the sale of handguns should be used for evidence-based gun violence prevention or gun safety education and training programs.

To allow Federal law enforcement officers to purchase retired service weapons, 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 ``Federal Law Enforcement Officer Service Weapon Purchase Act''. SEC. 2. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW ENFORCEMENT OFFICERS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a program under which a Federal law enforcement officer may purchase a retired handgun from the Federal agency that issued the handgun to such officer. (b) Limitations.--A Federal law enforcement officer may purchase a retired handgun under subsection (a) if-- (1) the purchase is made during the 6-month period beginning on the date the handgun was so retired; (2) with respect to such purchase, the officer has passed a background check within 30 days of purchase under the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; and (3) with respect to such purchase, the officer is in good standing with the Federal agency that employs such officer. (c) Cost.--A handgun purchased under this section shall be sold at the fair market value for such handgun taking into account the age and condition of the handgun. (d) Sense of Congress on Use of Funds.--It is the sense of Congress that any amounts received by the Government from the sale of a handgun under this section should be transferred and used to fund evidence- based gun violence prevention or gun safety education and training programs. (e) Definitions.--In this section-- (1) the term ``Federal law enforcement officer'' has the meaning given that term in section 115(c)(1) of title 18, United States Code; (2) the term ``handgun'' has the meaning given that term in section 921(a) of title 18, United States Code; and (3) the term ``retired handgun'' means any handgun that has been declared surplus by the applicable agency. <all>

Federal Law Enforcement Officer Service Weapon Purchase Act

To allow Federal law enforcement officers to purchase retired service weapons, and for other purposes.

Federal Law Enforcement Officer Service Weapon Purchase Act

Rep. Demings, Val Butler

D

FL

This bill directs the General Services Administration to establish a program under which a federal law enforcement officer may purchase a retired handgun from the agency that issued the handgun to the officer. The bill expresses the sense of Congress that amounts received from the sale of handguns should be used for evidence-based gun violence prevention or gun safety education and training programs.

To allow Federal law enforcement officers to purchase retired service weapons, 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 ``Federal Law Enforcement Officer Service Weapon Purchase Act''. SEC. 2. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW ENFORCEMENT OFFICERS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a program under which a Federal law enforcement officer may purchase a retired handgun from the Federal agency that issued the handgun to such officer. (b) Limitations.--A Federal law enforcement officer may purchase a retired handgun under subsection (a) if-- (1) the purchase is made during the 6-month period beginning on the date the handgun was so retired; (2) with respect to such purchase, the officer has passed a background check within 30 days of purchase under the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; and (3) with respect to such purchase, the officer is in good standing with the Federal agency that employs such officer. (c) Cost.--A handgun purchased under this section shall be sold at the fair market value for such handgun taking into account the age and condition of the handgun. (d) Sense of Congress on Use of Funds.--It is the sense of Congress that any amounts received by the Government from the sale of a handgun under this section should be transferred and used to fund evidence- based gun violence prevention or gun safety education and training programs. (e) Definitions.--In this section-- (1) the term ``Federal law enforcement officer'' has the meaning given that term in section 115(c)(1) of title 18, United States Code; (2) the term ``handgun'' has the meaning given that term in section 921(a) of title 18, United States Code; and (3) the term ``retired handgun'' means any handgun that has been declared surplus by the applicable agency. <all>

To allow Federal law enforcement officers to purchase retired service weapons, 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 ``Federal Law Enforcement Officer Service Weapon Purchase Act''. SEC. 2. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW ENFORCEMENT OFFICERS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a program under which a Federal law enforcement officer may purchase a retired handgun from the Federal agency that issued the handgun to such officer. (b) Limitations.--A Federal law enforcement officer may purchase a retired handgun under subsection (a) if-- (1) the purchase is made during the 6-month period beginning on the date the handgun was so retired; (2) with respect to such purchase, the officer has passed a background check within 30 days of purchase under the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; and (3) with respect to such purchase, the officer is in good standing with the Federal agency that employs such officer. (c) Cost.--A handgun purchased under this section shall be sold at the fair market value for such handgun taking into account the age and condition of the handgun. (d) Sense of Congress on Use of Funds.--It is the sense of Congress that any amounts received by the Government from the sale of a handgun under this section should be transferred and used to fund evidence- based gun violence prevention or gun safety education and training programs. (e) Definitions.--In this section-- (1) the term ``Federal law enforcement officer'' has the meaning given that term in section 115(c)(1) of title 18, United States Code; (2) the term ``handgun'' has the meaning given that term in section 921(a) of title 18, United States Code; and (3) the term ``retired handgun'' means any handgun that has been declared surplus by the applicable agency. <all>

To allow Federal law enforcement officers to purchase retired service weapons, 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 ``Federal Law Enforcement Officer Service Weapon Purchase Act''. SEC. 2. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW ENFORCEMENT OFFICERS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a program under which a Federal law enforcement officer may purchase a retired handgun from the Federal agency that issued the handgun to such officer. (b) Limitations.--A Federal law enforcement officer may purchase a retired handgun under subsection (a) if-- (1) the purchase is made during the 6-month period beginning on the date the handgun was so retired; (2) with respect to such purchase, the officer has passed a background check within 30 days of purchase under the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; and (3) with respect to such purchase, the officer is in good standing with the Federal agency that employs such officer. (c) Cost.--A handgun purchased under this section shall be sold at the fair market value for such handgun taking into account the age and condition of the handgun. (d) Sense of Congress on Use of Funds.--It is the sense of Congress that any amounts received by the Government from the sale of a handgun under this section should be transferred and used to fund evidence- based gun violence prevention or gun safety education and training programs. (e) Definitions.--In this section-- (1) the term ``Federal law enforcement officer'' has the meaning given that term in section 115(c)(1) of title 18, United States Code; (2) the term ``handgun'' has the meaning given that term in section 921(a) of title 18, United States Code; and (3) the term ``retired handgun'' means any handgun that has been declared surplus by the applicable agency. <all>

To allow Federal law enforcement officers to purchase retired service weapons, 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 ``Federal Law Enforcement Officer Service Weapon Purchase Act''. SEC. 2. PURCHASE OF RETIRED HANDGUNS BY FEDERAL LAW ENFORCEMENT OFFICERS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator of General Services shall establish a program under which a Federal law enforcement officer may purchase a retired handgun from the Federal agency that issued the handgun to such officer. (b) Limitations.--A Federal law enforcement officer may purchase a retired handgun under subsection (a) if-- (1) the purchase is made during the 6-month period beginning on the date the handgun was so retired; (2) with respect to such purchase, the officer has passed a background check within 30 days of purchase under the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; and (3) with respect to such purchase, the officer is in good standing with the Federal agency that employs such officer. (c) Cost.--A handgun purchased under this section shall be sold at the fair market value for such handgun taking into account the age and condition of the handgun. (d) Sense of Congress on Use of Funds.--It is the sense of Congress that any amounts received by the Government from the sale of a handgun under this section should be transferred and used to fund evidence- based gun violence prevention or gun safety education and training programs. (e) Definitions.--In this section-- (1) the term ``Federal law enforcement officer'' has the meaning given that term in section 115(c)(1) of title 18, United States Code; (2) the term ``handgun'' has the meaning given that term in section 921(a) of title 18, United States Code; and (3) the term ``retired handgun'' means any handgun that has been declared surplus by the applicable agency. <all>

H.R.3399

Public Lands and Natural Resources

This bill requires the Department of Commerce or the Department of the Interior to consider the threat of invasive species before mandating that a new fishway be built. Fishways are structures placed on or around constructed barriers to give fish the opportunity to migrate.

To amend the Federal Power Act to require the consideration of invasive species when prescribing fishways, 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. CONSIDERATION OF INVASIVE SPECIES. Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by inserting after ``the Secretary of Commerce.'' the following: ``In prescribing a fishway, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall consider the threat of invasive species.''. <all>

To amend the Federal Power Act to require the consideration of invasive species when prescribing fishways, and for other purposes.

To amend the Federal Power Act to require the consideration of invasive species when prescribing fishways, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Federal Power Act to require the consideration of invasive species when prescribing fishways, and for other purposes.

Rep. Grothman, Glenn

R

WI

This bill requires the Department of Commerce or the Department of the Interior to consider the threat of invasive species before mandating that a new fishway be built. Fishways are structures placed on or around constructed barriers to give fish the opportunity to migrate.

To amend the Federal Power Act to require the consideration of invasive species when prescribing fishways, 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. CONSIDERATION OF INVASIVE SPECIES. Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by inserting after ``the Secretary of Commerce.'' the following: ``In prescribing a fishway, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall consider the threat of invasive species.''. <all>

To amend the Federal Power Act to require the consideration of invasive species when prescribing fishways, 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. CONSIDERATION OF INVASIVE SPECIES. Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by inserting after ``the Secretary of Commerce.'' the following: ``In prescribing a fishway, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall consider the threat of invasive species.''. <all>

To amend the Federal Power Act to require the consideration of invasive species when prescribing fishways, 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. CONSIDERATION OF INVASIVE SPECIES. Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by inserting after ``the Secretary of Commerce.'' the following: ``In prescribing a fishway, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall consider the threat of invasive species.''. <all>

To amend the Federal Power Act to require the consideration of invasive species when prescribing fishways, 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. CONSIDERATION OF INVASIVE SPECIES. Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by inserting after ``the Secretary of Commerce.'' the following: ``In prescribing a fishway, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall consider the threat of invasive species.''. <all>

H.R.4255

Transportation and Public Works

Furthering Advanced and Inclusive Research for Crash Tests Act or the FAIR Crash Tests Act This bill requires the Government Accountability Office to report on the National Highway Traffic Safety Administration's use of crash test dummies, including how the administration's practices compare to the European New Car Assessment Programme and other programs that test vehicles.

To direct the Comptroller General of the United States to conduct a study on the processes used by the National Highway Traffic Safety Administration for studying and deploying crash test dummies, 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 ``Furthering Advanced and Inclusive Research for Crash Tests Act'' or the ``FAIR Crash Tests Act''. SEC. 2. GAO REPORT ON CRASH DUMMIES. (a) In General.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) examines-- (A) the processes used by the National Highway Traffic Safety Administration (referred to in this section as the ``Administration'') for studying and deploying crash test dummies; (B)(i) the types of crash test dummies used by the Administration as of the date of enactment of this Act; (ii) the seating positions in which those crash test dummies are tested; and (iii) whether the seating position affects disparities in motor vehicle safety outcomes based on demographic characteristics, including sex, and, if so, how the seating position affects those disparities; (C) the biofidelic crash test dummies that are available in the global and domestic marketplace that reflect the physical and demographic characteristics of the driving public in the United States, including-- (i) females; (ii) the elderly; (iii) young adults; (iv) children; and (v) individuals of differing body weights; (D) how the Administration determines whether to study and deploy new biofidelic crash test dummies, including the biofidelic crash test dummies examined under subparagraph (C), and the timelines by which the Administration conducts the work of making those determinations and studying and deploying new biofidelic crash test dummies; (E) challenges the Administration faces in studying and deploying new crash test dummies; and (F) how the practices of the Administration with respect to crash test dummies compare to other programs that test vehicles and report results to the public, including the European New Car Assessment Programme; (2) evaluates potential improvements to the processes described in paragraph (1) that could reduce disparities in motor vehicle safety outcomes based on demographic characteristics, including sex; (3) analyzes the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (4) includes, as applicable, any assessments or recommendations relating to crash test dummies that are relevant to reducing disparities in motor vehicle safety outcomes based on demographic characteristics, including sex. (b) Interim Report From the Administration.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) identifies-- (A) the types of crash test dummies used by the Administration as of the date of enactment of this Act with respect to-- (i) the New Car Assessment Program of the Administration; and (ii) testing relating to Federal Motor Vehicle Safety Standards; (B) how each type of crash test dummy identified under subparagraph (A) is tested with respect to seating position; and (C) any crash test dummies that the Administration is actively evaluating for future use-- (i) in the New Car Assessment Program of the Administration; or (ii) for testing relating to Federal Motor Vehicle Safety Standards; (2) explains-- (A) the plans of the Administration, including the expected timelines, for putting any crash test dummies identified under paragraph (1)(C) to use as described in that paragraph; (B) any challenges to putting those crash test dummies to use; and (C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (3) provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics, including sex. <all>

FAIR Crash Tests Act

To direct the Comptroller General of the United States to conduct a study on the processes used by the National Highway Traffic Safety Administration for studying and deploying crash test dummies, and for other purposes.

FAIR Crash Tests Act Furthering Advanced and Inclusive Research for Crash Tests Act

Rep. Bilirakis, Gus M.

R

FL

This bill requires the Government Accountability Office to report on the National Highway Traffic Safety Administration's use of crash test dummies, including how the administration's practices compare to the European New Car Assessment Programme and other programs that test vehicles.

To direct the Comptroller General of the United States to conduct a study on the processes used by the National Highway Traffic Safety Administration for studying and deploying crash test dummies, 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 ``Furthering Advanced and Inclusive Research for Crash Tests Act'' or the ``FAIR Crash Tests Act''. SEC. GAO REPORT ON CRASH DUMMIES. (b) Interim Report From the Administration.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) identifies-- (A) the types of crash test dummies used by the Administration as of the date of enactment of this Act with respect to-- (i) the New Car Assessment Program of the Administration; and (ii) testing relating to Federal Motor Vehicle Safety Standards; (B) how each type of crash test dummy identified under subparagraph (A) is tested with respect to seating position; and (C) any crash test dummies that the Administration is actively evaluating for future use-- (i) in the New Car Assessment Program of the Administration; or (ii) for testing relating to Federal Motor Vehicle Safety Standards; (2) explains-- (A) the plans of the Administration, including the expected timelines, for putting any crash test dummies identified under paragraph (1)(C) to use as described in that paragraph; (B) any challenges to putting those crash test dummies to use; and (C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (3) provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics, including sex.

To direct the Comptroller General of the United States to conduct a study on the processes used by the National Highway Traffic Safety Administration for studying and deploying crash test dummies, 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 ``Furthering Advanced and Inclusive Research for Crash Tests Act'' or the ``FAIR Crash Tests Act''. SEC. GAO REPORT ON CRASH DUMMIES. (b) Interim Report From the Administration.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) identifies-- (A) the types of crash test dummies used by the Administration as of the date of enactment of this Act with respect to-- (i) the New Car Assessment Program of the Administration; and (ii) testing relating to Federal Motor Vehicle Safety Standards; (B) how each type of crash test dummy identified under subparagraph (A) is tested with respect to seating position; and (C) any crash test dummies that the Administration is actively evaluating for future use-- (i) in the New Car Assessment Program of the Administration; or (ii) for testing relating to Federal Motor Vehicle Safety Standards; (2) explains-- (A) the plans of the Administration, including the expected timelines, for putting any crash test dummies identified under paragraph (1)(C) to use as described in that paragraph; (B) any challenges to putting those crash test dummies to use; and (C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (3) provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics, including sex.

To direct the Comptroller General of the United States to conduct a study on the processes used by the National Highway Traffic Safety Administration for studying and deploying crash test dummies, 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 ``Furthering Advanced and Inclusive Research for Crash Tests Act'' or the ``FAIR Crash Tests Act''. SEC. 2. GAO REPORT ON CRASH DUMMIES. (a) In General.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) examines-- (A) the processes used by the National Highway Traffic Safety Administration (referred to in this section as the ``Administration'') for studying and deploying crash test dummies; (B)(i) the types of crash test dummies used by the Administration as of the date of enactment of this Act; (ii) the seating positions in which those crash test dummies are tested; and (iii) whether the seating position affects disparities in motor vehicle safety outcomes based on demographic characteristics, including sex, and, if so, how the seating position affects those disparities; (C) the biofidelic crash test dummies that are available in the global and domestic marketplace that reflect the physical and demographic characteristics of the driving public in the United States, including-- (i) females; (ii) the elderly; (iii) young adults; (iv) children; and (v) individuals of differing body weights; (D) how the Administration determines whether to study and deploy new biofidelic crash test dummies, including the biofidelic crash test dummies examined under subparagraph (C), and the timelines by which the Administration conducts the work of making those determinations and studying and deploying new biofidelic crash test dummies; (E) challenges the Administration faces in studying and deploying new crash test dummies; and (F) how the practices of the Administration with respect to crash test dummies compare to other programs that test vehicles and report results to the public, including the European New Car Assessment Programme; (2) evaluates potential improvements to the processes described in paragraph (1) that could reduce disparities in motor vehicle safety outcomes based on demographic characteristics, including sex; (3) analyzes the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (4) includes, as applicable, any assessments or recommendations relating to crash test dummies that are relevant to reducing disparities in motor vehicle safety outcomes based on demographic characteristics, including sex. (b) Interim Report From the Administration.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) identifies-- (A) the types of crash test dummies used by the Administration as of the date of enactment of this Act with respect to-- (i) the New Car Assessment Program of the Administration; and (ii) testing relating to Federal Motor Vehicle Safety Standards; (B) how each type of crash test dummy identified under subparagraph (A) is tested with respect to seating position; and (C) any crash test dummies that the Administration is actively evaluating for future use-- (i) in the New Car Assessment Program of the Administration; or (ii) for testing relating to Federal Motor Vehicle Safety Standards; (2) explains-- (A) the plans of the Administration, including the expected timelines, for putting any crash test dummies identified under paragraph (1)(C) to use as described in that paragraph; (B) any challenges to putting those crash test dummies to use; and (C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (3) provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics, including sex. <all>

To direct the Comptroller General of the United States to conduct a study on the processes used by the National Highway Traffic Safety Administration for studying and deploying crash test dummies, 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 ``Furthering Advanced and Inclusive Research for Crash Tests Act'' or the ``FAIR Crash Tests Act''. SEC. 2. GAO REPORT ON CRASH DUMMIES. (a) In General.--Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) examines-- (A) the processes used by the National Highway Traffic Safety Administration (referred to in this section as the ``Administration'') for studying and deploying crash test dummies; (B)(i) the types of crash test dummies used by the Administration as of the date of enactment of this Act; (ii) the seating positions in which those crash test dummies are tested; and (iii) whether the seating position affects disparities in motor vehicle safety outcomes based on demographic characteristics, including sex, and, if so, how the seating position affects those disparities; (C) the biofidelic crash test dummies that are available in the global and domestic marketplace that reflect the physical and demographic characteristics of the driving public in the United States, including-- (i) females; (ii) the elderly; (iii) young adults; (iv) children; and (v) individuals of differing body weights; (D) how the Administration determines whether to study and deploy new biofidelic crash test dummies, including the biofidelic crash test dummies examined under subparagraph (C), and the timelines by which the Administration conducts the work of making those determinations and studying and deploying new biofidelic crash test dummies; (E) challenges the Administration faces in studying and deploying new crash test dummies; and (F) how the practices of the Administration with respect to crash test dummies compare to other programs that test vehicles and report results to the public, including the European New Car Assessment Programme; (2) evaluates potential improvements to the processes described in paragraph (1) that could reduce disparities in motor vehicle safety outcomes based on demographic characteristics, including sex; (3) analyzes the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (4) includes, as applicable, any assessments or recommendations relating to crash test dummies that are relevant to reducing disparities in motor vehicle safety outcomes based on demographic characteristics, including sex. (b) Interim Report From the Administration.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that-- (1) identifies-- (A) the types of crash test dummies used by the Administration as of the date of enactment of this Act with respect to-- (i) the New Car Assessment Program of the Administration; and (ii) testing relating to Federal Motor Vehicle Safety Standards; (B) how each type of crash test dummy identified under subparagraph (A) is tested with respect to seating position; and (C) any crash test dummies that the Administration is actively evaluating for future use-- (i) in the New Car Assessment Program of the Administration; or (ii) for testing relating to Federal Motor Vehicle Safety Standards; (2) explains-- (A) the plans of the Administration, including the expected timelines, for putting any crash test dummies identified under paragraph (1)(C) to use as described in that paragraph; (B) any challenges to putting those crash test dummies to use; and (C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (3) provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics, including sex. <all>

H.R.1685

Health

Expanding Opportunities for Recovery Act of 2021 This bill requires the Center for Substance Abuse Treatment in the Substance Abuse and Mental Health Services Administration to award grants to states to expand access to clinically appropriate services for opioid abuse or addiction. States must use these grants to provide up to 60 consecutive days of services to individuals who otherwise would not have access to substance abuse services.

To authorize the Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment, to award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Opportunities for Recovery Act of 2021''. SEC. 2. OPIOID ADDICTION TREATMENT. (a) In General.--The Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment (in this section referred to as the ``Assistant Secretary'') shall award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. (b) Requirements.--As conditions on the receipt of a grant under this section, a State shall agree to comply with the following: (1) The grant will be administered through the head of the State's primary agency responsible for programs and activities relating to the treatment of substance abuse. (2) The services through the grant will be evidence-based such as medication-assisted treatment for substance use disorder. (3) The services through the grant will be provided according to a physician or a clinician's recommendation to ensure that individuals receive the optimal level of substance use disorder treatment for the amount of time that is deemed medically necessary. (4) The services through the grant will be provided exclusively to individuals-- (A) who lack health insurance; or (B) whose health insurance-- (i) does not cover such services; or (ii) places other barriers on the receipt of such services, such as-- (I) limiting coverage of such services to a certain period of time; or (II) imposing nonquantitative treatment limitations that are more stringent than treatment limitations imposed on other medical conditions (such as a requirement to use less expensive services, like outpatient treatment, prior to more expensive, but physician-recommended services, such as inpatient or residential treatment). (5) The grant will not be used to pay or subsidize the cost of more than 60 consecutive days of opioid abuse, dependence, or addiction treatment in the case of any individual. (c) Permissible Provision of Medications.--In expanding access to clinically appropriate services for opioid abuse, dependence, or addiction through a grant under this section, a State may provide for the use of medications, in conjunction with other treatment, so long as the medications-- (1) are lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) are clinically indicated to address the abuse, dependence, or addiction; and (3) are offered consistent with consumer choice. (d) Coordination.--The Assistant Secretary shall coordinate the program under this section with the program for prevention and treatment of substance abuse under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.). (e) Evaluation; Dissemination of Information; Technical Assistance.-- (1) In general.--The Assistant Secretary shall-- (A) require States receiving a grant under this section to report appropriate outcome measures associated with use of the grant, including any-- (i) decreases in substance use; (ii) changes in retention in care; (iii) connections to the next appropriate level of care; (iv) decreases in involvement with criminal justice activities; and (v) other outcome data as appropriate; (B) require States receiving a grant under this section to report data on individuals' length of time under clinically appropriate addiction treatment, and the use of medication-assisted treatment; (C) evaluate the activities supported by grants under this section; (D) submit to the Congress and the Secretary, and make publicly available on the internet site of the Substance Abuse and Mental Health Services Administration, information about the results of such evaluation; and (E) offer technical assistance to States receiving a grant under this section regarding activities funded through the grant. (2) Use of certain funds.--Of the funds appropriated to carry out this section for any fiscal year, 5 percent shall be available to carry out activities under this subsection. <all>

Expanding Opportunities for Recovery Act of 2021

To authorize the Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment, to award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction.

Expanding Opportunities for Recovery Act of 2021

Rep. Foster, Bill

D

IL

This bill requires the Center for Substance Abuse Treatment in the Substance Abuse and Mental Health Services Administration to award grants to states to expand access to clinically appropriate services for opioid abuse or addiction. States must use these grants to provide up to 60 consecutive days of services to individuals who otherwise would not have access to substance abuse services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Opportunities for Recovery Act of 2021''. SEC. OPIOID ADDICTION TREATMENT. (a) In General.--The Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment (in this section referred to as the ``Assistant Secretary'') shall award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. (2) The services through the grant will be evidence-based such as medication-assisted treatment for substance use disorder. (4) The services through the grant will be provided exclusively to individuals-- (A) who lack health insurance; or (B) whose health insurance-- (i) does not cover such services; or (ii) places other barriers on the receipt of such services, such as-- (I) limiting coverage of such services to a certain period of time; or (II) imposing nonquantitative treatment limitations that are more stringent than treatment limitations imposed on other medical conditions (such as a requirement to use less expensive services, like outpatient treatment, prior to more expensive, but physician-recommended services, such as inpatient or residential treatment). (5) The grant will not be used to pay or subsidize the cost of more than 60 consecutive days of opioid abuse, dependence, or addiction treatment in the case of any individual. ); (2) are clinically indicated to address the abuse, dependence, or addiction; and (3) are offered consistent with consumer choice. (d) Coordination.--The Assistant Secretary shall coordinate the program under this section with the program for prevention and treatment of substance abuse under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.). (e) Evaluation; Dissemination of Information; Technical Assistance.-- (1) In general.--The Assistant Secretary shall-- (A) require States receiving a grant under this section to report appropriate outcome measures associated with use of the grant, including any-- (i) decreases in substance use; (ii) changes in retention in care; (iii) connections to the next appropriate level of care; (iv) decreases in involvement with criminal justice activities; and (v) other outcome data as appropriate; (B) require States receiving a grant under this section to report data on individuals' length of time under clinically appropriate addiction treatment, and the use of medication-assisted treatment; (C) evaluate the activities supported by grants under this section; (D) submit to the Congress and the Secretary, and make publicly available on the internet site of the Substance Abuse and Mental Health Services Administration, information about the results of such evaluation; and (E) offer technical assistance to States receiving a grant under this section regarding activities funded through the grant. (2) Use of certain funds.--Of the funds appropriated to carry out this section for any fiscal year, 5 percent shall be available to carry out activities under 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 ``Expanding Opportunities for Recovery Act of 2021''. SEC. OPIOID ADDICTION TREATMENT. (a) In General.--The Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment (in this section referred to as the ``Assistant Secretary'') shall award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. (2) The services through the grant will be evidence-based such as medication-assisted treatment for substance use disorder. (4) The services through the grant will be provided exclusively to individuals-- (A) who lack health insurance; or (B) whose health insurance-- (i) does not cover such services; or (ii) places other barriers on the receipt of such services, such as-- (I) limiting coverage of such services to a certain period of time; or (II) imposing nonquantitative treatment limitations that are more stringent than treatment limitations imposed on other medical conditions (such as a requirement to use less expensive services, like outpatient treatment, prior to more expensive, but physician-recommended services, such as inpatient or residential treatment). 300x-21 et seq.). (2) Use of certain funds.--Of the funds appropriated to carry out this section for any fiscal year, 5 percent shall be available to carry out activities under this subsection.

To authorize the Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment, to award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Opportunities for Recovery Act of 2021''. SEC. 2. OPIOID ADDICTION TREATMENT. (a) In General.--The Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment (in this section referred to as the ``Assistant Secretary'') shall award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. (b) Requirements.--As conditions on the receipt of a grant under this section, a State shall agree to comply with the following: (1) The grant will be administered through the head of the State's primary agency responsible for programs and activities relating to the treatment of substance abuse. (2) The services through the grant will be evidence-based such as medication-assisted treatment for substance use disorder. (3) The services through the grant will be provided according to a physician or a clinician's recommendation to ensure that individuals receive the optimal level of substance use disorder treatment for the amount of time that is deemed medically necessary. (4) The services through the grant will be provided exclusively to individuals-- (A) who lack health insurance; or (B) whose health insurance-- (i) does not cover such services; or (ii) places other barriers on the receipt of such services, such as-- (I) limiting coverage of such services to a certain period of time; or (II) imposing nonquantitative treatment limitations that are more stringent than treatment limitations imposed on other medical conditions (such as a requirement to use less expensive services, like outpatient treatment, prior to more expensive, but physician-recommended services, such as inpatient or residential treatment). (5) The grant will not be used to pay or subsidize the cost of more than 60 consecutive days of opioid abuse, dependence, or addiction treatment in the case of any individual. (c) Permissible Provision of Medications.--In expanding access to clinically appropriate services for opioid abuse, dependence, or addiction through a grant under this section, a State may provide for the use of medications, in conjunction with other treatment, so long as the medications-- (1) are lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) are clinically indicated to address the abuse, dependence, or addiction; and (3) are offered consistent with consumer choice. (d) Coordination.--The Assistant Secretary shall coordinate the program under this section with the program for prevention and treatment of substance abuse under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.). (e) Evaluation; Dissemination of Information; Technical Assistance.-- (1) In general.--The Assistant Secretary shall-- (A) require States receiving a grant under this section to report appropriate outcome measures associated with use of the grant, including any-- (i) decreases in substance use; (ii) changes in retention in care; (iii) connections to the next appropriate level of care; (iv) decreases in involvement with criminal justice activities; and (v) other outcome data as appropriate; (B) require States receiving a grant under this section to report data on individuals' length of time under clinically appropriate addiction treatment, and the use of medication-assisted treatment; (C) evaluate the activities supported by grants under this section; (D) submit to the Congress and the Secretary, and make publicly available on the internet site of the Substance Abuse and Mental Health Services Administration, information about the results of such evaluation; and (E) offer technical assistance to States receiving a grant under this section regarding activities funded through the grant. (2) Use of certain funds.--Of the funds appropriated to carry out this section for any fiscal year, 5 percent shall be available to carry out activities under this subsection. <all>

To authorize the Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment, to award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Opportunities for Recovery Act of 2021''. SEC. 2. OPIOID ADDICTION TREATMENT. (a) In General.--The Assistant Secretary for Mental Health and Substance Use, acting through the Director of the Center for Substance Abuse Treatment (in this section referred to as the ``Assistant Secretary'') shall award grants to States to expand access to clinically appropriate services for opioid abuse, dependence, or addiction. (b) Requirements.--As conditions on the receipt of a grant under this section, a State shall agree to comply with the following: (1) The grant will be administered through the head of the State's primary agency responsible for programs and activities relating to the treatment of substance abuse. (2) The services through the grant will be evidence-based such as medication-assisted treatment for substance use disorder. (3) The services through the grant will be provided according to a physician or a clinician's recommendation to ensure that individuals receive the optimal level of substance use disorder treatment for the amount of time that is deemed medically necessary. (4) The services through the grant will be provided exclusively to individuals-- (A) who lack health insurance; or (B) whose health insurance-- (i) does not cover such services; or (ii) places other barriers on the receipt of such services, such as-- (I) limiting coverage of such services to a certain period of time; or (II) imposing nonquantitative treatment limitations that are more stringent than treatment limitations imposed on other medical conditions (such as a requirement to use less expensive services, like outpatient treatment, prior to more expensive, but physician-recommended services, such as inpatient or residential treatment). (5) The grant will not be used to pay or subsidize the cost of more than 60 consecutive days of opioid abuse, dependence, or addiction treatment in the case of any individual. (c) Permissible Provision of Medications.--In expanding access to clinically appropriate services for opioid abuse, dependence, or addiction through a grant under this section, a State may provide for the use of medications, in conjunction with other treatment, so long as the medications-- (1) are lawfully marketed under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) are clinically indicated to address the abuse, dependence, or addiction; and (3) are offered consistent with consumer choice. (d) Coordination.--The Assistant Secretary shall coordinate the program under this section with the program for prevention and treatment of substance abuse under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.). (e) Evaluation; Dissemination of Information; Technical Assistance.-- (1) In general.--The Assistant Secretary shall-- (A) require States receiving a grant under this section to report appropriate outcome measures associated with use of the grant, including any-- (i) decreases in substance use; (ii) changes in retention in care; (iii) connections to the next appropriate level of care; (iv) decreases in involvement with criminal justice activities; and (v) other outcome data as appropriate; (B) require States receiving a grant under this section to report data on individuals' length of time under clinically appropriate addiction treatment, and the use of medication-assisted treatment; (C) evaluate the activities supported by grants under this section; (D) submit to the Congress and the Secretary, and make publicly available on the internet site of the Substance Abuse and Mental Health Services Administration, information about the results of such evaluation; and (E) offer technical assistance to States receiving a grant under this section regarding activities funded through the grant. (2) Use of certain funds.--Of the funds appropriated to carry out this section for any fiscal year, 5 percent shall be available to carry out activities under this subsection. <all>

S.201

Health

Improving Access to Health Care in Rural and Underserved Areas Act This bill directs the Health Resources and Services Administration to award up to 100 grants for federally qualified health centers or rural health clinics to provide accredited continuing medical education to their primary care providers.

To establish a program ensuring access to accredited continuing medical education for primary care physicians and other health care providers at Federally-qualified health centers and rural health clinics, to provide training and clinical support for primary care providers to practice at their full scope and improve access to care for patients in underserved areas. Be it enacted by the Senate 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 Access to Health Care in Rural and Underserved Areas Act''. SEC. 2. PRIMARY CARE ACCREDITED CONTINUING MEDICAL EDUCATION PROGRAM. Subpart 1 of 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: ``SEC. 330O. PRIMARY CARE ACCREDITED CONTINUING MEDICAL EDUCATION PROGRAM. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a program to award not more than 100 grants to Federally-qualified health centers or rural health clinics, or organizations affiliated with such clinics, for the purpose of ensuring access to accredited continuing medical education by board-certified specialist physicians, including family and internal medicine physicians, with teaching or high-volume patient experience, and other licensed medical providers who have clinical experience and are certified in accordance with regulations issued by the Secretary, to primary care physicians and medical providers employed by Federally-qualified health centers or rural health clinics, to increase the primary care providers' knowledge and capacity to practice within their full scope and increase access to care for patients in rural and underserved areas. ``(b) Scope of Training.-- ``(1) In general.--Accredited continuing medical education programs offered under this section-- ``(A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; ``(B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; ``(C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and ``(D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. ``(2) Training.--Accredited continuing medical education programs offered under this section may provide training to primary and behavioral care physicians and health care providers on-- ``(A) endocrinology (including diabetes care); ``(B) palliative care and pain management; ``(C) dermatology; ``(D) obstetrics and gynecology; ``(E) pediatric primary care and pediatric subspecialties; ``(F) gastroenterology; ``(G) mental and behavioral health, and substance use treatment; ``(H) preventive care and nutrition; ``(I) geriatric medicine; ``(J) infectious disease; ``(K) cardiology; ``(L) rural health and training to improve outcomes for populations experiencing health disparities; ``(M) wound care; ``(N) disease management for patients with multiple comorbidities; ``(O) health information technology; and ``(P) other topics, as the Secretary determines appropriate. ``(3) Participating centers or clinics.-- ``(A) In general.--To be eligible for a grant under this section a Federally-qualified health center or rural health clinic, or an organization affiliated with any such health clinic acting on behalf of multiple such clinics, shall-- ``(i) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require; ``(ii) ensure that training under the program under the grant is provided to the physicians and primary care providers employed by such center or clinic, as well as peer-to- peer training; ``(iii) include in the application a needs assessment describing how participation in the program under the grant will meet both patient needs and skills training needs for their primary care providers; and ``(iv) include in the application a description of the expected patient target for how many patients would be directly served by activities under the grant and an assurance that data and reports will be provided annually on the number of patients served and the accrediting entity used for purposes of subsection (c)(2)(B). ``(B) Use of grant.--A Federally-qualified health center, rural health clinic, or affiliated organization receiving a grant under this section may use grant funds for-- ``(i) compensation for medical providers participating in teaching at program sessions; ``(ii) part-time administration support for the program; ``(iii) compensation for the center for the nonclinical training time of the center's primary care or behavioral health care providers; ``(iv) technology and equipment needed to facilitate clinical visits for the program; ``(v) transportation costs for medical providers participating in teaching under the program to travel to center sites if such sites are located more than 35 miles from their primary residences and their participation is in-person; and ``(vi) other purposes related to expenses incurred in the planning and delivery of the educational program and associated clinical visits, as the Secretary determines appropriate. ``(C) Term.--A grant under this section shall be for a period of 5-years. ``(D) Rural areas.--The Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. ``(c) Physician Participation in Program.-- ``(1) Eligibility.--To be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider-- ``(A) who is employed by the grantee; and ``(B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). ``(2) CME credit.-- ``(A) In general.--The Secretary shall require a grantee under this section to identify an accrediting body that the grantee will work with to certify the program under the grant in a manner that provides continuing medical education credits to providers participating in the program. Such certification shall include material with respect to specific skills development. ``(B) Reporting.--As part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. ``(C) Suspension of funding for noncompliance.--The Secretary may suspend grant funding if the grantee fails to provide for accredited continuing medical education within the first year of the grant. Such grant funding may be reinstated by the Secretary once the grantee certifies that accredited continuing medical education is provided. ``(d) Annual Reporting.--Beginning 1 year after the date of enactment of the Improving Access to Health Care in Rural and Underserved Areas Act, and every year thereafter, the Secretary shall submit to Congress a report on the program under this section, including-- ``(1) the number of physicians who participate in the program each year and the specialties of such physicians; ``(2) a breakdown of specialist time spent directly with patients, with patients through telemedicine, and with primary care providers in classroom or other non-clinical setting during the program sessions; ``(3) a comparison of measures under the Uniform Data System of the Health Resources and Services Administration, or similar program, relevant to patient care improvements, between the year prior to the implementation of the program under this section and the most recent year in the program; ``(4) a summary of any clinical practice changes or notable improvements in patient care; ``(5) patient referrals from health centers that participate in the program to outside specialist care, and any patient care provided at the health center that, prior to the program, would have been referred to outside specialists; ``(6) retention rates of physicians at participating health centers; and ``(7) satisfaction rates of physicians with the education program at participating health centers. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.''. <all>

Improving Access to Health Care in Rural and Underserved Areas Act

A bill to establish a program ensuring access to accredited continuing medical education for primary care physicians and other health care providers at Federally-qualified health centers and rural health clinics, to provide training and clinical support for primary care providers to practice at their full scope and improve access to care for patients in underserved areas.

Improving Access to Health Care in Rural and Underserved Areas Act

Sen. Rosen, Jacky

D

NV

This bill directs the Health Resources and Services Administration to award up to 100 grants for federally qualified health centers or rural health clinics to provide accredited continuing medical education to their primary care providers.

SHORT TITLE. This Act may be cited as the ``Improving Access to Health Care in Rural and Underserved Areas Act''. SEC. 2. 254b et seq.) 330O. PRIMARY CARE ACCREDITED CONTINUING MEDICAL EDUCATION PROGRAM. ``(b) Scope of Training.-- ``(1) In general.--Accredited continuing medical education programs offered under this section-- ``(A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; ``(B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; ``(C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and ``(D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. ``(B) Use of grant.--A Federally-qualified health center, rural health clinic, or affiliated organization receiving a grant under this section may use grant funds for-- ``(i) compensation for medical providers participating in teaching at program sessions; ``(ii) part-time administration support for the program; ``(iii) compensation for the center for the nonclinical training time of the center's primary care or behavioral health care providers; ``(iv) technology and equipment needed to facilitate clinical visits for the program; ``(v) transportation costs for medical providers participating in teaching under the program to travel to center sites if such sites are located more than 35 miles from their primary residences and their participation is in-person; and ``(vi) other purposes related to expenses incurred in the planning and delivery of the educational program and associated clinical visits, as the Secretary determines appropriate. ``(D) Rural areas.--The Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. ``(c) Physician Participation in Program.-- ``(1) Eligibility.--To be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider-- ``(A) who is employed by the grantee; and ``(B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). Such certification shall include material with respect to specific skills development. ``(B) Reporting.--As part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.''.

SHORT TITLE. This Act may be cited as the ``Improving Access to Health Care in Rural and Underserved Areas Act''. SEC. 2. 254b et seq.) 330O. PRIMARY CARE ACCREDITED CONTINUING MEDICAL EDUCATION PROGRAM. ``(b) Scope of Training.-- ``(1) In general.--Accredited continuing medical education programs offered under this section-- ``(A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; ``(B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; ``(C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and ``(D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. ``(D) Rural areas.--The Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. ``(c) Physician Participation in Program.-- ``(1) Eligibility.--To be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider-- ``(A) who is employed by the grantee; and ``(B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). Such certification shall include material with respect to specific skills development. ``(B) Reporting.--As part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.''.

Be it enacted by the Senate 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 Access to Health Care in Rural and Underserved Areas Act''. SEC. 2. Subpart 1 of 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: ``SEC. 330O. PRIMARY CARE ACCREDITED CONTINUING MEDICAL EDUCATION PROGRAM. ``(b) Scope of Training.-- ``(1) In general.--Accredited continuing medical education programs offered under this section-- ``(A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; ``(B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; ``(C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and ``(D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. ``(2) Training.--Accredited continuing medical education programs offered under this section may provide training to primary and behavioral care physicians and health care providers on-- ``(A) endocrinology (including diabetes care); ``(B) palliative care and pain management; ``(C) dermatology; ``(D) obstetrics and gynecology; ``(E) pediatric primary care and pediatric subspecialties; ``(F) gastroenterology; ``(G) mental and behavioral health, and substance use treatment; ``(H) preventive care and nutrition; ``(I) geriatric medicine; ``(J) infectious disease; ``(K) cardiology; ``(L) rural health and training to improve outcomes for populations experiencing health disparities; ``(M) wound care; ``(N) disease management for patients with multiple comorbidities; ``(O) health information technology; and ``(P) other topics, as the Secretary determines appropriate. ``(B) Use of grant.--A Federally-qualified health center, rural health clinic, or affiliated organization receiving a grant under this section may use grant funds for-- ``(i) compensation for medical providers participating in teaching at program sessions; ``(ii) part-time administration support for the program; ``(iii) compensation for the center for the nonclinical training time of the center's primary care or behavioral health care providers; ``(iv) technology and equipment needed to facilitate clinical visits for the program; ``(v) transportation costs for medical providers participating in teaching under the program to travel to center sites if such sites are located more than 35 miles from their primary residences and their participation is in-person; and ``(vi) other purposes related to expenses incurred in the planning and delivery of the educational program and associated clinical visits, as the Secretary determines appropriate. ``(C) Term.--A grant under this section shall be for a period of 5-years. ``(D) Rural areas.--The Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. ``(c) Physician Participation in Program.-- ``(1) Eligibility.--To be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider-- ``(A) who is employed by the grantee; and ``(B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). ``(2) CME credit.-- ``(A) In general.--The Secretary shall require a grantee under this section to identify an accrediting body that the grantee will work with to certify the program under the grant in a manner that provides continuing medical education credits to providers participating in the program. Such certification shall include material with respect to specific skills development. ``(B) Reporting.--As part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. Such grant funding may be reinstated by the Secretary once the grantee certifies that accredited continuing medical education is provided. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.''.

Be it enacted by the Senate 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 Access to Health Care in Rural and Underserved Areas Act''. SEC. 2. Subpart 1 of 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: ``SEC. 330O. PRIMARY CARE ACCREDITED CONTINUING MEDICAL EDUCATION PROGRAM. ``(b) Scope of Training.-- ``(1) In general.--Accredited continuing medical education programs offered under this section-- ``(A) shall be designed to be flexible to meet the needs of the patients and providers served and offer a variety of schedules, with a minimum of 1-day training per month, per specialty area; ``(B) shall involve clinical practice for at least 50 percent of the training (based on a 3-month average), involving direct care for patients with a scheduled visit with the primary care provider, and who could benefit from a concurrent visit with both the primary care provider and a specialist; ``(C) shall not impose additional cost-sharing with respect to the concurrent visits described in subparagraph (B); and ``(D) may involve specialists and faculty who participate in the program via telemedicine, as the program determines appropriate. ``(2) Training.--Accredited continuing medical education programs offered under this section may provide training to primary and behavioral care physicians and health care providers on-- ``(A) endocrinology (including diabetes care); ``(B) palliative care and pain management; ``(C) dermatology; ``(D) obstetrics and gynecology; ``(E) pediatric primary care and pediatric subspecialties; ``(F) gastroenterology; ``(G) mental and behavioral health, and substance use treatment; ``(H) preventive care and nutrition; ``(I) geriatric medicine; ``(J) infectious disease; ``(K) cardiology; ``(L) rural health and training to improve outcomes for populations experiencing health disparities; ``(M) wound care; ``(N) disease management for patients with multiple comorbidities; ``(O) health information technology; and ``(P) other topics, as the Secretary determines appropriate. ``(B) Use of grant.--A Federally-qualified health center, rural health clinic, or affiliated organization receiving a grant under this section may use grant funds for-- ``(i) compensation for medical providers participating in teaching at program sessions; ``(ii) part-time administration support for the program; ``(iii) compensation for the center for the nonclinical training time of the center's primary care or behavioral health care providers; ``(iv) technology and equipment needed to facilitate clinical visits for the program; ``(v) transportation costs for medical providers participating in teaching under the program to travel to center sites if such sites are located more than 35 miles from their primary residences and their participation is in-person; and ``(vi) other purposes related to expenses incurred in the planning and delivery of the educational program and associated clinical visits, as the Secretary determines appropriate. ``(C) Term.--A grant under this section shall be for a period of 5-years. ``(D) Rural areas.--The Secretary shall ensure that at least half of the recipients of a grant under this section are eligible Federally-qualified health centers located in a rural area or rural health clinics, or affiliated organizations acting on behalf of such centers. ``(c) Physician Participation in Program.-- ``(1) Eligibility.--To be eligible to participate in an accredited continuing medical education program offered under this section, a physician or other primary care or behavioral health care provider shall be a primary care provider-- ``(A) who is employed by the grantee; and ``(B) who serves patients in a medically underserved population (as defined in section 330(b)(3)). ``(2) CME credit.-- ``(A) In general.--The Secretary shall require a grantee under this section to identify an accrediting body that the grantee will work with to certify the program under the grant in a manner that provides continuing medical education credits to providers participating in the program. Such certification shall include material with respect to specific skills development. ``(B) Reporting.--As part of the annual reporting under subsection (b)(3)(A)(iv) a grantee shall provide to the Secretary information to confirm the accredited continuing medical education entity used by the grantee. Such grant funding may be reinstated by the Secretary once the grantee certifies that accredited continuing medical education is provided. ``(d) Annual Reporting.--Beginning 1 year after the date of enactment of the Improving Access to Health Care in Rural and Underserved Areas Act, and every year thereafter, the Secretary shall submit to Congress a report on the program under this section, including-- ``(1) the number of physicians who participate in the program each year and the specialties of such physicians; ``(2) a breakdown of specialist time spent directly with patients, with patients through telemedicine, and with primary care providers in classroom or other non-clinical setting during the program sessions; ``(3) a comparison of measures under the Uniform Data System of the Health Resources and Services Administration, or similar program, relevant to patient care improvements, between the year prior to the implementation of the program under this section and the most recent year in the program; ``(4) a summary of any clinical practice changes or notable improvements in patient care; ``(5) patient referrals from health centers that participate in the program to outside specialist care, and any patient care provided at the health center that, prior to the program, would have been referred to outside specialists; ``(6) retention rates of physicians at participating health centers; and ``(7) satisfaction rates of physicians with the education program at participating health centers. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.''.

H.R.1485

Energy

Open Back Better Act of 2021 This bill directs the Department of Energy (DOE) to provide grants to federal and state agencies and tribal organizations to implement building projects that increase resiliency, energy efficiency, renewable energy, and grid integration. It also provides grants for projects that may have combined heat and power and energy storage as project components. States must use at least 40% of grant funds to implement projects in environmental justice communities or low-income communities that have been adversely impacted by the COVID-19 (i.e., coronavirus disease 2019) pandemic.

To provide additional funds for Federal and State facility energy resiliency programs, 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 ``Open Back Better Act of 2021''. SEC. 2. FACILITIES ENERGY RESILIENCY. (a) Definitions.--In this section: (1) Covered project.--The term ``covered project'' means a building project at an eligible facility that-- (A) increases-- (i) resiliency, including-- (I) public health and safety; (II) power outages; (III) natural disasters; (IV) indoor air quality; and (V) any modifications necessitated by the COVID-19 pandemic; (ii) energy efficiency; (iii) renewable energy; and (iv) grid integration; and (B) may have combined heat and power and energy storage as project components. (2) Early childhood education program.--The term ``early childhood education program'' has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (3) Elementary school.--The term ``elementary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Eligible facility.--The term ``eligible facility'' means a public facility, as determined by the Secretary, including-- (A) a public school, including an elementary school and a secondary school; (B) a facility used to operate an early childhood education program; (C) a local educational agency; (D) a medical facility; (E) a local or State government building; (F) a community facility; (G) a public safety facility; (H) a day care center; (I) an institution of higher education; (J) a public library; and (K) a wastewater treatment facility. (5) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (7) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) Low income.--The term ``low income'', with respect to a household, means an annual household income equal to, or less than, the greater of-- (A) 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 (B) 200 percent of the Federal poverty line. (9) Low income community.--The term ``low income community'' means a census block group in which not less than 30 percent of households are low income. (10) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. (12) State.--The term ``State'' has the meaning given the term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202). (13) State energy program.--The term ``State Energy Program'' means the State Energy Program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.). (14) Tribal organization.-- (A) In general.--The term ``tribal organization'' has the meaning given the term in section 3765 of title 38, United States Code. (B) Technical amendment.--Section 3765(4) of title 38, United States Code, is amended by striking ``section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))'' and inserting ``section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)''. (b) State Programs.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall distribute grants to States under the State Energy Program, in accordance with the allocation formula established under that Program, to implement covered projects. (2) Use of funds.-- (A) In general.--Subject to subparagraph (B), grant funds under paragraph (1) may be used for technical assistance, project facilitation, and administration. (B) Technical assistance.--A State may use not more than 10 percent of grant funds received under paragraph (1) to provide technical assistance for the development, facilitation, management, oversight, and measurement of results of covered projects implemented using those funds. (C) Environmental justice and other communities.-- To support communities adversely impacted by the COVID- 19 pandemic, a State shall use not less than 40 percent of grant funds received under paragraph (1) to implement covered projects in environmental justice communities or low income communities. (D) Private financing.--A State receiving a grant under paragraph (1) shall-- (i) to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but (ii) maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital- intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. (E) Guidance.--In carrying out a covered project using grant funds received under paragraph (1), a State shall, to the extent practicable, adhere to guidance developed by the Secretary pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111- 5; 123 Stat. 115) relating to distribution of funds, if that guidance will speed the distribution of funds under this subsection. (3) No matching requirement.--Notwithstanding any other provision of law, a State receiving a grant under paragraph (1) shall not be required to provide any amount of matching funding. (4) Report.--Not later than 1 year after the date on which grants are distributed under paragraph (1), and each year thereafter until the funds appropriated pursuant to paragraph (5) are no longer available, the Secretary shall submit a report on the use of those funds (including in the communities described in paragraph (2)(C)) to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (5) Funding.--In addition to any amounts made available to the Secretary to carry out the State Energy Program, there is authorized to be appropriated to the Secretary $18,000,000,000 to carry out this subsection, to remain available until September 30, 2026. (6) Supplement, not supplant.--Funds made available under paragraph (5) shall supplement, not supplant, any other funds made available to States for the State Energy Program or the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). (c) Federal Energy Management Program.-- (1) In general.--Beginning 60 days after the date of enactment of this Act, the Secretary shall use funds appropriated pursuant to paragraph (4) to provide grants under the AFFECT program under the Federal Energy Management Program of the Department of Energy to implement covered projects. (2) Private financing.--A recipient of a grant under paragraph (1) shall-- (A) to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but (B) maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. (3) Report.--Not later than 1 year after the date on which grants are distributed under paragraph (1), and each year thereafter until funds appropriated pursuant to paragraph (4) are no longer available, the Secretary shall submit a report on the use of those funds to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (4) Funding.--In addition to any amounts made available to the Secretary to carry out the AFFECT program described in paragraph (1), there is authorized to be appropriated to the Secretary $500,000,000 to carry out this subsection, to remain available until September 30, 2026. (d) Tribal Organizations.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, the Secretary, acting through the head of the Office of Indian Energy, shall distribute funds made available under paragraph (3) to tribal organizations to implement covered projects. (2) Report.--Not later than 1 year after the date on which funds are distributed under paragraph (1), and each year thereafter until the funds made available under paragraph (3) are no longer available, the Secretary shall submit a report on the use of those funds to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (3) Funding.--There is authorized to be appropriated to the Secretary $1,500,000,000 to carry out this subsection, to remain available until September 30, 2026. (e) Use of American Iron, Steel, and Manufactured Goods.-- (1) In general.--Except as provided in paragraph (2), none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (2) Exceptions.--The requirement under paragraph (1) shall be waived by the head of the relevant Federal department or agency in any case or category of cases in which the head of the relevant Federal department or agency determines that-- (A) adhering to that requirement would be inconsistent with the public interest; (B) the iron, steel, and manufactured goods needed for the project are not produced in the United States-- (i) in sufficient and reasonably available quantities; and (ii) in a satisfactory quality; or (C) the inclusion of iron, steel, and relevant manufactured goods produced in the United States would increase the overall cost of the project by more than 25 percent. (3) Waiver publication.--If the head of a Federal department or agency makes a determination under paragraph (2) to waive the requirement under paragraph (1), the head of the Federal department or agency shall publish in the Federal Register a detailed justification for the waiver. (4) International agreements.--This subsection shall be applied in a manner consistent with the obligations of the United States under all applicable international agreements. (f) Wage Rate Requirements.-- (1) In general.--Notwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded directly or assisted in whole or in part by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis-Bacon Act''). (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. SEC. 3. PERSONNEL. (a) In General.--To carry out section 2, the Secretary shall hire within the Department of Energy-- (1) not less than 300 full-time employees in the Office of Energy Efficiency and Renewable Energy; (2) not less than 100 full-time employees, to be distributed among-- (A) the Office of General Counsel; (B) the Office of Procurement Policy; (C) the Golden Field Office; (D) the National Energy Technology Laboratory; and (E) the Office of the Inspector General; and (3) not less than 20 full-time employees in the Office of Indian Energy. (b) Timeline.--Not later than 60 days after the date of enactment of this Act, the Secretary shall-- (1) hire all personnel under subsection (a); or (2) certify that the Secretary is unable to hire all personnel by the date required under this subsection. (c) Contract Hires.-- (1) In general.--If the Secretary makes a certification under subsection (b)(2), the Secretary may hire on a contract basis not more than 50 percent of the personnel required to be hired under subsection (a). (2) Duration.--An individual hired on a contract basis under paragraph (1) shall have an employment term of not more than 1 year. (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $84,000,000 for each of fiscal years 2022 through 2032. (e) Report.--Not later than 60 days after the date of enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit a report on progress made in carrying out subsection (a) to-- (1) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (2) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (3) the Committee on Energy and Natural Resources of the Senate; and (4) the Committee on Energy and Commerce of the House of Representatives. <all>

Open Back Better Act of 2021

To provide additional funds for Federal and State facility energy resiliency programs, and for other purposes.

Open Back Better Act of 2021

Rep. Blunt Rochester, Lisa

D

DE

This bill directs the Department of Energy (DOE) to provide grants to federal and state agencies and tribal organizations to implement building projects that increase resiliency, energy efficiency, renewable energy, and grid integration. It also provides grants for projects that may have combined heat and power and energy storage as project components. States must use at least 40% of grant funds to implement projects in environmental justice communities or low-income communities that have been adversely impacted by the COVID-19 (i.e., coronavirus disease 2019) pandemic.

2. FACILITIES ENERGY RESILIENCY. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. (9) Low income community.--The term ``low income community'' means a census block group in which not less than 30 percent of households are low income. (10) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. 6321 et seq.). 450b(l))'' and inserting ``section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. (b) State Programs.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall distribute grants to States under the State Energy Program, in accordance with the allocation formula established under that Program, to implement covered projects. (D) Private financing.--A State receiving a grant under paragraph (1) shall-- (i) to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but (ii) maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital- intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. (2) Report.--Not later than 1 year after the date on which funds are distributed under paragraph (1), and each year thereafter until the funds made available under paragraph (3) are no longer available, the Secretary shall submit a report on the use of those funds to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (3) Funding.--There is authorized to be appropriated to the Secretary $1,500,000,000 to carry out this subsection, to remain available until September 30, 2026. (e) Use of American Iron, Steel, and Manufactured Goods.-- (1) In general.--Except as provided in paragraph (2), none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (3) Waiver publication.--If the head of a Federal department or agency makes a determination under paragraph (2) to waive the requirement under paragraph (1), the head of the Federal department or agency shall publish in the Federal Register a detailed justification for the waiver. 1267; 5 U.S.C. and section 3145 of title 40, United States Code. SEC. 3. PERSONNEL.

2. FACILITIES ENERGY RESILIENCY. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. (9) Low income community.--The term ``low income community'' means a census block group in which not less than 30 percent of households are low income. 7801). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) State Programs.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall distribute grants to States under the State Energy Program, in accordance with the allocation formula established under that Program, to implement covered projects. (2) Report.--Not later than 1 year after the date on which funds are distributed under paragraph (1), and each year thereafter until the funds made available under paragraph (3) are no longer available, the Secretary shall submit a report on the use of those funds to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (3) Funding.--There is authorized to be appropriated to the Secretary $1,500,000,000 to carry out this subsection, to remain available until September 30, 2026. (3) Waiver publication.--If the head of a Federal department or agency makes a determination under paragraph (2) to waive the requirement under paragraph (1), the head of the Federal department or agency shall publish in the Federal Register a detailed justification for the waiver. 1267; 5 U.S.C. and section 3145 of title 40, United States Code. 3. PERSONNEL.

2. FACILITIES ENERGY RESILIENCY. 1003). (5) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (9) Low income community.--The term ``low income community'' means a census block group in which not less than 30 percent of households are low income. (10) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. 6202). 6321 et seq.). (14) Tribal organization.-- (A) In general.--The term ``tribal organization'' has the meaning given the term in section 3765 of title 38, United States Code. 450b(l))'' and inserting ``section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)''. (b) State Programs.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall distribute grants to States under the State Energy Program, in accordance with the allocation formula established under that Program, to implement covered projects. (D) Private financing.--A State receiving a grant under paragraph (1) shall-- (i) to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but (ii) maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital- intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. 115) relating to distribution of funds, if that guidance will speed the distribution of funds under this subsection. (3) No matching requirement.--Notwithstanding any other provision of law, a State receiving a grant under paragraph (1) shall not be required to provide any amount of matching funding. (2) Report.--Not later than 1 year after the date on which funds are distributed under paragraph (1), and each year thereafter until the funds made available under paragraph (3) are no longer available, the Secretary shall submit a report on the use of those funds to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (3) Funding.--There is authorized to be appropriated to the Secretary $1,500,000,000 to carry out this subsection, to remain available until September 30, 2026. (e) Use of American Iron, Steel, and Manufactured Goods.-- (1) In general.--Except as provided in paragraph (2), none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (3) Waiver publication.--If the head of a Federal department or agency makes a determination under paragraph (2) to waive the requirement under paragraph (1), the head of the Federal department or agency shall publish in the Federal Register a detailed justification for the waiver. (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. SEC. 3. PERSONNEL. (a) In General.--To carry out section 2, the Secretary shall hire within the Department of Energy-- (1) not less than 300 full-time employees in the Office of Energy Efficiency and Renewable Energy; (2) not less than 100 full-time employees, to be distributed among-- (A) the Office of General Counsel; (B) the Office of Procurement Policy; (C) the Golden Field Office; (D) the National Energy Technology Laboratory; and (E) the Office of the Inspector General; and (3) not less than 20 full-time employees in the Office of Indian Energy.

2. FACILITIES ENERGY RESILIENCY. (a) Definitions.--In this section: (1) Covered project.--The term ``covered project'' means a building project at an eligible facility that-- (A) increases-- (i) resiliency, including-- (I) public health and safety; (II) power outages; (III) natural disasters; (IV) indoor air quality; and (V) any modifications necessitated by the COVID-19 pandemic; (ii) energy efficiency; (iii) renewable energy; and (iv) grid integration; and (B) may have combined heat and power and energy storage as project components. 1003). (5) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (9) Low income community.--The term ``low income community'' means a census block group in which not less than 30 percent of households are low income. (10) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) Secretary.--The term ``Secretary'' means the Secretary of Energy. 6202). 6321 et seq.). (14) Tribal organization.-- (A) In general.--The term ``tribal organization'' has the meaning given the term in section 3765 of title 38, United States Code. 450b(l))'' and inserting ``section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)''. (b) State Programs.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary shall distribute grants to States under the State Energy Program, in accordance with the allocation formula established under that Program, to implement covered projects. (B) Technical assistance.--A State may use not more than 10 percent of grant funds received under paragraph (1) to provide technical assistance for the development, facilitation, management, oversight, and measurement of results of covered projects implemented using those funds. (D) Private financing.--A State receiving a grant under paragraph (1) shall-- (i) to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but (ii) maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital- intensive efficiency and emission reduction components than are typically available through private energy service performance contracts. 115) relating to distribution of funds, if that guidance will speed the distribution of funds under this subsection. (3) No matching requirement.--Notwithstanding any other provision of law, a State receiving a grant under paragraph (1) shall not be required to provide any amount of matching funding. (2) Report.--Not later than 1 year after the date on which funds are distributed under paragraph (1), and each year thereafter until the funds made available under paragraph (3) are no longer available, the Secretary shall submit a report on the use of those funds to-- (A) the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate; (B) the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives; (C) the Committee on Energy and Natural Resources of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (3) Funding.--There is authorized to be appropriated to the Secretary $1,500,000,000 to carry out this subsection, to remain available until September 30, 2026. (e) Use of American Iron, Steel, and Manufactured Goods.-- (1) In general.--Except as provided in paragraph (2), none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (3) Waiver publication.--If the head of a Federal department or agency makes a determination under paragraph (2) to waive the requirement under paragraph (1), the head of the Federal department or agency shall publish in the Federal Register a detailed justification for the waiver. (4) International agreements.--This subsection shall be applied in a manner consistent with the obligations of the United States under all applicable international agreements. (f) Wage Rate Requirements.-- (1) In general.--Notwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded directly or assisted in whole or in part by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the ``Davis-Bacon Act''). (2) Authority.--With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. SEC. 3. PERSONNEL. (a) In General.--To carry out section 2, the Secretary shall hire within the Department of Energy-- (1) not less than 300 full-time employees in the Office of Energy Efficiency and Renewable Energy; (2) not less than 100 full-time employees, to be distributed among-- (A) the Office of General Counsel; (B) the Office of Procurement Policy; (C) the Golden Field Office; (D) the National Energy Technology Laboratory; and (E) the Office of the Inspector General; and (3) not less than 20 full-time employees in the Office of Indian Energy.

H.R.1288

Public Lands and Natural Resources

This bill extends the Gullah Geechee Cultural Heritage Corridor Commission. The bill increases the total amount that may be appropriated for the corridor.

To amend the Gullah/Geechee Cultural Heritage Act to extend the authorization of the Gullah/Geechee Cultural Heritage Corridor Commission, 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. GULLAH/GEECHEE CULTURAL HERITAGE ACT AMENDMENTS. The Gullah/Geechee Cultural Heritage Act (Public Law 109-338; 16 U.S.C. 461 note) is amended as follows: (1) Commission.--In section 295D(d), by striking ``15 years'' and inserting ``25 years''. (2) Meeting requirements.--By repealing section 295E(a)(4). (3) Funding.--In section 295K(a), by striking ``$10,000,000'' and inserting ``$30,000,000''. (4) Technical amendment.--By striking ``Gullah/Geechee'' each place it appears in any typeface and inserting ``Gullah Geechee'' in the respective typeface. <all>

To amend the Gullah/Geechee Cultural Heritage Act to extend the authorization of the Gullah/Geechee Cultural Heritage Corridor Commission, and for other purposes.

To amend the Gullah/Geechee Cultural Heritage Act to extend the authorization of the Gullah/Geechee Cultural Heritage Corridor Commission, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend the Gullah/Geechee Cultural Heritage Act to extend the authorization of the Gullah/Geechee Cultural Heritage Corridor Commission, and for other purposes.

Rep. Clyburn, James E.

D

SC

This bill extends the Gullah Geechee Cultural Heritage Corridor Commission. The bill increases the total amount that may be appropriated for the corridor.

To amend the Gullah/Geechee Cultural Heritage Act to extend the authorization of the Gullah/Geechee Cultural Heritage Corridor Commission, 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. GULLAH/GEECHEE CULTURAL HERITAGE ACT AMENDMENTS. The Gullah/Geechee Cultural Heritage Act (Public Law 109-338; 16 U.S.C. 461 note) is amended as follows: (1) Commission.--In section 295D(d), by striking ``15 years'' and inserting ``25 years''. (2) Meeting requirements.--By repealing section 295E(a)(4). (3) Funding.--In section 295K(a), by striking ``$10,000,000'' and inserting ``$30,000,000''. (4) Technical amendment.--By striking ``Gullah/Geechee'' each place it appears in any typeface and inserting ``Gullah Geechee'' in the respective typeface. <all>

To amend the Gullah/Geechee Cultural Heritage Act to extend the authorization of the Gullah/Geechee Cultural Heritage Corridor Commission, 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. GULLAH/GEECHEE CULTURAL HERITAGE ACT AMENDMENTS. The Gullah/Geechee Cultural Heritage Act (Public Law 109-338; 16 U.S.C. 461 note) is amended as follows: (1) Commission.--In section 295D(d), by striking ``15 years'' and inserting ``25 years''. (2) Meeting requirements.--By repealing section 295E(a)(4). (3) Funding.--In section 295K(a), by striking ``$10,000,000'' and inserting ``$30,000,000''. (4) Technical amendment.--By striking ``Gullah/Geechee'' each place it appears in any typeface and inserting ``Gullah Geechee'' in the respective typeface. <all>

To amend the Gullah/Geechee Cultural Heritage Act to extend the authorization of the Gullah/Geechee Cultural Heritage Corridor Commission, 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. GULLAH/GEECHEE CULTURAL HERITAGE ACT AMENDMENTS. The Gullah/Geechee Cultural Heritage Act (Public Law 109-338; 16 U.S.C. 461 note) is amended as follows: (1) Commission.--In section 295D(d), by striking ``15 years'' and inserting ``25 years''. (2) Meeting requirements.--By repealing section 295E(a)(4). (3) Funding.--In section 295K(a), by striking ``$10,000,000'' and inserting ``$30,000,000''. (4) Technical amendment.--By striking ``Gullah/Geechee'' each place it appears in any typeface and inserting ``Gullah Geechee'' in the respective typeface. <all>

To amend the Gullah/Geechee Cultural Heritage Act to extend the authorization of the Gullah/Geechee Cultural Heritage Corridor Commission, 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. GULLAH/GEECHEE CULTURAL HERITAGE ACT AMENDMENTS. The Gullah/Geechee Cultural Heritage Act (Public Law 109-338; 16 U.S.C. 461 note) is amended as follows: (1) Commission.--In section 295D(d), by striking ``15 years'' and inserting ``25 years''. (2) Meeting requirements.--By repealing section 295E(a)(4). (3) Funding.--In section 295K(a), by striking ``$10,000,000'' and inserting ``$30,000,000''. (4) Technical amendment.--By striking ``Gullah/Geechee'' each place it appears in any typeface and inserting ``Gullah Geechee'' in the respective typeface. <all>

H.R.1387

Immigration

Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021 The bill requires the Department of Homeland Security to waive fees for naturalization and certain immigration-related benefits for the immediate relatives of a Purple Heart recipient. Generally, the children, spouses, and parents of a Purple Heart recipient shall qualify as an immediate relative.

To direct the Secretary of Homeland Security to exempt certain immediate relatives of an individual who was awarded the Purple Heart from certain fees, 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 ``Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021''. SEC. 2. EXEMPTION OF FEES FOR CERTAIN IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO RECEIVED THE PURPLE HEART. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative. (b) Fee Exemption.--The Secretary shall exempt certain immediate relatives of an individual who was awarded the Purple Heart, who identifies as such an immediate relative on a certain application or petition, from a fee with respect to a certain application or petition and any associated fee for biometrics. (c) Pending Applications and Petitions.--The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act. (d) Definition.--In this section: (1) Active service.--The term ``active service'' has the meaning given such term in section 101(d) of title 10, United States Code. (2) Certain immediate relatives of an individual who was awarded the purple heart.--The term ``certain immediate relatives of an individual who was awarded the Purple Heart'' means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code. (3) Certain application or petition.--The term ``certain application or petition'' means-- (A) an application using Form-400, Application for Naturalization (or any successor form); or (B) a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form). (4) Immediate relative.--The term ``immediate relative'' has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)). <all>

Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021

To direct the Secretary of Homeland Security to exempt certain immediate relatives of an individual who was awarded the Purple Heart from certain fees, and for other purposes.

Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021

Rep. Waltz, Michael

R

FL

The bill requires the Department of Homeland Security to waive fees for naturalization and certain immigration-related benefits for the immediate relatives of a Purple Heart recipient. Generally, the children, spouses, and parents of a Purple Heart recipient shall qualify as an immediate relative.

To direct the Secretary of Homeland Security to exempt certain immediate relatives of an individual who was awarded the Purple Heart from certain fees, 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 ``Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021''. SEC. 2. EXEMPTION OF FEES FOR CERTAIN IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO RECEIVED THE PURPLE HEART. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative. (b) Fee Exemption.--The Secretary shall exempt certain immediate relatives of an individual who was awarded the Purple Heart, who identifies as such an immediate relative on a certain application or petition, from a fee with respect to a certain application or petition and any associated fee for biometrics. (c) Pending Applications and Petitions.--The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act. (d) Definition.--In this section: (1) Active service.--The term ``active service'' has the meaning given such term in section 101(d) of title 10, United States Code. (2) Certain immediate relatives of an individual who was awarded the purple heart.--The term ``certain immediate relatives of an individual who was awarded the Purple Heart'' means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code. (3) Certain application or petition.--The term ``certain application or petition'' means-- (A) an application using Form-400, Application for Naturalization (or any successor form); or (B) a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form). (4) Immediate relative.--The term ``immediate relative'' has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)). <all>

To direct the Secretary of Homeland Security to exempt certain immediate relatives of an individual who was awarded the Purple Heart from certain fees, 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 ``Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021''. SEC. 2. EXEMPTION OF FEES FOR CERTAIN IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO RECEIVED THE PURPLE HEART. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative. (c) Pending Applications and Petitions.--The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act. (d) Definition.--In this section: (1) Active service.--The term ``active service'' has the meaning given such term in section 101(d) of title 10, United States Code. (2) Certain immediate relatives of an individual who was awarded the purple heart.--The term ``certain immediate relatives of an individual who was awarded the Purple Heart'' means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code. (3) Certain application or petition.--The term ``certain application or petition'' means-- (A) an application using Form-400, Application for Naturalization (or any successor form); or (B) a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form). (4) Immediate relative.--The term ``immediate relative'' has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)).

To direct the Secretary of Homeland Security to exempt certain immediate relatives of an individual who was awarded the Purple Heart from certain fees, 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 ``Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021''. SEC. 2. EXEMPTION OF FEES FOR CERTAIN IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO RECEIVED THE PURPLE HEART. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative. (b) Fee Exemption.--The Secretary shall exempt certain immediate relatives of an individual who was awarded the Purple Heart, who identifies as such an immediate relative on a certain application or petition, from a fee with respect to a certain application or petition and any associated fee for biometrics. (c) Pending Applications and Petitions.--The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act. (d) Definition.--In this section: (1) Active service.--The term ``active service'' has the meaning given such term in section 101(d) of title 10, United States Code. (2) Certain immediate relatives of an individual who was awarded the purple heart.--The term ``certain immediate relatives of an individual who was awarded the Purple Heart'' means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code. (3) Certain application or petition.--The term ``certain application or petition'' means-- (A) an application using Form-400, Application for Naturalization (or any successor form); or (B) a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form). (4) Immediate relative.--The term ``immediate relative'' has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)). <all>

To direct the Secretary of Homeland Security to exempt certain immediate relatives of an individual who was awarded the Purple Heart from certain fees, 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 ``Sergeant First Class Javier J. Gutierrez Purple Heart Survivor Naturalization Fee Relief Act of 2021''. SEC. 2. EXEMPTION OF FEES FOR CERTAIN IMMEDIATE RELATIVES OF AN INDIVIDUAL WHO RECEIVED THE PURPLE HEART. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall include on a certain application or petition an opportunity for certain immediate relatives of an individual who was awarded the Purple Heart to identify themselves as such an immediate relative. (b) Fee Exemption.--The Secretary shall exempt certain immediate relatives of an individual who was awarded the Purple Heart, who identifies as such an immediate relative on a certain application or petition, from a fee with respect to a certain application or petition and any associated fee for biometrics. (c) Pending Applications and Petitions.--The Secretary of Homeland Security may waive fees for a certain application or petition and any associated fee for biometrics for certain immediate relatives of an individual who was awarded the Purple Heart, if such application or petition is submitted not more than 90 days after the date of the enactment of this Act. (d) Definition.--In this section: (1) Active service.--The term ``active service'' has the meaning given such term in section 101(d) of title 10, United States Code. (2) Certain immediate relatives of an individual who was awarded the purple heart.--The term ``certain immediate relatives of an individual who was awarded the Purple Heart'' means an immediate relative of a living or deceased member of the Armed Forces who was awarded the Purple Heart and who is not a person ineligible for military honors pursuant to section 985(a) of title 10, United States Code. (3) Certain application or petition.--The term ``certain application or petition'' means-- (A) an application using Form-400, Application for Naturalization (or any successor form); or (B) a petition using Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant (or any successor form). (4) Immediate relative.--The term ``immediate relative'' has the meaning given such term in section 201(b) of the Immigration and Nationality Act (8 U.S.C. 1151(b)). <all>

S.1747

Public Lands and Natural Resources

Fluke Fairness Act of 2021 This bill directs the Mid-Atlantic Fishery Management Council to submit a modified fishery management plan for the commercial and recreational management of summer flounder (commonly known as fluke), or an amendment to the plan, to the Department of Commerce. The plan must Commerce must prepare and consider a plan if the council fails to submit the modifications or amendments. The Government Accountability Office must assess and report on whether the subsequent implementation of the approved plan or amendment complies with national standards.

To provide for an equitable management of summer flounder based on geographic, scientific, and economic data, 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 ``Fluke Fairness Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Summer flounder is an important economic fish stock for commercial and recreational fishermen across the Northeast and Mid-Atlantic United States. (2) The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (4) Summer flounder occur in both State and Federal waters and are managed through a joint fishery management plan between the Council and the Commission. (5) The Council and the Commission decided that each State's recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (6) These historical landings were based on flawed data sets that no longer provide fairness or flexibility for fisheries managers to allocate resources based on the best science. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The fishery management plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data collected from 1981 to 1989, thus, the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Atlantic States Marine Fisheries Commission. (2) Council.--The term ``Council'' means the Mid-Atlantic Fishery Management Council established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)). (3) National standards.--The term ``National Standards'' means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) Summer flounder.--The term ``summer flounder'' means the species Paralichthys dentatus (commonly known as ``Fluke''). SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM. (a) Fishery Management Plan Modification.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Secretary, and the Secretary may approve, a modified fishery management plan for the commercial management of summer flounder under title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or an amendment to such plan that-- (1) shall be based on the best scientific information available; (2) establishes commercial quotas in direct proportion to the distribution, abundance, and location of summer flounder as reflected by fishery independent surveys conducted by the National Marine Fisheries Service and State agencies; (3) considers regional, coastwide, or other management measures for summer flounder that comply with the National Standards; and (4) prohibits the establishment of commercial catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation With the Commission.--In preparing the modified fishery management plan or an amendment to such a plan as described in subsection (a), the Council shall consult with the Commission to ensure consistent management throughout the range of the summer flounder. (c) Failure To Submit Plan.--If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and consider such a modified plan or amendment. SEC. 5. REPORT. Not later than 1 year after the date of the approval under section 4 of a modified fishery management plan for the commercial management of summer flounder or an amendment to such plan, the Comptroller General of the United States shall submit to Congress a report on the implementation of such modified plan or amendment that includes an assessment of whether such implementation complies with the National Standards. Calendar No. 213 117th CONGRESS 1st Session S. 1747 _______________________________________________________________________

Fluke Fairness Act of 2021

A bill to provide for an equitable management of summer flounder based on geographic, scientific, and economic data, and for other purposes.

Fluke Fairness Act of 2021 Fluke Fairness Act of 2021

Sen. Schumer, Charles E.

D

NY

This bill directs the Mid-Atlantic Fishery Management Council to submit a modified fishery management plan for the commercial and recreational management of summer flounder (commonly known as fluke), or an amendment to the plan, to the Department of Commerce. The plan must Commerce must prepare and consider a plan if the council fails to submit the modifications or amendments. The Government Accountability Office must assess and report on whether the subsequent implementation of the approved plan or amendment complies with national standards.

To provide for an equitable management of summer flounder based on geographic, scientific, and economic data, 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 ``Fluke Fairness Act of 2021''. 2. FINDINGS. 1801 et seq.) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (5) The Council and the Commission decided that each State's recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The fishery management plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data collected from 1981 to 1989, thus, the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Atlantic States Marine Fisheries Commission. 1852(a)). (3) National standards.--The term ``National Standards'' means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). 4. SUMMER FLOUNDER MANAGEMENT REFORM. or an amendment to such plan that-- (1) shall be based on the best scientific information available; (2) establishes commercial quotas in direct proportion to the distribution, abundance, and location of summer flounder as reflected by fishery independent surveys conducted by the National Marine Fisheries Service and State agencies; (3) considers regional, coastwide, or other management measures for summer flounder that comply with the National Standards; and (4) prohibits the establishment of commercial catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (c) Failure To Submit Plan.--If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and consider such a modified plan or amendment. SEC. 5. REPORT. Calendar No. 213 117th CONGRESS 1st Session S. 1747 _______________________________________________________________________

To provide for an equitable management of summer flounder based on geographic, scientific, and economic data, 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 ``Fluke Fairness Act of 2021''. 2. FINDINGS. 1801 et seq.) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (5) The Council and the Commission decided that each State's recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The fishery management plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data collected from 1981 to 1989, thus, the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Atlantic States Marine Fisheries Commission. 1852(a)). (3) National standards.--The term ``National Standards'' means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). 4. SUMMER FLOUNDER MANAGEMENT REFORM. (c) Failure To Submit Plan.--If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and consider such a modified plan or amendment. SEC. 5. REPORT. Calendar No. 213 117th CONGRESS 1st Session S. 1747 _______________________________________________________________________

To provide for an equitable management of summer flounder based on geographic, scientific, and economic data, 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 ``Fluke Fairness Act of 2021''. 2. FINDINGS. Congress finds the following: (1) Summer flounder is an important economic fish stock for commercial and recreational fishermen across the Northeast and Mid-Atlantic United States. 1801 et seq.) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (4) Summer flounder occur in both State and Federal waters and are managed through a joint fishery management plan between the Council and the Commission. (5) The Council and the Commission decided that each State's recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (6) These historical landings were based on flawed data sets that no longer provide fairness or flexibility for fisheries managers to allocate resources based on the best science. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The fishery management plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data collected from 1981 to 1989, thus, the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Atlantic States Marine Fisheries Commission. 1852(a)). (3) National standards.--The term ``National Standards'' means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) Summer flounder.--The term ``summer flounder'' means the species Paralichthys dentatus (commonly known as ``Fluke''). 4. SUMMER FLOUNDER MANAGEMENT REFORM. (a) Fishery Management Plan Modification.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Secretary, and the Secretary may approve, a modified fishery management plan for the commercial management of summer flounder under title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. or an amendment to such plan that-- (1) shall be based on the best scientific information available; (2) establishes commercial quotas in direct proportion to the distribution, abundance, and location of summer flounder as reflected by fishery independent surveys conducted by the National Marine Fisheries Service and State agencies; (3) considers regional, coastwide, or other management measures for summer flounder that comply with the National Standards; and (4) prohibits the establishment of commercial catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation With the Commission.--In preparing the modified fishery management plan or an amendment to such a plan as described in subsection (a), the Council shall consult with the Commission to ensure consistent management throughout the range of the summer flounder. (c) Failure To Submit Plan.--If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and consider such a modified plan or amendment. SEC. 5. REPORT. Not later than 1 year after the date of the approval under section 4 of a modified fishery management plan for the commercial management of summer flounder or an amendment to such plan, the Comptroller General of the United States shall submit to Congress a report on the implementation of such modified plan or amendment that includes an assessment of whether such implementation complies with the National Standards. Calendar No. 213 117th CONGRESS 1st Session S. 1747 _______________________________________________________________________

To provide for an equitable management of summer flounder based on geographic, scientific, and economic data, 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 ``Fluke Fairness Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Summer flounder is an important economic fish stock for commercial and recreational fishermen across the Northeast and Mid-Atlantic United States. (2) The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) was reauthorized in 2006 and instituted annual catch limits and accountability measures for important fish stocks. (3) That reauthorization prompted fishery managers to look at alternate management schemes to rebuild depleted stocks like summer flounder. (4) Summer flounder occur in both State and Federal waters and are managed through a joint fishery management plan between the Council and the Commission. (5) The Council and the Commission decided that each State's recreational and commercial harvest limits for summer flounder would be based upon landings in previous years. (6) These historical landings were based on flawed data sets that no longer provide fairness or flexibility for fisheries managers to allocate resources based on the best science. (7) This allocation mechanism resulted in an uneven split among the States along the East Coast which is problematic. (8) The fishery management plan for summer flounder does not account for regional changes in the location of the fluke stock even though the stock has moved further to the north and changes in effort by anglers along the East Coast. (9) The States have been locked in a management system based on data collected from 1981 to 1989, thus, the summer flounder stock is not being managed using the best available science and modern fishery management techniques. (10) It is in the interest of the Federal Government to establish a new fishery management plan for summer flounder that is based on current geographic, scientific, and economic realities. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Atlantic States Marine Fisheries Commission. (2) Council.--The term ``Council'' means the Mid-Atlantic Fishery Management Council established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a)). (3) National standards.--The term ``National Standards'' means the national standards for fishery conservation and management set out in section 301(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a)). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (5) Summer flounder.--The term ``summer flounder'' means the species Paralichthys dentatus (commonly known as ``Fluke''). SEC. 4. SUMMER FLOUNDER MANAGEMENT REFORM. (a) Fishery Management Plan Modification.--Not later than 1 year after the date of enactment of this Act, the Council shall submit to the Secretary, and the Secretary may approve, a modified fishery management plan for the commercial management of summer flounder under title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) or an amendment to such plan that-- (1) shall be based on the best scientific information available; (2) establishes commercial quotas in direct proportion to the distribution, abundance, and location of summer flounder as reflected by fishery independent surveys conducted by the National Marine Fisheries Service and State agencies; (3) considers regional, coastwide, or other management measures for summer flounder that comply with the National Standards; and (4) prohibits the establishment of commercial catch quotas for summer flounder on a State-by-State basis using historical landings data that does not reflect the status of the summer flounder stock, based on the most recent scientific information. (b) Consultation With the Commission.--In preparing the modified fishery management plan or an amendment to such a plan as described in subsection (a), the Council shall consult with the Commission to ensure consistent management throughout the range of the summer flounder. (c) Failure To Submit Plan.--If the Council fails to submit a modified fishery management plan or an amendment to such a plan as described in subsection (a) that may be approved by the Secretary, the Secretary shall prepare and consider such a modified plan or amendment. SEC. 5. REPORT. Not later than 1 year after the date of the approval under section 4 of a modified fishery management plan for the commercial management of summer flounder or an amendment to such plan, the Comptroller General of the United States shall submit to Congress a report on the implementation of such modified plan or amendment that includes an assessment of whether such implementation complies with the National Standards. Calendar No. 213 117th CONGRESS 1st Session S. 1747 _______________________________________________________________________

H.R.7263

Crime and Law Enforcement

Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act or the PROTECT Act of 2022 This bill alters federal sentencing for individuals who commit certain child pornography offenses. It generally requires judges to impose a sentence that is not less than the minimum period specified in the sentencing guideline range. The bill also increases certain criminal penalties for possession of child pornography.

To establish appropriate penalties for possession of child pornography, 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 ``Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act'' or the ``PROTECT Act of 2022''. SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OFFENSES. (a) In General.--Section 3553(b)(2) of title 18, United States Code, is amended by adding at the end the following: ``(B) Child pornography offenders.-- ``(i) Definition.--In this subparagraph, the term `child pornography offense' means a violation of, or an attempt or conspiracy to violate, section 2251, 2251A, 2252(a), 2252A(a), or 2260. ``(ii) Facts proven during trial or admitted by the defendant.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A). ``(iii) Facts found by courts.-- ``(I) In general.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence. ``(II) Minimum period.--Nothing in subclause (I) shall authorize a court to impose a sentence that is less than-- ``(aa) the minimum sentence determined in accordance with clause (ii); or ``(bb) the minimum sentence otherwise required by statute.''. (b) Penalties for Possession.--Chapter 110 of title 18, United States Code, is amended-- (1) in section 2252(b)-- (A) by striking ``(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a)'' and inserting ``Whoever violates, or attempts or conspires to violate, subsection (a)''; and (B) by striking paragraph (2); and (2) in section 2252A(b)-- (A) in paragraph (1), by inserting ``(5),'' after ``(4),''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). <all>

PROTECT Act of 2022

To establish appropriate penalties for possession of child pornography, and for other purposes.

PROTECT Act of 2022 Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act

Rep. Buck, Ken

R

CO

This bill alters federal sentencing for individuals who commit certain child pornography offenses. It generally requires judges to impose a sentence that is not less than the minimum period specified in the sentencing guideline range. The bill also increases certain criminal penalties for possession of child pornography.

To establish appropriate penalties for possession of child pornography, 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 ``Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act'' or the ``PROTECT Act of 2022''. SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OFFENSES. (a) In General.--Section 3553(b)(2) of title 18, United States Code, is amended by adding at the end the following: ``(B) Child pornography offenders.-- ``(i) Definition.--In this subparagraph, the term `child pornography offense' means a violation of, or an attempt or conspiracy to violate, section 2251, 2251A, 2252(a), 2252A(a), or 2260. ``(ii) Facts proven during trial or admitted by the defendant.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A). ``(iii) Facts found by courts.-- ``(I) In general.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence. ``(II) Minimum period.--Nothing in subclause (I) shall authorize a court to impose a sentence that is less than-- ``(aa) the minimum sentence determined in accordance with clause (ii); or ``(bb) the minimum sentence otherwise required by statute.''. (b) Penalties for Possession.--Chapter 110 of title 18, United States Code, is amended-- (1) in section 2252(b)-- (A) by striking ``(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a)'' and inserting ``Whoever violates, or attempts or conspires to violate, subsection (a)''; and (B) by striking paragraph (2); and (2) in section 2252A(b)-- (A) in paragraph (1), by inserting ``(5),'' after ``(4),''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). <all>

To establish appropriate penalties for possession of child pornography, 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 ``Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act'' or the ``PROTECT Act of 2022''. SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OFFENSES. ``(ii) Facts proven during trial or admitted by the defendant.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A). ``(iii) Facts found by courts.-- ``(I) In general.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence. ``(II) Minimum period.--Nothing in subclause (I) shall authorize a court to impose a sentence that is less than-- ``(aa) the minimum sentence determined in accordance with clause (ii); or ``(bb) the minimum sentence otherwise required by statute.''. (b) Penalties for Possession.--Chapter 110 of title 18, United States Code, is amended-- (1) in section 2252(b)-- (A) by striking ``(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a)'' and inserting ``Whoever violates, or attempts or conspires to violate, subsection (a)''; and (B) by striking paragraph (2); and (2) in section 2252A(b)-- (A) in paragraph (1), by inserting ``(5),'' after ``(4),''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2).

To establish appropriate penalties for possession of child pornography, 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 ``Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act'' or the ``PROTECT Act of 2022''. SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OFFENSES. (a) In General.--Section 3553(b)(2) of title 18, United States Code, is amended by adding at the end the following: ``(B) Child pornography offenders.-- ``(i) Definition.--In this subparagraph, the term `child pornography offense' means a violation of, or an attempt or conspiracy to violate, section 2251, 2251A, 2252(a), 2252A(a), or 2260. ``(ii) Facts proven during trial or admitted by the defendant.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A). ``(iii) Facts found by courts.-- ``(I) In general.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence. ``(II) Minimum period.--Nothing in subclause (I) shall authorize a court to impose a sentence that is less than-- ``(aa) the minimum sentence determined in accordance with clause (ii); or ``(bb) the minimum sentence otherwise required by statute.''. (b) Penalties for Possession.--Chapter 110 of title 18, United States Code, is amended-- (1) in section 2252(b)-- (A) by striking ``(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a)'' and inserting ``Whoever violates, or attempts or conspires to violate, subsection (a)''; and (B) by striking paragraph (2); and (2) in section 2252A(b)-- (A) in paragraph (1), by inserting ``(5),'' after ``(4),''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). <all>

To establish appropriate penalties for possession of child pornography, 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 ``Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act'' or the ``PROTECT Act of 2022''. SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OFFENSES. (a) In General.--Section 3553(b)(2) of title 18, United States Code, is amended by adding at the end the following: ``(B) Child pornography offenders.-- ``(i) Definition.--In this subparagraph, the term `child pornography offense' means a violation of, or an attempt or conspiracy to violate, section 2251, 2251A, 2252(a), 2252A(a), or 2260. ``(ii) Facts proven during trial or admitted by the defendant.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A). ``(iii) Facts found by courts.-- ``(I) In general.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence. ``(II) Minimum period.--Nothing in subclause (I) shall authorize a court to impose a sentence that is less than-- ``(aa) the minimum sentence determined in accordance with clause (ii); or ``(bb) the minimum sentence otherwise required by statute.''. (b) Penalties for Possession.--Chapter 110 of title 18, United States Code, is amended-- (1) in section 2252(b)-- (A) by striking ``(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a)'' and inserting ``Whoever violates, or attempts or conspires to violate, subsection (a)''; and (B) by striking paragraph (2); and (2) in section 2252A(b)-- (A) in paragraph (1), by inserting ``(5),'' after ``(4),''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). <all>

S.591

Crime and Law Enforcement

Background Check Completion Act of 2021 This bill prohibits a licensed gun dealer from transferring a firearm to an unlicensed person prior to the completion of a background check. Current law permits a licensed gun dealer to transfer a firearm to an unlicensed person if a submitted background check remains incomplete after three business days.

To prohibit firearms dealers from selling a firearm prior to the completion of a background check. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Background Check Completion Act of 2021''. SEC. 2. COMPLETION OF BACKGROUND CHECKS. Section 922(t)(1)(B) of title 18, United States Code, is amended-- (1) by striking ``(i)''; (2) by striking ``; or'' and inserting ``; and''; and (3) by striking clause (ii). <all>

Background Check Completion Act of 2021

A bill to prohibit firearms dealers from selling a firearm prior to the completion of a background check.

Background Check Completion Act of 2021

Sen. Blumenthal, Richard

D

CT

This bill prohibits a licensed gun dealer from transferring a firearm to an unlicensed person prior to the completion of a background check. Current law permits a licensed gun dealer to transfer a firearm to an unlicensed person if a submitted background check remains incomplete after three business days.

To prohibit firearms dealers from selling a firearm prior to the completion of a background check. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Background Check Completion Act of 2021''. SEC. 2. COMPLETION OF BACKGROUND CHECKS. Section 922(t)(1)(B) of title 18, United States Code, is amended-- (1) by striking ``(i)''; (2) by striking ``; or'' and inserting ``; and''; and (3) by striking clause (ii). <all>

To prohibit firearms dealers from selling a firearm prior to the completion of a background check. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Background Check Completion Act of 2021''. SEC. 2. COMPLETION OF BACKGROUND CHECKS. Section 922(t)(1)(B) of title 18, United States Code, is amended-- (1) by striking ``(i)''; (2) by striking ``; or'' and inserting ``; and''; and (3) by striking clause (ii). <all>

To prohibit firearms dealers from selling a firearm prior to the completion of a background check. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Background Check Completion Act of 2021''. SEC. 2. COMPLETION OF BACKGROUND CHECKS. Section 922(t)(1)(B) of title 18, United States Code, is amended-- (1) by striking ``(i)''; (2) by striking ``; or'' and inserting ``; and''; and (3) by striking clause (ii). <all>

To prohibit firearms dealers from selling a firearm prior to the completion of a background check. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Background Check Completion Act of 2021''. SEC. 2. COMPLETION OF BACKGROUND CHECKS. Section 922(t)(1)(B) of title 18, United States Code, is amended-- (1) by striking ``(i)''; (2) by striking ``; or'' and inserting ``; and''; and (3) by striking clause (ii). <all>

S.2258

Public Lands and Natural Resources

Parks, Jobs, and Equity Act This bill directs the Department of the Interior to establish the Parks, Jobs, and Equity Program to support park development and delivery of recreation services, and in so doing, help create or preserve jobs, and provide economic stimulus in communities impacted by the COVID-19 (e.g., coronavirus disease 2019) pandemic. A grant recipient may use a grant awarded under this bill for

To direct the Secretary of the Interior to establish a Parks, Jobs, and Equity Program to support job creation, economic revitalization, and park development for communities impacted by COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Parks, Jobs, and Equity Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means-- (A) a city or town of a State or territory of the United States, or an Indian Tribe, that-- (i) represents or otherwise serves a qualifying urban area; or (ii) has a population of 30,000 or more in the most recent census; (B) a special purpose district serving-- (i) a qualifying urban area; or (ii) a city or town with a population of 30,000 or more in the most recent census and managing open space for public recreation; and (C) the District of Columbia. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Low-income community.--The term ``low-income community'' means any census block group in which 51 percent or more households have an annual income equal at or below 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. (4) Parks, jobs and equity program.--The term ``Parks, Jobs, and Equity Program'' means the program established under section 3(a). (5) Poverty level.--The term ``poverty level'' means the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget. (6) Qualifying urban area.--The term ``qualifying urban area'' means an area identified by the Census Bureau as an area with a population of 30,000 or more in the most recent census. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. GRANTS AUTHORIZED. (a) In General.--The Secretary shall establish the Parks, Jobs, and Equity Program to support park development and delivery of recreation services, and in so doing, help create or preserve jobs, and provide economic stimulus in communities impacted by COVID-19. (b) Funding.--The Secretary, acting through the Parks, Jobs, and Equity Program, shall provide funding to States, territories, the District of Columbia, and Indian Tribes according to the following formula: (1) 49 percent divided equally among the States. For the purposes of this paragraph, the District of Columbia and the territories of the United States shall collectively be treated as a single State and shall receive shares of apportionment in proportion to qualifying urban areas. (2) 49 percent divided proportionally among States based on each State's share of urban population, as defined by the Census Bureau, to the total urban population of the United States, based on the most recent census. (3) 2 percent for competitive grants to be awarded by the Secretary to Indian Tribes that qualify as an eligible entity. SEC. 4. ALLOCATION. (a) Amounts to States, Territories, and the District of Columbia.-- The Governor of a State or territory (or a designated liaison officer) or the Mayor of the District of Columbia shall distribute funds provided to the State, territory, or District of Columbia under this Act as follows: (1) Not less than 50 percent of funds shall be provided to eligible entities for eligible uses that benefit a low-income community. (2) Funds to eligible entities shall be not less than $50,000 and not more than $1,000,000. (3) Not more than 2.5 percent of funds may be used for administrative expenses of the State, territory, or the District of Columbia. (4) Not more than 10 percent of funds provided to an eligible entity may be used for administrative expenses. (b) Amounts to Indian Tribes.-- (1) Amount.--Grant amounts under this Act to an eligible Indian Tribe shall be not less than $50,000 and not more than $1,000,000. (2) Administrative expenses.--An Indian Tribe may not retain more than 10 percent of each grant received under this Act for administrative expenses. (c) Timing.-- (1) Distribution of funds.--The Secretary shall distribute funds made available to carry out this Act not more than 45 days after such funds are made available to the Secretary. (2) Application procedures.--The Governors or Executive Officers of States and territories and the governing body of each Indian Tribe shall-- (A) devise accelerated application procedures by which eligible entities may apply for funds under this Act; (B) inform eligible entities and low-income communities about the opportunity to apply for funds under this Act, the application procedures by which eligible entities may apply for funds, and the eligible uses for funding; (C) distribute funds to eligible entities not later than 180 days after distribution from the Secretary; and (D) direct each eligible entity that receives funds under this Act to spend such funds not later than 2 years after the funds are made available to that eligible entity. (3) Extension.--Governors and Executive Officers of a State or territory and the governing body of an Indian Tribe may grant extensions of the deadlines in this subsection for not more than 180 additional days for good cause shown. SEC. 5. ELIGIBLE USES. (a) In General.--A grant recipient may use a grant awarded under this Act-- (1) to acquire land or water that will be used to provide outdoor recreation opportunities to the public; (2) to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public; (3) to improve delivery of recreation services to the public (including supporting park personnel, training, recreation programming, and purchase of recreation equipment and supplies); and (4) to develop native event sites and cultural gathering spaces. (b) Priorities.--Priority shall be given to projects that-- (1) create or significantly enhance park and recreational opportunities for a community in a qualifying urban area that lacks parks and/or outdoor recreation areas within one-half mile or a 10-minute walk; (2) improve outdoor recreation opportunities for high-need populations based on income, age, or other measures of vulnerability and need; (3) provide opportunities for employment or job training either in park construction or rehabilitation or delivery of recreation services; (4) engage and empower underserved communities and youth; and (5) take advantage of coordination among various levels of government. (c) Limitations on Use.--A grant recipient may not use grant funds for-- (1) maintenance activities; (2) facilities that support semiprofessional or professional athletics; (3) indoor facilities such as recreation centers or facilities that support primarily nonoutdoor purposes; (4) activities that are not in accordance with Comprehensive State Plans under section 200305 of title 54, United States Code; or (5) acquisition of land or interests in land that restrict access to specific persons. SEC. 6. REPORTING. (a) Requirement.--Each year that a State or Territory that receives a grant under this Act shall submit to the Secretary performance and financial reports that-- (1) summarize the status of and activities conducted under each subgrant during the report period; and (2) provide a description of each subgrant project's accomplishments and impact during the report period, such as new park access opportunities, new recreation opportunities (facilities and services), jobs created, and other community benefits. (b) Availability to Congress.--The Secretary shall make such reports submitted under subsection (a) available to the House Committee on Natural Resources and Senate Committee on Energy and Natural Resources. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the purposes of this Act, $500,000,000, to remain available until expended. <all>

Parks, Jobs, and Equity Act

A bill to direct the Secretary of the Interior to establish a Parks, Jobs, and Equity Program to support job creation, economic revitalization and park development for communities impacted by COVD-19.

Parks, Jobs, and Equity Act

Sen. Hickenlooper, John W.

D

CO

This bill directs the Department of the Interior to establish the Parks, Jobs, and Equity Program to support park development and delivery of recreation services, and in so doing, help create or preserve jobs, and provide economic stimulus in communities impacted by the COVID-19 (e.g., coronavirus disease 2019) pandemic. A grant recipient may use a grant awarded under this bill for

To direct the Secretary of the Interior to establish a Parks, Jobs, and Equity Program to support job creation, economic revitalization, and park development for communities impacted by COVID-19. SHORT TITLE. This Act may be cited as the ``Parks, Jobs, and Equity Act''. 2. DEFINITIONS. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (5) Poverty level.--The term ``poverty level'' means the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget. (6) Qualifying urban area.--The term ``qualifying urban area'' means an area identified by the Census Bureau as an area with a population of 30,000 or more in the most recent census. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 3. GRANTS AUTHORIZED. (2) 49 percent divided proportionally among States based on each State's share of urban population, as defined by the Census Bureau, to the total urban population of the United States, based on the most recent census. 4. ALLOCATION. (a) Amounts to States, Territories, and the District of Columbia.-- The Governor of a State or territory (or a designated liaison officer) or the Mayor of the District of Columbia shall distribute funds provided to the State, territory, or District of Columbia under this Act as follows: (1) Not less than 50 percent of funds shall be provided to eligible entities for eligible uses that benefit a low-income community. (2) Funds to eligible entities shall be not less than $50,000 and not more than $1,000,000. (2) Administrative expenses.--An Indian Tribe may not retain more than 10 percent of each grant received under this Act for administrative expenses. (3) Extension.--Governors and Executive Officers of a State or territory and the governing body of an Indian Tribe may grant extensions of the deadlines in this subsection for not more than 180 additional days for good cause shown. 5. (a) In General.--A grant recipient may use a grant awarded under this Act-- (1) to acquire land or water that will be used to provide outdoor recreation opportunities to the public; (2) to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public; (3) to improve delivery of recreation services to the public (including supporting park personnel, training, recreation programming, and purchase of recreation equipment and supplies); and (4) to develop native event sites and cultural gathering spaces. REPORTING. (b) Availability to Congress.--The Secretary shall make such reports submitted under subsection (a) available to the House Committee on Natural Resources and Senate Committee on Energy and Natural Resources. SEC. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. This Act may be cited as the ``Parks, Jobs, and Equity Act''. 2. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (6) Qualifying urban area.--The term ``qualifying urban area'' means an area identified by the Census Bureau as an area with a population of 30,000 or more in the most recent census. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 3. GRANTS AUTHORIZED. (2) 49 percent divided proportionally among States based on each State's share of urban population, as defined by the Census Bureau, to the total urban population of the United States, based on the most recent census. 4. (a) Amounts to States, Territories, and the District of Columbia.-- The Governor of a State or territory (or a designated liaison officer) or the Mayor of the District of Columbia shall distribute funds provided to the State, territory, or District of Columbia under this Act as follows: (1) Not less than 50 percent of funds shall be provided to eligible entities for eligible uses that benefit a low-income community. (2) Funds to eligible entities shall be not less than $50,000 and not more than $1,000,000. (2) Administrative expenses.--An Indian Tribe may not retain more than 10 percent of each grant received under this Act for administrative expenses. 5. (a) In General.--A grant recipient may use a grant awarded under this Act-- (1) to acquire land or water that will be used to provide outdoor recreation opportunities to the public; (2) to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public; (3) to improve delivery of recreation services to the public (including supporting park personnel, training, recreation programming, and purchase of recreation equipment and supplies); and (4) to develop native event sites and cultural gathering spaces. (b) Availability to Congress.--The Secretary shall make such reports submitted under subsection (a) available to the House Committee on Natural Resources and Senate Committee on Energy and Natural Resources. SEC.

To direct the Secretary of the Interior to establish a Parks, Jobs, and Equity Program to support job creation, economic revitalization, and park development for communities impacted by COVID-19. SHORT TITLE. This Act may be cited as the ``Parks, Jobs, and Equity Act''. 2. DEFINITIONS. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (5) Poverty level.--The term ``poverty level'' means the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget. (6) Qualifying urban area.--The term ``qualifying urban area'' means an area identified by the Census Bureau as an area with a population of 30,000 or more in the most recent census. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 3. GRANTS AUTHORIZED. (2) 49 percent divided proportionally among States based on each State's share of urban population, as defined by the Census Bureau, to the total urban population of the United States, based on the most recent census. 4. ALLOCATION. (a) Amounts to States, Territories, and the District of Columbia.-- The Governor of a State or territory (or a designated liaison officer) or the Mayor of the District of Columbia shall distribute funds provided to the State, territory, or District of Columbia under this Act as follows: (1) Not less than 50 percent of funds shall be provided to eligible entities for eligible uses that benefit a low-income community. (2) Funds to eligible entities shall be not less than $50,000 and not more than $1,000,000. (2) Administrative expenses.--An Indian Tribe may not retain more than 10 percent of each grant received under this Act for administrative expenses. (2) Application procedures.--The Governors or Executive Officers of States and territories and the governing body of each Indian Tribe shall-- (A) devise accelerated application procedures by which eligible entities may apply for funds under this Act; (B) inform eligible entities and low-income communities about the opportunity to apply for funds under this Act, the application procedures by which eligible entities may apply for funds, and the eligible uses for funding; (C) distribute funds to eligible entities not later than 180 days after distribution from the Secretary; and (D) direct each eligible entity that receives funds under this Act to spend such funds not later than 2 years after the funds are made available to that eligible entity. (3) Extension.--Governors and Executive Officers of a State or territory and the governing body of an Indian Tribe may grant extensions of the deadlines in this subsection for not more than 180 additional days for good cause shown. 5. (a) In General.--A grant recipient may use a grant awarded under this Act-- (1) to acquire land or water that will be used to provide outdoor recreation opportunities to the public; (2) to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public; (3) to improve delivery of recreation services to the public (including supporting park personnel, training, recreation programming, and purchase of recreation equipment and supplies); and (4) to develop native event sites and cultural gathering spaces. REPORTING. (a) Requirement.--Each year that a State or Territory that receives a grant under this Act shall submit to the Secretary performance and financial reports that-- (1) summarize the status of and activities conducted under each subgrant during the report period; and (2) provide a description of each subgrant project's accomplishments and impact during the report period, such as new park access opportunities, new recreation opportunities (facilities and services), jobs created, and other community benefits. (b) Availability to Congress.--The Secretary shall make such reports submitted under subsection (a) available to the House Committee on Natural Resources and Senate Committee on Energy and Natural Resources. SEC. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the purposes of this Act, $500,000,000, to remain available until expended.

To direct the Secretary of the Interior to establish a Parks, Jobs, and Equity Program to support job creation, economic revitalization, and park development for communities impacted by COVID-19. SHORT TITLE. This Act may be cited as the ``Parks, Jobs, and Equity Act''. 2. DEFINITIONS. (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (3) Low-income community.--The term ``low-income community'' means any census block group in which 51 percent or more households have an annual income equal at or below 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. (5) Poverty level.--The term ``poverty level'' means the income poverty guidelines for the nonfarm population of the United States, as prescribed by the Office of Management and Budget. (6) Qualifying urban area.--The term ``qualifying urban area'' means an area identified by the Census Bureau as an area with a population of 30,000 or more in the most recent census. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. 3. GRANTS AUTHORIZED. (2) 49 percent divided proportionally among States based on each State's share of urban population, as defined by the Census Bureau, to the total urban population of the United States, based on the most recent census. 4. ALLOCATION. (a) Amounts to States, Territories, and the District of Columbia.-- The Governor of a State or territory (or a designated liaison officer) or the Mayor of the District of Columbia shall distribute funds provided to the State, territory, or District of Columbia under this Act as follows: (1) Not less than 50 percent of funds shall be provided to eligible entities for eligible uses that benefit a low-income community. (2) Funds to eligible entities shall be not less than $50,000 and not more than $1,000,000. (2) Administrative expenses.--An Indian Tribe may not retain more than 10 percent of each grant received under this Act for administrative expenses. (2) Application procedures.--The Governors or Executive Officers of States and territories and the governing body of each Indian Tribe shall-- (A) devise accelerated application procedures by which eligible entities may apply for funds under this Act; (B) inform eligible entities and low-income communities about the opportunity to apply for funds under this Act, the application procedures by which eligible entities may apply for funds, and the eligible uses for funding; (C) distribute funds to eligible entities not later than 180 days after distribution from the Secretary; and (D) direct each eligible entity that receives funds under this Act to spend such funds not later than 2 years after the funds are made available to that eligible entity. (3) Extension.--Governors and Executive Officers of a State or territory and the governing body of an Indian Tribe may grant extensions of the deadlines in this subsection for not more than 180 additional days for good cause shown. 5. (a) In General.--A grant recipient may use a grant awarded under this Act-- (1) to acquire land or water that will be used to provide outdoor recreation opportunities to the public; (2) to develop or renovate outdoor recreational facilities that provide outdoor recreation opportunities to the public; (3) to improve delivery of recreation services to the public (including supporting park personnel, training, recreation programming, and purchase of recreation equipment and supplies); and (4) to develop native event sites and cultural gathering spaces. (b) Priorities.--Priority shall be given to projects that-- (1) create or significantly enhance park and recreational opportunities for a community in a qualifying urban area that lacks parks and/or outdoor recreation areas within one-half mile or a 10-minute walk; (2) improve outdoor recreation opportunities for high-need populations based on income, age, or other measures of vulnerability and need; (3) provide opportunities for employment or job training either in park construction or rehabilitation or delivery of recreation services; (4) engage and empower underserved communities and youth; and (5) take advantage of coordination among various levels of government. (c) Limitations on Use.--A grant recipient may not use grant funds for-- (1) maintenance activities; (2) facilities that support semiprofessional or professional athletics; (3) indoor facilities such as recreation centers or facilities that support primarily nonoutdoor purposes; (4) activities that are not in accordance with Comprehensive State Plans under section 200305 of title 54, United States Code; or (5) acquisition of land or interests in land that restrict access to specific persons. REPORTING. (a) Requirement.--Each year that a State or Territory that receives a grant under this Act shall submit to the Secretary performance and financial reports that-- (1) summarize the status of and activities conducted under each subgrant during the report period; and (2) provide a description of each subgrant project's accomplishments and impact during the report period, such as new park access opportunities, new recreation opportunities (facilities and services), jobs created, and other community benefits. (b) Availability to Congress.--The Secretary shall make such reports submitted under subsection (a) available to the House Committee on Natural Resources and Senate Committee on Energy and Natural Resources. SEC. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the purposes of this Act, $500,000,000, to remain available until expended.

S.353

Crime and Law Enforcement

End Police Use of Chokeholds Act of 2021 This bill creates a new condition of eligibility for funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) program and the Community Oriented Policing Services (COPS) program. Specifically, to be eligible for grant funds under the COPS program and JAG program, a state or locality must have in effect a law that prohibits law enforcement officers from using a chokehold or carotid hold.

To incentivize banning of chokeholds and carotid holds, 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 ``End Police Use of Chokeholds Act of 2021''. SEC. 2. INCENTIVIZING BANNING OF CHOKEHOLDS AND CAROTID HOLDS. (a) Definitions.--In this section: (1) Byrne grant program.--The term ``Byrne grant program'' means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (2) Chokehold or carotid hold.--The term ``chokehold or carotid hold'' means the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual. (3) COPS grant program.--The term ``COPS grant program'' means the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381). (b) Limitation on Eligibility for Funds.--Beginning in the first fiscal year beginning after the date of enactment of this Act, a State or local jurisdiction may not receive funds under the Byrne grant program or the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or other jurisdiction does not have in effect a law that prohibits law enforcement officers in the State or other jurisdiction from using a chokehold or carotid hold. <all>

End Police Use of Chokeholds Act of 2021

A bill to incentivize banning of chokeholds and carotid holds, and for other purposes.

End Police Use of Chokeholds Act of 2021

Sen. Klobuchar, Amy

D

MN

This bill creates a new condition of eligibility for funds under the Edward Byrne Memorial Justice Assistance Grant (JAG) program and the Community Oriented Policing Services (COPS) program. Specifically, to be eligible for grant funds under the COPS program and JAG program, a state or locality must have in effect a law that prohibits law enforcement officers from using a chokehold or carotid hold.

To incentivize banning of chokeholds and carotid holds, 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 ``End Police Use of Chokeholds Act of 2021''. SEC. 2. INCENTIVIZING BANNING OF CHOKEHOLDS AND CAROTID HOLDS. (a) Definitions.--In this section: (1) Byrne grant program.--The term ``Byrne grant program'' means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (2) Chokehold or carotid hold.--The term ``chokehold or carotid hold'' means the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual. (3) COPS grant program.--The term ``COPS grant program'' means the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381). (b) Limitation on Eligibility for Funds.--Beginning in the first fiscal year beginning after the date of enactment of this Act, a State or local jurisdiction may not receive funds under the Byrne grant program or the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or other jurisdiction does not have in effect a law that prohibits law enforcement officers in the State or other jurisdiction from using a chokehold or carotid hold. <all>

To incentivize banning of chokeholds and carotid holds, 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 ``End Police Use of Chokeholds Act of 2021''. SEC. 2. INCENTIVIZING BANNING OF CHOKEHOLDS AND CAROTID HOLDS. (a) Definitions.--In this section: (1) Byrne grant program.--The term ``Byrne grant program'' means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (2) Chokehold or carotid hold.--The term ``chokehold or carotid hold'' means the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual. (3) COPS grant program.--The term ``COPS grant program'' means the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381). (b) Limitation on Eligibility for Funds.--Beginning in the first fiscal year beginning after the date of enactment of this Act, a State or local jurisdiction may not receive funds under the Byrne grant program or the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or other jurisdiction does not have in effect a law that prohibits law enforcement officers in the State or other jurisdiction from using a chokehold or carotid hold. <all>

To incentivize banning of chokeholds and carotid holds, 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 ``End Police Use of Chokeholds Act of 2021''. SEC. 2. INCENTIVIZING BANNING OF CHOKEHOLDS AND CAROTID HOLDS. (a) Definitions.--In this section: (1) Byrne grant program.--The term ``Byrne grant program'' means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (2) Chokehold or carotid hold.--The term ``chokehold or carotid hold'' means the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual. (3) COPS grant program.--The term ``COPS grant program'' means the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381). (b) Limitation on Eligibility for Funds.--Beginning in the first fiscal year beginning after the date of enactment of this Act, a State or local jurisdiction may not receive funds under the Byrne grant program or the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or other jurisdiction does not have in effect a law that prohibits law enforcement officers in the State or other jurisdiction from using a chokehold or carotid hold. <all>

To incentivize banning of chokeholds and carotid holds, 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 ``End Police Use of Chokeholds Act of 2021''. SEC. 2. INCENTIVIZING BANNING OF CHOKEHOLDS AND CAROTID HOLDS. (a) Definitions.--In this section: (1) Byrne grant program.--The term ``Byrne grant program'' means any grant program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), without regard to whether the funds are characterized as being made available under the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (2) Chokehold or carotid hold.--The term ``chokehold or carotid hold'' means the application of any pressure to the throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air of an individual. (3) COPS grant program.--The term ``COPS grant program'' means the grant program authorized under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381). (b) Limitation on Eligibility for Funds.--Beginning in the first fiscal year beginning after the date of enactment of this Act, a State or local jurisdiction may not receive funds under the Byrne grant program or the COPS grant program for a fiscal year if, on the day before the first day of the fiscal year, the State or other jurisdiction does not have in effect a law that prohibits law enforcement officers in the State or other jurisdiction from using a chokehold or carotid hold. <all>

H.R.3566

Transportation and Public Works

National and Regional Greenways Act This bill requires the Department of Transportation (DOT) to establish a grant program for states, localities, and tribes to support community greenway paths for walking, bicycling, and other motor vehicle alternatives. DOT must designate eligible greenway paths that are considered regionally or nationally significant through a national greenway paths network; paths must cross multiple localities or states, reduce congestion, improve safety, benefit the environment, support communities, or meet other specified criteria. Eligible projects must support access to public parks, transportation, and other community needs.

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, 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 and Regional Greenways Act''. SEC. 2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. (a) In General.--The Secretary shall carry out a program to make grants, on a competitive basis, to eligible organizations to improve or construct safe and connected greenway paths between communities that are designated as regionally or nationally significant by the Secretary under subsection (b). (b) Regionally or Nationally Significant Greenway Paths.--In carrying out the program under this section, the Secretary shall establish a national greenway paths network. The national greenway paths network shall contain regionally or nationally significant greenway paths designated by the Secretary that-- (1) cross multiple local jurisdictions or State lines; (2) reduce congestion and single-occupant vehicle trips, improve safety and access to jobs, and lower emissions for criteria pollutants (NOx, VOC, PM) and greenhouse gases; (3) support community goals and objectives in areas covered by metropolitan planning organizations; or (4) meet any other criteria the Secretary determines appropriate. (c) Application.-- (1) In general.--To receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (d) Application Considerations.--In making a grant for construction of a greenway path under this section, the Secretary shall consider the following: (1) Whether the proposed eligible greenway project is likely to provide substantial additional opportunities for walking and bicycling, including by-- (A) creating greenway paths connecting multiple communities, counties, metropolitan regions, or States; (B) integrating greenway paths with transit services, where available, to improve access to public transportation; and (C) integrating greenway paths with existing parks, recreation or scenic areas, adjacent waterways, or transportation corridors. (2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. (3) The extent to which the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (g)(1), unless the applicant qualifies for an exception under subsection (g)(2). (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (e) Use of Funds.-- (1) Planning and design grants.--Each fiscal year, the Secretary shall set aside not less than $3,000,000 from the funds made available to carry out this section to provide planning grants for eligible organizations to develop a local or regional greenways and paths plan. (2) Administrative costs.--Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of administration, research, technical assistance, communications, and training activities under the program. (f) Grant Timing.-- (1) Request for application.--Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. (2) Selection of grant recipients.--Not later than 150 days after funds are made available to carry out this section, the Secretary shall select grant recipients for grants under this section. (g) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project under this section shall not exceed 80 percent of the total project cost. (2) Exceptions.-- (A) Disadvantage communities.--For projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by such project, the Secretary may increase the Federal share of the cost of a project under this section to 100 percent of the total project cost. (B) Rural areas.--For projects serving rural areas, as such term is defined in section 101 of title 23, United States Code, the Federal share of the cost of a project under this section shall be 90 percent of the total project cost. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (2) Final report.--Not later than September 30, 2025, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (B) Best practices of recipients in implementing projects funded under this section. (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (j) Definitions.--In this Act: (1) Active transportation.--The term ``active transportation'' means alternative methods of transportation to motor vehicles, including walking, bicyling, or utilizing assistive mobility or micro mobility devices. (2) Greenway path.--The term ``greenway path'' means a hard-surfaced or wheelchair-accessible facility built for active transportation, including a sidewalk, bikeway, or pedestrian path that connects communities, cities, counties, metropolitan regions, or States. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (4) Eligible organization.--The term ``eligible organization'' means-- (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multi-county special district; (C) a State; (D) a multi-State group of governments; and (E) an Indian Tribe. (5) Eligible greenway project.--The term ``eligible greenway project'' means an active transportation project, or group of projects-- (A) that is designated as a regionally or nationally significant greenway path under subsection (b); (B) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; (C) that has-- (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000; (D) that construct path segments that close local or regional network gaps or are located within underserved areas; (E) that support an accessible public realm, connect to public transportation, support opportunities for economic development, or promote health and safety; and (F) that connect communities to public spaces and parks, enhance ecological connectivity, support land conservation and access, or support sites for remediation and restoration. (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable. <all>

National and Regional Greenways Act

To direct the Secretary of Transportation to carry out a program to make grants for the improvement or construction of regionally or nationally significant greenway paths, and for other purposes.

National and Regional Greenways Act

Rep. Bourdeaux, Carolyn

D

GA

This bill requires the Department of Transportation (DOT) to establish a grant program for states, localities, and tribes to support community greenway paths for walking, bicycling, and other motor vehicle alternatives. DOT must designate eligible greenway paths that are considered regionally or nationally significant through a national greenway paths network; paths must cross multiple localities or states, reduce congestion, improve safety, benefit the environment, support communities, or meet other specified criteria. Eligible projects must support access to public parks, transportation, and other community needs.

SHORT TITLE. 2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (3) The extent to which the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable.

2. NATIONAL AND REGIONAL GREENWAYS PROGRAM. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable.

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. NATIONAL AND REGIONAL GREENWAYS PROGRAM. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (3) The extent to which the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (g) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project under this section shall not exceed 80 percent of the total project cost. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (2) Greenway path.--The term ``greenway path'' means a hard-surfaced or wheelchair-accessible facility built for active transportation, including a sidewalk, bikeway, or pedestrian path that connects communities, cities, counties, metropolitan regions, or States. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5) Eligible greenway project.--The term ``eligible greenway project'' means an active transportation project, or group of projects-- (A) that is designated as a regionally or nationally significant greenway path under subsection (b); (B) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; (C) that has-- (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000; (D) that construct path segments that close local or regional network gaps or are located within underserved areas; (E) that support an accessible public realm, connect to public transportation, support opportunities for economic development, or promote health and safety; and (F) that connect communities to public spaces and parks, enhance ecological connectivity, support land conservation and access, or support sites for remediation and restoration. (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable.

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. NATIONAL AND REGIONAL GREENWAYS PROGRAM. The national greenway paths network shall contain regionally or nationally significant greenway paths designated by the Secretary that-- (1) cross multiple local jurisdictions or State lines; (2) reduce congestion and single-occupant vehicle trips, improve safety and access to jobs, and lower emissions for criteria pollutants (NOx, VOC, PM) and greenhouse gases; (3) support community goals and objectives in areas covered by metropolitan planning organizations; or (4) meet any other criteria the Secretary determines appropriate. (2) Eligible projects partially on federal land.--With respect to an application for eligible greenway projects that are located in part on Federal lands, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to be eligible for a grant under this section. (2) Whether the eligible organization proposing a project demonstrates broad community support through-- (A) prior public input in the development of a plan for the proposed project; and (B) the commitment of any project sponsors and community leaders, including elected officials in the jurisdiction in which such project is located, partner organization leaders, and private or nongovernmental organizations in the area in which such project is located, to the success and timely implementation of an eligible greenway project. (3) The extent to which the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to schools, jobs, services, transit, or recreational opportunities for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to schools, jobs and transit, accessibility to national, State, or local parks, economic competitiveness, environmental protection, and quality of life. (f) Grant Timing.-- (1) Request for application.--Not later than 30 days after funds are made available to carry out this section, the Secretary shall publish in the Federal Register a request for applications for grants under this section. (g) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of a project under this section shall not exceed 80 percent of the total project cost. (h) Reports.-- (1) Interim report.--Not later than September 30, 2023, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information.--A report submitted under this subsection shall contain the following: (A) A list of grants made under this section. (B) Best practices of recipients in implementing projects funded under this section. (C) Impediments experienced by recipients of grants under this section in planning for and delivering projects under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (j) Definitions.--In this Act: (1) Active transportation.--The term ``active transportation'' means alternative methods of transportation to motor vehicles, including walking, bicyling, or utilizing assistive mobility or micro mobility devices. (2) Greenway path.--The term ``greenway path'' means a hard-surfaced or wheelchair-accessible facility built for active transportation, including a sidewalk, bikeway, or pedestrian path that connects communities, cities, counties, metropolitan regions, or States. (3) Community.--The term ``community'' means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5) Eligible greenway project.--The term ``eligible greenway project'' means an active transportation project, or group of projects-- (A) that is designated as a regionally or nationally significant greenway path under subsection (b); (B) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; (C) that has-- (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000; (D) that construct path segments that close local or regional network gaps or are located within underserved areas; (E) that support an accessible public realm, connect to public transportation, support opportunities for economic development, or promote health and safety; and (F) that connect communities to public spaces and parks, enhance ecological connectivity, support land conservation and access, or support sites for remediation and restoration. (6) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)). (7) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (8) Total project cost.--The term ``total project cost'' means the sum total of all costs incurred in the development of a project that are approved by the Secretary as reasonable and necessary, including-- (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessment costs; (F) the cost of construction, rehabilitation, reconstruction, and equipping the project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any greenway path constructed as part of an eligible greenway project; and (J) any other cost that the Secretary determines is necessary and reasonable.

H.R.3432

Education

School Safety Drill Research Act of 2021 This bill requires the Department of Education to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to study and report on the mental health effects that may result from a lockdown drill or active shooter drill in elementary and secondary schools.

To require the Secretary of Education to enter into an agreement with the National Academies to conduct a study on the possible mental health effects of a lockdown drill or active shooter drill in elementary and secondary schools, 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 ``School Safety Drill Research Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The Pew Research Center found that 57 percent of teenage students worry about the possibility of a shooting happening at their school. (2) The National Center for Education Statistics found that 96 percent of public schools in the United States conducted lockdown drills in 2015 and 2016. (3) According to Steve Schlozman, a professor of psychiatry at Harvard Medical School, children in proximity to frightening circumstances are at risk for lasting symptoms, including ``everything from worsening academic and social progression to depression, anxiety, poor sleep, post-traumatic symptomatology and substance abuse.''. SEC. 3. STUDY AND REPORT ON MENTAL EFFECTS OF LOCKDOWN DRILL OR ACTIVE SHOOTER DRILL IN ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--The Secretary of Education shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a study on the mental health effects resulting from a lockdown drill or active shooter drill in elementary and secondary schools. (b) Elements.--The study conducted under subsection (a) shall include-- (1) an assessment of the extent to which a lockdown drill or active shooter drill results in adverse psychological effects on students, faculty, and staff of elementary and secondary schools; (2) a comparison of the mental effects of a lockdown drill or active shooter drill, including-- (A) the effects of active shooter simulations, full-scale lockdowns, and secured-perimeter lockouts; (B) the effects of announced versus unannounced drills; and (C) the effects of drills of varying frequencies; (3) an analysis of the effects of a lockdown drill or active shooter drill on-- (A) students of different ages or grade levels; and (B) students with intellectual or developmental disabilities; (4) the identification of best practices for-- (A) accommodating-- (i) students of different ages and grade levels; (ii) students and staff with a history of prior trauma; (iii) students for whom English is a second language; and (iv) students with developmental and physical disabilities; (B) training faculty and staff to recognize traumatic stress reactions; (C) the provision of mental health supports during and after a drill by a school-based mental health services provider; (D) discussing school violence with students; and (E) keeping parents and the community informed about drills, including-- (i) the type of information communicated to parents, emergency dispatchers, and the community before and after a drill; and (ii) the resources given to assist parents in talking with children about concerns or fears related to violence at school; and (5) an analysis of other studies and reports examining the effects of a lockdown drill or active shooter drill on student and staff mental health. (c) Report.--The agreement entered into under subsection (a) shall include a requirement that, not later than 18 months after the date of enactment of this Act, the National Academies shall-- (1) compile a report on the results of the study conducted under subsection (a); (2) make such report publicly available on the website of the National Academies; and (3) provide a briefing to Congress on the results of the study conducted under subsection (a). (d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this Act. (e) Definitions.--In this Act, the following definitions apply: (1) Active shooter simulation.--The term ``active shooter simulation'' means a drill in which acts mimicking an active shooter situation are simulated, including any of the following: (A) The activation of emergency alarms. (B) The presence of an active shooter or law enforcement officer, or both, inside a school. (C) The firing of a gun with blanks. (D) The sound of a gun being fired. (E) An attempt by an intruder to breach classroom doors inside a school. (F) The expectation that individuals inside the school will fight an intruder. (2) Elementary school.--The term ``elementary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Full-scale lockdown.--The term ``full-scale lockdown'' means a drill in which all doors of a school are locked, all windows of the school are covered, and students and faculty must remain silent and hidden, but in which an active shooter is not simulated. (4) Lockdown drill or active shooter drill.--The term ``lockdown drill or active shooter drill'' means a procedure in which a school practices an emergency protocol designed to protect students and faculty against assault by an armed assailant. (5) Mental health services provider.--The term ``mental health services provider'' means a State-licensed or State- certified school counselor, school psychologist, or school social worker, or a mental health professional qualified under State law to provide mental health services to children and adolescents. (6) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Secured-perimeter lockout.--The term ``secured- perimeter lockout'' means a drill in which the outside building doors of a school are locked and there is no entry or exit allowed to or from the school, but teachers continue with instruction. <all>

School Safety Drill Research Act of 2021

To require the Secretary of Education to enter into an agreement with the National Academies to conduct a study on the possible mental health effects of a lockdown drill or active shooter drill in elementary and secondary schools, and for other purposes.

School Safety Drill Research Act of 2021

Rep. Perlmutter, Ed

D

CO

This bill requires the Department of Education to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to study and report on the mental health effects that may result from a lockdown drill or active shooter drill in elementary and secondary schools.

2. Congress finds the following: (1) The Pew Research Center found that 57 percent of teenage students worry about the possibility of a shooting happening at their school. SEC. 3. STUDY AND REPORT ON MENTAL EFFECTS OF LOCKDOWN DRILL OR ACTIVE SHOOTER DRILL IN ELEMENTARY AND SECONDARY SCHOOLS. (c) Report.--The agreement entered into under subsection (a) shall include a requirement that, not later than 18 months after the date of enactment of this Act, the National Academies shall-- (1) compile a report on the results of the study conducted under subsection (a); (2) make such report publicly available on the website of the National Academies; and (3) provide a briefing to Congress on the results of the study conducted under subsection (a). (d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this Act. (C) The firing of a gun with blanks. (E) An attempt by an intruder to breach classroom doors inside a school. (5) Mental health services provider.--The term ``mental health services provider'' means a State-licensed or State- certified school counselor, school psychologist, or school social worker, or a mental health professional qualified under State law to provide mental health services to children and adolescents. (6) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Secured-perimeter lockout.--The term ``secured- perimeter lockout'' means a drill in which the outside building doors of a school are locked and there is no entry or exit allowed to or from the school, but teachers continue with instruction.

2. Congress finds the following: (1) The Pew Research Center found that 57 percent of teenage students worry about the possibility of a shooting happening at their school. SEC. 3. STUDY AND REPORT ON MENTAL EFFECTS OF LOCKDOWN DRILL OR ACTIVE SHOOTER DRILL IN ELEMENTARY AND SECONDARY SCHOOLS. (c) Report.--The agreement entered into under subsection (a) shall include a requirement that, not later than 18 months after the date of enactment of this Act, the National Academies shall-- (1) compile a report on the results of the study conducted under subsection (a); (2) make such report publicly available on the website of the National Academies; and (3) provide a briefing to Congress on the results of the study conducted under subsection (a). (d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this Act. (C) The firing of a gun with blanks. (E) An attempt by an intruder to breach classroom doors inside a school. (5) Mental health services provider.--The term ``mental health services provider'' means a State-licensed or State- certified school counselor, school psychologist, or school social worker, or a mental health professional qualified under State law to provide mental health services to children and adolescents. (6) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Secured-perimeter lockout.--The term ``secured- perimeter lockout'' means a drill in which the outside building doors of a school are locked and there is no entry or exit allowed to or from the school, but teachers continue with instruction.

To require the Secretary of Education to enter into an agreement with the National Academies to conduct a study on the possible mental health effects of a lockdown drill or active shooter drill in elementary and secondary schools, 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 ``School Safety Drill Research Act of 2021''. 2. FINDINGS. Congress finds the following: (1) The Pew Research Center found that 57 percent of teenage students worry about the possibility of a shooting happening at their school. (3) According to Steve Schlozman, a professor of psychiatry at Harvard Medical School, children in proximity to frightening circumstances are at risk for lasting symptoms, including ``everything from worsening academic and social progression to depression, anxiety, poor sleep, post-traumatic symptomatology and substance abuse.''. SEC. 3. STUDY AND REPORT ON MENTAL EFFECTS OF LOCKDOWN DRILL OR ACTIVE SHOOTER DRILL IN ELEMENTARY AND SECONDARY SCHOOLS. (b) Elements.--The study conducted under subsection (a) shall include-- (1) an assessment of the extent to which a lockdown drill or active shooter drill results in adverse psychological effects on students, faculty, and staff of elementary and secondary schools; (2) a comparison of the mental effects of a lockdown drill or active shooter drill, including-- (A) the effects of active shooter simulations, full-scale lockdowns, and secured-perimeter lockouts; (B) the effects of announced versus unannounced drills; and (C) the effects of drills of varying frequencies; (3) an analysis of the effects of a lockdown drill or active shooter drill on-- (A) students of different ages or grade levels; and (B) students with intellectual or developmental disabilities; (4) the identification of best practices for-- (A) accommodating-- (i) students of different ages and grade levels; (ii) students and staff with a history of prior trauma; (iii) students for whom English is a second language; and (iv) students with developmental and physical disabilities; (B) training faculty and staff to recognize traumatic stress reactions; (C) the provision of mental health supports during and after a drill by a school-based mental health services provider; (D) discussing school violence with students; and (E) keeping parents and the community informed about drills, including-- (i) the type of information communicated to parents, emergency dispatchers, and the community before and after a drill; and (ii) the resources given to assist parents in talking with children about concerns or fears related to violence at school; and (5) an analysis of other studies and reports examining the effects of a lockdown drill or active shooter drill on student and staff mental health. (c) Report.--The agreement entered into under subsection (a) shall include a requirement that, not later than 18 months after the date of enactment of this Act, the National Academies shall-- (1) compile a report on the results of the study conducted under subsection (a); (2) make such report publicly available on the website of the National Academies; and (3) provide a briefing to Congress on the results of the study conducted under subsection (a). (d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this Act. (e) Definitions.--In this Act, the following definitions apply: (1) Active shooter simulation.--The term ``active shooter simulation'' means a drill in which acts mimicking an active shooter situation are simulated, including any of the following: (A) The activation of emergency alarms. (C) The firing of a gun with blanks. (D) The sound of a gun being fired. (E) An attempt by an intruder to breach classroom doors inside a school. (F) The expectation that individuals inside the school will fight an intruder. (5) Mental health services provider.--The term ``mental health services provider'' means a State-licensed or State- certified school counselor, school psychologist, or school social worker, or a mental health professional qualified under State law to provide mental health services to children and adolescents. (6) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Secured-perimeter lockout.--The term ``secured- perimeter lockout'' means a drill in which the outside building doors of a school are locked and there is no entry or exit allowed to or from the school, but teachers continue with instruction.

To require the Secretary of Education to enter into an agreement with the National Academies to conduct a study on the possible mental health effects of a lockdown drill or active shooter drill in elementary and secondary schools, 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 ``School Safety Drill Research Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The Pew Research Center found that 57 percent of teenage students worry about the possibility of a shooting happening at their school. (2) The National Center for Education Statistics found that 96 percent of public schools in the United States conducted lockdown drills in 2015 and 2016. (3) According to Steve Schlozman, a professor of psychiatry at Harvard Medical School, children in proximity to frightening circumstances are at risk for lasting symptoms, including ``everything from worsening academic and social progression to depression, anxiety, poor sleep, post-traumatic symptomatology and substance abuse.''. SEC. 3. STUDY AND REPORT ON MENTAL EFFECTS OF LOCKDOWN DRILL OR ACTIVE SHOOTER DRILL IN ELEMENTARY AND SECONDARY SCHOOLS. (a) In General.--The Secretary of Education shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a study on the mental health effects resulting from a lockdown drill or active shooter drill in elementary and secondary schools. (b) Elements.--The study conducted under subsection (a) shall include-- (1) an assessment of the extent to which a lockdown drill or active shooter drill results in adverse psychological effects on students, faculty, and staff of elementary and secondary schools; (2) a comparison of the mental effects of a lockdown drill or active shooter drill, including-- (A) the effects of active shooter simulations, full-scale lockdowns, and secured-perimeter lockouts; (B) the effects of announced versus unannounced drills; and (C) the effects of drills of varying frequencies; (3) an analysis of the effects of a lockdown drill or active shooter drill on-- (A) students of different ages or grade levels; and (B) students with intellectual or developmental disabilities; (4) the identification of best practices for-- (A) accommodating-- (i) students of different ages and grade levels; (ii) students and staff with a history of prior trauma; (iii) students for whom English is a second language; and (iv) students with developmental and physical disabilities; (B) training faculty and staff to recognize traumatic stress reactions; (C) the provision of mental health supports during and after a drill by a school-based mental health services provider; (D) discussing school violence with students; and (E) keeping parents and the community informed about drills, including-- (i) the type of information communicated to parents, emergency dispatchers, and the community before and after a drill; and (ii) the resources given to assist parents in talking with children about concerns or fears related to violence at school; and (5) an analysis of other studies and reports examining the effects of a lockdown drill or active shooter drill on student and staff mental health. (c) Report.--The agreement entered into under subsection (a) shall include a requirement that, not later than 18 months after the date of enactment of this Act, the National Academies shall-- (1) compile a report on the results of the study conducted under subsection (a); (2) make such report publicly available on the website of the National Academies; and (3) provide a briefing to Congress on the results of the study conducted under subsection (a). (d) Authorization of Appropriations.--There is authorized to be appropriated $1,000,000 to carry out this Act. (e) Definitions.--In this Act, the following definitions apply: (1) Active shooter simulation.--The term ``active shooter simulation'' means a drill in which acts mimicking an active shooter situation are simulated, including any of the following: (A) The activation of emergency alarms. (B) The presence of an active shooter or law enforcement officer, or both, inside a school. (C) The firing of a gun with blanks. (D) The sound of a gun being fired. (E) An attempt by an intruder to breach classroom doors inside a school. (F) The expectation that individuals inside the school will fight an intruder. (2) Elementary school.--The term ``elementary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Full-scale lockdown.--The term ``full-scale lockdown'' means a drill in which all doors of a school are locked, all windows of the school are covered, and students and faculty must remain silent and hidden, but in which an active shooter is not simulated. (4) Lockdown drill or active shooter drill.--The term ``lockdown drill or active shooter drill'' means a procedure in which a school practices an emergency protocol designed to protect students and faculty against assault by an armed assailant. (5) Mental health services provider.--The term ``mental health services provider'' means a State-licensed or State- certified school counselor, school psychologist, or school social worker, or a mental health professional qualified under State law to provide mental health services to children and adolescents. (6) Secondary school.--The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (7) Secured-perimeter lockout.--The term ``secured- perimeter lockout'' means a drill in which the outside building doors of a school are locked and there is no entry or exit allowed to or from the school, but teachers continue with instruction. <all>

H.R.4437

Health

Helping Ensure Access to Local TeleHealth Act of 2021 or the HEALTH Act of 2021 This bill modifies requirements relating to Medicare coverage of telehealth services, including services that are furnished by federally qualified health centers (FQHCs) and rural health clinics (RHCs). Specifically, the bill expands coverage to include audio-only telehealth services. It also permanently allows FQHCs and RHCs to serve as the distant site (i.e., the location of the health care practitioner) for telehealth services and excludes such services from certain geographic restrictions. Payment must be made in the same manner as for non-telehealth services, rather than in accordance with a separate methodology determined by the Centers for Medicare & Medicaid Services.

To amend title XVIII of the Social Security Act to provide for permanent payments for telehealth services furnished by Federally qualified health centers and rural health clinics 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 ``Helping Ensure Access to Local TeleHealth Act of 2021'' or the ``HEALTH Act of 2021''. SEC. 2. PROVIDING FOR PERMANENT COST-RELATED PAYMENTS FOR TELEHEALTH SERVICES FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS UNDER THE MEDICARE PROGRAM AND PERMANENTLY REMOVING ORIGINATING SITE FACILITY AND LOCATION REQUIREMENTS FOR DISTANT SITE TELEHEALTH SERVICES FURNISHED BY SUCH CENTERS AND SUCH CLINICS. (a) Coverage of Audio-Only Telehealth Services.-- (1) In general.--Section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)) is amended by adding at the end the following new subparagraph: ``(G) Telecommunications system.--Except as provided in paragraph (1), the term `telecommunications system' means a two-way, real-time interactive communications system, whether by audiovisual or audio- only communications.''. (2) Required implementation steps.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall-- (A) revise section 410.78(a)(3) of title 42, Code of Federal Regulations (or a successor regulation) to define the term ``interactive telecommunications system'' in accordance with the amendment made by paragraph (1); and (B) revise section 405.2463 of such title (or a successor regulation) to provide that, for purposes of distant site telehealth services furnished by Federally qualified health centers and rural health clinics under section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)), a visit includes any two-way, real-time interactive communication between an individual and the distant site Federally qualified health center provider or rural health clinic, whether by audiovisual or audio-only communication. (b) Permanent Telehealth Payments.--Section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)) is amended-- (1) in the header, by striking ``during emergency period''; (2) in subparagraph (A), in the matter preceding clause (i), by striking ``During the emergency period described in section 1135(g)(1)(B)'' and inserting ``With respect to telehealth services furnished on or after the date of the beginning of the emergency period described in section 1135(g)(1)(B)''; and (3) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Payment.-- ``(i) In general.--A telehealth service furnished by a rural health clinic or a Federally qualified health center serving as a distant site to an individual shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a rural health clinic service or Federally-qualified health center service (as applicable) under section 1833(a)(3) or under the prospective payment system established under section 1834(o), respectively. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. (c) Elimination of Originating Site Requirements for Telehealth Services Furnished by FQHCs or RHCs.-- (1) In general.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), as amended by subsection (b), is further amended-- (A) in paragraph (4)(C)(i), by striking ``and (7)'' and inserting ``(7), and (8)''; and (B) in paragraph (8), by adding at the end the following new subparagraph: ``(C) Nonapplication of originating site requirements.--The geographic and site requirements described in paragraph (4)(C) shall not apply with respect to telehealth services furnished by a Federally qualified health center or a rural health clinic serving as a distant site.''. (2) Special payment rule for originating sites with respect to telehealth services furnished by an fqhc or rhc.--Section 1834(m)(2)(B) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)) is amended-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following new clause: ``(iii) Special rule for telehealth services furnished by fqhcs and rhcs.--No facility fee shall be paid under this subparagraph to an originating site with respect to telehealth services furnished by a Federally qualified health center or rural health clinic serving as a distant site unless such originating site is a site described in any of subclauses (I) through (IX) or (XI) of paragraph (4)(C)(ii).''. <all>

HEALTH Act of 2021

To amend title XVIII of the Social Security Act to provide for permanent payments for telehealth services furnished by Federally qualified health centers and rural health clinics under the Medicare program.

HEALTH Act of 2021 Helping Ensure Access to Local TeleHealth Act of 2021

Rep. Thompson, Glenn

R

PA

This bill modifies requirements relating to Medicare coverage of telehealth services, including services that are furnished by federally qualified health centers (FQHCs) and rural health clinics (RHCs). Specifically, the bill expands coverage to include audio-only telehealth services. It also permanently allows FQHCs and RHCs to serve as the distant site (i.e., the location of the health care practitioner) for telehealth services and excludes such services from certain geographic restrictions. Payment must be made in the same manner as for non-telehealth services, rather than in accordance with a separate methodology determined by the Centers for Medicare & Medicaid Services.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Access to Local TeleHealth Act of 2021'' or the ``HEALTH Act of 2021''. SEC. 2. PROVIDING FOR PERMANENT COST-RELATED PAYMENTS FOR TELEHEALTH SERVICES FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS UNDER THE MEDICARE PROGRAM AND PERMANENTLY REMOVING ORIGINATING SITE FACILITY AND LOCATION REQUIREMENTS FOR DISTANT SITE TELEHEALTH SERVICES FURNISHED BY SUCH CENTERS AND SUCH CLINICS. 1395m(m)(4)) is amended by adding at the end the following new subparagraph: ``(G) Telecommunications system.--Except as provided in paragraph (1), the term `telecommunications system' means a two-way, real-time interactive communications system, whether by audiovisual or audio- only communications.''. (2) Required implementation steps.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall-- (A) revise section 410.78(a)(3) of title 42, Code of Federal Regulations (or a successor regulation) to define the term ``interactive telecommunications system'' in accordance with the amendment made by paragraph (1); and (B) revise section 405.2463 of such title (or a successor regulation) to provide that, for purposes of distant site telehealth services furnished by Federally qualified health centers and rural health clinics under section 1834(m)(8) of the Social Security Act (42 U.S.C. (b) Permanent Telehealth Payments.--Section 1834(m)(8) of the Social Security Act (42 U.S.C. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. 1395m(m)(2)(B)) is amended-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following new clause: ``(iii) Special rule for telehealth services furnished by fqhcs and rhcs.--No facility fee shall be paid under this subparagraph to an originating site with respect to telehealth services furnished by a Federally qualified health center or rural health clinic serving as a distant site unless such originating site is a site described in any of subclauses (I) through (IX) or (XI) of paragraph (4)(C)(ii).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Ensure Access to Local TeleHealth Act of 2021'' or the ``HEALTH Act of 2021''. SEC. 2. PROVIDING FOR PERMANENT COST-RELATED PAYMENTS FOR TELEHEALTH SERVICES FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS UNDER THE MEDICARE PROGRAM AND PERMANENTLY REMOVING ORIGINATING SITE FACILITY AND LOCATION REQUIREMENTS FOR DISTANT SITE TELEHEALTH SERVICES FURNISHED BY SUCH CENTERS AND SUCH CLINICS. 1395m(m)(4)) is amended by adding at the end the following new subparagraph: ``(G) Telecommunications system.--Except as provided in paragraph (1), the term `telecommunications system' means a two-way, real-time interactive communications system, whether by audiovisual or audio- only communications.''. (b) Permanent Telehealth Payments.--Section 1834(m)(8) of the Social Security Act (42 U.S.C. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. 1395m(m)(2)(B)) is amended-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following new clause: ``(iii) Special rule for telehealth services furnished by fqhcs and rhcs.--No facility fee shall be paid under this subparagraph to an originating site with respect to telehealth services furnished by a Federally qualified health center or rural health clinic serving as a distant site unless such originating site is a site described in any of subclauses (I) through (IX) or (XI) of paragraph (4)(C)(ii).''.

To amend title XVIII of the Social Security Act to provide for permanent payments for telehealth services furnished by Federally qualified health centers and rural health clinics 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 ``Helping Ensure Access to Local TeleHealth Act of 2021'' or the ``HEALTH Act of 2021''. SEC. 2. PROVIDING FOR PERMANENT COST-RELATED PAYMENTS FOR TELEHEALTH SERVICES FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS UNDER THE MEDICARE PROGRAM AND PERMANENTLY REMOVING ORIGINATING SITE FACILITY AND LOCATION REQUIREMENTS FOR DISTANT SITE TELEHEALTH SERVICES FURNISHED BY SUCH CENTERS AND SUCH CLINICS. 1395m(m)(4)) is amended by adding at the end the following new subparagraph: ``(G) Telecommunications system.--Except as provided in paragraph (1), the term `telecommunications system' means a two-way, real-time interactive communications system, whether by audiovisual or audio- only communications.''. (2) Required implementation steps.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall-- (A) revise section 410.78(a)(3) of title 42, Code of Federal Regulations (or a successor regulation) to define the term ``interactive telecommunications system'' in accordance with the amendment made by paragraph (1); and (B) revise section 405.2463 of such title (or a successor regulation) to provide that, for purposes of distant site telehealth services furnished by Federally qualified health centers and rural health clinics under section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)), a visit includes any two-way, real-time interactive communication between an individual and the distant site Federally qualified health center provider or rural health clinic, whether by audiovisual or audio-only communication. (b) Permanent Telehealth Payments.--Section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)) is amended-- (1) in the header, by striking ``during emergency period''; (2) in subparagraph (A), in the matter preceding clause (i), by striking ``During the emergency period described in section 1135(g)(1)(B)'' and inserting ``With respect to telehealth services furnished on or after the date of the beginning of the emergency period described in section 1135(g)(1)(B)''; and (3) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Payment.-- ``(i) In general.--A telehealth service furnished by a rural health clinic or a Federally qualified health center serving as a distant site to an individual shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a rural health clinic service or Federally-qualified health center service (as applicable) under section 1833(a)(3) or under the prospective payment system established under section 1834(o), respectively. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. 1395m(m)), as amended by subsection (b), is further amended-- (A) in paragraph (4)(C)(i), by striking ``and (7)'' and inserting ``(7), and (8)''; and (B) in paragraph (8), by adding at the end the following new subparagraph: ``(C) Nonapplication of originating site requirements.--The geographic and site requirements described in paragraph (4)(C) shall not apply with respect to telehealth services furnished by a Federally qualified health center or a rural health clinic serving as a distant site.''. 1395m(m)(2)(B)) is amended-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following new clause: ``(iii) Special rule for telehealth services furnished by fqhcs and rhcs.--No facility fee shall be paid under this subparagraph to an originating site with respect to telehealth services furnished by a Federally qualified health center or rural health clinic serving as a distant site unless such originating site is a site described in any of subclauses (I) through (IX) or (XI) of paragraph (4)(C)(ii).''.

To amend title XVIII of the Social Security Act to provide for permanent payments for telehealth services furnished by Federally qualified health centers and rural health clinics 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 ``Helping Ensure Access to Local TeleHealth Act of 2021'' or the ``HEALTH Act of 2021''. SEC. 2. PROVIDING FOR PERMANENT COST-RELATED PAYMENTS FOR TELEHEALTH SERVICES FURNISHED BY FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS UNDER THE MEDICARE PROGRAM AND PERMANENTLY REMOVING ORIGINATING SITE FACILITY AND LOCATION REQUIREMENTS FOR DISTANT SITE TELEHEALTH SERVICES FURNISHED BY SUCH CENTERS AND SUCH CLINICS. (a) Coverage of Audio-Only Telehealth Services.-- (1) In general.--Section 1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)) is amended by adding at the end the following new subparagraph: ``(G) Telecommunications system.--Except as provided in paragraph (1), the term `telecommunications system' means a two-way, real-time interactive communications system, whether by audiovisual or audio- only communications.''. (2) Required implementation steps.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall-- (A) revise section 410.78(a)(3) of title 42, Code of Federal Regulations (or a successor regulation) to define the term ``interactive telecommunications system'' in accordance with the amendment made by paragraph (1); and (B) revise section 405.2463 of such title (or a successor regulation) to provide that, for purposes of distant site telehealth services furnished by Federally qualified health centers and rural health clinics under section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)), a visit includes any two-way, real-time interactive communication between an individual and the distant site Federally qualified health center provider or rural health clinic, whether by audiovisual or audio-only communication. (b) Permanent Telehealth Payments.--Section 1834(m)(8) of the Social Security Act (42 U.S.C. 1395m(m)(8)) is amended-- (1) in the header, by striking ``during emergency period''; (2) in subparagraph (A), in the matter preceding clause (i), by striking ``During the emergency period described in section 1135(g)(1)(B)'' and inserting ``With respect to telehealth services furnished on or after the date of the beginning of the emergency period described in section 1135(g)(1)(B)''; and (3) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Payment.-- ``(i) In general.--A telehealth service furnished by a rural health clinic or a Federally qualified health center serving as a distant site to an individual shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a rural health clinic service or Federally-qualified health center service (as applicable) under section 1833(a)(3) or under the prospective payment system established under section 1834(o), respectively. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. (c) Elimination of Originating Site Requirements for Telehealth Services Furnished by FQHCs or RHCs.-- (1) In general.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), as amended by subsection (b), is further amended-- (A) in paragraph (4)(C)(i), by striking ``and (7)'' and inserting ``(7), and (8)''; and (B) in paragraph (8), by adding at the end the following new subparagraph: ``(C) Nonapplication of originating site requirements.--The geographic and site requirements described in paragraph (4)(C) shall not apply with respect to telehealth services furnished by a Federally qualified health center or a rural health clinic serving as a distant site.''. (2) Special payment rule for originating sites with respect to telehealth services furnished by an fqhc or rhc.--Section 1834(m)(2)(B) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)) is amended-- (A) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (B) by adding at the end the following new clause: ``(iii) Special rule for telehealth services furnished by fqhcs and rhcs.--No facility fee shall be paid under this subparagraph to an originating site with respect to telehealth services furnished by a Federally qualified health center or rural health clinic serving as a distant site unless such originating site is a site described in any of subclauses (I) through (IX) or (XI) of paragraph (4)(C)(ii).''. <all>

H.R.631

Animals

Restoration of the U.S.-Russia Polar Bear Conservation Fund Act This bill allows the importation of polar bear parts taken legally in sport hunts in Canada.

To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of the U.S.-Russia Polar Bear Conservation Fund Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Fish and Wildlife Service estimates that the polar bear population is currently at 20,000 to 25,000 bears, up from as low as 5,000 to 10,000 bears in the 1950s and 1960s. (2) A 2002 United States Geological Survey of wildlife in the Arctic National Wildlife Refuge Coastal Plain noted that the polar bear populations ``may now be near historic highs''. (3) A permit fee for importing polar bears will invigorate the public-private funding partnership for the United States- Russian Polar Bear Conservation Fund. (4) TRAFFIC, the wildlife trade monitoring network, has stated both that ``the global population of Polar Bears is not small and the species' area of distribution is not restricted,'' and ``[t]rade does not appear to be a significant threat to the species.''. TRAFFIC also recommended that the polar bear not be uplisted to appendix 1 at the 16th Conference of the Parties of the Convention on International Trade of Endangered Species of Fauna and Flora (CITES). (5) The International Union for Conservation of Nature (IUCN)/Species Survival Commission (SSC) Polar Bear Specialist Group (PBSG), has stated that further trade restrictions on the polar bear are ``unlikely to confer a conservation benefit, and could have a negative impact on socioeconomic systems as well as domestic and international partnerships''. (6) The International Union for Conservation of Nature has found that ``hunting is a form of wildlife use that, when well- managed, may assist in furthering conservation objectives by creating the revenue and economic incentives for the management and conservation of the target species and its habitat, as well as supporting local livelihoods''. SEC. 3. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES. The Marine Mammal Protection Act of 1972 is amended-- (1) in section 101(a)(3)(B) (16 U.S.C. 1371(a)(3)(B)), by inserting ``or under section 104(c)(5) of this title'' after ``paragraph (5) of this subsection''; and (2) in section 102(b)(3) (16 U.S.C. 1372(b)(3)), by inserting before the semicolon the following: ``, except that this paragraph does not prohibit the importation of polar bear parts under a permit issued under section 104(c)(5) of this title''. <all>

Restoration of the U.S.-Russia Polar Bear Conservation Fund Act

To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada.

Restoration of the U.S.-Russia Polar Bear Conservation Fund Act

Rep. Young, Don

R

AK

This bill allows the importation of polar bear parts taken legally in sport hunts in Canada.

To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of the U.S.-Russia Polar Bear Conservation Fund Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Fish and Wildlife Service estimates that the polar bear population is currently at 20,000 to 25,000 bears, up from as low as 5,000 to 10,000 bears in the 1950s and 1960s. (2) A 2002 United States Geological Survey of wildlife in the Arctic National Wildlife Refuge Coastal Plain noted that the polar bear populations ``may now be near historic highs''. (3) A permit fee for importing polar bears will invigorate the public-private funding partnership for the United States- Russian Polar Bear Conservation Fund. (4) TRAFFIC, the wildlife trade monitoring network, has stated both that ``the global population of Polar Bears is not small and the species' area of distribution is not restricted,'' and ``[t]rade does not appear to be a significant threat to the species.''. TRAFFIC also recommended that the polar bear not be uplisted to appendix 1 at the 16th Conference of the Parties of the Convention on International Trade of Endangered Species of Fauna and Flora (CITES). (5) The International Union for Conservation of Nature (IUCN)/Species Survival Commission (SSC) Polar Bear Specialist Group (PBSG), has stated that further trade restrictions on the polar bear are ``unlikely to confer a conservation benefit, and could have a negative impact on socioeconomic systems as well as domestic and international partnerships''. (6) The International Union for Conservation of Nature has found that ``hunting is a form of wildlife use that, when well- managed, may assist in furthering conservation objectives by creating the revenue and economic incentives for the management and conservation of the target species and its habitat, as well as supporting local livelihoods''. SEC. 3. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES. The Marine Mammal Protection Act of 1972 is amended-- (1) in section 101(a)(3)(B) (16 U.S.C. 1371(a)(3)(B)), by inserting ``or under section 104(c)(5) of this title'' after ``paragraph (5) of this subsection''; and (2) in section 102(b)(3) (16 U.S.C. 1372(b)(3)), by inserting before the semicolon the following: ``, except that this paragraph does not prohibit the importation of polar bear parts under a permit issued under section 104(c)(5) of this title''. <all>

To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of the U.S.-Russia Polar Bear Conservation Fund Act''. 2. FINDINGS. The Congress finds the following: (1) The United States Fish and Wildlife Service estimates that the polar bear population is currently at 20,000 to 25,000 bears, up from as low as 5,000 to 10,000 bears in the 1950s and 1960s. (2) A 2002 United States Geological Survey of wildlife in the Arctic National Wildlife Refuge Coastal Plain noted that the polar bear populations ``may now be near historic highs''. (4) TRAFFIC, the wildlife trade monitoring network, has stated both that ``the global population of Polar Bears is not small and the species' area of distribution is not restricted,'' and ``[t]rade does not appear to be a significant threat to the species.''. TRAFFIC also recommended that the polar bear not be uplisted to appendix 1 at the 16th Conference of the Parties of the Convention on International Trade of Endangered Species of Fauna and Flora (CITES). (5) The International Union for Conservation of Nature (IUCN)/Species Survival Commission (SSC) Polar Bear Specialist Group (PBSG), has stated that further trade restrictions on the polar bear are ``unlikely to confer a conservation benefit, and could have a negative impact on socioeconomic systems as well as domestic and international partnerships''. (6) The International Union for Conservation of Nature has found that ``hunting is a form of wildlife use that, when well- managed, may assist in furthering conservation objectives by creating the revenue and economic incentives for the management and conservation of the target species and its habitat, as well as supporting local livelihoods''. SEC. 3. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES. 1371(a)(3)(B)), by inserting ``or under section 104(c)(5) of this title'' after ``paragraph (5) of this subsection''; and (2) in section 102(b)(3) (16 U.S.C.

To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of the U.S.-Russia Polar Bear Conservation Fund Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Fish and Wildlife Service estimates that the polar bear population is currently at 20,000 to 25,000 bears, up from as low as 5,000 to 10,000 bears in the 1950s and 1960s. (2) A 2002 United States Geological Survey of wildlife in the Arctic National Wildlife Refuge Coastal Plain noted that the polar bear populations ``may now be near historic highs''. (3) A permit fee for importing polar bears will invigorate the public-private funding partnership for the United States- Russian Polar Bear Conservation Fund. (4) TRAFFIC, the wildlife trade monitoring network, has stated both that ``the global population of Polar Bears is not small and the species' area of distribution is not restricted,'' and ``[t]rade does not appear to be a significant threat to the species.''. TRAFFIC also recommended that the polar bear not be uplisted to appendix 1 at the 16th Conference of the Parties of the Convention on International Trade of Endangered Species of Fauna and Flora (CITES). (5) The International Union for Conservation of Nature (IUCN)/Species Survival Commission (SSC) Polar Bear Specialist Group (PBSG), has stated that further trade restrictions on the polar bear are ``unlikely to confer a conservation benefit, and could have a negative impact on socioeconomic systems as well as domestic and international partnerships''. (6) The International Union for Conservation of Nature has found that ``hunting is a form of wildlife use that, when well- managed, may assist in furthering conservation objectives by creating the revenue and economic incentives for the management and conservation of the target species and its habitat, as well as supporting local livelihoods''. SEC. 3. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES. The Marine Mammal Protection Act of 1972 is amended-- (1) in section 101(a)(3)(B) (16 U.S.C. 1371(a)(3)(B)), by inserting ``or under section 104(c)(5) of this title'' after ``paragraph (5) of this subsection''; and (2) in section 102(b)(3) (16 U.S.C. 1372(b)(3)), by inserting before the semicolon the following: ``, except that this paragraph does not prohibit the importation of polar bear parts under a permit issued under section 104(c)(5) of this title''. <all>

To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of the U.S.-Russia Polar Bear Conservation Fund Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Fish and Wildlife Service estimates that the polar bear population is currently at 20,000 to 25,000 bears, up from as low as 5,000 to 10,000 bears in the 1950s and 1960s. (2) A 2002 United States Geological Survey of wildlife in the Arctic National Wildlife Refuge Coastal Plain noted that the polar bear populations ``may now be near historic highs''. (3) A permit fee for importing polar bears will invigorate the public-private funding partnership for the United States- Russian Polar Bear Conservation Fund. (4) TRAFFIC, the wildlife trade monitoring network, has stated both that ``the global population of Polar Bears is not small and the species' area of distribution is not restricted,'' and ``[t]rade does not appear to be a significant threat to the species.''. TRAFFIC also recommended that the polar bear not be uplisted to appendix 1 at the 16th Conference of the Parties of the Convention on International Trade of Endangered Species of Fauna and Flora (CITES). (5) The International Union for Conservation of Nature (IUCN)/Species Survival Commission (SSC) Polar Bear Specialist Group (PBSG), has stated that further trade restrictions on the polar bear are ``unlikely to confer a conservation benefit, and could have a negative impact on socioeconomic systems as well as domestic and international partnerships''. (6) The International Union for Conservation of Nature has found that ``hunting is a form of wildlife use that, when well- managed, may assist in furthering conservation objectives by creating the revenue and economic incentives for the management and conservation of the target species and its habitat, as well as supporting local livelihoods''. SEC. 3. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES. The Marine Mammal Protection Act of 1972 is amended-- (1) in section 101(a)(3)(B) (16 U.S.C. 1371(a)(3)(B)), by inserting ``or under section 104(c)(5) of this title'' after ``paragraph (5) of this subsection''; and (2) in section 102(b)(3) (16 U.S.C. 1372(b)(3)), by inserting before the semicolon the following: ``, except that this paragraph does not prohibit the importation of polar bear parts under a permit issued under section 104(c)(5) of this title''. <all>

H.R.5799

Taxation

Overseas Americans Financial Access Act This bill modifies tax reporting requirements that apply to foreign financial institutions and individuals with foreign financial assets to create exceptions for the foreign accounts of certain U.S. residents or citizens living abroad.

To amend the Internal Revenue Code of 1986 to provide an exception from certain reporting requirements with respect to the foreign accounts of individuals who live abroad. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Americans Financial Access Act''. SEC. 2. EXCEPTION TO CERTAIN REPORTING REQUIREMENTS APPLICABLE TO FOREIGN FINANCIAL INSTITUTIONS WITH RESPECT TO CERTAIN INDIVIDUALS WHO LIVE ABROAD. (a) In General.--Section 1471(d)(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Exception for certain individuals who live abroad.-- ``(i) In general.--Unless the foreign financial institution elects to not have this subparagraph apply, such term shall not include any depository account maintained by such financial institution if each holder of such account is-- ``(I) a natural person, and ``(II) a qualified individual with respect to a foreign country in which such foreign financial institution is licensed to conduct business. ``(ii) Qualified individual.--For purposes of this subparagraph, an individual is a qualified individual with respect to any foreign country if such individual would be a qualified individual under section 911(d) if the only foreign country taken into account under such section were such foreign country.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Modification of agreements.--At the request of any foreign financial institution, the Secretary of the Treasury (or the Secretary's delegate) shall, as promptly as is practicable, modify any agreement which is in effect between the Secretary and such foreign financial institution under section 1471 of the Internal Revenue Code of 1986 to take into account the amendments made by this section. SEC. 3. EXCEPTION FOR CERTAIN INDIVIDUALS WHO LIVE ABROAD TO CERTAIN REPORTING REQUIREMENTS APPLICABLE TO INDIVIDUALS WITH FOREIGN FINANCIAL ASSETS. (a) In General.--Section 6038D of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Exception for Certain Financial Accounts of Individuals Living Abroad.-- ``(1) In general.--In the case of a qualified individual with respect to any foreign country, subsection (a) shall not apply to such individual for any taxable year if such individual would not be required to provide any information under such subsection for such taxable year if the qualified foreign accounts in which such individual holds an interest were not taken into account as specified foreign financial assets for purposes of this section. ``(2) Qualified foreign account.--For purposes of this subsection, the term `qualified foreign account' means, with respect to any qualified individual, any account described in subsection (b)(1) which is maintained by a financial institution which is licensed to conduct business in the foreign country with respect to which such individual is a qualified individual. ``(3) Qualified individual.--For purposes of this subsection, an individual is a qualified individual with respect to any foreign country if such individual would be a qualified individual under section 911(d) if the only foreign country taken into account under such section were such foreign country.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Overseas Americans Financial Access Act

To amend the Internal Revenue Code of 1986 to provide an exception from certain reporting requirements with respect to the foreign accounts of individuals who live abroad.

Overseas Americans Financial Access Act

Rep. Maloney, Carolyn B.

D

NY

This bill modifies tax reporting requirements that apply to foreign financial institutions and individuals with foreign financial assets to create exceptions for the foreign accounts of certain U.S. residents or citizens living abroad.

To amend the Internal Revenue Code of 1986 to provide an exception from certain reporting requirements with respect to the foreign accounts of individuals who live abroad. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Americans Financial Access Act''. 2. EXCEPTION TO CERTAIN REPORTING REQUIREMENTS APPLICABLE TO FOREIGN FINANCIAL INSTITUTIONS WITH RESPECT TO CERTAIN INDIVIDUALS WHO LIVE ABROAD. (a) In General.--Section 1471(d)(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Exception for certain individuals who live abroad.-- ``(i) In general.--Unless the foreign financial institution elects to not have this subparagraph apply, such term shall not include any depository account maintained by such financial institution if each holder of such account is-- ``(I) a natural person, and ``(II) a qualified individual with respect to a foreign country in which such foreign financial institution is licensed to conduct business. (b) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Modification of agreements.--At the request of any foreign financial institution, the Secretary of the Treasury (or the Secretary's delegate) shall, as promptly as is practicable, modify any agreement which is in effect between the Secretary and such foreign financial institution under section 1471 of the Internal Revenue Code of 1986 to take into account the amendments made by this section. SEC. (a) In General.--Section 6038D of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Exception for Certain Financial Accounts of Individuals Living Abroad.-- ``(1) In general.--In the case of a qualified individual with respect to any foreign country, subsection (a) shall not apply to such individual for any taxable year if such individual would not be required to provide any information under such subsection for such taxable year if the qualified foreign accounts in which such individual holds an interest were not taken into account as specified foreign financial assets for purposes of this section. ``(3) Qualified individual.--For purposes of this subsection, an individual is a qualified individual with respect to any foreign country if such individual would be a qualified individual under section 911(d) if the only foreign country taken into account under such section were such foreign country.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning 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. This Act may be cited as the ``Overseas Americans Financial Access Act''. 2. EXCEPTION TO CERTAIN REPORTING REQUIREMENTS APPLICABLE TO FOREIGN FINANCIAL INSTITUTIONS WITH RESPECT TO CERTAIN INDIVIDUALS WHO LIVE ABROAD. (a) In General.--Section 1471(d)(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Exception for certain individuals who live abroad.-- ``(i) In general.--Unless the foreign financial institution elects to not have this subparagraph apply, such term shall not include any depository account maintained by such financial institution if each holder of such account is-- ``(I) a natural person, and ``(II) a qualified individual with respect to a foreign country in which such foreign financial institution is licensed to conduct business. (b) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Modification of agreements.--At the request of any foreign financial institution, the Secretary of the Treasury (or the Secretary's delegate) shall, as promptly as is practicable, modify any agreement which is in effect between the Secretary and such foreign financial institution under section 1471 of the Internal Revenue Code of 1986 to take into account the amendments made by this section. SEC. ``(3) Qualified individual.--For purposes of this subsection, an individual is a qualified individual with respect to any foreign country if such individual would be a qualified individual under section 911(d) if the only foreign country taken into account under such section were such foreign country.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to provide an exception from certain reporting requirements with respect to the foreign accounts of individuals who live abroad. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Americans Financial Access Act''. SEC. 2. EXCEPTION TO CERTAIN REPORTING REQUIREMENTS APPLICABLE TO FOREIGN FINANCIAL INSTITUTIONS WITH RESPECT TO CERTAIN INDIVIDUALS WHO LIVE ABROAD. (a) In General.--Section 1471(d)(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Exception for certain individuals who live abroad.-- ``(i) In general.--Unless the foreign financial institution elects to not have this subparagraph apply, such term shall not include any depository account maintained by such financial institution if each holder of such account is-- ``(I) a natural person, and ``(II) a qualified individual with respect to a foreign country in which such foreign financial institution is licensed to conduct business. ``(ii) Qualified individual.--For purposes of this subparagraph, an individual is a qualified individual with respect to any foreign country if such individual would be a qualified individual under section 911(d) if the only foreign country taken into account under such section were such foreign country.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Modification of agreements.--At the request of any foreign financial institution, the Secretary of the Treasury (or the Secretary's delegate) shall, as promptly as is practicable, modify any agreement which is in effect between the Secretary and such foreign financial institution under section 1471 of the Internal Revenue Code of 1986 to take into account the amendments made by this section. SEC. 3. EXCEPTION FOR CERTAIN INDIVIDUALS WHO LIVE ABROAD TO CERTAIN REPORTING REQUIREMENTS APPLICABLE TO INDIVIDUALS WITH FOREIGN FINANCIAL ASSETS. (a) In General.--Section 6038D of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Exception for Certain Financial Accounts of Individuals Living Abroad.-- ``(1) In general.--In the case of a qualified individual with respect to any foreign country, subsection (a) shall not apply to such individual for any taxable year if such individual would not be required to provide any information under such subsection for such taxable year if the qualified foreign accounts in which such individual holds an interest were not taken into account as specified foreign financial assets for purposes of this section. ``(2) Qualified foreign account.--For purposes of this subsection, the term `qualified foreign account' means, with respect to any qualified individual, any account described in subsection (b)(1) which is maintained by a financial institution which is licensed to conduct business in the foreign country with respect to which such individual is a qualified individual. ``(3) Qualified individual.--For purposes of this subsection, an individual is a qualified individual with respect to any foreign country if such individual would be a qualified individual under section 911(d) if the only foreign country taken into account under such section were such foreign country.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to provide an exception from certain reporting requirements with respect to the foreign accounts of individuals who live abroad. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Americans Financial Access Act''. SEC. 2. EXCEPTION TO CERTAIN REPORTING REQUIREMENTS APPLICABLE TO FOREIGN FINANCIAL INSTITUTIONS WITH RESPECT TO CERTAIN INDIVIDUALS WHO LIVE ABROAD. (a) In General.--Section 1471(d)(1) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Exception for certain individuals who live abroad.-- ``(i) In general.--Unless the foreign financial institution elects to not have this subparagraph apply, such term shall not include any depository account maintained by such financial institution if each holder of such account is-- ``(I) a natural person, and ``(II) a qualified individual with respect to a foreign country in which such foreign financial institution is licensed to conduct business. ``(ii) Qualified individual.--For purposes of this subparagraph, an individual is a qualified individual with respect to any foreign country if such individual would be a qualified individual under section 911(d) if the only foreign country taken into account under such section were such foreign country.''. (b) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Modification of agreements.--At the request of any foreign financial institution, the Secretary of the Treasury (or the Secretary's delegate) shall, as promptly as is practicable, modify any agreement which is in effect between the Secretary and such foreign financial institution under section 1471 of the Internal Revenue Code of 1986 to take into account the amendments made by this section. SEC. 3. EXCEPTION FOR CERTAIN INDIVIDUALS WHO LIVE ABROAD TO CERTAIN REPORTING REQUIREMENTS APPLICABLE TO INDIVIDUALS WITH FOREIGN FINANCIAL ASSETS. (a) In General.--Section 6038D of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Exception for Certain Financial Accounts of Individuals Living Abroad.-- ``(1) In general.--In the case of a qualified individual with respect to any foreign country, subsection (a) shall not apply to such individual for any taxable year if such individual would not be required to provide any information under such subsection for such taxable year if the qualified foreign accounts in which such individual holds an interest were not taken into account as specified foreign financial assets for purposes of this section. ``(2) Qualified foreign account.--For purposes of this subsection, the term `qualified foreign account' means, with respect to any qualified individual, any account described in subsection (b)(1) which is maintained by a financial institution which is licensed to conduct business in the foreign country with respect to which such individual is a qualified individual. ``(3) Qualified individual.--For purposes of this subsection, an individual is a qualified individual with respect to any foreign country if such individual would be a qualified individual under section 911(d) if the only foreign country taken into account under such section were such foreign country.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

H.R.8366

Public Lands and Natural Resources

Land Restoration and Resiliency Act of 2022 This bill directs the U.S. Fish and Wildlife Service to enter into cooperative agreements with the National Fish and Wildlife Foundation to establish the Community Resilience and Restoration Fund at the foundation, for purposes including to The bill defines restoration and resilience lands as fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian tribes, including grasslands, shrublands, prairies, chaparral lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems. To the extent amounts are available in the fund, the foundation shall award grants to eligible entities (e.g., a federal agency, a unit of local government, an Indian tribe, or a nonprofit organization) through a competitive grant process to carry out eligible projects and activities.

To require the Director of the United States Fish and Wildlife Service to enter into an agreement with the National Fish and Wildlife Foundation to establish the Community Resilience and Restoration Fund. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Land Restoration and Resiliency Act of 2022''. SEC. 2. ESTABLISHMENT OF COMMUNITY RESILIENCE AND RESTORATION FUND. (a) Establishment.--Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to-- (1) improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands; (2) to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate; (3) to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change; (4) to protect and enhance the biodiversity of wildlife populations across restoration and resilience lands; (5) to support the health of restoration and resilience lands for the benefit of present and future generations; (6) to foster innovative, nature-based solutions that help meet the goals of this section; and (7) to enhance the Nation's natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable. (b) Management of the Fund.--The Foundation shall manage the Fund-- (1) pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.); and (2) in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established-- (A) ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and (B) avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under-- (i) the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or (ii) other coastal management focused programs. (c) Competitive Grants.-- (1) In general.--To the extent amounts are available in the Fund, the Foundation shall award grants to eligible entities through a competitive grant process in accordance with procedures established pursuant to the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.) to carry out eligible projects and activities, including planning eligible projects and activities. (2) Proposals.--The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section. (d) Use of Amounts in the Fund.-- (1) Planning.--Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building. (2) Administrative costs.--Not more than 4 percent of amounts appropriated annually to the Fund may be used by the Foundation for administrative expenses of the Fund or administration of competitive grants offered under the Fund. (3) Priority.--Not less than $10,000,000 shall be awarded annually to support eligible projects and activities for Indian Tribes. (4) Coordination.--The Secretary and Foundation shall ensure, to the greatest extent practicable and through meaningful consultation, that input from Indian Tribes, including traditional ecological knowledge, is incorporated in the planning and execution of eligible projects and activities. (e) Reports.-- (1) Annual reports.--Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including-- (A) an accounting of expenditures made under the Fund, including leverage and match where applicable; (B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and (C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience. (2) 5-year reports.--Not later than 90 days after the end of the fifth full fiscal year after the date of enactment of this section, and not later than 90 days after the end every fifth fiscal year thereafter, the Foundation shall submit to the Secretary a report containing-- (A) a description of any socioeconomic, biodiversity, community resilience, or climate resilience or mitigation (including natural carbon sequestration), impacts generated by projects funded by grants awarded by the Fund, including measures and metrics illustrating these impacts; (B) a description of land health benefits derived from projects funded by grants awarded by the Fund, including an accounting of-- (i) lands treated for invasive species; (ii) lands treated for wildfire threat reduction, including those treated with controlled burning or other natural fire- management techniques; and (iii) lands restored either from wildfire or other forms or degradation, including over- grazing and sedimentation; (C) key findings for Congress, including any recommended changes to the authorization or purposes of the Fund; (D) best practices for other Federal agencies in the administration of funds intended for land and habitat restoration; (E) information on the use and outcome of funds specifically set aside for planning and capacity building pursuant to section 6; and (F) any other information that the Foundation considers relevant. (3) Submission of reports to congress.--Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Authorization of appropriations.--There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2023 through 2028 to carry out this section. (f) Definitions.--For purposes of this section: (1) The term ``eligible entity'' means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a nonprofit organization, or an accredited institution of higher education. (2) The term ``eligible projects and activities'' means projects and activities carried out by an eligible entity on public lands, tribal lands, or private land, or any combination thereof, to further the purposes for which the Fund is established, including planning and capacity building and projects and activities carried out in coordination with Federal, State, or tribal departments or agencies, or any department or agency of a subdivision of a State. (3) The term ``Foundation'' means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701 et seq.). (4) The term ``Fund'' means the Community Resilience and Restoration Fund established under subsection (a). (5) The term ``Indian Tribe'' means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation in the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). (6) The term ``restoration and resilience lands'' means fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian Tribes, including grasslands, shrublands, prairies, chapparal lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems. (7) The term ``public lands'' means lands owned or controlled by the United States. (8) The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (9) The term ``State'' means a State of the United States, the District of Columbia, any Indian Tribe, and any commonwealth, territory, or possession of the United States. <all>

Land Restoration and Resiliency Act of 2022

To require the Director of the United States Fish and Wildlife Service to enter into an agreement with the National Fish and Wildlife Foundation to establish the Community Resilience and Restoration Fund.

Land Restoration and Resiliency Act of 2022

Rep. Neguse, Joe

D

CO

This bill directs the U.S. Fish and Wildlife Service to enter into cooperative agreements with the National Fish and Wildlife Foundation to establish the Community Resilience and Restoration Fund at the foundation, for purposes including to The bill defines restoration and resilience lands as fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian tribes, including grasslands, shrublands, prairies, chaparral lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems. To the extent amounts are available in the fund, the foundation shall award grants to eligible entities (e.g., a federal agency, a unit of local government, an Indian tribe, or a nonprofit organization) through a competitive grant process to carry out eligible projects and activities.

2. ESTABLISHMENT OF COMMUNITY RESILIENCE AND RESTORATION FUND. 3701 et seq. 7501); or (ii) other coastal management focused programs. to carry out eligible projects and activities, including planning eligible projects and activities. (2) Proposals.--The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section. (d) Use of Amounts in the Fund.-- (1) Planning.--Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building. (3) Priority.--Not less than $10,000,000 shall be awarded annually to support eligible projects and activities for Indian Tribes. (e) Reports.-- (1) Annual reports.--Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including-- (A) an accounting of expenditures made under the Fund, including leverage and match where applicable; (B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and (C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience. (3) Submission of reports to congress.--Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. (3) The term ``Foundation'' means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. (7) The term ``public lands'' means lands owned or controlled by the United States.

2. ESTABLISHMENT OF COMMUNITY RESILIENCE AND RESTORATION FUND. 3701 et seq. 7501); or (ii) other coastal management focused programs. to carry out eligible projects and activities, including planning eligible projects and activities. (2) Proposals.--The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section. (d) Use of Amounts in the Fund.-- (1) Planning.--Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building. (3) Priority.--Not less than $10,000,000 shall be awarded annually to support eligible projects and activities for Indian Tribes. (e) Reports.-- (1) Annual reports.--Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including-- (A) an accounting of expenditures made under the Fund, including leverage and match where applicable; (B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and (C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience. (3) Submission of reports to congress.--Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. (3) The term ``Foundation'' means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. (7) The term ``public lands'' means lands owned or controlled by the United States.

SHORT TITLE. SEC. 2. ESTABLISHMENT OF COMMUNITY RESILIENCE AND RESTORATION FUND. (a) Establishment.--Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to-- (1) improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands; (2) to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate; (3) to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change; (4) to protect and enhance the biodiversity of wildlife populations across restoration and resilience lands; (5) to support the health of restoration and resilience lands for the benefit of present and future generations; (6) to foster innovative, nature-based solutions that help meet the goals of this section; and (7) to enhance the Nation's natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable. 3701 et seq. ); and (2) in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established-- (A) ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and (B) avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under-- (i) the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or (ii) other coastal management focused programs. to carry out eligible projects and activities, including planning eligible projects and activities. (2) Proposals.--The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section. (d) Use of Amounts in the Fund.-- (1) Planning.--Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building. (3) Priority.--Not less than $10,000,000 shall be awarded annually to support eligible projects and activities for Indian Tribes. (e) Reports.-- (1) Annual reports.--Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including-- (A) an accounting of expenditures made under the Fund, including leverage and match where applicable; (B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and (C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience. (3) Submission of reports to congress.--Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. (f) Definitions.--For purposes of this section: (1) The term ``eligible entity'' means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a nonprofit organization, or an accredited institution of higher education. (3) The term ``Foundation'' means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. (5) The term ``Indian Tribe'' means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation in the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). (7) The term ``public lands'' means lands owned or controlled by the United States.

SHORT TITLE. SEC. 2. ESTABLISHMENT OF COMMUNITY RESILIENCE AND RESTORATION FUND. (a) Establishment.--Not later than 180 days after the date of enactment of this section, the Secretary shall enter into a cooperative agreement with the Foundation to establish the Community Resilience and Restoration Fund at the Foundation to-- (1) improve community safety in the face of climactic extremes through conservation and protection of restoration and resilience lands; (2) to protect, conserve, and restore restoration and resilience lands in order to help communities respond and adapt to natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate; (3) to build the resilience of restoration and resilience lands to adapt to, recover from, and withstand natural threats, including wildfire, drought, extreme heat, and other threats posed or exacerbated by the impacts of global climate change; (4) to protect and enhance the biodiversity of wildlife populations across restoration and resilience lands; (5) to support the health of restoration and resilience lands for the benefit of present and future generations; (6) to foster innovative, nature-based solutions that help meet the goals of this section; and (7) to enhance the Nation's natural carbon sequestration capabilities and help communities strengthen natural carbon sequestration capacity where applicable. 3701 et seq. ); and (2) in such a manner that, to the greatest extent practicable and consistent with the purposes for which the Fund is established-- (A) ensures that amounts made available through the Fund are accessible to historically underserved communities, including Tribal communities, communities of color, and rural communities; and (B) avoids project selection and funding overlap with those projects and activities that could otherwise receive funding under-- (i) the National Oceans and Coastal Security Fund, established under the National Oceans and Coastal Security Act (16 U.S.C. 7501); or (ii) other coastal management focused programs. to carry out eligible projects and activities, including planning eligible projects and activities. (2) Proposals.--The Foundation, in coordination with the Secretary, shall establish requirements for proposals for competitive grants under this section. (d) Use of Amounts in the Fund.-- (1) Planning.--Not less than 8 percent of amounts appropriated annually to the Fund may be used to plan eligible projects and activities, including capacity building. (2) Administrative costs.--Not more than 4 percent of amounts appropriated annually to the Fund may be used by the Foundation for administrative expenses of the Fund or administration of competitive grants offered under the Fund. (3) Priority.--Not less than $10,000,000 shall be awarded annually to support eligible projects and activities for Indian Tribes. (e) Reports.-- (1) Annual reports.--Beginning at the end the first full fiscal year after the date of enactment of this section, and not later than 60 days after the end of each fiscal year in which amounts are deposited into the Fund, the Foundation shall submit to the Secretary a report on the operation of the Fund including-- (A) an accounting of expenditures made under the Fund, including leverage and match where applicable; (B) an accounting of any grants made under the Fund, including a list of recipients and a brief description of each project and its purposes and goals; and (C) measures and metrics to track benefits created by grants administered under the Fund, including enhanced biodiversity, water quality, natural carbon sequestration, and resilience. (3) Submission of reports to congress.--Not later than 10 days after receiving a report under this section, the Secretary shall submit the report to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Authorization of appropriations.--There is hereby authorized to be appropriated to the Fund $100,000,000 for each of fiscal years 2023 through 2028 to carry out this section. (f) Definitions.--For purposes of this section: (1) The term ``eligible entity'' means a Federal agency, State, the District of Columbia, a territory of the United States, a unit of local government, an Indian Tribe, a nonprofit organization, or an accredited institution of higher education. (3) The term ``Foundation'' means the National Fish and Wildlife Foundation established under the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. (5) The term ``Indian Tribe'' means the governing body of any individually identified and federally recognized Indian or Alaska Native Tribe, band, nation, pueblo, village, community, affiliated Tribal group, or component reservation in the list published pursuant to section 104(a) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131(a)). (6) The term ``restoration and resilience lands'' means fish, wildlife, and plant habitats, and other important natural areas in the United States, on public lands, private land (after obtaining proper consent from the landowner), or land of Indian Tribes, including grasslands, shrublands, prairies, chapparal lands, forest lands, deserts, and riparian or wetland areas within or adjacent to these ecosystems. (7) The term ``public lands'' means lands owned or controlled by the United States. (8) The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.

H.R.1117

Public Lands and Natural Resources

Rosie the Riveter National Historic Site Expansion Act This bill adds to the Rosie the Riveter/World War II Home Front National Historical Park in California Nystrom Elementary School--The Maritime Building and other areas as the Department of the Interior deems appropriate. Within the boundaries of the park, Interior may acquire lands, improvements, waters, or interests therein by donation, purchase, exchange, or transfer. Any lands, or interests therein, owned by California or any political subdivision of California may be acquired only by donation.

To amend the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 to provide for additional areas to be added to the park, 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. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK ADDITIONS. (a) Short Title.--This Act may be cited as the ``Rosie the Riveter National Historic Site Expansion Act''. (b) Additions.--The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C. 410ggg et seq.) is amended as follows: (1) In section 2(b), by adding at the end the following: ``Not later than 180 days after areas are added to the park administratively or by Federal law, the Secretary shall update the map to include the added areas.''. (2) By adding at the end of section 2, the following: ``(c) Additional Areas Included.--In addition to areas included under subsection (b), the park shall include the following: ``(1) The Nystrom Elementary School-The Maritime Building, as listed on the National Register of Historic Places. ``(2) Such other areas as the Secretary deems appropriate.''. (3) By amending section 3(e)(2) to read as follows: ``(2) Other property.--Within the boundaries of the park, the Secretary may acquire lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, or interests therein, owned by the State of California or any political subdivision thereof, may be acquired only by donation. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of land acquired outside the boundaries and not used for exchange shall be reported to the General Services Administration for disposal for not less than fair market value under chapter 1 of title 40, United States Code.''. <all>

Rosie the Riveter National Historic Site Expansion Act

To amend the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 to provide for additional areas to be added to the park, and for other purposes.

Rosie the Riveter National Historic Site Expansion Act

Rep. DeSaulnier, Mark

D

CA

This bill adds to the Rosie the Riveter/World War II Home Front National Historical Park in California Nystrom Elementary School--The Maritime Building and other areas as the Department of the Interior deems appropriate. Within the boundaries of the park, Interior may acquire lands, improvements, waters, or interests therein by donation, purchase, exchange, or transfer. Any lands, or interests therein, owned by California or any political subdivision of California may be acquired only by donation.

To amend the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 to provide for additional areas to be added to the park, 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. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK ADDITIONS. (a) Short Title.--This Act may be cited as the ``Rosie the Riveter National Historic Site Expansion Act''. (b) Additions.--The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C. 410ggg et seq.) is amended as follows: (1) In section 2(b), by adding at the end the following: ``Not later than 180 days after areas are added to the park administratively or by Federal law, the Secretary shall update the map to include the added areas.''. (2) By adding at the end of section 2, the following: ``(c) Additional Areas Included.--In addition to areas included under subsection (b), the park shall include the following: ``(1) The Nystrom Elementary School-The Maritime Building, as listed on the National Register of Historic Places. ``(2) Such other areas as the Secretary deems appropriate.''. (3) By amending section 3(e)(2) to read as follows: ``(2) Other property.--Within the boundaries of the park, the Secretary may acquire lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, or interests therein, owned by the State of California or any political subdivision thereof, may be acquired only by donation. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of land acquired outside the boundaries and not used for exchange shall be reported to the General Services Administration for disposal for not less than fair market value under chapter 1 of title 40, United States Code.''. <all>

To amend the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 to provide for additional areas to be added to the park, 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. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK ADDITIONS. (a) Short Title.--This Act may be cited as the ``Rosie the Riveter National Historic Site Expansion Act''. (b) Additions.--The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C. 410ggg et seq.) is amended as follows: (1) In section 2(b), by adding at the end the following: ``Not later than 180 days after areas are added to the park administratively or by Federal law, the Secretary shall update the map to include the added areas.''. (2) By adding at the end of section 2, the following: ``(c) Additional Areas Included.--In addition to areas included under subsection (b), the park shall include the following: ``(1) The Nystrom Elementary School-The Maritime Building, as listed on the National Register of Historic Places. ``(2) Such other areas as the Secretary deems appropriate.''. (3) By amending section 3(e)(2) to read as follows: ``(2) Other property.--Within the boundaries of the park, the Secretary may acquire lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, or interests therein, owned by the State of California or any political subdivision thereof, may be acquired only by donation. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of land acquired outside the boundaries and not used for exchange shall be reported to the General Services Administration for disposal for not less than fair market value under chapter 1 of title 40, United States Code.''. <all>

To amend the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 to provide for additional areas to be added to the park, 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. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK ADDITIONS. (a) Short Title.--This Act may be cited as the ``Rosie the Riveter National Historic Site Expansion Act''. (b) Additions.--The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C. 410ggg et seq.) is amended as follows: (1) In section 2(b), by adding at the end the following: ``Not later than 180 days after areas are added to the park administratively or by Federal law, the Secretary shall update the map to include the added areas.''. (2) By adding at the end of section 2, the following: ``(c) Additional Areas Included.--In addition to areas included under subsection (b), the park shall include the following: ``(1) The Nystrom Elementary School-The Maritime Building, as listed on the National Register of Historic Places. ``(2) Such other areas as the Secretary deems appropriate.''. (3) By amending section 3(e)(2) to read as follows: ``(2) Other property.--Within the boundaries of the park, the Secretary may acquire lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, or interests therein, owned by the State of California or any political subdivision thereof, may be acquired only by donation. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of land acquired outside the boundaries and not used for exchange shall be reported to the General Services Administration for disposal for not less than fair market value under chapter 1 of title 40, United States Code.''. <all>

To amend the Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 to provide for additional areas to be added to the park, 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. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK ADDITIONS. (a) Short Title.--This Act may be cited as the ``Rosie the Riveter National Historic Site Expansion Act''. (b) Additions.--The Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000 (16 U.S.C. 410ggg et seq.) is amended as follows: (1) In section 2(b), by adding at the end the following: ``Not later than 180 days after areas are added to the park administratively or by Federal law, the Secretary shall update the map to include the added areas.''. (2) By adding at the end of section 2, the following: ``(c) Additional Areas Included.--In addition to areas included under subsection (b), the park shall include the following: ``(1) The Nystrom Elementary School-The Maritime Building, as listed on the National Register of Historic Places. ``(2) Such other areas as the Secretary deems appropriate.''. (3) By amending section 3(e)(2) to read as follows: ``(2) Other property.--Within the boundaries of the park, the Secretary may acquire lands, improvements, waters, or interests therein, by donation, purchase, exchange or transfer. Any lands, or interests therein, owned by the State of California or any political subdivision thereof, may be acquired only by donation. When any tract of land is only partly within such boundaries, the Secretary may acquire all or any portion of the land outside of such boundaries in order to minimize the payment of severance costs. Land so acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Any portion of land acquired outside the boundaries and not used for exchange shall be reported to the General Services Administration for disposal for not less than fair market value under chapter 1 of title 40, United States Code.''. <all>

H.R.5328

Education

No Corrupt Racist Training Act or the No CRT Act This bill directs the Department of Education to make grants to parents of eligible students for certain education-related expenses. Eligible student refers to a student who (1) is served by a local educational agency that, for the 2021-2022 school year, teaches or advances certain curricula or other activities related to race; and (2) is from a household with a household income that is less than 250% of the reduced-price lunch rate income. Grant funds may be used for tuition and fees for private elementary or secondary schools, private tutoring, home school expenses, or educational materials.

To direct the Secretary of Education to establish a grant program to make grants to the parents of students served by local educational agencies that teach critical race theory, 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 Corrupt Racist Training Act'' or the ``No CRT Act''. SEC. 2. OPPORTUNITY GRANT PROGRAM. (a) In General.--The Secretary shall establish a grant program (to be known as the ``Opportunity Grant Program'') to make grants to parents of eligible students for the purposes described in subsection (d). (b) Application.-- (1) In general.--To be eligible to receive a grant under this section, a parent of an eligible student shall submit to the Secretary an application demonstrating-- (A) the household income of such eligible student; and (B) with respect to school year 2021-2022, that the local educational agency serving such eligible student teaches or advances any of the following through curriculum or other activities: (i) Any race is inherently superior or inferior to any other race. (ii) The United States is a fundamentally racist country. (iii) The Declaration of Independence or the United States Constitution are fundamentally racist documents. (iv) An individual's moral worth is determined by his or her race. (v) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (vi) An individual, because of his or her race, bears responsibility for the actions committed by members of his or her race. (2) Other requirements.--The Secretary shall accept applications under paragraph (1) on an annual rolling basis and make such application available as a standardized form in electronic and written format. (c) Amount of Grants.--Subject to the availability of appropriations, each parent of an eligible student who the Secretary determines qualifies for a grant under this section shall receive a grant under this section in an amount that-- (1) in the case of an eligible student with a household income less than or equal to 100 percent of the reduced price lunch rate income, is equal to 100 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (2) in the case of an eligible student with a household income greater than 100 percent but less than or equal to 150 percent of the reduced price lunch rate income, is equal to 90 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (3) in the case of an eligible student with a household income greater than 150 percent but less than or equal to 200 percent of the reduced price lunch rate income, is equal to 80 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; and (4) in the case of an eligible student with a household income greater than 200 percent but less than or equal to 250 percent of the reduced price lunch rate income, is equal to 70 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary. (d) Use of Funds.--Any amounts made available to a parent under this section may be used-- (1) with respect to an eligible student, to pay the tuition and fees for a private elementary school or a private secondary school; (2) for private tutoring (including through a learning pod or microschool); (3) for the home school expenses of such eligible student; (4) to purchase educational materials, including instruction materials and textbooks for such eligible student; (5) for purchasing electronic devices to facilitate the education of such eligible student; or (6) for such other purposes as the Secretary determines appropriate. (e) Rules of Construction.--Nothing in this section shall be construed to-- (1) impact any aspect of private, religious, or home education providers; (2) exclude private, religious, or home education providers from receiving funds pursuant to a grant under this section; or (3) require a qualified educational service provider to alter any creed, practice, admissions policy, or curriculum in order to receive funds pursuant to a grant under this section. (f) Renewal.-- (1) In general.--The Secretary shall renew opportunity grants for parents of eligible students with an approved application under paragraph (2). (2) Application.--To be eligible to receive a renewal under this subsection, a parent of an eligible student shall submit to the Secretary an application demonstrating the information described in subsection (b)(1). (3) Adjustment.--The Secretary shall adjust the grant amount to account for any change in household income of the eligible student but may not provide less than the amount described in subsection (c)(4). (g) Funding.--From any amounts appropriated under title I of the Elementary and Secondary Education Act, the Secretary shall use 10 percent of such amounts to carry out this section and award opportunity grants to parents with approved applications in accordance with this section. (h) Definitions.--In this section: (1) Eligible student.--The term ``eligible student'' means a student-- (A) served by a local educational agency that teaches or advances any of the following through curriculum or other activities: (i) Any race is inherently superior or inferior to any other race. (ii) The United States is a fundamentally racist country. (iii) The Declaration of Independence or the United States Constitution are fundamentally racist documents. (iv) An individual's moral worth is determined by his or her race. (v) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (vi) An individual, because of his or her race, bears responsibility for the actions committed by members of his or her race. (B) From a household with a household income that is less than 250 percent of the reduced price lunch rate income. (2) ESEA terms.--The terms ``local educational agency'', ``parent'', and ``Secretary'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Household income.--The term ``household income'' has the meaning given such term in section 36B(d)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 36B(d)(2)). (4) Reduced price lunch rate income.--The term ``reduced price lunch rate income'' means 185 percent of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B) of section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)). <all>

No CRT Act

To direct the Secretary of Education to establish a grant program to make grants to the parents of students served by local educational agencies that teach critical race theory, and for other purposes.

No CRT Act No Corrupt Racist Training Act

Rep. Bishop, Dan

R

NC

This bill directs the Department of Education to make grants to parents of eligible students for certain education-related expenses. Eligible student refers to a student who (1) is served by a local educational agency that, for the 2021-2022 school year, teaches or advances certain curricula or other activities related to race; and (2) is from a household with a household income that is less than 250% of the reduced-price lunch rate income. Grant funds may be used for tuition and fees for private elementary or secondary schools, private tutoring, home school expenses, or educational materials.

SHORT TITLE. This Act may be cited as the ``No Corrupt Racist Training Act'' or the ``No CRT Act''. SEC. 2. OPPORTUNITY GRANT PROGRAM. (c) Amount of Grants.--Subject to the availability of appropriations, each parent of an eligible student who the Secretary determines qualifies for a grant under this section shall receive a grant under this section in an amount that-- (1) in the case of an eligible student with a household income less than or equal to 100 percent of the reduced price lunch rate income, is equal to 100 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (2) in the case of an eligible student with a household income greater than 100 percent but less than or equal to 150 percent of the reduced price lunch rate income, is equal to 90 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (3) in the case of an eligible student with a household income greater than 150 percent but less than or equal to 200 percent of the reduced price lunch rate income, is equal to 80 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; and (4) in the case of an eligible student with a household income greater than 200 percent but less than or equal to 250 percent of the reduced price lunch rate income, is equal to 70 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary. (e) Rules of Construction.--Nothing in this section shall be construed to-- (1) impact any aspect of private, religious, or home education providers; (2) exclude private, religious, or home education providers from receiving funds pursuant to a grant under this section; or (3) require a qualified educational service provider to alter any creed, practice, admissions policy, or curriculum in order to receive funds pursuant to a grant under this section. (2) Application.--To be eligible to receive a renewal under this subsection, a parent of an eligible student shall submit to the Secretary an application demonstrating the information described in subsection (b)(1). (ii) The United States is a fundamentally racist country. (iii) The Declaration of Independence or the United States Constitution are fundamentally racist documents. (v) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (vi) An individual, because of his or her race, bears responsibility for the actions committed by members of his or her race. (2) ESEA terms.--The terms ``local educational agency'', ``parent'', and ``Secretary'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1758(b)(1)).

This Act may be cited as the ``No Corrupt Racist Training Act'' or the ``No CRT Act''. 2. OPPORTUNITY GRANT PROGRAM. (c) Amount of Grants.--Subject to the availability of appropriations, each parent of an eligible student who the Secretary determines qualifies for a grant under this section shall receive a grant under this section in an amount that-- (1) in the case of an eligible student with a household income less than or equal to 100 percent of the reduced price lunch rate income, is equal to 100 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (2) in the case of an eligible student with a household income greater than 100 percent but less than or equal to 150 percent of the reduced price lunch rate income, is equal to 90 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (3) in the case of an eligible student with a household income greater than 150 percent but less than or equal to 200 percent of the reduced price lunch rate income, is equal to 80 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; and (4) in the case of an eligible student with a household income greater than 200 percent but less than or equal to 250 percent of the reduced price lunch rate income, is equal to 70 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary. (ii) The United States is a fundamentally racist country. (vi) An individual, because of his or her race, bears responsibility for the actions committed by members of his or her race. (2) ESEA terms.--The terms ``local educational agency'', ``parent'', and ``Secretary'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1758(b)(1)).

Be it enacted by the Senate 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 Corrupt Racist Training Act'' or the ``No CRT Act''. SEC. 2. OPPORTUNITY GRANT PROGRAM. (2) Other requirements.--The Secretary shall accept applications under paragraph (1) on an annual rolling basis and make such application available as a standardized form in electronic and written format. (c) Amount of Grants.--Subject to the availability of appropriations, each parent of an eligible student who the Secretary determines qualifies for a grant under this section shall receive a grant under this section in an amount that-- (1) in the case of an eligible student with a household income less than or equal to 100 percent of the reduced price lunch rate income, is equal to 100 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (2) in the case of an eligible student with a household income greater than 100 percent but less than or equal to 150 percent of the reduced price lunch rate income, is equal to 90 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (3) in the case of an eligible student with a household income greater than 150 percent but less than or equal to 200 percent of the reduced price lunch rate income, is equal to 80 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; and (4) in the case of an eligible student with a household income greater than 200 percent but less than or equal to 250 percent of the reduced price lunch rate income, is equal to 70 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary. (d) Use of Funds.--Any amounts made available to a parent under this section may be used-- (1) with respect to an eligible student, to pay the tuition and fees for a private elementary school or a private secondary school; (2) for private tutoring (including through a learning pod or microschool); (3) for the home school expenses of such eligible student; (4) to purchase educational materials, including instruction materials and textbooks for such eligible student; (5) for purchasing electronic devices to facilitate the education of such eligible student; or (6) for such other purposes as the Secretary determines appropriate. (e) Rules of Construction.--Nothing in this section shall be construed to-- (1) impact any aspect of private, religious, or home education providers; (2) exclude private, religious, or home education providers from receiving funds pursuant to a grant under this section; or (3) require a qualified educational service provider to alter any creed, practice, admissions policy, or curriculum in order to receive funds pursuant to a grant under this section. (2) Application.--To be eligible to receive a renewal under this subsection, a parent of an eligible student shall submit to the Secretary an application demonstrating the information described in subsection (b)(1). (h) Definitions.--In this section: (1) Eligible student.--The term ``eligible student'' means a student-- (A) served by a local educational agency that teaches or advances any of the following through curriculum or other activities: (i) Any race is inherently superior or inferior to any other race. (ii) The United States is a fundamentally racist country. (iii) The Declaration of Independence or the United States Constitution are fundamentally racist documents. (iv) An individual's moral worth is determined by his or her race. (v) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (vi) An individual, because of his or her race, bears responsibility for the actions committed by members of his or her race. (2) ESEA terms.--The terms ``local educational agency'', ``parent'', and ``Secretary'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 36B(d)(2)). 1758(b)(1)).

To direct the Secretary of Education to establish a grant program to make grants to the parents of students served by local educational agencies that teach critical race theory, 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 Corrupt Racist Training Act'' or the ``No CRT Act''. SEC. 2. OPPORTUNITY GRANT PROGRAM. (2) Other requirements.--The Secretary shall accept applications under paragraph (1) on an annual rolling basis and make such application available as a standardized form in electronic and written format. (c) Amount of Grants.--Subject to the availability of appropriations, each parent of an eligible student who the Secretary determines qualifies for a grant under this section shall receive a grant under this section in an amount that-- (1) in the case of an eligible student with a household income less than or equal to 100 percent of the reduced price lunch rate income, is equal to 100 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (2) in the case of an eligible student with a household income greater than 100 percent but less than or equal to 150 percent of the reduced price lunch rate income, is equal to 90 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; (3) in the case of an eligible student with a household income greater than 150 percent but less than or equal to 200 percent of the reduced price lunch rate income, is equal to 80 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary; and (4) in the case of an eligible student with a household income greater than 200 percent but less than or equal to 250 percent of the reduced price lunch rate income, is equal to 70 percent of the per-pupil funding with respect to the local educational agency serving such eligible student, as determined by the Secretary. (d) Use of Funds.--Any amounts made available to a parent under this section may be used-- (1) with respect to an eligible student, to pay the tuition and fees for a private elementary school or a private secondary school; (2) for private tutoring (including through a learning pod or microschool); (3) for the home school expenses of such eligible student; (4) to purchase educational materials, including instruction materials and textbooks for such eligible student; (5) for purchasing electronic devices to facilitate the education of such eligible student; or (6) for such other purposes as the Secretary determines appropriate. (e) Rules of Construction.--Nothing in this section shall be construed to-- (1) impact any aspect of private, religious, or home education providers; (2) exclude private, religious, or home education providers from receiving funds pursuant to a grant under this section; or (3) require a qualified educational service provider to alter any creed, practice, admissions policy, or curriculum in order to receive funds pursuant to a grant under this section. (f) Renewal.-- (1) In general.--The Secretary shall renew opportunity grants for parents of eligible students with an approved application under paragraph (2). (2) Application.--To be eligible to receive a renewal under this subsection, a parent of an eligible student shall submit to the Secretary an application demonstrating the information described in subsection (b)(1). (3) Adjustment.--The Secretary shall adjust the grant amount to account for any change in household income of the eligible student but may not provide less than the amount described in subsection (c)(4). (g) Funding.--From any amounts appropriated under title I of the Elementary and Secondary Education Act, the Secretary shall use 10 percent of such amounts to carry out this section and award opportunity grants to parents with approved applications in accordance with this section. (h) Definitions.--In this section: (1) Eligible student.--The term ``eligible student'' means a student-- (A) served by a local educational agency that teaches or advances any of the following through curriculum or other activities: (i) Any race is inherently superior or inferior to any other race. (ii) The United States is a fundamentally racist country. (iii) The Declaration of Independence or the United States Constitution are fundamentally racist documents. (iv) An individual's moral worth is determined by his or her race. (v) An individual, by virtue of his or her race, is inherently racist or oppressive, whether consciously or unconsciously. (vi) An individual, because of his or her race, bears responsibility for the actions committed by members of his or her race. (2) ESEA terms.--The terms ``local educational agency'', ``parent'', and ``Secretary'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Household income.--The term ``household income'' has the meaning given such term in section 36B(d)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 36B(d)(2)). (4) Reduced price lunch rate income.--The term ``reduced price lunch rate income'' means 185 percent of the applicable family size income levels contained in the nonfarm income poverty guidelines prescribed by the Office of Management and Budget, as adjusted annually in accordance with subparagraph (B) of section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)).

H.R.5551

Health

Improving the Health of Children Act This bill reauthorizes through FY2026 programs and activities of the Centers for Disease Control and Prevention for researching and preventing birth defects, developmental disabilities, and other conditions. Specifically, the bill reauthorizes the National Center on Birth Defects and Developmental Disabilities. The center carries out activities to advance the health and well-being of vulnerable populations, including infants with birth defects, children with developmental disabilities, and individuals of all ages with disabilities or blood disorders.

To amend title III of the Public Health Service Act to reauthorize the National Center on Birth Defects and Developmental Disabilities, 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 the Health of Children Act''. SEC. 2. REAUTHORIZATION OF THE NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) by striking subsection (a)(4) and inserting the following: ``(4) Specific programs.--The Secretary, acting through the Director of the Center, shall continue to carry out programs related to-- ``(A) early identification of developmental delay and disability; ``(B) birth defects; ``(C) folic acid; ``(D) cerebral palsy; ``(E) intellectual disabilities; ``(F) child development; ``(G) newborn screening; ``(H) autism; ``(I) fragile X syndrome; ``(J) fetal alcohol spectrum disorders and other conditions related to prenatal substance use; ``(K) pediatric genetic disorders; ``(L) neuromuscular diseases; ``(M) congenital heart defects; ``(N) attention-deficit/hyperactivity disorder; ``(O) stillbirth; ``(P) Tourette Syndrome; or ``(Q) any other relevant disease, disability, disorder, or condition, as determined the Secretary.''; (2) in subsection (c), in the matter preceding paragraph (1), by striking ``Not later than February 1'' and all that follows through ``2 fiscal years--'' and inserting the following: ``The Secretary shall submit biennially to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that--''; and (3) in subsection (f), by striking ``such sums as may be necessary for each of fiscal years 2003 through 2007'' and inserting ``$186,010,000 for each of fiscal years 2022 through 2026''. SEC. 3. EFFECTS OF FOLIC ACID IN PREVENTION OF BIRTH DEFECTS. Section 317J of the Public Health Service Act (42 U.S.C. 247b-11) is amended by striking subsection (e) (relating to authorization of appropriations). Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Improving the Health of Children Act

To amend title III of the Public Health Service Act to reauthorize the National Center on Birth Defects and Developmental Disabilities, and for other purposes.

Improving the Health of Children Act Improving the Health of Children Act Improving the Health of Children Act Improving the Health of Children Act

Rep. Carter, Earl L. "Buddy"

R

GA

This bill reauthorizes through FY2026 programs and activities of the Centers for Disease Control and Prevention for researching and preventing birth defects, developmental disabilities, and other conditions. Specifically, the bill reauthorizes the National Center on Birth Defects and Developmental Disabilities. The center carries out activities to advance the health and well-being of vulnerable populations, including infants with birth defects, children with developmental disabilities, and individuals of all ages with disabilities or blood disorders.

To amend title III of the Public Health Service Act to reauthorize the National Center on Birth Defects and Developmental Disabilities, 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 the Health of Children Act''. SEC. 2. REAUTHORIZATION OF THE NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) by striking subsection (a)(4) and inserting the following: ``(4) Specific programs.--The Secretary, acting through the Director of the Center, shall continue to carry out programs related to-- ``(A) early identification of developmental delay and disability; ``(B) birth defects; ``(C) folic acid; ``(D) cerebral palsy; ``(E) intellectual disabilities; ``(F) child development; ``(G) newborn screening; ``(H) autism; ``(I) fragile X syndrome; ``(J) fetal alcohol spectrum disorders and other conditions related to prenatal substance use; ``(K) pediatric genetic disorders; ``(L) neuromuscular diseases; ``(M) congenital heart defects; ``(N) attention-deficit/hyperactivity disorder; ``(O) stillbirth; ``(P) Tourette Syndrome; or ``(Q) any other relevant disease, disability, disorder, or condition, as determined the Secretary.''; (2) in subsection (c), in the matter preceding paragraph (1), by striking ``Not later than February 1'' and all that follows through ``2 fiscal years--'' and inserting the following: ``The Secretary shall submit biennially to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that--''; and (3) in subsection (f), by striking ``such sums as may be necessary for each of fiscal years 2003 through 2007'' and inserting ``$186,010,000 for each of fiscal years 2022 through 2026''. SEC. 3. EFFECTS OF FOLIC ACID IN PREVENTION OF BIRTH DEFECTS. Section 317J of the Public Health Service Act (42 U.S.C. 247b-11) is amended by striking subsection (e) (relating to authorization of appropriations). Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend title III of the Public Health Service Act to reauthorize the National Center on Birth Defects and Developmental Disabilities, 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 the Health of Children Act''. SEC. 2. REAUTHORIZATION OF THE NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) by striking subsection (a)(4) and inserting the following: ``(4) Specific programs.--The Secretary, acting through the Director of the Center, shall continue to carry out programs related to-- ``(A) early identification of developmental delay and disability; ``(B) birth defects; ``(C) folic acid; ``(D) cerebral palsy; ``(E) intellectual disabilities; ``(F) child development; ``(G) newborn screening; ``(H) autism; ``(I) fragile X syndrome; ``(J) fetal alcohol spectrum disorders and other conditions related to prenatal substance use; ``(K) pediatric genetic disorders; ``(L) neuromuscular diseases; ``(M) congenital heart defects; ``(N) attention-deficit/hyperactivity disorder; ``(O) stillbirth; ``(P) Tourette Syndrome; or ``(Q) any other relevant disease, disability, disorder, or condition, as determined the Secretary.''; (2) in subsection (c), in the matter preceding paragraph (1), by striking ``Not later than February 1'' and all that follows through ``2 fiscal years--'' and inserting the following: ``The Secretary shall submit biennially to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that--''; and (3) in subsection (f), by striking ``such sums as may be necessary for each of fiscal years 2003 through 2007'' and inserting ``$186,010,000 for each of fiscal years 2022 through 2026''. SEC. 3. EFFECTS OF FOLIC ACID IN PREVENTION OF BIRTH DEFECTS. Section 317J of the Public Health Service Act (42 U.S.C. 247b-11) is amended by striking subsection (e) (relating to authorization of appropriations). Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend title III of the Public Health Service Act to reauthorize the National Center on Birth Defects and Developmental Disabilities, 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 the Health of Children Act''. SEC. 2. REAUTHORIZATION OF THE NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) by striking subsection (a)(4) and inserting the following: ``(4) Specific programs.--The Secretary, acting through the Director of the Center, shall continue to carry out programs related to-- ``(A) early identification of developmental delay and disability; ``(B) birth defects; ``(C) folic acid; ``(D) cerebral palsy; ``(E) intellectual disabilities; ``(F) child development; ``(G) newborn screening; ``(H) autism; ``(I) fragile X syndrome; ``(J) fetal alcohol spectrum disorders and other conditions related to prenatal substance use; ``(K) pediatric genetic disorders; ``(L) neuromuscular diseases; ``(M) congenital heart defects; ``(N) attention-deficit/hyperactivity disorder; ``(O) stillbirth; ``(P) Tourette Syndrome; or ``(Q) any other relevant disease, disability, disorder, or condition, as determined the Secretary.''; (2) in subsection (c), in the matter preceding paragraph (1), by striking ``Not later than February 1'' and all that follows through ``2 fiscal years--'' and inserting the following: ``The Secretary shall submit biennially to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that--''; and (3) in subsection (f), by striking ``such sums as may be necessary for each of fiscal years 2003 through 2007'' and inserting ``$186,010,000 for each of fiscal years 2022 through 2026''. SEC. 3. EFFECTS OF FOLIC ACID IN PREVENTION OF BIRTH DEFECTS. Section 317J of the Public Health Service Act (42 U.S.C. 247b-11) is amended by striking subsection (e) (relating to authorization of appropriations). Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend title III of the Public Health Service Act to reauthorize the National Center on Birth Defects and Developmental Disabilities, 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 the Health of Children Act''. SEC. 2. REAUTHORIZATION OF THE NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) by striking subsection (a)(4) and inserting the following: ``(4) Specific programs.--The Secretary, acting through the Director of the Center, shall continue to carry out programs related to-- ``(A) early identification of developmental delay and disability; ``(B) birth defects; ``(C) folic acid; ``(D) cerebral palsy; ``(E) intellectual disabilities; ``(F) child development; ``(G) newborn screening; ``(H) autism; ``(I) fragile X syndrome; ``(J) fetal alcohol spectrum disorders and other conditions related to prenatal substance use; ``(K) pediatric genetic disorders; ``(L) neuromuscular diseases; ``(M) congenital heart defects; ``(N) attention-deficit/hyperactivity disorder; ``(O) stillbirth; ``(P) Tourette Syndrome; or ``(Q) any other relevant disease, disability, disorder, or condition, as determined the Secretary.''; (2) in subsection (c), in the matter preceding paragraph (1), by striking ``Not later than February 1'' and all that follows through ``2 fiscal years--'' and inserting the following: ``The Secretary shall submit biennially to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that--''; and (3) in subsection (f), by striking ``such sums as may be necessary for each of fiscal years 2003 through 2007'' and inserting ``$186,010,000 for each of fiscal years 2022 through 2026''. SEC. 3. EFFECTS OF FOLIC ACID IN PREVENTION OF BIRTH DEFECTS. Section 317J of the Public Health Service Act (42 U.S.C. 247b-11) is amended by striking subsection (e) (relating to authorization of appropriations). Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

H.J.Res.34

Environmental Protection

This joint resolution nullifies the Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review rule published by the Environmental Protection Agency on September 14, 2020. The rule finalized amendments to new source performance standards under the Clean Air Act for the oil and natural gas sector, such as an amendment that removed limitations on methane emissions from such sector.

Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 26, 2021 Ms. DeGette (for herself, Mr. Peters, Mr. Lamb, Ms. Barragan, Mr. Blumenauer, Ms. Blunt Rochester, Mr. Casten, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. DeFazio, Ms. Escobar, Mr. Espaillat, Mr. Grijalva, Mr. Huffman, Mr. Khanna, Ms. Kuster, Ms. McCollum, Ms. Moore of Wisconsin, Ms. Norton, Mr. Pappas, Mr. Quigley, Mr. Raskin, Mr. Sires, Ms. Velazquez, Mr. Welch, Mr. Hastings, Mr. Lowenthal, and Ms. Lee of California) submitted the following joint resolution; which was referred to the Committee on Energy and Commerce June 17, 2021 Additional sponsors: Ms. Schakowsky, Ms. Porter, Mr. Perlmutter, and Mrs. Dingell June 17, 2021 Reported from the Committee on Energy and Commerce; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review'' (published at 85 Fed. Reg. 57018 (September 14, 2020)), and such rule shall have no force or effect. Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ June 17, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review".

Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review".

Official Titles - House of Representatives Official Title as Introduced Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review".

Rep. DeGette, Diana

D

CO

This joint resolution nullifies the Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review rule published by the Environmental Protection Agency on September 14, 2020. The rule finalized amendments to new source performance standards under the Clean Air Act for the oil and natural gas sector, such as an amendment that removed limitations on methane emissions from such sector.

Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 26, 2021 Ms. DeGette (for herself, Mr. Peters, Mr. Lamb, Ms. Barragan, Mr. Blumenauer, Ms. Blunt Rochester, Mr. Casten, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. DeFazio, Ms. Escobar, Mr. Espaillat, Mr. Grijalva, Mr. Huffman, Mr. Khanna, Ms. Kuster, Ms. McCollum, Ms. Moore of Wisconsin, Ms. Norton, Mr. Pappas, Mr. Quigley, Mr. Raskin, Mr. Sires, Ms. Velazquez, Mr. Welch, Mr. Hastings, Mr. Lowenthal, and Ms. Lee of California) submitted the following joint resolution; which was referred to the Committee on Energy and Commerce June 17, 2021 Additional sponsors: Ms. Schakowsky, Ms. Porter, Mr. Perlmutter, and Mrs. Dingell June 17, 2021 Reported from the Committee on Energy and Commerce; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review'' (published at 85 Fed. Reg. 57018 (September 14, 2020)), and such rule shall have no force or effect. Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ June 17, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 26, 2021 Ms. DeGette (for herself, Mr. Peters, Mr. Lamb, Ms. Barragan, Mr. Blumenauer, Ms. Blunt Rochester, Mr. Casten, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. DeFazio, Ms. Escobar, Mr. Espaillat, Mr. Grijalva, Mr. Huffman, Mr. Khanna, Ms. Kuster, Ms. McCollum, Ms. Moore of Wisconsin, Ms. Norton, Mr. Pappas, Mr. Quigley, Mr. Raskin, Mr. Sires, Ms. Velazquez, Mr. Welch, Mr. Hastings, Mr. Lowenthal, and Ms. Lee of California) submitted the following joint resolution; which was referred to the Committee on Energy and Commerce June 17, 2021 Additional sponsors: Ms. Schakowsky, Ms. Porter, Mr. Perlmutter, and Mrs. Dingell June 17, 2021 Reported from the Committee on Energy and Commerce; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review'' (published at 85 Fed. Reg. 57018 (September 14, 2020)), and such rule shall have no force or effect. Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ June 17, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 26, 2021 Ms. DeGette (for herself, Mr. Peters, Mr. Lamb, Ms. Barragan, Mr. Blumenauer, Ms. Blunt Rochester, Mr. Casten, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. DeFazio, Ms. Escobar, Mr. Espaillat, Mr. Grijalva, Mr. Huffman, Mr. Khanna, Ms. Kuster, Ms. McCollum, Ms. Moore of Wisconsin, Ms. Norton, Mr. Pappas, Mr. Quigley, Mr. Raskin, Mr. Sires, Ms. Velazquez, Mr. Welch, Mr. Hastings, Mr. Lowenthal, and Ms. Lee of California) submitted the following joint resolution; which was referred to the Committee on Energy and Commerce June 17, 2021 Additional sponsors: Ms. Schakowsky, Ms. Porter, Mr. Perlmutter, and Mrs. Dingell June 17, 2021 Reported from the Committee on Energy and Commerce; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review'' (published at 85 Fed. Reg. 57018 (September 14, 2020)), and such rule shall have no force or effect. Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ June 17, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 26, 2021 Ms. DeGette (for herself, Mr. Peters, Mr. Lamb, Ms. Barragan, Mr. Blumenauer, Ms. Blunt Rochester, Mr. Casten, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. DeFazio, Ms. Escobar, Mr. Espaillat, Mr. Grijalva, Mr. Huffman, Mr. Khanna, Ms. Kuster, Ms. McCollum, Ms. Moore of Wisconsin, Ms. Norton, Mr. Pappas, Mr. Quigley, Mr. Raskin, Mr. Sires, Ms. Velazquez, Mr. Welch, Mr. Hastings, Mr. Lowenthal, and Ms. Lee of California) submitted the following joint resolution; which was referred to the Committee on Energy and Commerce June 17, 2021 Additional sponsors: Ms. Schakowsky, Ms. Porter, Mr. Perlmutter, and Mrs. Dingell June 17, 2021 Reported from the Committee on Energy and Commerce; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review'' (published at 85 Fed. Reg. 57018 (September 14, 2020)), and such rule shall have no force or effect. Union Calendar No. 45 117th CONGRESS 1st Session H. J. RES. 34 [Report No. 117-64] _______________________________________________________________________ JOINT RESOLUTION Providing for congressional disapproval under chapter 8 of title 5, United States Code, of a rule submitted by the Environmental Protection Agency relating to ``Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review''. _______________________________________________________________________ June 17, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

H.R.2911

Armed Forces and National Security

VA Transparency & Trust Act of 2021 This bill requires the Department of Veterans Affairs (VA) to submit a plan for obligating and expending covered funds, which are funds made available to the VA for response to the COVID-19 pandemic. The bill requires the VA to submit biweekly reports regarding obligations, expenditures, and planned uses of the funds until seven days after the VA has expended all covered funds. The Inspector General of the VA must submit reports examining the obligations and expenditures made using covered funds during the specified reporting period. Finally, the Government Accountability Office must submit an interim report and final report containing a review of obligations and expenditures made using covered funds.

[117th Congress Public Law 63] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1484]] Public Law 117-63 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a plan for obligating and expending Coronavirus pandemic funding made available to the Department of Veterans Affairs, and for other purposes. <<NOTE: Nov. 22, 2021 - [H.R. 2911]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: VA Transparency & Trust Act of 2021.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Transparency & Trust Act of 2021''. SEC. 2. CONGRESSIONAL OVERSIGHT OF CORONAVIRUS PANDEMIC FUNDING MADE AVAILABLE TO DEPARTMENT OF VETERANS AFFAIRS. (a) Plan and Reports by Secretary.-- (1) Plan.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a detailed plan for obligating and expending covered funds, including a detailed justification for each type of obligation of such funds. (2) Biweekly reports.--Every 14 days during the period beginning on the date on which the plan under paragraph (1) is submitted and ending seven days after the date on which the Secretary has expended all covered funds, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report detailing the obligation and expenditure of, and the planned uses for, such funds during the period covered by the report, including a written justification for any deviation in such obligations, expenditures, or planned uses from such plan. (b) <<NOTE: Time period.>> Inspector General Audits.--Not later than 120 days after the date of the enactment of this Act, and semiannually thereafter for three years or until the Secretary has expended all covered funds, whichever occurs first, the Inspector General of the Department of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report examining the obligations and expenditures made using covered funds during the period covered by the report. Each such report shall include-- (1) a comparison of how the funds are being obligated and expended to how the funds were planned to be obligated and expended in the plan under subsection (a)(1); (2) areas of waste, fraud, and abuse, if any; and [[Page 135 STAT. 1485]] (3) any other matter the Inspector General determines relevant. (c) Comptroller General Reviews.-- (1) Interim report.--Not later than September 30, 2022, the Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an interim report containing a review of obligations and expenditures made using covered funds. The report shall include-- (A) a review of the process of the Department of Veterans Affairs for preparing the request for funds; (B) an explanation of how the expenditure of such funds met the goals of the Department during the public health emergency for which the funds were made available; (C) <<NOTE: Recommenda- tions.>> any recommendations to improve the process of identifying needs and expending funds during similar situations in the future; and (D) a review of the plans of the Department to continue programs or investments that were begun with such funds but will continue after such funds are expended. (2) Final report.--Not later than September 30, 2024, the Comptroller General shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a final report on the matters specified under paragraph (1). (d) Covered Funds Defined.--In this section, the term ``covered funds'' means funds that are made available to the Department of Veterans Affairs pursuant to-- (1) the Families First Coronavirus Response Act (Public Law 116-127); (2) the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136); or (3) the American Rescue Plan Act of 2021 (Public Law 117-2). Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2911: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 17, considered and passed House. Oct. 28, considered and passed Senate. <all>

VA Transparency & Trust Act of 2021

To direct the Secretary of Veterans Affairs to submit to Congress a plan for obligating and expending Coronavirus pandemic funding made available to the Department of Veterans Affairs, and for other purposes.

VA Transparency & Trust Act of 2021 VA Transparency & Trust Act of 2021 VA Transparency & Trust Act of 2021

Rep. Bost, Mike

R

IL

This bill requires the Department of Veterans Affairs (VA) to submit a plan for obligating and expending covered funds, which are funds made available to the VA for response to the COVID-19 pandemic. The bill requires the VA to submit biweekly reports regarding obligations, expenditures, and planned uses of the funds until seven days after the VA has expended all covered funds. The Inspector General of the VA must submit reports examining the obligations and expenditures made using covered funds during the specified reporting period. Finally, the Government Accountability Office must submit an interim report and final report containing a review of obligations and expenditures made using covered funds.

[117th Congress Public Law 63] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 22, 2021 - [H.R. SHORT TITLE. This Act may be cited as the ``VA Transparency & Trust Act of 2021''. SEC. 2. CONGRESSIONAL OVERSIGHT OF CORONAVIRUS PANDEMIC FUNDING MADE AVAILABLE TO DEPARTMENT OF VETERANS AFFAIRS. (a) Plan and Reports by Secretary.-- (1) Plan.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a detailed plan for obligating and expending covered funds, including a detailed justification for each type of obligation of such funds. (2) Biweekly reports.--Every 14 days during the period beginning on the date on which the plan under paragraph (1) is submitted and ending seven days after the date on which the Secretary has expended all covered funds, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report detailing the obligation and expenditure of, and the planned uses for, such funds during the period covered by the report, including a written justification for any deviation in such obligations, expenditures, or planned uses from such plan. Each such report shall include-- (1) a comparison of how the funds are being obligated and expended to how the funds were planned to be obligated and expended in the plan under subsection (a)(1); (2) areas of waste, fraud, and abuse, if any; and [[Page 135 STAT. 1485]] (3) any other matter the Inspector General determines relevant. (c) Comptroller General Reviews.-- (1) Interim report.--Not later than September 30, 2022, the Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an interim report containing a review of obligations and expenditures made using covered funds. The report shall include-- (A) a review of the process of the Department of Veterans Affairs for preparing the request for funds; (B) an explanation of how the expenditure of such funds met the goals of the Department during the public health emergency for which the funds were made available; (C) <<NOTE: Recommenda- tions.>> any recommendations to improve the process of identifying needs and expending funds during similar situations in the future; and (D) a review of the plans of the Department to continue programs or investments that were begun with such funds but will continue after such funds are expended. (d) Covered Funds Defined.--In this section, the term ``covered funds'' means funds that are made available to the Department of Veterans Affairs pursuant to-- (1) the Families First Coronavirus Response Act (Public Law 116-127); (2) the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136); or (3) the American Rescue Plan Act of 2021 (Public Law 117-2). Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2911: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. Oct. 28, considered and passed Senate.

[117th Congress Public Law 63] [From the U.S. Government Publishing Office] [[Page 135 STAT. <<NOTE: Nov. 22, 2021 - [H.R. SHORT TITLE. This Act may be cited as the ``VA Transparency & Trust Act of 2021''. SEC. 2. CONGRESSIONAL OVERSIGHT OF CORONAVIRUS PANDEMIC FUNDING MADE AVAILABLE TO DEPARTMENT OF VETERANS AFFAIRS. (a) Plan and Reports by Secretary.-- (1) Plan.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a detailed plan for obligating and expending covered funds, including a detailed justification for each type of obligation of such funds. Each such report shall include-- (1) a comparison of how the funds are being obligated and expended to how the funds were planned to be obligated and expended in the plan under subsection (a)(1); (2) areas of waste, fraud, and abuse, if any; and [[Page 135 STAT. 1485]] (3) any other matter the Inspector General determines relevant. (c) Comptroller General Reviews.-- (1) Interim report.--Not later than September 30, 2022, the Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an interim report containing a review of obligations and expenditures made using covered funds. The report shall include-- (A) a review of the process of the Department of Veterans Affairs for preparing the request for funds; (B) an explanation of how the expenditure of such funds met the goals of the Department during the public health emergency for which the funds were made available; (C) <<NOTE: Recommenda- tions.>> any recommendations to improve the process of identifying needs and expending funds during similar situations in the future; and (D) a review of the plans of the Department to continue programs or investments that were begun with such funds but will continue after such funds are expended. 2911: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. Oct. 28, considered and passed Senate.

[117th Congress Public Law 63] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1484]] Public Law 117-63 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a plan for obligating and expending Coronavirus pandemic funding made available to the Department of Veterans Affairs, and for other purposes. <<NOTE: Nov. 22, 2021 - [H.R. 2911]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: VA Transparency & Trust Act of 2021.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Transparency & Trust Act of 2021''. SEC. 2. CONGRESSIONAL OVERSIGHT OF CORONAVIRUS PANDEMIC FUNDING MADE AVAILABLE TO DEPARTMENT OF VETERANS AFFAIRS. (a) Plan and Reports by Secretary.-- (1) Plan.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a detailed plan for obligating and expending covered funds, including a detailed justification for each type of obligation of such funds. (2) Biweekly reports.--Every 14 days during the period beginning on the date on which the plan under paragraph (1) is submitted and ending seven days after the date on which the Secretary has expended all covered funds, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report detailing the obligation and expenditure of, and the planned uses for, such funds during the period covered by the report, including a written justification for any deviation in such obligations, expenditures, or planned uses from such plan. (b) <<NOTE: Time period.>> Inspector General Audits.--Not later than 120 days after the date of the enactment of this Act, and semiannually thereafter for three years or until the Secretary has expended all covered funds, whichever occurs first, the Inspector General of the Department of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report examining the obligations and expenditures made using covered funds during the period covered by the report. Each such report shall include-- (1) a comparison of how the funds are being obligated and expended to how the funds were planned to be obligated and expended in the plan under subsection (a)(1); (2) areas of waste, fraud, and abuse, if any; and [[Page 135 STAT. 1485]] (3) any other matter the Inspector General determines relevant. (c) Comptroller General Reviews.-- (1) Interim report.--Not later than September 30, 2022, the Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an interim report containing a review of obligations and expenditures made using covered funds. The report shall include-- (A) a review of the process of the Department of Veterans Affairs for preparing the request for funds; (B) an explanation of how the expenditure of such funds met the goals of the Department during the public health emergency for which the funds were made available; (C) <<NOTE: Recommenda- tions.>> any recommendations to improve the process of identifying needs and expending funds during similar situations in the future; and (D) a review of the plans of the Department to continue programs or investments that were begun with such funds but will continue after such funds are expended. (2) Final report.--Not later than September 30, 2024, the Comptroller General shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a final report on the matters specified under paragraph (1). (d) Covered Funds Defined.--In this section, the term ``covered funds'' means funds that are made available to the Department of Veterans Affairs pursuant to-- (1) the Families First Coronavirus Response Act (Public Law 116-127); (2) the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136); or (3) the American Rescue Plan Act of 2021 (Public Law 117-2). Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2911: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 17, considered and passed House. Oct. 28, considered and passed Senate. <all>

[117th Congress Public Law 63] [From the U.S. Government Publishing Office] [[Page 135 STAT. 1484]] Public Law 117-63 117th Congress An Act To direct the Secretary of Veterans Affairs to submit to Congress a plan for obligating and expending Coronavirus pandemic funding made available to the Department of Veterans Affairs, and for other purposes. <<NOTE: Nov. 22, 2021 - [H.R. 2911]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: VA Transparency & Trust Act of 2021.>> SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Transparency & Trust Act of 2021''. SEC. 2. CONGRESSIONAL OVERSIGHT OF CORONAVIRUS PANDEMIC FUNDING MADE AVAILABLE TO DEPARTMENT OF VETERANS AFFAIRS. (a) Plan and Reports by Secretary.-- (1) Plan.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a detailed plan for obligating and expending covered funds, including a detailed justification for each type of obligation of such funds. (2) Biweekly reports.--Every 14 days during the period beginning on the date on which the plan under paragraph (1) is submitted and ending seven days after the date on which the Secretary has expended all covered funds, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report detailing the obligation and expenditure of, and the planned uses for, such funds during the period covered by the report, including a written justification for any deviation in such obligations, expenditures, or planned uses from such plan. (b) <<NOTE: Time period.>> Inspector General Audits.--Not later than 120 days after the date of the enactment of this Act, and semiannually thereafter for three years or until the Secretary has expended all covered funds, whichever occurs first, the Inspector General of the Department of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report examining the obligations and expenditures made using covered funds during the period covered by the report. Each such report shall include-- (1) a comparison of how the funds are being obligated and expended to how the funds were planned to be obligated and expended in the plan under subsection (a)(1); (2) areas of waste, fraud, and abuse, if any; and [[Page 135 STAT. 1485]] (3) any other matter the Inspector General determines relevant. (c) Comptroller General Reviews.-- (1) Interim report.--Not later than September 30, 2022, the Comptroller General of the United States shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate an interim report containing a review of obligations and expenditures made using covered funds. The report shall include-- (A) a review of the process of the Department of Veterans Affairs for preparing the request for funds; (B) an explanation of how the expenditure of such funds met the goals of the Department during the public health emergency for which the funds were made available; (C) <<NOTE: Recommenda- tions.>> any recommendations to improve the process of identifying needs and expending funds during similar situations in the future; and (D) a review of the plans of the Department to continue programs or investments that were begun with such funds but will continue after such funds are expended. (2) Final report.--Not later than September 30, 2024, the Comptroller General shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a final report on the matters specified under paragraph (1). (d) Covered Funds Defined.--In this section, the term ``covered funds'' means funds that are made available to the Department of Veterans Affairs pursuant to-- (1) the Families First Coronavirus Response Act (Public Law 116-127); (2) the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136); or (3) the American Rescue Plan Act of 2021 (Public Law 117-2). Approved November 22, 2021. LEGISLATIVE HISTORY--H.R. 2911: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 167 (2021): May 17, considered and passed House. Oct. 28, considered and passed Senate. <all>

H.R.8761

Immigration

This bill expands the E-3 visa program to cover Irish nationals. The E-3 visa is a nonimmigrant visa currently only available to Australian nationals coming to the United States for employment in a specialty occupation. For Irish E-3 initial applications, the Department of State may approve each fiscal year no more than 10,500 minus the number of Australian initial applications approved the previous fiscal year.

To add Ireland to the E-3 nonimmigrant visa program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. E-3 VISAS FOR IRISH NATIONALS. (a) In General.--Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting ``or, on a basis of reciprocity as determined by the Secretary of State, a national of Ireland,'' after ``Australia''. (b) Employer Requirements.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) by redesignating the second subsection (t) (as added by section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end of subsection (t)(1) (as added by section 402(b)(2) of Public Law 108-77 (117 Stat. 941)) the following: ``(E) In the case of an attestation filed with respect to a national of Ireland described in section 101(a)(15)(E)(iii), the employer is, and will remain during the period of authorized employment of such Irish national, a participant in good standing in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).''. (c) Application Allocation.--Paragraph (11) of section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(11)) is amended to read as follows: ``(11)(A) The Secretary of State may approve initial applications submitted for aliens described in section 101(a)(15)(E)(iii) only as follows: ``(i) For applicants who are nationals of the Commonwealth of Australia, not more than 10,500 for a fiscal year. ``(ii) For applicants who are nationals of Ireland, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia. ``(B) The approval of an application described under subparagraph (A)(ii) shall be deemed for numerical control purposes to have occurred on September 30 of the prior fiscal year. ``(C) The numerical limitation under subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens.''. <all>

To add Ireland to the E-3 nonimmigrant visa program.

To add Ireland to the E-3 nonimmigrant visa program.

Official Titles - House of Representatives Official Title as Introduced To add Ireland to the E-3 nonimmigrant visa program.

Rep. Neal, Richard E.

D

MA

This bill expands the E-3 visa program to cover Irish nationals. The E-3 visa is a nonimmigrant visa currently only available to Australian nationals coming to the United States for employment in a specialty occupation. For Irish E-3 initial applications, the Department of State may approve each fiscal year no more than 10,500 minus the number of Australian initial applications approved the previous fiscal year.

To add Ireland to the E-3 nonimmigrant visa program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. E-3 VISAS FOR IRISH NATIONALS. (a) In General.--Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting ``or, on a basis of reciprocity as determined by the Secretary of State, a national of Ireland,'' after ``Australia''. (b) Employer Requirements.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) by redesignating the second subsection (t) (as added by section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end of subsection (t)(1) (as added by section 402(b)(2) of Public Law 108-77 (117 Stat. 941)) the following: ``(E) In the case of an attestation filed with respect to a national of Ireland described in section 101(a)(15)(E)(iii), the employer is, and will remain during the period of authorized employment of such Irish national, a participant in good standing in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).''. (c) Application Allocation.--Paragraph (11) of section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(11)) is amended to read as follows: ``(11)(A) The Secretary of State may approve initial applications submitted for aliens described in section 101(a)(15)(E)(iii) only as follows: ``(i) For applicants who are nationals of the Commonwealth of Australia, not more than 10,500 for a fiscal year. ``(ii) For applicants who are nationals of Ireland, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia. ``(B) The approval of an application described under subparagraph (A)(ii) shall be deemed for numerical control purposes to have occurred on September 30 of the prior fiscal year. ``(C) The numerical limitation under subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens.''. <all>

To add Ireland to the E-3 nonimmigrant visa program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. E-3 VISAS FOR IRISH NATIONALS. (a) In General.--Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting ``or, on a basis of reciprocity as determined by the Secretary of State, a national of Ireland,'' after ``Australia''. 1182) is amended-- (1) by redesignating the second subsection (t) (as added by section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end of subsection (t)(1) (as added by section 402(b)(2) of Public Law 108-77 (117 Stat. 941)) the following: ``(E) In the case of an attestation filed with respect to a national of Ireland described in section 101(a)(15)(E)(iii), the employer is, and will remain during the period of authorized employment of such Irish national, a participant in good standing in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).''. 1184(g)(11)) is amended to read as follows: ``(11)(A) The Secretary of State may approve initial applications submitted for aliens described in section 101(a)(15)(E)(iii) only as follows: ``(i) For applicants who are nationals of the Commonwealth of Australia, not more than 10,500 for a fiscal year. ``(ii) For applicants who are nationals of Ireland, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia. ``(B) The approval of an application described under subparagraph (A)(ii) shall be deemed for numerical control purposes to have occurred on September 30 of the prior fiscal year. ``(C) The numerical limitation under subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens.''.

To add Ireland to the E-3 nonimmigrant visa program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. E-3 VISAS FOR IRISH NATIONALS. (a) In General.--Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting ``or, on a basis of reciprocity as determined by the Secretary of State, a national of Ireland,'' after ``Australia''. (b) Employer Requirements.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) by redesignating the second subsection (t) (as added by section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end of subsection (t)(1) (as added by section 402(b)(2) of Public Law 108-77 (117 Stat. 941)) the following: ``(E) In the case of an attestation filed with respect to a national of Ireland described in section 101(a)(15)(E)(iii), the employer is, and will remain during the period of authorized employment of such Irish national, a participant in good standing in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).''. (c) Application Allocation.--Paragraph (11) of section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(11)) is amended to read as follows: ``(11)(A) The Secretary of State may approve initial applications submitted for aliens described in section 101(a)(15)(E)(iii) only as follows: ``(i) For applicants who are nationals of the Commonwealth of Australia, not more than 10,500 for a fiscal year. ``(ii) For applicants who are nationals of Ireland, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia. ``(B) The approval of an application described under subparagraph (A)(ii) shall be deemed for numerical control purposes to have occurred on September 30 of the prior fiscal year. ``(C) The numerical limitation under subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens.''. <all>

To add Ireland to the E-3 nonimmigrant visa program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. E-3 VISAS FOR IRISH NATIONALS. (a) In General.--Section 101(a)(15)(E)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(iii)) is amended by inserting ``or, on a basis of reciprocity as determined by the Secretary of State, a national of Ireland,'' after ``Australia''. (b) Employer Requirements.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) by redesignating the second subsection (t) (as added by section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as subsection (u); and (2) by adding at the end of subsection (t)(1) (as added by section 402(b)(2) of Public Law 108-77 (117 Stat. 941)) the following: ``(E) In the case of an attestation filed with respect to a national of Ireland described in section 101(a)(15)(E)(iii), the employer is, and will remain during the period of authorized employment of such Irish national, a participant in good standing in the E-Verify program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).''. (c) Application Allocation.--Paragraph (11) of section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(11)) is amended to read as follows: ``(11)(A) The Secretary of State may approve initial applications submitted for aliens described in section 101(a)(15)(E)(iii) only as follows: ``(i) For applicants who are nationals of the Commonwealth of Australia, not more than 10,500 for a fiscal year. ``(ii) For applicants who are nationals of Ireland, not more than a number equal to the difference between 10,500 and the number of applications approved in the prior fiscal year for aliens who are nationals of the Commonwealth of Australia. ``(B) The approval of an application described under subparagraph (A)(ii) shall be deemed for numerical control purposes to have occurred on September 30 of the prior fiscal year. ``(C) The numerical limitation under subparagraph (A) shall only apply to principal aliens and not to the spouses or children of such aliens.''. <all>

H.R.8406

Education

College Operational Reporting of Emergencies Involving Teens and Young Adults Safety Act of 2022 or the COREY Safety Act of 2022 This bill expands reporting requirements included in the annual security report provided to current and prospective students and employees of each institution of higher education (IHE). Specifically, the bill requires each IHE to include in its report information about the number of incidents that result in serious physical harm or death involving (1) transportation on foot or via bikes, scooters, skateboards, longboards, or motor vehicles; (2) ground level and high height slips and falls; (3) alcohol or drug overdoses; and (4) choking or drowning. Further, the IHE must also include in the report a statement containing the name, address, and distance from campus of the closest Level I trauma center. Additionally, the bill changes the name of the report from annual security report to annual campus safety report.

To amend the Higher Education Act of 1965 to require reporting of certain incidents resulting in serious physical injuries or death at institutions of higher education, 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 ``College Operational Reporting of Emergencies Involving Teens and Young Adults Safety Act of 2022'' or the ``COREY Safety Act of 2022''. SEC. 2. EXTENSION OF CLERY ACT TO INCIDENTS RESULTING IN SERIOUS PHYSICAL INJURY OR DEATH. (a) Reporting of Incident Statistics.--Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) of incidents that result in serious physical harm or death involving-- ``(I) transportation on foot or via bikes, scooters, skateboards, longboards, or motor vehicles; ``(II) ground level and high height slips and falls; ``(III) alcohol or drug overdoses; and ``(IV) choking or drowning.''. (b) Updating Campus Safety Report Title.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)(O), by striking ``campus crime report'' and inserting ``campus safety report''; and (2) in subsection (f)(1), by striking ``annual security report'' and inserting ``annual campus safety report''. (c) Reporting Closest Trauma I Center.--Section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at the end the following: ``(K) A statement including the name, address, and distance from campus of the Level I trauma center closest to the campus of the institution.''. <all>

COREY Safety Act of 2022

To amend the Higher Education Act of 1965 to require reporting of certain incidents resulting in serious physical injuries or death at institutions of higher education, and for other purposes.

COREY Safety Act of 2022 College Operational Reporting of Emergencies Involving Teens and Young Adults Safety Act of 2022

Rep. Courtney, Joe

D

CT

This bill expands reporting requirements included in the annual security report provided to current and prospective students and employees of each institution of higher education (IHE). Specifically, the bill requires each IHE to include in its report information about the number of incidents that result in serious physical harm or death involving (1) transportation on foot or via bikes, scooters, skateboards, longboards, or motor vehicles; (2) ground level and high height slips and falls; (3) alcohol or drug overdoses; and (4) choking or drowning. Further, the IHE must also include in the report a statement containing the name, address, and distance from campus of the closest Level I trauma center. Additionally, the bill changes the name of the report from annual security report to annual campus safety report.

To amend the Higher Education Act of 1965 to require reporting of certain incidents resulting in serious physical injuries or death at institutions of higher education, 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 ``College Operational Reporting of Emergencies Involving Teens and Young Adults Safety Act of 2022'' or the ``COREY Safety Act of 2022''. SEC. 2. EXTENSION OF CLERY ACT TO INCIDENTS RESULTING IN SERIOUS PHYSICAL INJURY OR DEATH. (a) Reporting of Incident Statistics.--Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) of incidents that result in serious physical harm or death involving-- ``(I) transportation on foot or via bikes, scooters, skateboards, longboards, or motor vehicles; ``(II) ground level and high height slips and falls; ``(III) alcohol or drug overdoses; and ``(IV) choking or drowning.''. (b) Updating Campus Safety Report Title.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)(O), by striking ``campus crime report'' and inserting ``campus safety report''; and (2) in subsection (f)(1), by striking ``annual security report'' and inserting ``annual campus safety report''. (c) Reporting Closest Trauma I Center.--Section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at the end the following: ``(K) A statement including the name, address, and distance from campus of the Level I trauma center closest to the campus of the institution.''. <all>

To amend the Higher Education Act of 1965 to require reporting of certain incidents resulting in serious physical injuries or death at institutions of higher education, 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 ``College Operational Reporting of Emergencies Involving Teens and Young Adults Safety Act of 2022'' or the ``COREY Safety Act of 2022''. SEC. 2. EXTENSION OF CLERY ACT TO INCIDENTS RESULTING IN SERIOUS PHYSICAL INJURY OR DEATH. (a) Reporting of Incident Statistics.--Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) of incidents that result in serious physical harm or death involving-- ``(I) transportation on foot or via bikes, scooters, skateboards, longboards, or motor vehicles; ``(II) ground level and high height slips and falls; ``(III) alcohol or drug overdoses; and ``(IV) choking or drowning.''. (b) Updating Campus Safety Report Title.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)(O), by striking ``campus crime report'' and inserting ``campus safety report''; and (2) in subsection (f)(1), by striking ``annual security report'' and inserting ``annual campus safety report''. (c) Reporting Closest Trauma I Center.--Section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at the end the following: ``(K) A statement including the name, address, and distance from campus of the Level I trauma center closest to the campus of the institution.''. <all>

To amend the Higher Education Act of 1965 to require reporting of certain incidents resulting in serious physical injuries or death at institutions of higher education, 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 ``College Operational Reporting of Emergencies Involving Teens and Young Adults Safety Act of 2022'' or the ``COREY Safety Act of 2022''. SEC. 2. EXTENSION OF CLERY ACT TO INCIDENTS RESULTING IN SERIOUS PHYSICAL INJURY OR DEATH. (a) Reporting of Incident Statistics.--Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) of incidents that result in serious physical harm or death involving-- ``(I) transportation on foot or via bikes, scooters, skateboards, longboards, or motor vehicles; ``(II) ground level and high height slips and falls; ``(III) alcohol or drug overdoses; and ``(IV) choking or drowning.''. (b) Updating Campus Safety Report Title.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)(O), by striking ``campus crime report'' and inserting ``campus safety report''; and (2) in subsection (f)(1), by striking ``annual security report'' and inserting ``annual campus safety report''. (c) Reporting Closest Trauma I Center.--Section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at the end the following: ``(K) A statement including the name, address, and distance from campus of the Level I trauma center closest to the campus of the institution.''. <all>

To amend the Higher Education Act of 1965 to require reporting of certain incidents resulting in serious physical injuries or death at institutions of higher education, 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 ``College Operational Reporting of Emergencies Involving Teens and Young Adults Safety Act of 2022'' or the ``COREY Safety Act of 2022''. SEC. 2. EXTENSION OF CLERY ACT TO INCIDENTS RESULTING IN SERIOUS PHYSICAL INJURY OR DEATH. (a) Reporting of Incident Statistics.--Section 485(f)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)(F)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) of incidents that result in serious physical harm or death involving-- ``(I) transportation on foot or via bikes, scooters, skateboards, longboards, or motor vehicles; ``(II) ground level and high height slips and falls; ``(III) alcohol or drug overdoses; and ``(IV) choking or drowning.''. (b) Updating Campus Safety Report Title.--Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended-- (1) in subsection (a)(1)(O), by striking ``campus crime report'' and inserting ``campus safety report''; and (2) in subsection (f)(1), by striking ``annual security report'' and inserting ``annual campus safety report''. (c) Reporting Closest Trauma I Center.--Section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) is amended by adding at the end the following: ``(K) A statement including the name, address, and distance from campus of the Level I trauma center closest to the campus of the institution.''. <all>

S.562

Health

Ensuring Timely Access to Generics Act of 2021 This bill imposes requirements related to third-party petitions concerning an application for Food and Drug Administration (FDA) approval to market a generic drug or biosimilar. (The current statute refers to these petitions as citizen petitions, which typically involve requests that the FDA take certain actions, such as requiring additional warnings on a drug.) Under the bill, the FDA may deny a citizen petition that (1) was submitted primarily to delay the approval of the relevant application, or (2) does not on its face raise valid scientific or regulatory issues. Currently, the FDA may deny a petition as an attempt at delay only if the petition meets both of these requirements. The bill also requires the FDA to establish procedures for referring such a delaying petition to the Federal Trade Commission. The bill also expressly requires a third party, before filing a lawsuit to force the FDA to set aside or prevent market approval of a generic drug or biosimilar, to first file a citizen petition with the information and arguments that form the basis of the lawsuit. A citizen petition must be filed within 60 days of when the filer knew or reasonably should have known the information that forms the basis of the petition.

To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Timely Access to Generics Act of 2021''. SEC. 2. ENSURING TIMELY ACCESS TO GENERICS. Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i), by inserting ``, 10.31,'' after ``10.30''; (B) in subparagraph (E)-- (i) by striking ``application and'' and inserting ``application or''; (ii) by striking ``If the Secretary'' and inserting the following: ``(i) In general.--If the Secretary''; and (iii) by striking the second sentence and inserting the following: ``(ii) Primary purpose of delaying.-- ``(I) In general.--In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: ``(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew or reasonably should have known the relevant information relied upon to form the basis of such petition. ``(bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. ``(cc) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved. ``(dd) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. ``(ee) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. ``(ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug. ``(gg) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. ``(hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance. ``(II) Guidance.--The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I).''; (C) by adding at the end the following: ``(iii) Referral to the federal trade commission.--The Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner by the Secretary.''; (D) by striking subparagraph (F); (E) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (F) in subparagraph (H), as so redesignated, by striking ``submission of this petition'' and inserting ``submission of this document''; (2) in paragraph (2)-- (A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively; (B) by inserting before subparagraph (C), as so redesignated, the following: ``(A) In general.--A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. ``(B) Timely submission of citizen petition.--A petition and any supplement to a petition shall be submitted within 60 days after the person knew, or reasonably should have known, the information that forms the basis of the request made in the petition or supplement.''; (C) in subparagraph (C), as so redesignated-- (i) in the heading, by striking ``within 150 days''; (ii) in clause (i), by striking ``during the 150-day period referred to in paragraph (1)(F),''; and (iii) by amending clause (ii) to read as follows: ``(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision.''; (D) by amending subparagraph (D), as so redesignated, to read as follows: ``(D) Dismissal of certain civil actions.-- ``(i) Petition.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. ``(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. ``(iii) Final response.--If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies.''; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking ``as defined under subparagraph (2)(A)'' and inserting ``within the meaning of subparagraph (C)''; and (3) in paragraph (4)-- (A) by striking ``Exceptions'' and all that follows through ``This subsection does'' and inserting ``Exceptions.--This subsection does''; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly. <all>

Ensuring Timely Access to Generics Act of 2021

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions.

Ensuring Timely Access to Generics Act of 2021

Sen. Shaheen, Jeanne

D

NH

This bill imposes requirements related to third-party petitions concerning an application for Food and Drug Administration (FDA) approval to market a generic drug or biosimilar. (The current statute refers to these petitions as citizen petitions, which typically involve requests that the FDA take certain actions, such as requiring additional warnings on a drug.) Under the bill, the FDA may deny a citizen petition that (1) was submitted primarily to delay the approval of the relevant application, or (2) does not on its face raise valid scientific or regulatory issues. Currently, the FDA may deny a petition as an attempt at delay only if the petition meets both of these requirements. The bill also requires the FDA to establish procedures for referring such a delaying petition to the Federal Trade Commission. The bill also expressly requires a third party, before filing a lawsuit to force the FDA to set aside or prevent market approval of a generic drug or biosimilar, to first file a citizen petition with the information and arguments that form the basis of the lawsuit. A citizen petition must be filed within 60 days of when the filer knew or reasonably should have known the information that forms the basis of the petition.

To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. 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. ENSURING TIMELY ACCESS TO GENERICS. ``(bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. ``(ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug. ``(hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance. ``(II) Guidance.--The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I). ''; (C) by adding at the end the following: ``(iii) Referral to the federal trade commission.--The Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner by the Secretary. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. ''; (C) in subparagraph (C), as so redesignated-- (i) in the heading, by striking ``within 150 days''; (ii) in clause (i), by striking ``during the 150-day period referred to in paragraph (1)(F),''; and (iii) by amending clause (ii) to read as follows: ``(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision. ``(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. ''; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking ``as defined under subparagraph (2)(A)'' and inserting ``within the meaning of subparagraph (C)''; and (3) in paragraph (4)-- (A) by striking ``Exceptions'' and all that follows through ``This subsection does'' and inserting ``Exceptions.--This subsection does''; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.

To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. ENSURING TIMELY ACCESS TO GENERICS. ``(bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. ``(ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug. ``(hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance. Such procedures shall include notification to the petitioner by the Secretary. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. ``(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. ''; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking ``as defined under subparagraph (2)(A)'' and inserting ``within the meaning of subparagraph (C)''; and (3) in paragraph (4)-- (A) by striking ``Exceptions'' and all that follows through ``This subsection does'' and inserting ``Exceptions.--This subsection does''; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.

To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. 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. ENSURING TIMELY ACCESS TO GENERICS. Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i), by inserting ``, 10.31,'' after ``10.30''; (B) in subparagraph (E)-- (i) by striking ``application and'' and inserting ``application or''; (ii) by striking ``If the Secretary'' and inserting the following: ``(i) In general.--If the Secretary''; and (iii) by striking the second sentence and inserting the following: ``(ii) Primary purpose of delaying.-- ``(I) In general.--In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: ``(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew or reasonably should have known the relevant information relied upon to form the basis of such petition. ``(bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. ``(dd) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. ``(ee) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. ``(ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug. ``(gg) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. ``(hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance. ``(II) Guidance.--The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I). ''; (C) by adding at the end the following: ``(iii) Referral to the federal trade commission.--The Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner by the Secretary. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. ''; (C) in subparagraph (C), as so redesignated-- (i) in the heading, by striking ``within 150 days''; (ii) in clause (i), by striking ``during the 150-day period referred to in paragraph (1)(F),''; and (iii) by amending clause (ii) to read as follows: ``(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision. ``(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. ''; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking ``as defined under subparagraph (2)(A)'' and inserting ``within the meaning of subparagraph (C)''; and (3) in paragraph (4)-- (A) by striking ``Exceptions'' and all that follows through ``This subsection does'' and inserting ``Exceptions.--This subsection does''; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.

To amend the Federal Food, Drug, and Cosmetic Act with respect to citizen petitions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Timely Access to Generics Act of 2021''. SEC. 2. ENSURING TIMELY ACCESS TO GENERICS. Section 505(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(q)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)(i), by inserting ``, 10.31,'' after ``10.30''; (B) in subparagraph (E)-- (i) by striking ``application and'' and inserting ``application or''; (ii) by striking ``If the Secretary'' and inserting the following: ``(i) In general.--If the Secretary''; and (iii) by striking the second sentence and inserting the following: ``(ii) Primary purpose of delaying.-- ``(I) In general.--In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: ``(aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew or reasonably should have known the relevant information relied upon to form the basis of such petition. ``(bb) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. ``(cc) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved. ``(dd) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. ``(ee) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. ``(ff) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner's version of the same drug. ``(gg) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. ``(hh) Other relevant and appropriate factors, which the Secretary shall describe in guidance. ``(II) Guidance.--The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I). ''; (C) by adding at the end the following: ``(iii) Referral to the federal trade commission.--The Secretary shall establish procedures for referring to the Federal Trade Commission any petition or supplement to a petition that the Secretary determines was submitted with the primary purpose of delaying approval of an application. Such procedures shall include notification to the petitioner by the Secretary. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. ''; (C) in subparagraph (C), as so redesignated-- (i) in the heading, by striking ``within 150 days''; (ii) in clause (i), by striking ``during the 150-day period referred to in paragraph (1)(F),''; and (iii) by amending clause (ii) to read as follows: ``(ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision. ``(ii) Timeliness.--If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. ``(iii) Final response.--If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. ''; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking ``as defined under subparagraph (2)(A)'' and inserting ``within the meaning of subparagraph (C)''; and (3) in paragraph (4)-- (A) by striking ``Exceptions'' and all that follows through ``This subsection does'' and inserting ``Exceptions.--This subsection does''; (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly.

H.R.3918

Commerce

This bill provides the Federal Trade Commission with enforcement authority over certain tax-exempt, charitable organizations.

To amend the Federal Trade Commission Act to permit the Federal Trade Commission to enforce such Act against certain tax-exempt organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY OF FEDERAL TRADE COMMISSION OVER CERTAIN TAX- EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended, in the undesignated paragraph relating to the definition of the term ``Corporation''-- (1) by striking ``, and any'' and inserting ``, any''; and (2) by inserting before the period at the end the following: ``, and any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code''. <all>

To amend the Federal Trade Commission Act to permit the Federal Trade Commission to enforce such Act against certain tax-exempt organizations.

To amend the Federal Trade Commission Act to permit the Federal Trade Commission to enforce such Act against certain tax-exempt organizations.

Official Titles - House of Representatives Official Title as Introduced To amend the Federal Trade Commission Act to permit the Federal Trade Commission to enforce such Act against certain tax-exempt organizations.

Rep. Rush, Bobby L.

D

IL

This bill provides the Federal Trade Commission with enforcement authority over certain tax-exempt, charitable organizations.

To amend the Federal Trade Commission Act to permit the Federal Trade Commission to enforce such Act against certain tax-exempt organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY OF FEDERAL TRADE COMMISSION OVER CERTAIN TAX- EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended, in the undesignated paragraph relating to the definition of the term ``Corporation''-- (1) by striking ``, and any'' and inserting ``, any''; and (2) by inserting before the period at the end the following: ``, and any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code''. <all>

To amend the Federal Trade Commission Act to permit the Federal Trade Commission to enforce such Act against certain tax-exempt organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY OF FEDERAL TRADE COMMISSION OVER CERTAIN TAX- EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended, in the undesignated paragraph relating to the definition of the term ``Corporation''-- (1) by striking ``, and any'' and inserting ``, any''; and (2) by inserting before the period at the end the following: ``, and any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code''. <all>

To amend the Federal Trade Commission Act to permit the Federal Trade Commission to enforce such Act against certain tax-exempt organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY OF FEDERAL TRADE COMMISSION OVER CERTAIN TAX- EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended, in the undesignated paragraph relating to the definition of the term ``Corporation''-- (1) by striking ``, and any'' and inserting ``, any''; and (2) by inserting before the period at the end the following: ``, and any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code''. <all>

To amend the Federal Trade Commission Act to permit the Federal Trade Commission to enforce such Act against certain tax-exempt organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY OF FEDERAL TRADE COMMISSION OVER CERTAIN TAX- EXEMPT ORGANIZATIONS. Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended, in the undesignated paragraph relating to the definition of the term ``Corporation''-- (1) by striking ``, and any'' and inserting ``, any''; and (2) by inserting before the period at the end the following: ``, and any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of such Code''. <all>

S.3371

Public Lands and Natural Resources

Land and Water Conservation Fund Water Amendments Act of 2021 This bill authorizes the Department of the Interior to provide financial assistance for water quality improvement projects from amounts made available under the Land and Water Conservation Fund. Interior shall only provide such financial assistance to projects that seek to improve water quality by improving, restoring, remediating, or developing natural hydrological systems, such as wetlands and living shorelines. To be eligible for assistance, a state's comprehensive statewide outdoor recreation plan shall identify

To amend title 54, United States Code, to authorize the Secretary of the Interior to make financial assistance to States under the Land and Water Conservation Fund available for water quality projects, 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 ``Land and Water Conservation Fund Amendments Act of 2021''. SEC. 2. FINANCIAL ASSISTANCE TO STATES FOR WATER QUALITY PROJECTS. Section 200305 of title 54, United States Code, is amended-- (1) in subsection (a), in the second sentence, by inserting ``and water quality improvement'' after ``outdoor recreation''; (2) in subsection (d), by adding at the end the following: ``(5) Water quality.--A comprehensive statewide outdoor recreation plan shall identify-- ``(A) any body of water within the boundaries of the State for which a State water quality control plan has been developed pursuant to section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); and ``(B) any proposed water quality project (as defined in subsection (e)(4)(A)) to be conducted with respect to a body of water that is identified under subparagraph (A).''; and (3) in subsection (e)-- (A) in the heading, by striking ``and Development of Basic Outdoor Recreation Facilities'' and inserting ``, Development of Basic Outdoor Recreation Facilities, and Conduct of Water Quality Projects''; (B) in paragraph (1), by striking ``and (3)'' and inserting ``, (3), and (4)''; and (C) by adding at the end the following: ``(4) Water quality projects.-- ``(A) Definition of water quality project.--In this paragraph, the term `water quality project' means any project identified in a State water quality control plan developed for the purpose of restoring any body of water that is identified by the State under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) as being impaired. ``(B) Financial assistance.--Under paragraph (1), the Secretary may provide financial assistance for the conduct of water quality projects. ``(C) Non-federal share credit.--The Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project. ``(D) Consultation.--The Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. ``(E) Limitations.-- ``(i) In general.--In providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, remediating, or developing natural hydrological systems, such as-- ``(I) wetlands; ``(II) marshes; ``(III) living shorelines; ``(IV) near-shore estuarine waters; or ``(V) any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. ``(ii) No reimbursement.--Funds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded. ``(iii) Effect.--Nothing in this paragraph-- ``(I) expands the authority of the Federal Government over nonnavigable waters; or ``(II) authorizes the Secretary to regulate the conduct of water quality projects.''. <all>

Land and Water Conservation Fund Amendments Act of 2021

A bill to amend title 54, United States Code, to authorize the Secretary of the Interior to make financial assistance to States under the Land and Water Conservation Fund available for water quality projects, and for other purposes.

Land and Water Conservation Fund Amendments Act of 2021

Sen. Rubio, Marco

R

FL

This bill authorizes the Department of the Interior to provide financial assistance for water quality improvement projects from amounts made available under the Land and Water Conservation Fund. Interior shall only provide such financial assistance to projects that seek to improve water quality by improving, restoring, remediating, or developing natural hydrological systems, such as wetlands and living shorelines. To be eligible for assistance, a state's comprehensive statewide outdoor recreation plan shall identify

To amend title 54, United States Code, to authorize the Secretary of the Interior to make financial assistance to States under the Land and Water Conservation Fund available for water quality projects, 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 ``Land and Water Conservation Fund Amendments Act of 2021''. SEC. 2. FINANCIAL ASSISTANCE TO STATES FOR WATER QUALITY PROJECTS. 1313(d)); and ``(B) any proposed water quality project (as defined in subsection (e)(4)(A)) to be conducted with respect to a body of water that is identified under subparagraph (A). ''; and (3) in subsection (e)-- (A) in the heading, by striking ``and Development of Basic Outdoor Recreation Facilities'' and inserting ``, Development of Basic Outdoor Recreation Facilities, and Conduct of Water Quality Projects''; (B) in paragraph (1), by striking ``and (3)'' and inserting ``, (3), and (4)''; and (C) by adding at the end the following: ``(4) Water quality projects.-- ``(A) Definition of water quality project.--In this paragraph, the term `water quality project' means any project identified in a State water quality control plan developed for the purpose of restoring any body of water that is identified by the State under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) as being impaired. ``(C) Non-federal share credit.--The Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project. ``(D) Consultation.--The Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. ``(E) Limitations.-- ``(i) In general.--In providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, remediating, or developing natural hydrological systems, such as-- ``(I) wetlands; ``(II) marshes; ``(III) living shorelines; ``(IV) near-shore estuarine waters; or ``(V) any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. ``(ii) No reimbursement.--Funds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded. ``(iii) Effect.--Nothing in this paragraph-- ``(I) expands the authority of the Federal Government over nonnavigable waters; or ``(II) authorizes the Secretary to regulate the conduct of water quality projects.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Land and Water Conservation Fund Amendments Act of 2021''. SEC. 2. FINANCIAL ASSISTANCE TO STATES FOR WATER QUALITY PROJECTS. ''; and (3) in subsection (e)-- (A) in the heading, by striking ``and Development of Basic Outdoor Recreation Facilities'' and inserting ``, Development of Basic Outdoor Recreation Facilities, and Conduct of Water Quality Projects''; (B) in paragraph (1), by striking ``and (3)'' and inserting ``, (3), and (4)''; and (C) by adding at the end the following: ``(4) Water quality projects.-- ``(A) Definition of water quality project.--In this paragraph, the term `water quality project' means any project identified in a State water quality control plan developed for the purpose of restoring any body of water that is identified by the State under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) as being impaired. ``(C) Non-federal share credit.--The Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project. ``(D) Consultation.--The Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. ``(E) Limitations.-- ``(i) In general.--In providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, remediating, or developing natural hydrological systems, such as-- ``(I) wetlands; ``(II) marshes; ``(III) living shorelines; ``(IV) near-shore estuarine waters; or ``(V) any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. ``(ii) No reimbursement.--Funds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded. ``(iii) Effect.--Nothing in this paragraph-- ``(I) expands the authority of the Federal Government over nonnavigable waters; or ``(II) authorizes the Secretary to regulate the conduct of water quality projects.''.

To amend title 54, United States Code, to authorize the Secretary of the Interior to make financial assistance to States under the Land and Water Conservation Fund available for water quality projects, 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 ``Land and Water Conservation Fund Amendments Act of 2021''. SEC. 2. FINANCIAL ASSISTANCE TO STATES FOR WATER QUALITY PROJECTS. Section 200305 of title 54, United States Code, is amended-- (1) in subsection (a), in the second sentence, by inserting ``and water quality improvement'' after ``outdoor recreation''; (2) in subsection (d), by adding at the end the following: ``(5) Water quality.--A comprehensive statewide outdoor recreation plan shall identify-- ``(A) any body of water within the boundaries of the State for which a State water quality control plan has been developed pursuant to section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); and ``(B) any proposed water quality project (as defined in subsection (e)(4)(A)) to be conducted with respect to a body of water that is identified under subparagraph (A).''; and (3) in subsection (e)-- (A) in the heading, by striking ``and Development of Basic Outdoor Recreation Facilities'' and inserting ``, Development of Basic Outdoor Recreation Facilities, and Conduct of Water Quality Projects''; (B) in paragraph (1), by striking ``and (3)'' and inserting ``, (3), and (4)''; and (C) by adding at the end the following: ``(4) Water quality projects.-- ``(A) Definition of water quality project.--In this paragraph, the term `water quality project' means any project identified in a State water quality control plan developed for the purpose of restoring any body of water that is identified by the State under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) as being impaired. ``(B) Financial assistance.--Under paragraph (1), the Secretary may provide financial assistance for the conduct of water quality projects. ``(C) Non-federal share credit.--The Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project. ``(D) Consultation.--The Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. ``(E) Limitations.-- ``(i) In general.--In providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, remediating, or developing natural hydrological systems, such as-- ``(I) wetlands; ``(II) marshes; ``(III) living shorelines; ``(IV) near-shore estuarine waters; or ``(V) any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. ``(ii) No reimbursement.--Funds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded. ``(iii) Effect.--Nothing in this paragraph-- ``(I) expands the authority of the Federal Government over nonnavigable waters; or ``(II) authorizes the Secretary to regulate the conduct of water quality projects.''. <all>

To amend title 54, United States Code, to authorize the Secretary of the Interior to make financial assistance to States under the Land and Water Conservation Fund available for water quality projects, 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 ``Land and Water Conservation Fund Amendments Act of 2021''. SEC. 2. FINANCIAL ASSISTANCE TO STATES FOR WATER QUALITY PROJECTS. Section 200305 of title 54, United States Code, is amended-- (1) in subsection (a), in the second sentence, by inserting ``and water quality improvement'' after ``outdoor recreation''; (2) in subsection (d), by adding at the end the following: ``(5) Water quality.--A comprehensive statewide outdoor recreation plan shall identify-- ``(A) any body of water within the boundaries of the State for which a State water quality control plan has been developed pursuant to section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); and ``(B) any proposed water quality project (as defined in subsection (e)(4)(A)) to be conducted with respect to a body of water that is identified under subparagraph (A).''; and (3) in subsection (e)-- (A) in the heading, by striking ``and Development of Basic Outdoor Recreation Facilities'' and inserting ``, Development of Basic Outdoor Recreation Facilities, and Conduct of Water Quality Projects''; (B) in paragraph (1), by striking ``and (3)'' and inserting ``, (3), and (4)''; and (C) by adding at the end the following: ``(4) Water quality projects.-- ``(A) Definition of water quality project.--In this paragraph, the term `water quality project' means any project identified in a State water quality control plan developed for the purpose of restoring any body of water that is identified by the State under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)) as being impaired. ``(B) Financial assistance.--Under paragraph (1), the Secretary may provide financial assistance for the conduct of water quality projects. ``(C) Non-federal share credit.--The Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project. ``(D) Consultation.--The Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. ``(E) Limitations.-- ``(i) In general.--In providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, remediating, or developing natural hydrological systems, such as-- ``(I) wetlands; ``(II) marshes; ``(III) living shorelines; ``(IV) near-shore estuarine waters; or ``(V) any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. ``(ii) No reimbursement.--Funds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded. ``(iii) Effect.--Nothing in this paragraph-- ``(I) expands the authority of the Federal Government over nonnavigable waters; or ``(II) authorizes the Secretary to regulate the conduct of water quality projects.''. <all>

S.89

Armed Forces and National Security

Ensuring Survivor Benefits during COVID-19 Act of 2021 This bill requires the Department of Veterans Affairs (VA) to obtain a medical opinion that determines whether a service-connected disability was the principal or contributory cause of death for a veteran who died from COVID-19. Specifically, the VA must obtain this determination before notifying a claimant for survivor benefits of the final decision regarding such benefits in any case where The VA must provide information to veterans, their dependents, and veterans service organizations about applying for dependency and indemnity compensation when a veteran dies from COVID-19. Such information must be available through the VA's website and via other outreach mechanisms.

To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID-19 to determine whether their service-connected disabilities were the principal or contributory causes of death, 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 ``Ensuring Survivor Benefits during COVID-19 Act of 2021''. SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID-19. (a) In General.--The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met: (1) A claim for compensation is filed under chapter 13 of title 38, Unites States Code, with respect to a veteran with one or more service-connected disabilities who dies. (2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID-19) as the principal or contributory cause of death. (3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death. (4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID-19 as determined by the Centers for Disease Control and Prevention. (5) The claimant is not entitled to benefits under section 1318 of such title. (6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant. (b) Outreach.--The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID- 19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms. Passed the Senate July 21, 2021. Attest: Secretary. 117th CONGRESS 1st Session S. 89 _______________________________________________________________________

Ensuring Survivor Benefits during COVID-19 Act of 2021

A bill to require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID-19 to determine whether their service-connected disabilities were the principal or contributory causes of death, and for other purposes.

Ensuring Survivor Benefits during COVID-19 Act of 2021 Ensuring Survivor Benefits during COVID–19 Act of 2021 Ensuring Survivor Benefits during COVID–19 Act of 2021 Ensuring Survivor Benefits During COVID–19 Act of 2021

Sen. Sinema, Kyrsten

D

AZ

This bill requires the Department of Veterans Affairs (VA) to obtain a medical opinion that determines whether a service-connected disability was the principal or contributory cause of death for a veteran who died from COVID-19. Specifically, the VA must obtain this determination before notifying a claimant for survivor benefits of the final decision regarding such benefits in any case where The VA must provide information to veterans, their dependents, and veterans service organizations about applying for dependency and indemnity compensation when a veteran dies from COVID-19. Such information must be available through the VA's website and via other outreach mechanisms.

To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID-19 to determine whether their service-connected disabilities were the principal or contributory causes of death, 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 ``Ensuring Survivor Benefits during COVID-19 Act of 2021''. SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID-19. (a) In General.--The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met: (1) A claim for compensation is filed under chapter 13 of title 38, Unites States Code, with respect to a veteran with one or more service-connected disabilities who dies. (2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID-19) as the principal or contributory cause of death. (3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death. (4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID-19 as determined by the Centers for Disease Control and Prevention. (5) The claimant is not entitled to benefits under section 1318 of such title. (6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant. (b) Outreach.--The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID- 19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms. Passed the Senate July 21, 2021. Attest: Secretary. 117th CONGRESS 1st Session S. 89 _______________________________________________________________________

To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID-19 to determine whether their service-connected disabilities were the principal or contributory causes of death, 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 ``Ensuring Survivor Benefits during COVID-19 Act of 2021''. SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID-19. (a) In General.--The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met: (1) A claim for compensation is filed under chapter 13 of title 38, Unites States Code, with respect to a veteran with one or more service-connected disabilities who dies. (2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID-19) as the principal or contributory cause of death. (3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death. (4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID-19 as determined by the Centers for Disease Control and Prevention. (5) The claimant is not entitled to benefits under section 1318 of such title. (6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant. (b) Outreach.--The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID- 19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms. Passed the Senate July 21, 2021. Attest: Secretary. 117th CONGRESS 1st Session S. 89 _______________________________________________________________________

To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID-19 to determine whether their service-connected disabilities were the principal or contributory causes of death, 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 ``Ensuring Survivor Benefits during COVID-19 Act of 2021''. SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID-19. (a) In General.--The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met: (1) A claim for compensation is filed under chapter 13 of title 38, Unites States Code, with respect to a veteran with one or more service-connected disabilities who dies. (2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID-19) as the principal or contributory cause of death. (3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death. (4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID-19 as determined by the Centers for Disease Control and Prevention. (5) The claimant is not entitled to benefits under section 1318 of such title. (6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant. (b) Outreach.--The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID- 19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms. Passed the Senate July 21, 2021. Attest: Secretary. 117th CONGRESS 1st Session S. 89 _______________________________________________________________________

To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID-19 to determine whether their service-connected disabilities were the principal or contributory causes of death, 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 ``Ensuring Survivor Benefits during COVID-19 Act of 2021''. SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID-19. (a) In General.--The Secretary of Veterans Affairs shall secure a medical opinion to determine if a service-connected disability was the principal or contributory cause of death before notifying the survivor of the final decision in any case in which all of the following factors are met: (1) A claim for compensation is filed under chapter 13 of title 38, Unites States Code, with respect to a veteran with one or more service-connected disabilities who dies. (2) The death certificate for the veteran identifies Coronavirus Disease 2019 (COVID-19) as the principal or contributory cause of death. (3) The death certificate does not clearly identify any of the service-connected disabilities of the veteran as the principal or contributory cause of death. (4) A service-connected disability of the veteran includes a condition more likely to cause severe illness from COVID-19 as determined by the Centers for Disease Control and Prevention. (5) The claimant is not entitled to benefits under section 1318 of such title. (6) The evidence to support the claim does not result in a preliminary finding in favor of the claimant. (b) Outreach.--The Secretary shall provide information to veterans, dependents, and veterans service organizations about applying to dependency and indemnity compensation when a veteran dies from COVID- 19. The Secretary shall provide such information through the website of the Department of Veterans Affairs and via other outreach mechanisms. Passed the Senate July 21, 2021. Attest: Secretary. 117th CONGRESS 1st Session S. 89 _______________________________________________________________________

H.R.1883

Immigration

Protect America First Act This bill temporarily bars noncitizens from entering the United States and addresses related issues. During the four-year period starting from this bill's enactment, any alien who unlawfully enters the United States at a port of entry without proof of citizenship shall be inadmissible. The bill requires the detention of certain aliens (generally, those not legally present in the United States) who have been charged with any crime resulting in the death or serious bodily injury of another. Furthermore, a state or local government shall be ineligible for certain federal assistance if that government has a law or policy that (1) violates certain laws about sharing immigration status information with federal officials, or (2) prohibits law enforcement from obtaining immigration status information from any individual. The bill also requires (1) the Department of the Treasury to establish a fund for a barrier along the U.S.-Mexico border, and (2) the Department of Homeland Security to construct such a barrier by December 31, 2021. The bill also reinstates certain immigration-related executive orders, including an order that generally barred nationals of certain countries (such as Somalia and Sudan) from entry, while rescinding other orders, including an order promoting access to voting for individuals legally entitled to vote. The bill also rescinds orders establishing the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs. (Generally, DACA defers the deportation of eligible aliens who entered the United States as minors, while DAPA is a similar program for the alien parents of U.S. citizens or permanent residents.)

To enact a moratorium on immigration, build the wall, prioritize securing the Southern border, repeal certain Executive orders which endanger the security of the United States, re-assert a zero-tolerance immigration policy, ensure the safe return of unaccompanied alien children, reduce human trafficking, deport criminal aliens, and end chain migration. 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; SEVERABILITY; DEFINITIONS. (a) This Act may be cited as the ``Protect America First Act''. (b) Table of Contents.--The table of contents of this Act are as follows: Sec. 1. Short title; table of contents; severability; definitions. Sec. 2. Purpose. Sec. 3. Findings. Sec. 4. Sense of Congress. Sec. 5. Reduced removal period for aliens ordered removed. Sec. 6. Temporary immigration moratorium; expedited deportation. Sec. 7. ICE detention of violent aliens. Sec. 8. No Federal funding for ``Sanctuary Cities''. Sec. 9. Empowering local law enforcement to ensure immigration security. Sec. 10. Build the wall. Sec. 11. Re-asserting zero-tolerance immigration policy. Sec. 12. Repeal of certain Executive orders signed after January 19, 2021. Sec. 13. Rescinding Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA). Sec. 14. Prohibition of financial aid to Mexico, Central American, and South American countries. (c) Severability.--If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. (d) Definitions.--In this Act: (1) ``Alien'' refers to anyone who is not a citizen or a national of the United States as defined in the Immigration and Nationality Act (INA) 101(a)(3), 8 U.S.C. 1101(a)(3). (2) ``Inadmissible Alien'' refers to any alien who is ineligible to receive visas or be lawfully admitted to the United States. (3) ``Central American country'' is defined as any of the following countries: Guatemala, Belize, El Salvador, Honduras, Nicaragua, Costa Rica, and Panama. (4) ``South American country'' is defined as any of the following countries: Brazil, Argentina, Peru, Columbia, Bolivia, Venezuela, Chile, Paraguay, Ecuador, Guyana, Uruguay, Suriname, and French Guiana. SEC. 2. PURPOSE. It is the purpose of this Act to cease all foreign immigration to the United States for a period of four years until the border is secured and Americans can return to work. It is also the purpose of this Act to repeal certain Executive orders which endanger the security of the United States, re-assert a zero-tolerance immigration policy, ensure the safe return of unaccompanied alien children, reduce human trafficking, deport criminal aliens, and end chain migration. SEC. 3. FINDINGS. Congress finds the following: (1) The Constitution gives Congress absolute power to create a uniform rule of naturalization under Article I, Section 8, Clause 4. (2) Between 2013 and 2014, the number of unaccompanied children apprehended at the border increased nearly 80 percent, from 38,759 in fiscal year 2013 (October 2012-September 2013) to 68,541 in fiscal year 2014 (October 2013-September 2014). (3) The New York Times concluded that the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110-457, hereafter ``Wilberforce Act'') enacted during the transition to the Obama administration was at the root of the calamitous flow of unaccompanied minors to the Nation's southern border in 2014. (4) According to Cable News Network (CNN), the Wilberforce Act contributed to the surge of child migrants from Central America by preventing the United States from sending the children back without an asylum hearing. (5) According to then-Presidential Candidate Biden, it is a ``moral failing when children are locked away in overcrowded detention centers''. (6) According to the Los Angeles Times, President Obama's Administration, under the leadership of Vice President Joe Biden, Homeland Security Secretary Jeh Johnson and Deputy Secretary Alejandro Mayorkas, built the overcrowded detention centers (so-called ``cages''). (7) President Biden has made the following actions concerning immigration: (A) Revoked President Trump's travel ban (Executive Order 13780) and allowed visa processing to begin again. (B) Stopped all construction of a Southern border wall and started the process to redirect the funds appropriated for building a border wall. (C) Given Federal agencies the power to completely overhaul President Trump's immigration policies (Executive Order 13993). (D) Declared that Federal agents can no longer deputize local law enforcement to assist at the border when they are overwhelmed (Executive Order 13993). (E) Directed the Department of Homeland Security to preserve and fortify DACA. (F) Directed the Department of Homeland Security to expand pathways for individuals from the Northern Triangle to enter the United States, including by chain migration, and reintroduces ``catch and release'' immigration practices (Executive Order 14010). (G) Stopped President Trump's efforts to halt immigration in order to slow the spread of COVID-19 (Executive Order 14010). (H) Targeted President Trump's Migration Protection Protocols for probable recission so that asylum seekers can enter more easily (Executive Order 14010). (8) President Trump supported deporting all undocumented immigrants (``inadmissible aliens'') and called for an end to unnaturalized birthright citizenship in the United States. (9) According to the BBC, border detentions significantly increased under the Trump Administration. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that: (1) The legal immigration system of the United States should be curtailed to those that can contribute not only economically but have demonstrated respect for this Nation's culture and rule of law. (2) America's borders must be defended, and illegal immigration must be stopped without exception. (3) A measure of a country's greatness is the value recognized in being a citizen. As such, America cannot tarnish the citizenship designation by rewarding those who fail to follow the laws at the expense of those who do. (4) Amnesty must be rejected in all forms. (5) Unnaturalized birthright citizenship--which actively encourages hostile interests to undermine the legitimacy of democratic self-governance by engaging in subversive ``birth tourism'' and chain migration--is contrary to the intent of the 14th Amendment to the Constitution. (6) Federally imposed refugee resettlement programs should be rejected due both to disruption to local communities and the corruption rampant within these programs. SEC. 5. REDUCED REMOVAL PERIOD FOR ALIENS ORDERED REMOVED. Title 8 U.S.C. 1231(a)(1)(A) is amended by striking ``90 days'' and inserting ``30 days''. SEC. 6. TEMPORARY IMMIGRATION MORATORIUM; EXPEDITED DEPORTATION. Title 8, United States Code, is amended by adding at the end the following new section: ``SEC. 1383. TEMPORARY MORATORIUM OF IMMIGRATION; RAPID DEPORTATION. ``(a) Notwithstanding any other provision of law, following the date of enactment of this Act, any alien who unlawfully enters the United States without a valid passport or other proof of U.S. Citizenship at a port of entry shall be treated as an `inadmissible alien' under 8 U.S.C. 1182(a) and under a removal order from the Attorney General as prescribed at 8 U.S.C. 1231(a)(1)(A). ``(b) Further, such inadmissible aliens shall also be-- ``(1) assumed to fall under the communicable disease- carrying health-related status (8 U.S.C. 1182(1)(A)(i)); and ``(2) be subject to immediate detention and deportation (as though already ordered by the Attorney General at 8 U.S.C. 1231(a)(1)(A)) to their country of origin within 30 days of being detained by a United States law enforcement or Homeland Security officer. ``(c) Further, such inadmissible aliens who are detained after January 1, 2021, shall not be required to appear before an immigration judge for adjudication pursuant to the procedures outlined in 8 U.S.C. 1229(a) and 8 U.S.C. 1229. ``(d) Further, such removal proceedings under 1229(a) shall be used to adjudicate asylum and immigration claims filed before January 1, 2021. ``(e) Further, such inadmissible aliens as described in this section shall, under no circumstances, be released from law enforcement custody while awaiting deportation. ``(f) Time Limitation.--This section shall apply for 4 calendar years following the date of enactment of this Act.''. SEC. 7. ICE DETENTION OF VIOLENT ALIENS. (a) Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraphs (A) and (B), by striking the comma at the end of each subparagraph and inserting a semicolon; (B) in subparagraph (C)-- (i) by striking ``sentence'' and inserting ``sentenced''; and (ii) by striking ``, or'' and inserting a semicolon; (C) in subparagraph (D), by striking the comma at the end and inserting ``; or''; and (D) by inserting after subparagraph (D) the following: ``(E)(i)(I) was not inspected and admitted into the United States; ``(II) held a nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) that has been revoked under section 221(i); or ``(III) is described in section 237(a)(1)(C)(i); and ``(ii) has been charged by a prosecuting authority in the United States with any crime that resulted in the death or serious bodily injury (as defined in section 1365(h)(3) of title 18, United States Code) of another person,''; and (2) by adding at the end the following: ``(3) Notification requirement.--Upon encountering or gaining knowledge of an alien described in paragraph (1), the Assistant Secretary of Homeland Security for Immigration and Customs Enforcement shall make reasonable efforts-- ``(A) to obtain information from law enforcement agencies and from other available sources regarding the identity of any victims of the crimes for which such alien was charged or convicted; and ``(B) to provide the victim or, if the victim is deceased, a parent, guardian, spouse, or closest living relative of such victim, with information, on a timely and ongoing basis, including-- ``(i) the alien's full name, aliases, date of birth, and country of nationality; ``(ii) the alien's immigration status and criminal history; ``(iii) the alien's custody status and any changes related to the alien's custody; and ``(iv) a description of any efforts by the United States Government to remove the alien from the United States.''. (b) Savings Provision.--Nothing in this Act, or the amendments made by this Act, may be construed to limit the rights of crime victims under any other provision of law, including section 3771 of title 18, United States Code. SEC. 8. NO FEDERAL FUNDING FOR ``SANCTUARY CITIES''. Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the following: ``(7) A State (or a political subdivision of a State) shall not be eligible to enter into a contractual arrangement under paragraph (1) if the State (or political subdivision)-- ``(A) has in effect any law, policy, or procedure in contravention of subsection (a) or (b) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); or ``(B) prohibits State or local law enforcement officials from gathering information regarding the citizenship or immigration status, lawful or unlawful, of any individual.''. (a) Limitation on DOJ Grant Programs.-- (1) Cops.--In the case of a State or unit of local government that received a grant award under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.), if, during a fiscal year, that State or local government is a State or local government described in subsection (c), the Attorney General shall withhold all of the amount that would otherwise be awarded to that State or unit of local government for the following fiscal year. (2) Byrne-JAG.--In the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), if, during a fiscal year, that State or unit of local government is described in subsection (c), the Attorney General shall withhold all of the amount that would otherwise be awarded to that State or unit of local government for the following fiscal year. (3) States and local governments described.--A State or unit of local government described in this subsection is any State or local government that-- (A) has in effect any law, policy, or procedure in contravention of subsection (a) or (b) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); or (B) prohibits State or local law enforcement officials from gathering information regarding the citizenship or immigration status, lawful or unlawful, of any individual. SEC. 9. EMPOWERING LOCAL LAW ENFORCEMENT TO ENSURE IMMIGRATION SECURITY. (a) Federal Affirmation of Assistance in the Immigration Law Enforcement by States and Political Subdivisions of States.-- Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State, or of a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purposes of assisting in the enforcement of the immigration laws of the United States in the course of carrying out routine duties. This State authority has never been displaced or preempted by Congress. (b) State Authorization for Assistance in the Enforcement of Immigration Laws Encouraged.-- (1) In general.--Effective on the enactment date of this Act, a State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not receive any of the funds that would otherwise be allocated to the State under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)). (2) Construction.--Nothing in this section shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense. (3) Reallocation of funds.--Any funds that are not allocated to a State, or to a political subdivision of a State, due to the failure of the State, or of the political subdivision of the State, to comply with subsection (a) shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. (c) Listing of Immigration Violators in the National Crime Information Center Database.-- (1) Provision of information to the ncic.--Not later than 180 days after the date of the enactment of this Act and periodically thereafter as updates may require, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide the National Crime Information Center of the Department of Justice with such information as the Under Secretary may possess regarding any aliens against whom a final order of removal has been issued, any aliens who have signed a voluntary departure agreement, any aliens who have overstayed their authorized period of stay, and any aliens whose visas have been revoked. The National Crime Information Center shall enter such information into the Immigration Violators File of the National Crime Information Center database, regardless of whether-- (A) the alien concerned received notice of a final order of removal; (B) the alien concerned has already been removed; or (C) sufficient identifying information is available with respect to the alien concerned. (2) Inclusion of information in the ncic database.-- (A) In general.--Section 534(a) of title 28, United States Code, is amended-- (i) in paragraph (3), by striking ``and'' at the end; (ii) by redesignating paragraph (4) as paragraph (5); and (iii) by inserting after paragraph (3) the following new paragraph: ``(4) acquire, collect, classify, and preserve records of violations by aliens of the immigration laws of the United States, regardless of whether any such alien has received notice of the violation or whether sufficient identifying information is available with respect to any such alien and even if any such alien has already been removed from the United States; and''. (B) Effective date.--The Attorney General shall ensure that the amendment made by paragraph (1) is implemented by not later than 6 months after the date of the enactment of this Act. (d) State and Local Law Enforcement Provision of Information About Apprehended Aliens.-- (1) Provision of information.--In compliance with section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and each political subdivision of a State, shall provide the Secretary of Homeland Security in a timely manner with the information specified in subsection (b) with respect to each alien apprehended in the jurisdiction of the State, or in the political subdivision of the State, who is believed to be in violation of the immigration laws of the United States. (2) Information required.--The information referred to in subsection (a) is as follows: (A) The alien's name. (B) The alien's address or place of residence. (C) A physical description of the alien. (D) The date, time, and location of the encounter with the alien and reason for stopping, detaining, apprehending, or arresting the alien. (E) If applicable, the alien's driver's license number and the State of issuance of such license. (F) If applicable, the type of any other identification document issued to the alien, any designation number contained on the identification document, and the issuing entity for the identification document. (G) If applicable, the license plate number, make, and model of any automobile registered to, or driven by, the alien. (H) A photo of the alien, if available or readily obtainable. (I) The alien's fingerprints, if available or readily obtainable. (3) Annual report on reporting.--The Secretary shall maintain and annually submit to Congress a detailed report listing the States, or the political subdivisions of States, that have provided information under subsection (d)(1) in the preceding year. (4) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (d)(1). (5) Authorization of appropriations.--There are authorized to be appropriated to the Secretary $200,000,000 to remain available until expended to carry out this section. (6) Construction.--Nothing in this section shall require law enforcement officials of a State, or of a political subdivision of a State, to provide the Secretary of Homeland Security with information related to a victim of a crime or witness to a criminal offense. (e) Financial Assistance to State and Local Police Agencies That Assist in the Enforcement of Immigration Laws.-- (1) Grants for special equipment for housing and processing certain aliens.--From amounts made available to make grants under this section, the Secretary of Homeland Security shall make grants to States, and to political subdivisions of States, for procurement of equipment, technology, facilities, and other products that facilitate and are directly related to investigating, apprehending, arresting, detaining, or transporting aliens who have violated the immigration laws of the United States, including additional administrative costs incurred under this Act. (2) Eligibility.--To be eligible to receive a grant under this section, a State, or a political subdivision of a State, must have the authority to, and shall have a written policy and a practice to, assist in the enforcement of the immigration laws of the United States in the course of carrying out the routine law enforcement duties of such State or political subdivision of a State. Entities covered under this section may not have any policy or practice that prevents local law enforcement from inquiring about a suspect's immigration status. (3) Funding.--There are authorized to be appropriated to the Secretary for grants under this section $200,000,000 for fiscal year 2021 and each subsequent fiscal year. (4) GAO audit.--Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of funds distributed to States, and to political subdivisions of a State, under subsection (e)(1). (f) Federal Custody of Aliens Unlawfully Present in the United States Apprehended by State or Local Law Enforcement.-- (1) State apprehension.-- (A) In general.--Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 240C the following: ``custody of aliens unlawfully present in the united states ``Sec. 240D. (a) Transfer of Custody by State and Local Officials.--If a State, or a political subdivision of the State, exercising authority with respect to the apprehension or arrest of an alien who is unlawfully present in the United States submits to the Secretary of Homeland Security a request that the alien be taken into Federal custody, the Secretary-- ``(1) not later than 48 hours after the conclusion of the State, or the political subdivision of a State, charging process or dismissal process, or if no State or political subdivision charging or dismissal process is required, not later than 48 hours after the alien is apprehended, shall take the alien into the custody of the Federal Government and incarcerate the alien; or ``(2) shall request that the relevant State or local law enforcement agency temporarily incarcerate or transport the alien for transfer to Federal custody. ``(b) Policy on Detention in State and Local Detention Facilities.--In carrying out section 241(g)(1), the Attorney General or the Secretary of Homeland Security shall ensure that an alien arrested under this Act shall be detained, pending the alien's being taken for the examination under this section, in a State or local prison, jail, detention center, or other comparable facility. Notwithstanding any other provision of law or regulation, such facility is adequate for detention, if-- ``(1) such a facility is the most suitably located Federal, State, or local facility available for such purpose under the circumstances; ``(2) an appropriate arrangement for such use of the facility can be made; and ``(3) such facility satisfies the standards for the housing, care, and security of persons held in custody of a United States marshal. ``(c) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable expenses, as determined by the Secretary, incurred by the State, or political subdivision, as a result of the incarceration and transportation of an alien who is unlawfully present in the United States as described in subparagraphs (A) and (B) of subsection (a)(1). Compensation provided for costs incurred under such subparagraphs shall be the average cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State, or of a political subdivision of a State, plus the cost of transporting the alien from the point of apprehension to the place of detention, and to the custody transfer point if the place of detention and place of custody are different. ``(d) Secure Facilities.--The Secretary of Homeland Security shall ensure that aliens incarcerated in Federal facilities pursuant to this Act are held in facilities that provide an appropriate level of security. ``(e) Transfer.-- ``(1) In general.--In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of States, and political subdivisions of a State, to Federal custody. ``(2) Contracts.--The Secretary may enter into contracts, including appropriate private contracts, to implement this subsection. ``(f) Definition.--For purposes of this section, the term `alien who is unlawfully present in the United States' means an alien who-- ``(1) entered the United States without inspection or at any time, manner or place other than that designated by the Secretary of Homeland Security; ``(2) was admitted as a nonimmigrant and who, at the time the alien was taken into custody by the State, or a political subdivision of the State, had failed to-- ``(A) maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or ``(B) comply with the conditions of any such status; ``(3) was admitted as an immigrant and has subsequently failed to comply with the requirements of that status; or ``(4) failed to depart the United States under a voluntary departure agreement or under a final order of removal.''. (B) Clerical amendment.--The table of contents of such Act is amended by inserting after the item relating to section 240C the following new item: ``SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.''. (2) GAO audit.--Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of compensation to States, and to political subdivisions of a State, for the incarceration of aliens unlawfully present in the United States under section 240D(a) of the Immigration and Nationality Act (as added by subsection (a)(1)). (g) Immunity.-- (1) Personal immunity.--Notwithstanding any other provision of law, a law enforcement officer of a State or local law enforcement agency who is acting within the scope of the officer's official duties shall be immune, to the same extent as a Federal law enforcement officer, from personal liability arising out of the performance of any duty described in this Act. (2) Agency immunity.--Notwithstanding any other provision of law, a State or local law enforcement agency shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any immigration law, except to the extent a law enforcement officer of such agency committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law. (h) Institutional Removal Program.-- (1) Continuation and expansion.-- (A) In general.--The Secretary of Homeland Security shall continue to operate and implement the program known as the Institutional Removal Program (IRP) which-- (i) identifies removable criminal aliens in Federal and State correctional facilities; (ii) ensures such aliens are not released into the community; and (iii) removes such aliens from the United States after the completion of their sentences. (B) Expansion.--The Institutional Removal Program shall be extended to all States. Any State that receives Federal funds for the incarceration of criminal aliens shall-- (i) cooperate with officials of the Institutional Removal Program; (ii) expeditiously and systematically identify criminal aliens in its prison and jail populations; and (iii) promptly convey such information to officials of such Program as a condition of receiving such funds. (2) Authorization for detention after completion of state or local prison sentence.--Law enforcement officers of a State, or of a political subdivision of a State, are authorized to-- (A) hold a criminal alien for a period of up to 14 days after the alien has completed the alien's State prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States; or (B) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until personnel from United States Immigration and Customs Enforcement can take the alien into custody. SEC. 10. BUILD THE WALL. (a) Establishment of Fund.--At the end of subchapter III of chapter 33 of title 31, United States Code, insert the following: ``SEC. 3344. SECURE THE SOUTHERN BORDER FUND. ``(a) In General.--Not later than 30 days after the date of enactment of this section, the Secretary of the Treasury shall establish an account in the Treasury of the United States, to be known as the `Secure the Southern Border Fund', into which funds shall be deposited in accordance with subsections (c) and (d) below. ``(b) Appropriation.--Funds deposited in the Secure the Southern Border Fund shall be available until expended. Such funds are authorized to be appropriated, and are appropriated, to the Secretary of Homeland Security only-- ``(1) to plan, design, construct, or maintain a barrier along the international border between the United States and Mexico; and ``(2) to purchase and maintain necessary vehicles and equipment for U.S. Border Patrol agents. ``(c) Limitation.--Not more than 5 percent of the funds deposited in the Secure the Southern Border Fund may be used for the purpose described in subsection (b)(2). ``(d) Initial Authorization of Appropriation.--There is authorized to be appropriated $22,000,000,000 to the Secure the Southern Border Fund, to remain available until expended.''. (b) Construction of Border Wall.-- (1) Improvement of barriers at border.--Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (A) by amending subsection (a) to read as follows: ``(a) In General.--Not later than December 31, 2021, the Secretary of Homeland Security shall take such actions as may be necessary (including the removal of obstacles to detection of illegal entrants) to design, test, construct, and install physical barriers, roads, and technology along the international land border between the United States and Mexico to prevent illegal crossings in all areas.''; (B) in subsection (b)-- (i) in paragraph (1)-- (I) in the paragraph heading, by striking ``Additional fencing'' and inserting ``Fencing''; (II) by striking subparagraph (A) and inserting the following: ``(A) Physical barriers.--In carrying out subsection (a), the Secretary of Homeland Security shall construct physical barriers, including secondary barriers in locations where there is already a fence, along the international land border between the United States and Mexico that will prevent illegal entry and will assist in gaining operational control of the border (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109- 367)).''; (III) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (IV) in subparagraph (B), as so redesignated-- (aa) by striking clause (i) and inserting the following: ``(i) In general.--In carrying out this section, the Secretary of Homeland Security shall, before constructing physical barriers in a specific area or region, consult with the Secretary of the Interior, the Secretary of Agriculture, appropriate Federal, State, local, and tribal governments, and appropriate private property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed. Nothing in this paragraph should be construed to limit the Secretary of Homeland Security's authority to move forward with construction after consultation.''; (bb) by redesignating clause (ii) as clause (iii); and (cc) by inserting after clause (i), as amended, the following new clause: ``(ii) Notification.--Not later than 60 days after the consultation required under clause (i), the Secretary of Homeland Security shall notify the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of the type of physical barriers, tactical infrastructure, or technology the Secretary has determined is most practical and effective to achieve situational awareness and operational control in a specific area or region and the other alternatives the Secretary considered before making such a determination.''; and (V) by striking subparagraph (C), as so redesignated, and inserting the following: ``(C) Limitation on requirements.--Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, or roads, in a particular location along the international border between the United States and Mexico, if the Secretary determines that there is a pre-existing geographical barrier or pre-constructed, impenetrable wall. The Secretary must notify the House and Senate Committees on the Judiciary, the House Committee on Homeland Security, and the Senate Committee on Homeland Security and Governmental Affairs of any decision not to install fencing in accordance with this provision within 30 days of a determination being made.''; (C) in paragraph (2)-- (i) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (ii) by striking ``fences'' and inserting ``physical barriers and roads''; (D) in paragraph (3)-- (i) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (ii) by striking ``additional fencing'' and inserting ``physical barriers and roads''; and (E) in subsection (c), by amending paragraph (1) to read as follows: ``(1) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements the Secretary, in the Secretary's sole discretion, determines necessary to ensure the expeditious design, testing, construction, installation, deployment, operation, and maintenance of physical barriers, roads, and technology under this section. Any such decision by the Secretary shall be effective upon publication in the Federal Register.''. (c) Achieving Operational Control on the Border.--Subsection (a) of section 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note) is amended, in the matter preceding paragraph (1), by striking ``18 months after the date of the enactment of this Act'' and inserting ``December 31, 2021''. (d) In General.--The Southern border barrier (``wall'') shall be referred to as the ``President Donald J. Trump Wall.'' SEC. 11. RE-ASSERTING ZERO-TOLERANCE IMMIGRATION POLICY. (a) In General.--Notwithstanding any executive action to the contrary, the following executive declarations and orders shall be the policy of the United States and have the force of law upon the enactment date of this Act: (1) Executive Order 13767. (2) Executive Order 13768. (3) Executive Order 13780. (4) Executive Order 13788. (5) Executive Order 13802. (6) Presidential Memorandum, Issued April 6, 2018, ending ``Catch-and-Release''. (7) Department of Justice Zero-Tolerance Policy, Adopted April 6, 2018. (8) Department of Homeland Security Migrant Protection Protocols, Issued January 24, 2019. (9) Proclamation 9844, February 15, 2019. (10) Executive Order 13888. (11) Orders from the Centers for Disease Control, issued October 10, 2020. SEC. 12. REPEAL OF CERTAIN EXECUTIVE ORDERS SIGNED AFTER JANUARY 19, 2021. (a) In General.--Notwithstanding any executive action to the contrary, the following executive declarations, proclamations, and orders are hereby null and void: (1) Proclamation 10141. (2) Proclamation 10142. (3) Executive Order 13993. (4) Memorandum from Acting Secretary of the Department of Homeland Security, issued January 20, 2021. (5) Memorandum on Deferred Action for Childhood Arrivals (DACA) issued January 20, 2021. (6) Executive Order 14010. (7) Executive Order 14011. (8) Executive Order 14012. (9) Executive Order on Promoting Access to Voting, issued March 7, 2021. SEC. 13. RESCINDING DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) AND DEFERRED ACTION FOR PARENTAL ACCOUNTABILITY (DAPA). (a) In General.--The following executive memoranda are hereby rescinded: (1) Memorandum from the Department of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children'', issued June 15, 2012. (2) Memorandum from the Department of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'', issued November 20, 2014. SEC. 14. PROHIBITION OF FINANCIAL AID TO MEXICO, CENTRAL AMERICAN, AND SOUTH AMERICAN COUNTRIES. (a) In General.--Prohibition of Federal Disbursement of Funds to Certain Countries Whose Citizens Are Detained and Deported as Inadmissible Aliens under this Act: (1) None of the funds authorized to be appropriated in fiscal year 2021 or any fiscal year thereafter shall be disbursed to Mexico, or any Central American or South American country, or political subdivision thereof, or any public or private organization, or person therein residing, or business therein incorporated, whose citizens--either naturalized or conferred--are detained and removed as ``inadmissible aliens'' under Sections 5, 6, or 7 of this Act following the enactment of this Act. <all>

Protect America First Act

To enact a moratorium on immigration, build the wall, prioritize securing the Southern border, repeal certain Executive orders which endanger the security of the United States, re-assert a zero-tolerance immigration policy, ensure the safe return of unaccompanied alien children, reduce human trafficking, deport criminal aliens, and end chain migration.

Protect America First Act

Rep. Greene, Marjorie Taylor

R

GA

This bill temporarily bars noncitizens from entering the United States and addresses related issues. During the four-year period starting from this bill's enactment, any alien who unlawfully enters the United States at a port of entry without proof of citizenship shall be inadmissible. The bill requires the detention of certain aliens (generally, those not legally present in the United States) who have been charged with any crime resulting in the death or serious bodily injury of another. Furthermore, a state or local government shall be ineligible for certain federal assistance if that government has a law or policy that (1) violates certain laws about sharing immigration status information with federal officials, or (2) prohibits law enforcement from obtaining immigration status information from any individual. The bill also requires (1) the Department of the Treasury to establish a fund for a barrier along the U.S.-Mexico border, and (2) the Department of Homeland Security to construct such a barrier by December 31, 2021. The bill also reinstates certain immigration-related executive orders, including an order that generally barred nationals of certain countries (such as Somalia and Sudan) from entry, while rescinding other orders, including an order promoting access to voting for individuals legally entitled to vote. The bill also rescinds orders establishing the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) programs. (Generally, DACA defers the deportation of eligible aliens who entered the United States as minors, while DAPA is a similar program for the alien parents of U.S. citizens or permanent residents.)

SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; DEFINITIONS. 1. Purpose. Sense of Congress. Reduced removal period for aliens ordered removed. Temporary immigration moratorium; expedited deportation. ICE detention of violent aliens. No Federal funding for ``Sanctuary Cities''. Empowering local law enforcement to ensure immigration security. Build the wall. Re-asserting zero-tolerance immigration policy. Sec. Prohibition of financial aid to Mexico, Central American, and South American countries. (c) Severability.--If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. 2. 3. (8) President Trump supported deporting all undocumented immigrants (``inadmissible aliens'') and called for an end to unnaturalized birthright citizenship in the United States. (2) America's borders must be defended, and illegal immigration must be stopped without exception. 5. 1231(a)(1)(A) is amended by striking ``90 days'' and inserting ``30 days''. 6. 1229. 7. (a) Section 236(c) of the Immigration and Nationality Act (8 U.S.C. ), if, during a fiscal year, that State or unit of local government is described in subsection (c), the Attorney General shall withhold all of the amount that would otherwise be awarded to that State or unit of local government for the following fiscal year. 9. (B) Effective date.--The Attorney General shall ensure that the amendment made by paragraph (1) is implemented by not later than 6 months after the date of the enactment of this Act. (C) A physical description of the alien. (4) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (d)(1). ``(2) Contracts.--The Secretary may enter into contracts, including appropriate private contracts, to implement this subsection. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.''. Any State that receives Federal funds for the incarceration of criminal aliens shall-- (i) cooperate with officials of the Institutional Removal Program; (ii) expeditiously and systematically identify criminal aliens in its prison and jail populations; and (iii) promptly convey such information to officials of such Program as a condition of receiving such funds. 10. ``(b) Appropriation.--Funds deposited in the Secure the Southern Border Fund shall be available until expended. 11. (4) Executive Order 13788. (5) Memorandum on Deferred Action for Childhood Arrivals (DACA) issued January 20, 2021. (2) Memorandum from the Department of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'', issued November 20, 2014. 14.

SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; DEFINITIONS. 1. Purpose. Sense of Congress. Reduced removal period for aliens ordered removed. ICE detention of violent aliens. No Federal funding for ``Sanctuary Cities''. Empowering local law enforcement to ensure immigration security. Build the wall. Re-asserting zero-tolerance immigration policy. Sec. Prohibition of financial aid to Mexico, Central American, and South American countries. (c) Severability.--If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. 2. 3. (8) President Trump supported deporting all undocumented immigrants (``inadmissible aliens'') and called for an end to unnaturalized birthright citizenship in the United States. 5. 1231(a)(1)(A) is amended by striking ``90 days'' and inserting ``30 days''. 6. 7. (a) Section 236(c) of the Immigration and Nationality Act (8 U.S.C. ), if, during a fiscal year, that State or unit of local government is described in subsection (c), the Attorney General shall withhold all of the amount that would otherwise be awarded to that State or unit of local government for the following fiscal year. 9. (B) Effective date.--The Attorney General shall ensure that the amendment made by paragraph (1) is implemented by not later than 6 months after the date of the enactment of this Act. (4) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (d)(1). ``(2) Contracts.--The Secretary may enter into contracts, including appropriate private contracts, to implement this subsection. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.''. 10. ``(b) Appropriation.--Funds deposited in the Secure the Southern Border Fund shall be available until expended. (4) Executive Order 13788. (5) Memorandum on Deferred Action for Childhood Arrivals (DACA) issued January 20, 2021.

SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; DEFINITIONS. 1. Purpose. Sense of Congress. Reduced removal period for aliens ordered removed. Temporary immigration moratorium; expedited deportation. ICE detention of violent aliens. No Federal funding for ``Sanctuary Cities''. Empowering local law enforcement to ensure immigration security. Build the wall. Re-asserting zero-tolerance immigration policy. Sec. Prohibition of financial aid to Mexico, Central American, and South American countries. (c) Severability.--If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. 2. 3. (8) President Trump supported deporting all undocumented immigrants (``inadmissible aliens'') and called for an end to unnaturalized birthright citizenship in the United States. (2) America's borders must be defended, and illegal immigration must be stopped without exception. 5. 1231(a)(1)(A) is amended by striking ``90 days'' and inserting ``30 days''. 6. 1229. 7. (a) Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 3796dd et seq. ), if, during a fiscal year, that State or unit of local government is described in subsection (c), the Attorney General shall withhold all of the amount that would otherwise be awarded to that State or unit of local government for the following fiscal year. 9. (B) Effective date.--The Attorney General shall ensure that the amendment made by paragraph (1) is implemented by not later than 6 months after the date of the enactment of this Act. (C) A physical description of the alien. (E) If applicable, the alien's driver's license number and the State of issuance of such license. (4) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (d)(1). ``(d) Secure Facilities.--The Secretary of Homeland Security shall ensure that aliens incarcerated in Federal facilities pursuant to this Act are held in facilities that provide an appropriate level of security. ``(2) Contracts.--The Secretary may enter into contracts, including appropriate private contracts, to implement this subsection. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.''. (g) Immunity.-- (1) Personal immunity.--Notwithstanding any other provision of law, a law enforcement officer of a State or local law enforcement agency who is acting within the scope of the officer's official duties shall be immune, to the same extent as a Federal law enforcement officer, from personal liability arising out of the performance of any duty described in this Act. Any State that receives Federal funds for the incarceration of criminal aliens shall-- (i) cooperate with officials of the Institutional Removal Program; (ii) expeditiously and systematically identify criminal aliens in its prison and jail populations; and (iii) promptly convey such information to officials of such Program as a condition of receiving such funds. 10. ``(b) Appropriation.--Funds deposited in the Secure the Southern Border Fund shall be available until expended. ``(d) Initial Authorization of Appropriation.--There is authorized to be appropriated $22,000,000,000 to the Secure the Southern Border Fund, to remain available until expended.''. ''; and (V) by striking subparagraph (C), as so redesignated, and inserting the following: ``(C) Limitation on requirements.--Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, or roads, in a particular location along the international border between the United States and Mexico, if the Secretary determines that there is a pre-existing geographical barrier or pre-constructed, impenetrable wall. 11. (4) Executive Order 13788. (11) Orders from the Centers for Disease Control, issued October 10, 2020. (5) Memorandum on Deferred Action for Childhood Arrivals (DACA) issued January 20, 2021. (2) Memorandum from the Department of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'', issued November 20, 2014. 14.

SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; DEFINITIONS. 1. Purpose. Findings. Sense of Congress. Reduced removal period for aliens ordered removed. Temporary immigration moratorium; expedited deportation. ICE detention of violent aliens. No Federal funding for ``Sanctuary Cities''. Empowering local law enforcement to ensure immigration security. Build the wall. Re-asserting zero-tolerance immigration policy. Sec. Prohibition of financial aid to Mexico, Central American, and South American countries. (c) Severability.--If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. 2. 3. (8) President Trump supported deporting all undocumented immigrants (``inadmissible aliens'') and called for an end to unnaturalized birthright citizenship in the United States. (2) America's borders must be defended, and illegal immigration must be stopped without exception. 5. 1231(a)(1)(A) is amended by striking ``90 days'' and inserting ``30 days''. 6. 1229. 7. (a) Section 236(c) of the Immigration and Nationality Act (8 U.S.C. (a) Limitation on DOJ Grant Programs.-- (1) Cops.--In the case of a State or unit of local government that received a grant award under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq. ), if, during a fiscal year, that State or unit of local government is described in subsection (c), the Attorney General shall withhold all of the amount that would otherwise be awarded to that State or unit of local government for the following fiscal year. 9. This State authority has never been displaced or preempted by Congress. (B) Effective date.--The Attorney General shall ensure that the amendment made by paragraph (1) is implemented by not later than 6 months after the date of the enactment of this Act. (C) A physical description of the alien. (E) If applicable, the alien's driver's license number and the State of issuance of such license. (F) If applicable, the type of any other identification document issued to the alien, any designation number contained on the identification document, and the issuing entity for the identification document. (4) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (d)(1). ``(d) Secure Facilities.--The Secretary of Homeland Security shall ensure that aliens incarcerated in Federal facilities pursuant to this Act are held in facilities that provide an appropriate level of security. ``(2) Contracts.--The Secretary may enter into contracts, including appropriate private contracts, to implement this subsection. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.''. (g) Immunity.-- (1) Personal immunity.--Notwithstanding any other provision of law, a law enforcement officer of a State or local law enforcement agency who is acting within the scope of the officer's official duties shall be immune, to the same extent as a Federal law enforcement officer, from personal liability arising out of the performance of any duty described in this Act. Any State that receives Federal funds for the incarceration of criminal aliens shall-- (i) cooperate with officials of the Institutional Removal Program; (ii) expeditiously and systematically identify criminal aliens in its prison and jail populations; and (iii) promptly convey such information to officials of such Program as a condition of receiving such funds. 10. ``(b) Appropriation.--Funds deposited in the Secure the Southern Border Fund shall be available until expended. ``(d) Initial Authorization of Appropriation.--There is authorized to be appropriated $22,000,000,000 to the Secure the Southern Border Fund, to remain available until expended.''. 1701 note; Public Law 109- 367)). ''; (bb) by redesignating clause (ii) as clause (iii); and (cc) by inserting after clause (i), as amended, the following new clause: ``(ii) Notification.--Not later than 60 days after the consultation required under clause (i), the Secretary of Homeland Security shall notify the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of the type of physical barriers, tactical infrastructure, or technology the Secretary has determined is most practical and effective to achieve situational awareness and operational control in a specific area or region and the other alternatives the Secretary considered before making such a determination. ''; and (V) by striking subparagraph (C), as so redesignated, and inserting the following: ``(C) Limitation on requirements.--Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, or roads, in a particular location along the international border between the United States and Mexico, if the Secretary determines that there is a pre-existing geographical barrier or pre-constructed, impenetrable wall. 11. (4) Executive Order 13788. (9) Proclamation 9844, February 15, 2019. (11) Orders from the Centers for Disease Control, issued October 10, 2020. 12. (5) Memorandum on Deferred Action for Childhood Arrivals (DACA) issued January 20, 2021. 13. (2) Memorandum from the Department of Homeland Security entitled ``Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents'', issued November 20, 2014. 14.

S.2119

Foreign Trade and International Finance

Combating BDS Act of 2021 This bill allows a state or local government to adopt measures to divest its assets from entities using boycotts, divestments, or sanctions to influence Israel's policies. Such measures shall meet various requirements, including those related to written notice and comment. It also bars lawsuits against investment companies based solely on a company's decision to divest from entities that use boycotts, divestments, or sanctions to influence Israel's policies.

To provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, 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 ``Combating BDS Act of 2021''. SEC. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (a) State and Local Measures.--Notwithstanding any other provision of law, a State or local government may adopt and enforce measures that meet the requirements of subsection (c) to divest the assets of the State or local government from, prohibit investment of the assets of the State or local government in, or restrict contracting by the State or local government for goods and services with-- (1) an entity that the State or local government determines, using credible information available to the public, knowingly engages in an activity described in subsection (b); (2) a successor entity or subunit of an entity described in paragraph (1); or (3) an entity that owns or controls or is owned or controlled by an entity described in paragraph (1). (b) Activities Described.--An activity described in this subsection is a commerce-related or investment-related boycott, divestment, or sanctions activity in the course of interstate or international commerce that is intended to penalize, inflict economic harm on, or otherwise limit commercial relations with Israel or persons doing business in Israel or Israeli-controlled territories for purposes of coercing political action by, or imposing policy positions on, the Government of Israel. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. (2) Timing.--A measure relating to divestment or investment shall apply to an entity not earlier than the date that is 90 days after the date on which written notice is provided to the entity under paragraph (1). (3) Opportunity for comment.--In the case of a measure relating to divestment or investment, the State or local government shall provide an opportunity to comment in writing to each entity to which the measure is to be applied. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (4) Disclosure in contracting measures.--The State or local government may require, in a measure relating to contracting, that a prospective contractor disclose whether the prospective contractor or any entity related to the prospective contractor as described in paragraph (2) or (3) of subsection (a) knowingly engages in any activity described in subsection (b) before entering into a contract. (5) Sense of congress on avoiding erroneous targeting.--It is the sense of Congress that a State or local government should not adopt a measure under subsection (a) with respect to an entity unless the State or local government has made every effort to avoid erroneously targeting the entity and has verified that the entity engages in an activity described in subsection (b). (d) Notice to Department of Justice.-- (1) In general.--Except as provided in paragraph (2), not later than 30 days after adopting a measure described in subsection (a), the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (e) Nonpreemption.--A measure of a State or local government that is consistent with subsection (a) is not preempted by any Federal law. (f) Prior Enacted Measures.-- (1) In general.--Notwithstanding any other provision of this section or any other provision of law, and except as provided in paragraph (2), a State or local government may enforce a measure described in subsection (a) adopted by the State or local government before the date of the enactment of this Act without regard to the requirements of subsection (c). (2) Application of notice and opportunity for comment.-- Enforcement of a measure described in paragraph (1) shall be subject to the requirements of subsection (c) on and after the date that is 2 years after the date of the enactment of this Act. (g) Rules of Construction.-- (1) Authority of states.--Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the ``McCarran-Ferguson Act''). (2) Policy of the united states.--Nothing in this section shall be construed to alter the established policy of the United States concerning final status issues associated with the Palestinian-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties. (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (B) Exception.--The term ``assets'' does not include employee benefit plans covered by title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). (2) Entity.--The term ``entity'' includes-- (A) any corporation, company, business association, partnership, or trust; and (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))). (3) Investment.--The term ``investment'' includes-- (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. SEC. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. SEC. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines knowingly engages in any activity described in section 2(b), if-- (A) the fiduciary makes that determination using credible information that is available to the public; and (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with-- (i) a lower rate of return than alternative investments with commensurate degrees of risk; or (ii) a higher degree of risk than alternative investments with commensurate rates of return; and (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States. <all>

Combating BDS Act of 2021

A bill to provide for nonpreemption of measures by State and local governments to divest from entities that engage in certain boycott, divestment, or sanctions activities targeting Israel or persons doing business in Israel or Israeli-controlled territories, and for other purposes.

Combating BDS Act of 2021

Sen. Rubio, Marco

R

FL

This bill allows a state or local government to adopt measures to divest its assets from entities using boycotts, divestments, or sanctions to influence Israel's policies. Such measures shall meet various requirements, including those related to written notice and comment. It also bars lawsuits against investment companies based solely on a company's decision to divest from entities that use boycotts, divestments, or sanctions to influence Israel's policies.

SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2021''. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. 33, chapter 20; 15 U.S.C. 1011 et seq.) (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2021''. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. 1011 et seq.) (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

SHORT TITLE. This Act may be cited as the ``Combating BDS Act of 2021''. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. (3) Opportunity for comment.--In the case of a measure relating to divestment or investment, the State or local government shall provide an opportunity to comment in writing to each entity to which the measure is to be applied. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (g) Rules of Construction.-- (1) Authority of states.--Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines knowingly engages in any activity described in section 2(b), if-- (A) the fiduciary makes that determination using credible information that is available to the public; and (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with-- (i) a lower rate of return than alternative investments with commensurate degrees of risk; or (ii) a higher degree of risk than alternative investments with commensurate rates of return; and (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of 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 ``Combating BDS Act of 2021''. 2. NONPREEMPTION OF MEASURES BY STATE AND LOCAL GOVERNMENTS TO DIVEST FROM ENTITIES THAT ENGAGE IN CERTAIN BOYCOTT, DIVESTMENT, OR SANCTIONS ACTIVITIES TARGETING ISRAEL OR PERSONS DOING BUSINESS IN ISRAEL OR ISRAELI-CONTROLLED TERRITORIES. (c) Requirements.--A State or local government that seeks to adopt or enforce a measure under subsection (a) shall meet the following requirements: (1) Notice.--The State or local government shall provide written notice-- (A) in the case of a measure relating to divestment or investment, to each entity to which the measure is to be applied; and (B) in the case of a measure relating to contracting, of the restrictions imposed by the measure to each prospective contractor before entering into a contract. (3) Opportunity for comment.--In the case of a measure relating to divestment or investment, the State or local government shall provide an opportunity to comment in writing to each entity to which the measure is to be applied. If the entity demonstrates to the State or local government that neither the entity nor any entity related to the entity as described in paragraph (2) or (3) of subsection (a) has knowingly engaged in an activity described in subsection (b), the measure shall not apply to the entity. (2) Existing measures.--With respect to measures described in subsection (a) adopted before the date of the enactment of this Act, the State or local government that adopted the measure shall submit written notice to the Attorney General describing the measure not later than 30 days after the date of the enactment of this Act. (e) Nonpreemption.--A measure of a State or local government that is consistent with subsection (a) is not preempted by any Federal law. (g) Rules of Construction.-- (1) Authority of states.--Nothing in this section shall be construed to abridge the authority of a State to issue and enforce rules governing the safety, soundness, and solvency of a financial institution subject to its jurisdiction or the business of insurance pursuant to the Act of March 9, 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1011 et seq.) (commonly known as the ``McCarran-Ferguson Act''). (2) Policy of the united states.--Nothing in this section shall be construed to alter the established policy of the United States concerning final status issues associated with the Palestinian-Israeli conflict, including border delineation, that can only be resolved through direct negotiations between the parties. (h) Definitions.--In this section: (1) Assets.-- (A) In general.--Except as provided in subparagraph (B), the term ``assets'' means any pension, retirement, annuity, or endowment fund, or similar instrument, that is controlled by a State or local government. (3) Investment.--The term ``investment'' includes-- (A) a commitment or contribution of funds or property; (B) a loan or other extension of credit; and (C) the entry into or renewal of a contract for goods or services. (4) Knowingly.--The term ``knowingly'', with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (5) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (6) State or local government.--The term ``State or local government'' includes-- (A) any State and any agency or instrumentality thereof; (B) any local government within a State and any agency or instrumentality thereof; and (C) any other governmental instrumentality of a State or locality. 3. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET MANAGERS. 80a-13(c)(1)) is amended-- (1) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) knowingly engage in any activity described in section 2(b) of the Combating BDS Act of 2021.''. 4. SENSE OF CONGRESS REGARDING CERTAIN ERISA PLAN INVESTMENTS. It is the sense of Congress that-- (1) a fiduciary of an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)), may divest plan assets from, or avoid investing plan assets in, any person the fiduciary determines knowingly engages in any activity described in section 2(b), if-- (A) the fiduciary makes that determination using credible information that is available to the public; and (B) the fiduciary prudently determines that the result of that divestment or avoidance of investment would not be expected to provide the employee benefit plan with-- (i) a lower rate of return than alternative investments with commensurate degrees of risk; or (ii) a higher degree of risk than alternative investments with commensurate rates of return; and (2) by divesting assets or avoiding the investment of assets as described in paragraph (1), the fiduciary is not breaching the responsibilities, obligations, or duties imposed upon the fiduciary by subparagraph (A) or (B) of section 404(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1104(a)(1)). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to infringe upon any right protected under the First Amendment to the Constitution of the United States.

H.R.3648

Immigration

Equal Access to Green cards for Legal Employment Act of 2022 or the EAGLE Act of 2022 This bill modifies requirements related to employment-based visas and addresses related issues. The bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15% and eliminates the per-country cap for employment-based immigrant visas. The bill establishes transition rules for employment-based visas such as (1) reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability) and EB-3 (skilled and other workers) visas for individuals not from the two countries with the largest number of recipients of such visas, and (2) allotting a number of visas for professional nurses and physical therapists. The bill imposes additional requirements on an employer seeking an H-1B visa, such as prohibiting (1) an employer from advertising that a position is only open to H-1B applicants or that H-1B applicants are preferred, and (2) certain employers from having more than half of their employees as nonimmigrant visa workers. The Department of Labor shall create a publicly available website where an employer seeking an H-1B visa must post certain information about the open position. The bill also expands Labor's authority to review and investigate H-1B applications for fraud or misrepresentations. The bill also allows certain aliens to obtain lawful permanent resident status if the alien (1) is in the United States as a nonimmigrant, (2) has an approved immigrant visa petition, and (3) has waited at least two years for a visa.

To amend the Immigration and Nationality Act to eliminate the per- country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, 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 ``Equal Access to Green cards for Legal Employment Act of 2022'' or the ``EAGLE Act of 2022''. SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE. (a) In General.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended to read as follows: ``(2) Per country levels for family-sponsored immigrants.-- Subject to paragraphs (3) and (4), the total number of immigrant visas made available to natives of any single foreign state or dependent area under section 203(a) in any fiscal year may not exceed 15 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such section in that fiscal year.''. (b) Conforming Amendments.--Section 202 of such Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``both subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: ``(e) Special Rules for Countries at Ceiling.--If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas shall be allotted to such natives under section 203(a) (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visas made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total visas made available under the respective paragraph to the total visas made available under section 203(a).''. (c) Country-Specific Offset.--Section 2 of the Chinese Student Protection Act of 1992 (8 U.S.C. 1255 note) is amended-- (1) in subsection (a), by striking ``(as defined in subsection (e))''; (2) by striking subsection (d); and (3) by redesignating subsection (e) as subsection (d). (d) Application.--The amendments made by this section shall apply beginning on the date that is the first day of the second fiscal year beginning after the date of the enactment of this Act. (e) Transition Rules for Employment-Based Immigrants.-- Notwithstanding title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the following transition rules shall apply to employment-based immigrants, beginning on the date referred to in subsection (d): (1) Reserved visas for lower admission states.-- (A) In general.--For the first nine fiscal years after the date referred to in subsection (d), immigrant visas under each of paragraphs (2) and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall be reserved and allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas as follows: (i) For the first fiscal year after such date, 30 percent of such visas. (ii) For the second fiscal year after such date, 25 percent of such visas. (iii) For the third fiscal year after such date, 20 percent of such visas. (iv) For the fourth fiscal year after such date, 15 percent of such visas. (v) For the fifth and sixth fiscal years after such date, 10 percent of such visas. (vi) For the seventh, eighth, and ninth fiscal years after such date, 5 percent of such visas. (B) Additional reserved visas for new arrivals.-- For each of the first nine fiscal years after the date referred to in subsection (d), an additional 5.75 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) shall be allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas. Such additional visas shall be allocated in the following order of priority: (i) Family members accompanying or following to join.--Visas reserved under this subparagraph shall be allocated to family members described in section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d)) who are accompanying or following to join a principal beneficiary who is in the United States and has been granted an immigrant visa or adjustment of status to lawful permanent residence under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)). (ii) New principal arrivals.--If at the end of the second quarter of any fiscal year, the total number of visas reserved under this subparagraph exceeds the number of qualified immigrants described in clause (i), such visas may also be allocated, for the remainder of the fiscal year, to individuals (and their family members described in section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))) who are seeking an immigrant visa under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) to enter the United States as new immigrants, and who have not resided or worked in the United States at any point in the four- year period immediately preceding the filing of the immigrant visa petition. (iii) Other new arrivals.--If at the end of the third quarter of any fiscal year, the total number of visas reserved under this subparagraph exceeds the number of qualified immigrants described in clauses (i) and (ii), such visas may be also be allocated, for the remainder of the fiscal year, to other individuals (and their family members described in section 203(d) of the Immigration and Nationality Act (8 U.S.C. 1153(d))) who are seeking an immigrant visa under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)). (2) Reserved visas for shortage occupations.-- (A) In general.--For each of the first seven fiscal years after the date referred to in subsection (d), not fewer than 4,400 of the immigrant visas made available under section 203(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(3)), and not reserved under paragraph (1), shall be allocated to immigrants who are seeking admission to the United States to work in an occupation described in section 656.5(a) of title 20, Code of Federal Regulations (or any successor regulation). (B) Family members.--Family members who are accompanying or following to join a principal beneficiary described in subparagraph (A) shall be entitled to a visa in the same status and in the same order of consideration as such principal beneficiary, but such visa shall not be counted against the 4,400 immigrant visas reserved under such subparagraph. (3) Per-country levels.--For each of the first nine fiscal years after the date referred to in subsection (d)-- (A) not more than 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of visas reserved under paragraph (1) shall be allocated to immigrants who are natives of any single foreign state or dependent area; and (B) not more than 85 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) and not reserved under paragraph (1), may be allocated to immigrants who are native to any single foreign state or dependent area. (4) Special rule to prevent unused visas.--If, at the end of the third quarter of any fiscal year, the Secretary of State determines that the application of paragraphs (1) through (3) would result in visas made available under paragraph (2) or (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) going unused in that fiscal year, such visas may be allocated during the remainder of such fiscal year without regard to paragraphs (1) through (3). (5) Rules for chargeability and dependents.--Section 202(b) of the Immigration and Nationality Act (8 U.S.C. 1152(b)) shall apply in determining the foreign state to which an alien is chargeable, and section 203(d) of such Act (8 U.S.C. 1153(d)) shall apply in allocating immigrant visas to family members, for purposes of this subsection. (6) Determination of two foreign states or dependent areas with highest demand.--The two foreign states or dependent areas with the highest demand for immigrant visas, as referred to in this subsection, are the two foreign states or dependent areas with the largest aggregate number beneficiaries of petitions for an immigrant visa under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) that have been approved, but where an immigrant visa is not yet available, as determined by the Secretary of State, in consultation with the Secretary of Homeland Security. SEC. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR. (a) Department of Labor Website.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended by adding at the end the following: ``(6) For purposes of complying with paragraph (1)(C): ``(A) Not later than 180 days after the date of the enactment of the Equal Access to Green cards for Legal Employment Act of 2022, the Secretary of Labor shall establish a searchable internet website for posting positions in accordance with paragraph (1)(C) that is available to the public without charge, except that the Secretary may delay the launch of such website for a single period identified by the Secretary by notice in the Federal Register that shall not exceed 30 days. ``(B) The Secretary may work with private companies or nonprofit organizations to develop and operate the internet website described in subparagraph (A). ``(C) The Secretary shall promulgate rules, after notice and a period for comment, to carry out this paragraph.''. (b) Publication Requirement.--The Secretary of Labor shall submit to Congress, and publish in the Federal Register and in other appropriate media, a notice of the date on which the internet website required under section 212(n)(6) of the Immigration and Nationality Act, as established by subsection (a), will be operational. (c) Application.--The amendment made by subsection (a) shall apply beginning on the date that is 90 days after the date described in subsection (b). (d) Internet Posting Requirement.--Section 212(n)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(C)) is amended-- (1) by redesignating clause (ii) as subclause (II); (2) by striking ``(i) has provided'' and inserting the following: ``(ii)(I) has provided''; and (3) by inserting before clause (ii), as redesignated by paragraph (2), the following: ``(i) except in the case of an employer filing a petition on behalf of an H-1B nonimmigrant who has already been counted against the numerical limitations and is not eligible for a full 6-year period, as described in section 214(g)(7), or on behalf of an H-1B nonimmigrant authorized to accept employment under section 214(n), has posted on the internet website described in paragraph (6), for at least 30 calendar days, a description of each position for which a nonimmigrant is sought, that includes-- ``(I) the occupational classification, and if different the employer's job title for the position, in which each nonimmigrant will be employed; ``(II) the education, training, or experience qualifications for the position; ``(III) the salary or wage range and employee benefits offered; ``(IV) each location at which a nonimmigrant will be employed; and ``(V) the process for applying for a position; and''. SEC. 4. H-1B EMPLOYER PETITION REQUIREMENTS. (a) Wage Determination Information.--Section 212(n)(1)(D) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(D)) is amended by inserting ``the prevailing wage determination methodology used under subparagraph (A)(i)(II),'' after ``shall contain''. (b) New Application Requirements.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended by inserting after subparagraph (G) the following new subparagraph: ``(H)(i) The employer, or a person or entity acting on the employer's behalf, has not advertised any available position specified in the application in an advertisement that states or indicates that-- ``(I) such position is only available to an individual who is or will be an H-1B nonimmigrant; or ``(II) an individual who is or will be an H-1B nonimmigrant shall receive priority or a preference in the hiring process for such position. ``(ii) The employer has not primarily recruited individuals who are or who will be H-1B nonimmigrants to fill such position. ``(I) If the employer, in a previous period specified by the Secretary, employed one or more H-1B nonimmigrants, the employer shall submit to the Secretary the Internal Revenue Service Form W-2 Wage and Tax Statements filed by the employer with respect to the H-1B nonimmigrants for such period.''. (c) Additional Requirement for New H-1B Petitions.-- (1) In general.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by subsection (b), is further amended by inserting after subparagraph (I), the following: ``(J)(i) If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H-1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees. ``(ii) Any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as a single employer for purposes of clause (i).''. (2) Rule of construction.--Nothing in subparagraph (J) of section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as added by paragraph (1), may be construed to prohibit renewal applications or change of employer applications for H-1B nonimmigrants employed by an employer on the date of the enactment of this Act. (3) Application.--The amendment made by this subsection shall apply with respect to an employer commencing on the date that is 180 days after the date of the enactment of this Act. (d) Labor Condition Application Fee.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)), as amended by section 3(a), is further amended by adding at the end the following: ``(7)(A) The Secretary of Labor shall promulgate a regulation that requires applicants under this subsection to pay an administrative fee to cover the average paperwork processing costs and other administrative costs. ``(B)(i) Fees collected under this paragraph shall be deposited as offsetting receipts within the general fund of the Treasury in a separate account, which shall be known as the `H-1B Administration, Oversight, Investigation, and Enforcement Account' and shall remain available until expended. ``(ii) The Secretary of the Treasury shall refund amounts in such account to the Secretary of Labor for salaries and related expenses associated with the administration, oversight, investigation, and enforcement of the H-1B nonimmigrant visa program.''. (e) Elimination of B-1 in Lieu of H-1.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended by adding at the end the following: ``(12)(A) Unless otherwise authorized by law, an alien normally classifiable under section 101(a)(15)(H)(i) who seeks admission to the United States to provide services in a specialty occupation described in paragraph (1) or (3) of subsection (i) may not be issued a visa or admitted under section 101(a)(15)(B) for such purpose. ``(B) Nothing in this paragraph may be construed to authorize the admission of an alien under section 101(a)(15)(B) who is coming to the United States for the purpose of performing skilled or unskilled labor if such admission is not otherwise authorized by law.''. (f) Ending Media Abuse of H-1B.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)), as amended by subsection (e), is further amended by adding at the end the following: ``(13) An alien normally classifiable under section 101(a)(15)(I) who seeks admission to the United States solely as a representative of the foreign press, radio, film, or other foreign information media, may not be issued a visa or admitted under section 101(a)(15)(H)(i) to engage in such vocation.''. SEC. 5. INVESTIGATION AND DISPOSITION OF COMPLAINTS AGAINST H-1B EMPLOYERS. (a) Investigation, Working Conditions, and Penalties.--Section 212(n)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended by striking clause (iv) and inserting the following: ``(iv)(I) An employer that has filed an application under this subsection violates this clause by taking, failing to take, or threatening to take or fail to take a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee-- ``(aa) disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or ``(bb) cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection. ``(II) An employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits. ``(III) In this clause, the term `employee' includes-- ``(aa) a current employee; ``(bb) a former employee; and ``(cc) an applicant for employment.''. (b) Information Sharing.--Section 212(n)(2)(H) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(H)) is amended to read as follows: ``(H)(i) The Director of U.S. Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by employers of H-1B nonimmigrants as part of the petition adjudication process that indicates that the employer is not complying with visa program requirements for H-1B nonimmigrants. ``(ii) The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. SEC. 6. LABOR CONDITION APPLICATIONS. (a) Application Review Requirements.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)) is amended, in the undesignated matter following subparagraph (I), as added by section 4(b)-- (1) in the fourth sentence, by inserting ``, and through the internet website of the Department of Labor, without charge.'' after ``Washington, D.C.''; (2) in the fifth sentence, by striking ``only for completeness'' and inserting ``for completeness, clear indicators of fraud or misrepresentation of material fact,''; (3) in the sixth sentence, by striking ``or obviously inaccurate'' and inserting ``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate''; and (4) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2).''. (b) Ensuring Prevailing Wages Are for Area of Employment and Actual Wages Are for Similarly Employed.--Section 212(n)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(A)) is amended-- (1) in clause (i), in the undesignated matter following subclause (II), by striking ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``, and''; and (3) by adding at the end the following: ``(iii) will ensure that-- ``(I) the actual wages or range identified in clause (i) relate solely to employees having substantially the same duties and responsibilities as the H-1B nonimmigrant in the geographical area of intended employment, considering experience, qualifications, education, job responsibility and function, specialized knowledge, and other legitimate business factors, except in a geographical area there are no such employees, and ``(II) the prevailing wages identified in clause (ii) reflect the best available information for the geographical area within normal commuting distance of the actual address of employment at which the H-1B nonimmigrant is or will be employed.''. (c) Procedures for Investigation and Disposition.--Section 212(n)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(A)) is amended-- (1) by striking ``(2)(A) Subject'' and inserting ``(2)(A)(i) Subject''; (2) by striking the fourth sentence; and (3) by adding at the end the following: ``(ii)(I) Upon receipt of a complaint under clause (i), the Secretary may initiate an investigation to determine whether such a failure or misrepresentation has occurred. ``(II) The Secretary may conduct-- ``(aa) surveys of the degree to which employers comply with the requirements under this subsection; and ``(bb) subject to subclause (IV), annual compliance audits of any employer that employs H- 1B nonimmigrants during the applicable calendar year. ``(III) Subject to subclause (IV), the Secretary shall-- ``(aa) conduct annual compliance audits of each employer that employs more than 100 full-time equivalent employees who are employed in the United States if more than 15 percent of such full-time employees are H-1B nonimmigrants; and ``(bb) make available to the public an executive summary or report describing the general findings of the audits conducted under this subclause. ``(IV) In the case of an employer subject to an annual compliance audit in which there was no finding of a willful failure to meet a condition under subparagraph (C)(ii), no further annual compliance audit shall be conducted with respect to such employer for a period of not less than 4 years, absent evidence of misrepresentation or fraud.''. (d) Penalties for Violations.--Section 212(n)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)) is amended-- (1) in clause (i)-- (A) in the matter preceding subclause (I), by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition of paragraph (1)(B), (1)(E), (1)(F), (1)(H), or (1)(I)''; and (B) in subclause (I), by striking ``$1,000'' and inserting ``$3,000''; (2) in clause (ii)(I), by striking ``$5,000'' and inserting ``$15,000''; (3) in clause (iii)(I), by striking ``$35,000'' and inserting ``$100,000''; and (4) in clause (vi)(III), by striking ``$1,000'' and inserting ``$3,000''. (e) Initiation of Investigations.--Section 212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)) is amended-- (1) in clause (i), by striking ``In the case of an investigation'' in the second sentence and all that follows through the period at the end of the clause; (2) in clause (ii), in the first sentence, by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements under this subsection.''; (3) in clause (iii), by striking the second sentence; (4) by striking clauses (iv) and (v); (5) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively; (6) in clause (iv), as so redesignated-- (A) by striking ``clause (viii)'' and inserting ``clause (vi)''; and (B) by striking ``meet a condition described in clause (ii)'' and inserting ``comply with the requirements under this subsection''; (7) by amending clause (v), as so redesignated, to read as follows: ``(v)(I) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation under clause (i) or (ii). ``(II) The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. ``(III) The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. ``(IV) A determination by the Secretary under this clause shall not be subject to judicial review.''; (8) in clause (vi), as so redesignated, by striking ``An investigation'' in the first sentence and all that follows through ``the determination.'' in the second sentence and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 60 days after the date of such determination.''; and (9) by adding at the end the following: ``(vii) If the Secretary of Labor, after a hearing, finds that the employer has violated a requirement under this subsection, the Secretary may impose a penalty pursuant to subparagraph (C).''. SEC. 7. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS. (a) Adjustment of Status for Employment-Based Immigrants.--Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(o) Adjustment of Status for Employment-Based Immigrants.-- ``(1) In general.--Notwithstanding subsection (a)(3), an alien (including the alien's spouse or child, if eligible to receive a visa under section 203(d)), may file an application for adjustment of status if-- ``(A) the alien-- ``(i) is present in the United States pursuant to a lawful admission as a nonimmigrant, other than a nonimmigrant described in subparagraph (B), (C), (D), or (S) of section 101(a)(15), section 212(l), or section 217; and ``(ii) subject to subsection (k), is not ineligible for adjustment of status under subsection (c); and ``(B) not less than 2 years have elapsed since the immigrant visa petition filed by or on behalf of the alien under subparagraph (E) or (F) of section 204(a)(1) was approved. ``(2) Protection for children.--The child of a principal alien who files an application for adjustment of status under this subsection shall continue to qualify as a child for purposes of the application, regardless of the child's age or whether the principal alien is deceased at the time an immigrant visa becomes available. ``(3) Travel and employment authorization.-- ``(A) Advance parole.--Applicants for adjustment of status under this subsection shall be eligible for advance parole under the same terms and conditions as applicants for adjustment of status under subsection (a). ``(B) Employment authorization.-- ``(i) Principal alien.--Subject to paragraph (4), a principal applicant for adjustment of status under this subsection shall be eligible for work authorization under the same terms and conditions as applicants for adjustment of status under subsection (a). ``(ii) Limitations on employment authorization for dependents.--A dependent alien who was neither authorized to work nor eligible to request work authorization at the time an application for adjustment of status is filed under this subsection shall not be eligible to receive work authorization due to the filing of such application. ``(4) Conditions on adjustment of status and employment authorization for principal aliens.-- ``(A) In general.--During the time an application for adjustment of status under this subsection is pending and until such time an immigrant visa becomes available-- ``(i) the terms and conditions of the alien's employment, including duties, hours, and compensation, must be commensurate with the terms and conditions applicable to the employer's similarly situated United States workers in the area of employment, or if the employer does not employ and has not recently employed more than two such workers, the terms and conditions of such employment must be commensurate with the terms and conditions applicable to other similarly situated United States workers in the area of employment; and ``(ii) consistent with section 204(j), if the alien changes positions or employers, the new position is in the same or a similar occupational classification as the job for which the petition was filed. ``(B) Special filing procedures.--An application for adjustment of status filed by a principal alien under this subsection shall be accompanied by-- ``(i) a signed letter from the principal alien's current or prospective employer attesting that the terms and conditions of the alien's employment are commensurate with the terms and conditions of employment for similarly situated United States workers in the area of employment; and ``(ii) other information deemed necessary by the Secretary of Homeland Security to verify compliance with subparagraph (A). ``(C) Application for employment authorization.-- ``(i) In general.--An application for employment authorization filed by a principal applicant for adjustment of status under this subsection shall be accompanied by a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) attesting that-- ``(I) the job offered in the immigrant visa petition remains a bona fide job offer that the alien intends to accept upon approval of the adjustment of status application; or ``(II) the alien has accepted a new full-time job in the same or a similar occupational classification as the job described in the approved immigrant visa petition. ``(ii) Validity.--An employment authorization document issued to a principal alien who has filed an application for adjustment of status under this subsection shall be valid for three years. ``(iii) Renewal.--Any request by a principal alien to renew an employment authorization document associated with such alien's application for adjustment of status filed under this subsection shall be accompanied by the evidence described in subparagraphs (B) and (C)(i). ``(5) Decision.-- ``(A) In general.--An adjustment of status application filed under paragraph (1) may not be approved-- ``(i) until the date on which an immigrant visa becomes available; and ``(ii) if the principal alien has not, within the preceding 12 months, filed a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)). ``(B) Request for evidence.--If at the time an immigrant visa becomes available, a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) has not been filed by the principal alien within the preceding 12 months, the Secretary of Homeland Security shall notify the alien and provide instructions for submitting such form. ``(C) Notice of intent to deny.--If the most recent Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) or any prior form indicates a lack of compliance with paragraph (4)(A), the Secretary of Homeland Security shall issue a notice of intent to deny the application for adjustment of status and provide the alien the opportunity to submit evidence of compliance. ``(D) Denial.--An application for adjustment of status under this subsection may be denied if the alien fails to-- ``(i) timely file a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) in response to a request for evidence issued under subparagraph (B); or ``(ii) establish, by a preponderance of the evidence, compliance with paragraph (4)(A). ``(6) Fees.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall charge and collect a fee in the amount of $2,000 to process each Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) filed under this subsection. ``(B) Deposit and use of fees.--Fees collected under subparagraph (A) shall be deposited and used as follows: ``(i) Fifty percent of such fees shall be deposited in the Immigration Examinations Fee Account established under section 286(m). ``(ii) Fifty percent of such fees shall be deposited in the Treasury of the United States as miscellaneous receipts. ``(7) Application.-- ``(A) The provisions of this subsection-- ``(i) shall apply beginning on the date that is one year after the date of the enactment of the Equal Access to Green cards for Legal Employment Act of 2022; and ``(ii) except as provided in subparagraph (B), shall cease to apply as of the date that is nine years after the date of the enactment of such Act. ``(B) This subsection shall continue to apply with respect to any alien who has filed an application for adjustment of status under this subsection any time prior to the date on which this subsection otherwise ceases to apply. ``(8) Clarifications.--For purposes of this subsection: ``(A) The term `similarly situated United States workers' includes United States workers performing similar duties, subject to similar supervision, and with similar educational backgrounds, industry expertise, employment experience, levels of responsibility, and skill sets as the alien in the same geographic area of employment as the alien. ``(B) The duties, hours, and compensation of the alien are `commensurate' with those offered to United States workers in the same area of employment if the employer can demonstrate that the duties, hours, and compensation are consistent with the range of such terms and conditions the employer has offered or would offer to similarly situated United States employees.''. (b) Conforming Amendment.--Section 245(k) of the Immigration and Nationality Act (8 U.S.C. 1255(k)) is amended by adding ``or (n)'' after ``pursuant to subsection (a)''. Union Calendar No. 267 117th CONGRESS 2d Session H. R. 3648 [Report No. 117-353] _______________________________________________________________________

EAGLE Act of 2022

To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.

EAGLE Act of 2022 Equal Access to Green cards for Legal Employment Act of 2022 EAGLE Act of 2021 Equal Access to Green cards for Legal Employment Act of 2021

Rep. Lofgren, Zoe

D

CA

This bill modifies requirements related to employment-based visas and addresses related issues. The bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15% and eliminates the per-country cap for employment-based immigrant visas. The bill establishes transition rules for employment-based visas such as (1) reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability) and EB-3 (skilled and other workers) visas for individuals not from the two countries with the largest number of recipients of such visas, and (2) allotting a number of visas for professional nurses and physical therapists. The bill imposes additional requirements on an employer seeking an H-1B visa, such as prohibiting (1) an employer from advertising that a position is only open to H-1B applicants or that H-1B applicants are preferred, and (2) certain employers from having more than half of their employees as nonimmigrant visa workers. The Department of Labor shall create a publicly available website where an employer seeking an H-1B visa must post certain information about the open position. The bill also expands Labor's authority to review and investigate H-1B applications for fraud or misrepresentations. The bill also allows certain aliens to obtain lawful permanent resident status if the alien (1) is in the United States as a nonimmigrant, (2) has an approved immigrant visa petition, and (3) has waited at least two years for a visa.

2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE. 1152) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``both subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: ``(e) Special Rules for Countries at Ceiling.--If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas shall be allotted to such natives under section 203(a) (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visas made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total visas made available under the respective paragraph to the total visas made available under section 203(a).''. (ii) For the second fiscal year after such date, 25 percent of such visas. 1153(b)) shall be allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas. 1153(d)) shall apply in allocating immigrant visas to family members, for purposes of this subsection. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR. 4. H-1B EMPLOYER PETITION REQUIREMENTS. (b) New Application Requirements.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by subsection (b), is further amended by inserting after subparagraph (I), the following: ``(J)(i) If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H-1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees. 5. ``(III) In this clause, the term `employee' includes-- ``(aa) a current employee; ``(bb) a former employee; and ``(cc) an applicant for employment.''. ``(ii) The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. 6. LABOR CONDITION APPLICATIONS. ``(IV) A determination by the Secretary under this clause shall not be subject to judicial review. ''; (8) in clause (vi), as so redesignated, by striking ``An investigation'' in the first sentence and all that follows through ``the determination.'' SEC. 7. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS. ``(B) Request for evidence.--If at the time an immigrant visa becomes available, a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) has not been filed by the principal alien within the preceding 12 months, the Secretary of Homeland Security shall notify the alien and provide instructions for submitting such form.

2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE. (ii) For the second fiscal year after such date, 25 percent of such visas. 1153(b)) shall be allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas. 1153(d)) shall apply in allocating immigrant visas to family members, for purposes of this subsection. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR. 4. H-1B EMPLOYER PETITION REQUIREMENTS. (b) New Application Requirements.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by subsection (b), is further amended by inserting after subparagraph (I), the following: ``(J)(i) If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H-1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees. 5. ``(III) In this clause, the term `employee' includes-- ``(aa) a current employee; ``(bb) a former employee; and ``(cc) an applicant for employment.''. ``(ii) The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. 6. LABOR CONDITION APPLICATIONS. ``(IV) A determination by the Secretary under this clause shall not be subject to judicial review. ''; (8) in clause (vi), as so redesignated, by striking ``An investigation'' in the first sentence and all that follows through ``the determination.'' SEC. 7. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS. ``(B) Request for evidence.--If at the time an immigrant visa becomes available, a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) has not been filed by the principal alien within the preceding 12 months, the Secretary of Homeland Security shall notify the alien and provide instructions for submitting such form.

SHORT TITLE. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE. 1152) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``both subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: ``(e) Special Rules for Countries at Ceiling.--If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas shall be allotted to such natives under section 203(a) (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visas made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total visas made available under the respective paragraph to the total visas made available under section 203(a).''. (ii) For the second fiscal year after such date, 25 percent of such visas. 1153(b)) shall be allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas. 1153(d)) shall apply in allocating immigrant visas to family members, for purposes of this subsection. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR. 4. H-1B EMPLOYER PETITION REQUIREMENTS. (b) New Application Requirements.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by subsection (b), is further amended by inserting after subparagraph (I), the following: ``(J)(i) If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H-1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees. 5. ``(III) In this clause, the term `employee' includes-- ``(aa) a current employee; ``(bb) a former employee; and ``(cc) an applicant for employment.''. ``(ii) The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. 6. LABOR CONDITION APPLICATIONS. ``(IV) In the case of an employer subject to an annual compliance audit in which there was no finding of a willful failure to meet a condition under subparagraph (C)(ii), no further annual compliance audit shall be conducted with respect to such employer for a period of not less than 4 years, absent evidence of misrepresentation or fraud.''. ``(IV) A determination by the Secretary under this clause shall not be subject to judicial review. ''; (8) in clause (vi), as so redesignated, by striking ``An investigation'' in the first sentence and all that follows through ``the determination.'' SEC. 7. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS. ``(ii) Limitations on employment authorization for dependents.--A dependent alien who was neither authorized to work nor eligible to request work authorization at the time an application for adjustment of status is filed under this subsection shall not be eligible to receive work authorization due to the filing of such application. ``(B) Request for evidence.--If at the time an immigrant visa becomes available, a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) has not been filed by the principal alien within the preceding 12 months, the Secretary of Homeland Security shall notify the alien and provide instructions for submitting such form. ``(B) Deposit and use of fees.--Fees collected under subparagraph (A) shall be deposited and used as follows: ``(i) Fifty percent of such fees shall be deposited in the Immigration Examinations Fee Account established under section 286(m). 1255(k)) is amended by adding ``or (n)'' after ``pursuant to subsection (a)''.

SHORT TITLE. This Act may be cited as the ``Equal Access to Green cards for Legal Employment Act of 2022'' or the ``EAGLE Act of 2022''. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE. (a) In General.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``both subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: ``(e) Special Rules for Countries at Ceiling.--If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas shall be allotted to such natives under section 203(a) (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visas made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total visas made available under the respective paragraph to the total visas made available under section 203(a).''. (d) Application.--The amendments made by this section shall apply beginning on the date that is the first day of the second fiscal year beginning after the date of the enactment of this Act. (ii) For the second fiscal year after such date, 25 percent of such visas. 1153(b)) shall be allocated to immigrants who are natives of a foreign state or dependent area that is not one of the two foreign states or dependent areas with the highest demand for immigrant visas. 1153(b)(3)), and not reserved under paragraph (1), shall be allocated to immigrants who are seeking admission to the United States to work in an occupation described in section 656.5(a) of title 20, Code of Federal Regulations (or any successor regulation). 1153(d)) shall apply in allocating immigrant visas to family members, for purposes of this subsection. 3. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF LABOR. 4. H-1B EMPLOYER PETITION REQUIREMENTS. (b) New Application Requirements.--Section 212(n)(1) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(1)), as amended by subsection (b), is further amended by inserting after subparagraph (I), the following: ``(J)(i) If the employer employs 50 or more employees in the United States, the sum of the number of such employees who are H-1B nonimmigrants plus the number of such employees who are nonimmigrants described in section 101(a)(15)(L) does not exceed 50 percent of the total number of employees. 5. ``(III) In this clause, the term `employee' includes-- ``(aa) a current employee; ``(bb) a former employee; and ``(cc) an applicant for employment.''. ``(ii) The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''. 6. LABOR CONDITION APPLICATIONS. 1182(n)(1)(A)) is amended-- (1) in clause (i), in the undesignated matter following subclause (II), by striking ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``, and''; and (3) by adding at the end the following: ``(iii) will ensure that-- ``(I) the actual wages or range identified in clause (i) relate solely to employees having substantially the same duties and responsibilities as the H-1B nonimmigrant in the geographical area of intended employment, considering experience, qualifications, education, job responsibility and function, specialized knowledge, and other legitimate business factors, except in a geographical area there are no such employees, and ``(II) the prevailing wages identified in clause (ii) reflect the best available information for the geographical area within normal commuting distance of the actual address of employment at which the H-1B nonimmigrant is or will be employed.''. ``(IV) In the case of an employer subject to an annual compliance audit in which there was no finding of a willful failure to meet a condition under subparagraph (C)(ii), no further annual compliance audit shall be conducted with respect to such employer for a period of not less than 4 years, absent evidence of misrepresentation or fraud.''. ``(IV) A determination by the Secretary under this clause shall not be subject to judicial review. ''; (8) in clause (vi), as so redesignated, by striking ``An investigation'' in the first sentence and all that follows through ``the determination.'' SEC. 7. ADJUSTMENT OF STATUS FOR EMPLOYMENT-BASED IMMIGRANTS. ``(ii) Limitations on employment authorization for dependents.--A dependent alien who was neither authorized to work nor eligible to request work authorization at the time an application for adjustment of status is filed under this subsection shall not be eligible to receive work authorization due to the filing of such application. ``(B) Request for evidence.--If at the time an immigrant visa becomes available, a Confirmation of Bona Fide Job Offer or Portability (or any form associated with section 204(j)) has not been filed by the principal alien within the preceding 12 months, the Secretary of Homeland Security shall notify the alien and provide instructions for submitting such form. ``(B) Deposit and use of fees.--Fees collected under subparagraph (A) shall be deposited and used as follows: ``(i) Fifty percent of such fees shall be deposited in the Immigration Examinations Fee Account established under section 286(m). ``(B) The duties, hours, and compensation of the alien are `commensurate' with those offered to United States workers in the same area of employment if the employer can demonstrate that the duties, hours, and compensation are consistent with the range of such terms and conditions the employer has offered or would offer to similarly situated United States employees.''. 1255(k)) is amended by adding ``or (n)'' after ``pursuant to subsection (a)''. Union Calendar No.

S.5112

Finance and Financial Sector

250th Anniversary of the United States Marine Corps Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the 250th anniversary of the United States Marine Corps. All surcharges received by Treasury from the sale of such coins must be paid to the Marine Corps Heritage Foundation and shall only be used for the purposes of supporting the mission of the Marine Corps Heritage Center.

To require the Secretary of the Treasury to mint coins in commemoration of the 250th Anniversary of the United States Marine Corps, and to support programs at the Marine Corps Heritage Center. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``250th Anniversary of the United States Marine Corps Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) November 10, 2025, marks the 250th anniversary of the United States Marine Corps. (2) The United States Marine Corps has, over the course of its illustrious 250-year history, fought gallantly in defense of the United States. (3) The United States Marine Corps has established itself as a leading military force, always prepared for tomorrow's challenges and to contend with the future character of war. (4) The United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute. (5) All Americans should commemorate the legacy of the United States Marine Corps and recognize the significant contributions the values embodied in the Corps have made in protecting the United States against its enemies. (6) In 2000, Congress authorized the construction of the Marine Corps Heritage Center as a multipurpose facility for historical displays for the public viewing, curation and storage of artifacts, research facilities, classrooms, offices and associated activities consistent with the mission of the Marine Corps. (7) On November 10, 2006, the Marine Corps Heritage Center opened to the public, with exhibits that share the history of the Marine Corps from 1775 until 1975, and with planned future exhibits on modern day Marine Corps history from the end of the Vietnam War through the wars in Iraq and Afghanistan. (8) The United States should pay tribute to the 250th anniversary of the United States Marine Corps by minting and issuing a commemorative coin. (9) The surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the continuation of educational programs of the Marine Corps Heritage Center. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The designs of the coins minted under this Act shall be emblematic of the 250th anniversary of the United States Marine Corps. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2025''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coin minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts, the Commandant of the Marine Corps, and the Marine Corps Heritage Foundation; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Any facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2025. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) a surcharge of $35 per coin for the $5 coin; (2) a surcharge of $10 per coin for the $1 coin; and (3) a surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Marine Corps Heritage Foundation and shall only be used for the purposes of supporting the mission of the Marine Corps Heritage Center. (c) Audits.--The Marine Corps Heritage Foundation, shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act result in no net cost to the Federal Government; and (2) no funds, including applicable surcharges, are disbursed to the Marine Corps Heritage Foundation until the total cost of designing and issuing all of the coins authorized by this Act, including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping, is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. <all>

250th Anniversary of the United States Marine Corps Commemorative Coin Act

A bill to require the Secretary of the Treasury to mint coins in commemoration of the 250th Anniversary of the United States Marine Corps, and to support programs at the Marine Corps Heritage Center.

250th Anniversary of the United States Marine Corps Commemorative Coin Act

Sen. Blumenthal, Richard

D

CT

This bill directs the Department of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the 250th anniversary of the United States Marine Corps. All surcharges received by Treasury from the sale of such coins must be paid to the Marine Corps Heritage Foundation and shall only be used for the purposes of supporting the mission of the Marine Corps Heritage Center.

SHORT TITLE. This Act may be cited as the ``250th Anniversary of the United States Marine Corps Commemorative Coin Act''. 2. FINDINGS. (4) The United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute. (6) In 2000, Congress authorized the construction of the Marine Corps Heritage Center as a multipurpose facility for historical displays for the public viewing, curation and storage of artifacts, research facilities, classrooms, offices and associated activities consistent with the mission of the Marine Corps. (7) On November 10, 2006, the Marine Corps Heritage Center opened to the public, with exhibits that share the history of the Marine Corps from 1775 until 1975, and with planned future exhibits on modern day Marine Corps history from the end of the Vietnam War through the wars in Iraq and Afghanistan. (9) The surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the continuation of educational programs of the Marine Corps Heritage Center. 3. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. 4. DESIGN OF COINS. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2025''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. 5. (b) Mint Facility.--Any facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. 7. SURCHARGES. (c) Audits.--The Marine Corps Heritage Foundation, shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES.

SHORT TITLE. This Act may be cited as the ``250th Anniversary of the United States Marine Corps Commemorative Coin Act''. 2. FINDINGS. (7) On November 10, 2006, the Marine Corps Heritage Center opened to the public, with exhibits that share the history of the Marine Corps from 1775 until 1975, and with planned future exhibits on modern day Marine Corps history from the end of the Vietnam War through the wars in Iraq and Afghanistan. 3. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. 4. DESIGN OF COINS. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2025''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. 5. (b) Mint Facility.--Any facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. 7. SURCHARGES. (c) Audits.--The Marine Corps Heritage Foundation, shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``250th Anniversary of the United States Marine Corps Commemorative Coin Act''. 2. FINDINGS. (2) The United States Marine Corps has, over the course of its illustrious 250-year history, fought gallantly in defense of the United States. (3) The United States Marine Corps has established itself as a leading military force, always prepared for tomorrow's challenges and to contend with the future character of war. (4) The United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute. (5) All Americans should commemorate the legacy of the United States Marine Corps and recognize the significant contributions the values embodied in the Corps have made in protecting the United States against its enemies. (6) In 2000, Congress authorized the construction of the Marine Corps Heritage Center as a multipurpose facility for historical displays for the public viewing, curation and storage of artifacts, research facilities, classrooms, offices and associated activities consistent with the mission of the Marine Corps. (7) On November 10, 2006, the Marine Corps Heritage Center opened to the public, with exhibits that share the history of the Marine Corps from 1775 until 1975, and with planned future exhibits on modern day Marine Corps history from the end of the Vietnam War through the wars in Iraq and Afghanistan. (9) The surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the continuation of educational programs of the Marine Corps Heritage Center. 3. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. DESIGN OF COINS. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2025''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coin minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts, the Commandant of the Marine Corps, and the Marine Corps Heritage Foundation; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. (b) Mint Facility.--Any facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2025. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. 7. SURCHARGES. (c) Audits.--The Marine Corps Heritage Foundation, shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``250th Anniversary of the United States Marine Corps Commemorative Coin Act''. 2. FINDINGS. (2) The United States Marine Corps has, over the course of its illustrious 250-year history, fought gallantly in defense of the United States. (3) The United States Marine Corps has established itself as a leading military force, always prepared for tomorrow's challenges and to contend with the future character of war. (4) The United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute. (5) All Americans should commemorate the legacy of the United States Marine Corps and recognize the significant contributions the values embodied in the Corps have made in protecting the United States against its enemies. (6) In 2000, Congress authorized the construction of the Marine Corps Heritage Center as a multipurpose facility for historical displays for the public viewing, curation and storage of artifacts, research facilities, classrooms, offices and associated activities consistent with the mission of the Marine Corps. (7) On November 10, 2006, the Marine Corps Heritage Center opened to the public, with exhibits that share the history of the Marine Corps from 1775 until 1975, and with planned future exhibits on modern day Marine Corps history from the end of the Vietnam War through the wars in Iraq and Afghanistan. (8) The United States should pay tribute to the 250th anniversary of the United States Marine Corps by minting and issuing a commemorative coin. (9) The surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the continuation of educational programs of the Marine Corps Heritage Center. 3. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. DESIGN OF COINS. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2025''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coin minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts, the Commandant of the Marine Corps, and the Marine Corps Heritage Foundation; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Any facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2025. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) a surcharge of $35 per coin for the $5 coin; (2) a surcharge of $10 per coin for the $1 coin; and (3) a surcharge of $5 per coin for the half dollar coin. (c) Audits.--The Marine Corps Heritage Foundation, shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES.

H.R.8781

Government Operations and Politics

Ensuring Accurate Postal Rates Act This bill directs the Postal Regulatory Commission to review and potentially modify the market-dominant ratemaking system rules in light of the USPS Fairness Act, which canceled unpaid U.S. Postal Service obligations.

To direct the Postal Regulatory Commission to review and modify market- dominant ratemaking system rules as a result of the enactment of the USPS Fairness 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Ensuring Accurate Postal Rates Act''. (b) Findings.--Congress finds the following: (1) The review of the market-dominant ratemaking system conducted by the Postal Regulatory Commission (in this Act referred to as the ``Commission'') pursuant to section 3622(d)(3) of title 39, United States Code, resulted in the Commission's Order Number 5763 (submitted on November 30, 2020) adopting final rules for the system of regulating rates and classes for market dominant products. (2) Such final rules rely in major part upon an earlier finding of the Commission that the then-existing system of market-dominant ratemaking had not enabled the United States Postal Service to achieve medium- and long-term financial stability. (3) The Commission's findings as to medium- and long-term financial stability rested upon its calculation of deficits (largely relating to retiree benefit obligations) accumulated on the Postal Service's books of account. (4) Section 102(c)(1) of the USPS Fairness Act (section 102 of Public Law 117-108) canceled the unpaid Postal Service obligations under section 8909a of title 5, United States Code, thereby removing an essential basis of such final rules. (5) Such final rules also did not adequately take into account the benefit to the Postal Service's financial condition from the growth of its competitive products and competitive revenues or other improvements in its financial condition during and following the Covid-19 pandemic. SEC. 2. POSTAL REGULATORY COMMISSION REVIEW AND MODIFICATION OF MARKET- DOMINANT RATEMAKING SYSTEM RULES. (a) Review.--Not later than 90 days after the date of enactment of this Act, the Commission shall, pursuant to subsection (d)(3) of section 3622 of title 39, United States Code, and subject to the requirements, terms, and conditions of such section, conduct a review of the market-dominant ratemaking system in effect immediately prior to the adoption of Commission Order Number 5763 to determine whether such system can achieve the objectives of subsection (b) of such section 3622, taking into account the factors in subsection (c) of such section. (b) Rules Carrying Out System.--Not later than 1 year after the date of enactment of this Act-- (1) if under the review conducted in subsection (a) the Commission determines that such system requires modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system; or (2) if under the review conducted in subsection (a) the Commission determines that such system does not require modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system. <all>

Ensuring Accurate Postal Rates Act

To direct the Postal Regulatory Commission to review and modify market-dominant ratemaking system rules as a result of the enactment of the USPS Fairness Act, and for other purposes.

Ensuring Accurate Postal Rates Act

Rep. Connolly, Gerald E.

D

VA

This bill directs the Postal Regulatory Commission to review and potentially modify the market-dominant ratemaking system rules in light of the USPS Fairness Act, which canceled unpaid U.S. Postal Service obligations.

To direct the Postal Regulatory Commission to review and modify market- dominant ratemaking system rules as a result of the enactment of the USPS Fairness 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Ensuring Accurate Postal Rates Act''. (2) Such final rules rely in major part upon an earlier finding of the Commission that the then-existing system of market-dominant ratemaking had not enabled the United States Postal Service to achieve medium- and long-term financial stability. (3) The Commission's findings as to medium- and long-term financial stability rested upon its calculation of deficits (largely relating to retiree benefit obligations) accumulated on the Postal Service's books of account. (4) Section 102(c)(1) of the USPS Fairness Act (section 102 of Public Law 117-108) canceled the unpaid Postal Service obligations under section 8909a of title 5, United States Code, thereby removing an essential basis of such final rules. (5) Such final rules also did not adequately take into account the benefit to the Postal Service's financial condition from the growth of its competitive products and competitive revenues or other improvements in its financial condition during and following the Covid-19 pandemic. SEC. 2. POSTAL REGULATORY COMMISSION REVIEW AND MODIFICATION OF MARKET- DOMINANT RATEMAKING SYSTEM RULES. (a) Review.--Not later than 90 days after the date of enactment of this Act, the Commission shall, pursuant to subsection (d)(3) of section 3622 of title 39, United States Code, and subject to the requirements, terms, and conditions of such section, conduct a review of the market-dominant ratemaking system in effect immediately prior to the adoption of Commission Order Number 5763 to determine whether such system can achieve the objectives of subsection (b) of such section 3622, taking into account the factors in subsection (c) of such section. (b) Rules Carrying Out System.--Not later than 1 year after the date of enactment of this Act-- (1) if under the review conducted in subsection (a) the Commission determines that such system requires modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system; or (2) if under the review conducted in subsection (a) the Commission determines that such system does not require modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Ensuring Accurate Postal Rates Act''. (3) The Commission's findings as to medium- and long-term financial stability rested upon its calculation of deficits (largely relating to retiree benefit obligations) accumulated on the Postal Service's books of account. (4) Section 102(c)(1) of the USPS Fairness Act (section 102 of Public Law 117-108) canceled the unpaid Postal Service obligations under section 8909a of title 5, United States Code, thereby removing an essential basis of such final rules. (5) Such final rules also did not adequately take into account the benefit to the Postal Service's financial condition from the growth of its competitive products and competitive revenues or other improvements in its financial condition during and following the Covid-19 pandemic. SEC. 2. POSTAL REGULATORY COMMISSION REVIEW AND MODIFICATION OF MARKET- DOMINANT RATEMAKING SYSTEM RULES. (a) Review.--Not later than 90 days after the date of enactment of this Act, the Commission shall, pursuant to subsection (d)(3) of section 3622 of title 39, United States Code, and subject to the requirements, terms, and conditions of such section, conduct a review of the market-dominant ratemaking system in effect immediately prior to the adoption of Commission Order Number 5763 to determine whether such system can achieve the objectives of subsection (b) of such section 3622, taking into account the factors in subsection (c) of such section. (b) Rules Carrying Out System.--Not later than 1 year after the date of enactment of this Act-- (1) if under the review conducted in subsection (a) the Commission determines that such system requires modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system; or (2) if under the review conducted in subsection (a) the Commission determines that such system does not require modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system.

To direct the Postal Regulatory Commission to review and modify market- dominant ratemaking system rules as a result of the enactment of the USPS Fairness 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Ensuring Accurate Postal Rates Act''. (b) Findings.--Congress finds the following: (1) The review of the market-dominant ratemaking system conducted by the Postal Regulatory Commission (in this Act referred to as the ``Commission'') pursuant to section 3622(d)(3) of title 39, United States Code, resulted in the Commission's Order Number 5763 (submitted on November 30, 2020) adopting final rules for the system of regulating rates and classes for market dominant products. (2) Such final rules rely in major part upon an earlier finding of the Commission that the then-existing system of market-dominant ratemaking had not enabled the United States Postal Service to achieve medium- and long-term financial stability. (3) The Commission's findings as to medium- and long-term financial stability rested upon its calculation of deficits (largely relating to retiree benefit obligations) accumulated on the Postal Service's books of account. (4) Section 102(c)(1) of the USPS Fairness Act (section 102 of Public Law 117-108) canceled the unpaid Postal Service obligations under section 8909a of title 5, United States Code, thereby removing an essential basis of such final rules. (5) Such final rules also did not adequately take into account the benefit to the Postal Service's financial condition from the growth of its competitive products and competitive revenues or other improvements in its financial condition during and following the Covid-19 pandemic. SEC. 2. POSTAL REGULATORY COMMISSION REVIEW AND MODIFICATION OF MARKET- DOMINANT RATEMAKING SYSTEM RULES. (a) Review.--Not later than 90 days after the date of enactment of this Act, the Commission shall, pursuant to subsection (d)(3) of section 3622 of title 39, United States Code, and subject to the requirements, terms, and conditions of such section, conduct a review of the market-dominant ratemaking system in effect immediately prior to the adoption of Commission Order Number 5763 to determine whether such system can achieve the objectives of subsection (b) of such section 3622, taking into account the factors in subsection (c) of such section. (b) Rules Carrying Out System.--Not later than 1 year after the date of enactment of this Act-- (1) if under the review conducted in subsection (a) the Commission determines that such system requires modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system; or (2) if under the review conducted in subsection (a) the Commission determines that such system does not require modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system. <all>

To direct the Postal Regulatory Commission to review and modify market- dominant ratemaking system rules as a result of the enactment of the USPS Fairness 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Ensuring Accurate Postal Rates Act''. (b) Findings.--Congress finds the following: (1) The review of the market-dominant ratemaking system conducted by the Postal Regulatory Commission (in this Act referred to as the ``Commission'') pursuant to section 3622(d)(3) of title 39, United States Code, resulted in the Commission's Order Number 5763 (submitted on November 30, 2020) adopting final rules for the system of regulating rates and classes for market dominant products. (2) Such final rules rely in major part upon an earlier finding of the Commission that the then-existing system of market-dominant ratemaking had not enabled the United States Postal Service to achieve medium- and long-term financial stability. (3) The Commission's findings as to medium- and long-term financial stability rested upon its calculation of deficits (largely relating to retiree benefit obligations) accumulated on the Postal Service's books of account. (4) Section 102(c)(1) of the USPS Fairness Act (section 102 of Public Law 117-108) canceled the unpaid Postal Service obligations under section 8909a of title 5, United States Code, thereby removing an essential basis of such final rules. (5) Such final rules also did not adequately take into account the benefit to the Postal Service's financial condition from the growth of its competitive products and competitive revenues or other improvements in its financial condition during and following the Covid-19 pandemic. SEC. 2. POSTAL REGULATORY COMMISSION REVIEW AND MODIFICATION OF MARKET- DOMINANT RATEMAKING SYSTEM RULES. (a) Review.--Not later than 90 days after the date of enactment of this Act, the Commission shall, pursuant to subsection (d)(3) of section 3622 of title 39, United States Code, and subject to the requirements, terms, and conditions of such section, conduct a review of the market-dominant ratemaking system in effect immediately prior to the adoption of Commission Order Number 5763 to determine whether such system can achieve the objectives of subsection (b) of such section 3622, taking into account the factors in subsection (c) of such section. (b) Rules Carrying Out System.--Not later than 1 year after the date of enactment of this Act-- (1) if under the review conducted in subsection (a) the Commission determines that such system requires modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system; or (2) if under the review conducted in subsection (a) the Commission determines that such system does not require modified rules or alternative rules to achieve such objectives, the Commission shall issue such proposed final rules as are necessary to carry out such system. <all>

S.4444

Law

Safeguarding Awards for Victims and Enforcement Settlements Act of 2022 This bill prohibits the federal government from entering into or enforcing a settlement agreement on behalf of the United States that provides for a payment to any person or entity other than the United States that is not a party to a dispute. The bill provides exceptions to allow certain payments, including those that (1) remedy actual harm (including to the environment) caused by the party making the payment, and (2) constitute a payment for services rendered in connection with the case.

To limit donations made pursuant to settlement agreements to which the United States is a party, 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 ``Safeguarding Awards for Victims and Enforcement Settlements Act of 2022''. SEC. 2. LIMITATION ON DONATIONS MADE PURSUANT TO SETTLEMENT AGREEMENTS TO WHICH THE UNITED STATES IS A PARTY. (a) Limitation on Required Donations.-- (1) In general.--Except as provided in paragraph (2), an official or agent of the Government may not enter into or enforce any settlement agreement on behalf of the United States, directing or providing for a payment or loan, in cash or in kind, to any person or entity other than the United States that is not a party to the dispute. (2) Exceptions.--An official or agency of the Government may enter into or enforce a settlement agreement on behalf of the United States described in paragraph (1) only if-- (A) the payment or loan provides restitution for or is otherwise intended to directly remedy actual harm (including to the environment) directly caused by the party making the payment or loan, and, to the extent any victim thereof was an identifiable person, suffered by the payee or lendee, which shall not include an agreement that requires a defendant in an environmental case, in lieu of payment to the Federal Government, to expend funds to provide goods or services to third parties for supplemental environmental projects; (B) the payment or loan constitutes payment for services rendered in connection with the case, including for settlement or compliance monitoring or for divestiture trustee services, or a payment pursuant to section 3663 of title 18, United States Code; (C) in cases of foreign official corruption, a trusted third party is required to facilitate the repatriation and use of funds to directly benefit those harmed by the foreign corruption; or (D) payment is expressly authorized by statute or regulation, including restitution and forfeiture. (b) Prohibition on Cy-Pres Redistributions in Settlements.--Except as otherwise provided by law, when the United States has entered into a settlement involving a fund for payments to individual claimants, amounts remaining after all claims on the settlement fund have been satisfied shall be repaid proportionally to each party who contributed to the settlement fund. (c) Effective Date.--Subsections (a) and (b) shall apply to any settlement agreement concluded on or after the date of enactment of this Act. (d) Reports on Settlement Agreements.-- (1) In general.--Not later than September 30 of the first fiscal year that begins after the date of the enactment of this Act, and of each fiscal year thereafter, the head of each Federal agency shall submit electronically to the Congressional Budget Office a report on each settlement agreement described in subsection (a)(1) entered into by that Federal agency during such fiscal year (other than a settlement agreement for a qui tam action or under section 586(a) of title 28, United States Code) that meets the requirements of an exception described in subparagraph (A) or (B) of subsection (a)(2), which shall include including the parties to each such settlement agreement, the source of the settlement funds, and where and how such funds were and will be distributed. (2) Prohibition on additional funding.--No additional funds are authorized to be appropriated to carry out this subsection. (3) Sunset.--This subsection shall cease to be effective on the date that is 7 years after the date of enactment of this Act. (e) Annual Audit Requirement.-- (1) In general.--Not later than September 30 of the first fiscal year that begins after the date of the enactment of this Act, and of each fiscal year thereafter, the Inspector General of each Federal agency shall submit a report on any settlement agreement entered into by that Federal agency during such fiscal year in violation of this section to-- (A) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives. (2) Prohibition on additional funding.--No additional funds are authorized to be appropriated to carry out this subsection. (f) Definitions.--In this section: (1) Payment.--The term ``payment'' means any transfer of money, cash, or other consideration, including constructive transfer in lieu of money. (2) Settlement agreement.--The term ``settlement agreement'' means a settlement agreement resolving a civil action or potential civil action, participation in any pretrial diversion program, a plea agreement, a deferred prosecution agreement, or a non-prosecution agreement. <all>

Safeguarding Awards for Victims and Enforcement Settlements Act of 2022

A bill to limit donations made pursuant to settlement agreements to which the United States is a party, and for other purposes.

Safeguarding Awards for Victims and Enforcement Settlements Act of 2022

Sen. Lankford, James

R

OK

This bill prohibits the federal government from entering into or enforcing a settlement agreement on behalf of the United States that provides for a payment to any person or entity other than the United States that is not a party to a dispute. The bill provides exceptions to allow certain payments, including those that (1) remedy actual harm (including to the environment) caused by the party making the payment, and (2) constitute a payment for services rendered in connection with the case.

SHORT TITLE. SEC. 2. LIMITATION ON DONATIONS MADE PURSUANT TO SETTLEMENT AGREEMENTS TO WHICH THE UNITED STATES IS A PARTY. (2) Exceptions.--An official or agency of the Government may enter into or enforce a settlement agreement on behalf of the United States described in paragraph (1) only if-- (A) the payment or loan provides restitution for or is otherwise intended to directly remedy actual harm (including to the environment) directly caused by the party making the payment or loan, and, to the extent any victim thereof was an identifiable person, suffered by the payee or lendee, which shall not include an agreement that requires a defendant in an environmental case, in lieu of payment to the Federal Government, to expend funds to provide goods or services to third parties for supplemental environmental projects; (B) the payment or loan constitutes payment for services rendered in connection with the case, including for settlement or compliance monitoring or for divestiture trustee services, or a payment pursuant to section 3663 of title 18, United States Code; (C) in cases of foreign official corruption, a trusted third party is required to facilitate the repatriation and use of funds to directly benefit those harmed by the foreign corruption; or (D) payment is expressly authorized by statute or regulation, including restitution and forfeiture. (b) Prohibition on Cy-Pres Redistributions in Settlements.--Except as otherwise provided by law, when the United States has entered into a settlement involving a fund for payments to individual claimants, amounts remaining after all claims on the settlement fund have been satisfied shall be repaid proportionally to each party who contributed to the settlement fund. (3) Sunset.--This subsection shall cease to be effective on the date that is 7 years after the date of enactment of this Act. (e) Annual Audit Requirement.-- (1) In general.--Not later than September 30 of the first fiscal year that begins after the date of the enactment of this Act, and of each fiscal year thereafter, the Inspector General of each Federal agency shall submit a report on any settlement agreement entered into by that Federal agency during such fiscal year in violation of this section to-- (A) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives. (2) Prohibition on additional funding.--No additional funds are authorized to be appropriated to carry out this subsection. (f) Definitions.--In this section: (1) Payment.--The term ``payment'' means any transfer of money, cash, or other consideration, including constructive transfer in lieu of money. (2) Settlement agreement.--The term ``settlement agreement'' means a settlement agreement resolving a civil action or potential civil action, participation in any pretrial diversion program, a plea agreement, a deferred prosecution agreement, or a non-prosecution agreement.

SHORT TITLE. 2. LIMITATION ON DONATIONS MADE PURSUANT TO SETTLEMENT AGREEMENTS TO WHICH THE UNITED STATES IS A PARTY. (3) Sunset.--This subsection shall cease to be effective on the date that is 7 years after the date of enactment of this Act. (e) Annual Audit Requirement.-- (1) In general.--Not later than September 30 of the first fiscal year that begins after the date of the enactment of this Act, and of each fiscal year thereafter, the Inspector General of each Federal agency shall submit a report on any settlement agreement entered into by that Federal agency during such fiscal year in violation of this section to-- (A) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives. (2) Prohibition on additional funding.--No additional funds are authorized to be appropriated to carry out this subsection. (f) Definitions.--In this section: (1) Payment.--The term ``payment'' means any transfer of money, cash, or other consideration, including constructive transfer in lieu of money.

To limit donations made pursuant to settlement agreements to which the United States is a party, 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 ``Safeguarding Awards for Victims and Enforcement Settlements Act of 2022''. SEC. 2. LIMITATION ON DONATIONS MADE PURSUANT TO SETTLEMENT AGREEMENTS TO WHICH THE UNITED STATES IS A PARTY. (a) Limitation on Required Donations.-- (1) In general.--Except as provided in paragraph (2), an official or agent of the Government may not enter into or enforce any settlement agreement on behalf of the United States, directing or providing for a payment or loan, in cash or in kind, to any person or entity other than the United States that is not a party to the dispute. (2) Exceptions.--An official or agency of the Government may enter into or enforce a settlement agreement on behalf of the United States described in paragraph (1) only if-- (A) the payment or loan provides restitution for or is otherwise intended to directly remedy actual harm (including to the environment) directly caused by the party making the payment or loan, and, to the extent any victim thereof was an identifiable person, suffered by the payee or lendee, which shall not include an agreement that requires a defendant in an environmental case, in lieu of payment to the Federal Government, to expend funds to provide goods or services to third parties for supplemental environmental projects; (B) the payment or loan constitutes payment for services rendered in connection with the case, including for settlement or compliance monitoring or for divestiture trustee services, or a payment pursuant to section 3663 of title 18, United States Code; (C) in cases of foreign official corruption, a trusted third party is required to facilitate the repatriation and use of funds to directly benefit those harmed by the foreign corruption; or (D) payment is expressly authorized by statute or regulation, including restitution and forfeiture. (b) Prohibition on Cy-Pres Redistributions in Settlements.--Except as otherwise provided by law, when the United States has entered into a settlement involving a fund for payments to individual claimants, amounts remaining after all claims on the settlement fund have been satisfied shall be repaid proportionally to each party who contributed to the settlement fund. (d) Reports on Settlement Agreements.-- (1) In general.--Not later than September 30 of the first fiscal year that begins after the date of the enactment of this Act, and of each fiscal year thereafter, the head of each Federal agency shall submit electronically to the Congressional Budget Office a report on each settlement agreement described in subsection (a)(1) entered into by that Federal agency during such fiscal year (other than a settlement agreement for a qui tam action or under section 586(a) of title 28, United States Code) that meets the requirements of an exception described in subparagraph (A) or (B) of subsection (a)(2), which shall include including the parties to each such settlement agreement, the source of the settlement funds, and where and how such funds were and will be distributed. (3) Sunset.--This subsection shall cease to be effective on the date that is 7 years after the date of enactment of this Act. (e) Annual Audit Requirement.-- (1) In general.--Not later than September 30 of the first fiscal year that begins after the date of the enactment of this Act, and of each fiscal year thereafter, the Inspector General of each Federal agency shall submit a report on any settlement agreement entered into by that Federal agency during such fiscal year in violation of this section to-- (A) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives. (2) Prohibition on additional funding.--No additional funds are authorized to be appropriated to carry out this subsection. (f) Definitions.--In this section: (1) Payment.--The term ``payment'' means any transfer of money, cash, or other consideration, including constructive transfer in lieu of money. (2) Settlement agreement.--The term ``settlement agreement'' means a settlement agreement resolving a civil action or potential civil action, participation in any pretrial diversion program, a plea agreement, a deferred prosecution agreement, or a non-prosecution agreement.

To limit donations made pursuant to settlement agreements to which the United States is a party, 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 ``Safeguarding Awards for Victims and Enforcement Settlements Act of 2022''. SEC. 2. LIMITATION ON DONATIONS MADE PURSUANT TO SETTLEMENT AGREEMENTS TO WHICH THE UNITED STATES IS A PARTY. (a) Limitation on Required Donations.-- (1) In general.--Except as provided in paragraph (2), an official or agent of the Government may not enter into or enforce any settlement agreement on behalf of the United States, directing or providing for a payment or loan, in cash or in kind, to any person or entity other than the United States that is not a party to the dispute. (2) Exceptions.--An official or agency of the Government may enter into or enforce a settlement agreement on behalf of the United States described in paragraph (1) only if-- (A) the payment or loan provides restitution for or is otherwise intended to directly remedy actual harm (including to the environment) directly caused by the party making the payment or loan, and, to the extent any victim thereof was an identifiable person, suffered by the payee or lendee, which shall not include an agreement that requires a defendant in an environmental case, in lieu of payment to the Federal Government, to expend funds to provide goods or services to third parties for supplemental environmental projects; (B) the payment or loan constitutes payment for services rendered in connection with the case, including for settlement or compliance monitoring or for divestiture trustee services, or a payment pursuant to section 3663 of title 18, United States Code; (C) in cases of foreign official corruption, a trusted third party is required to facilitate the repatriation and use of funds to directly benefit those harmed by the foreign corruption; or (D) payment is expressly authorized by statute or regulation, including restitution and forfeiture. (b) Prohibition on Cy-Pres Redistributions in Settlements.--Except as otherwise provided by law, when the United States has entered into a settlement involving a fund for payments to individual claimants, amounts remaining after all claims on the settlement fund have been satisfied shall be repaid proportionally to each party who contributed to the settlement fund. (c) Effective Date.--Subsections (a) and (b) shall apply to any settlement agreement concluded on or after the date of enactment of this Act. (d) Reports on Settlement Agreements.-- (1) In general.--Not later than September 30 of the first fiscal year that begins after the date of the enactment of this Act, and of each fiscal year thereafter, the head of each Federal agency shall submit electronically to the Congressional Budget Office a report on each settlement agreement described in subsection (a)(1) entered into by that Federal agency during such fiscal year (other than a settlement agreement for a qui tam action or under section 586(a) of title 28, United States Code) that meets the requirements of an exception described in subparagraph (A) or (B) of subsection (a)(2), which shall include including the parties to each such settlement agreement, the source of the settlement funds, and where and how such funds were and will be distributed. (2) Prohibition on additional funding.--No additional funds are authorized to be appropriated to carry out this subsection. (3) Sunset.--This subsection shall cease to be effective on the date that is 7 years after the date of enactment of this Act. (e) Annual Audit Requirement.-- (1) In general.--Not later than September 30 of the first fiscal year that begins after the date of the enactment of this Act, and of each fiscal year thereafter, the Inspector General of each Federal agency shall submit a report on any settlement agreement entered into by that Federal agency during such fiscal year in violation of this section to-- (A) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives. (2) Prohibition on additional funding.--No additional funds are authorized to be appropriated to carry out this subsection. (f) Definitions.--In this section: (1) Payment.--The term ``payment'' means any transfer of money, cash, or other consideration, including constructive transfer in lieu of money. (2) Settlement agreement.--The term ``settlement agreement'' means a settlement agreement resolving a civil action or potential civil action, participation in any pretrial diversion program, a plea agreement, a deferred prosecution agreement, or a non-prosecution agreement. <all>

S.1807

Taxation

Clean H2 Production Act This bill provides tax incentives for the production of clean hydrogen and for investment in clean hydrogen production facilities. Specifically, it allows a new business-related tax credit for the production of specified amounts of qualified clean hydrogen. The bill defines qualified clean hydrogen as hydrogen that is produced through a process that, as compared to hydrogen produced by steam-methane reforming of nonrenewable natural gas, achieves a percentage reduction in life cycle greenhouse gas emissions that is not less than 50%. The bill also expands the energy tax credit to include clean hydrogen production facilities.

To amend the Internal Revenue Code of 1986 to provide for a production and investment tax credit related to the production of clean hydrogen. Be it enacted by the Senate 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 H2 Production Act''. SEC. 2. TAX CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. (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. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. ``(a) Amount of Credit.--For purposes of section 38, the clean hydrogen production credit for any taxable year is an amount equal to the product of-- ``(1) the applicable amount, multiplied by ``(2) the kilograms of qualified clean hydrogen-- ``(A) produced by the taxpayer at a qualified clean hydrogen production facility during the 10-year period beginning on the date the facility was placed in service, and ``(B)(i) sold by the taxpayer to an unrelated person during the taxable year, ``(ii) used by the taxpayer or a related person during the taxable year, or ``(iii) stored during the taxable year for subsequent use by the taxpayer or a related person. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)(1), the applicable amount shall be an amount equal to the applicable percentage of $3.00. If any amount as determined under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than 75 percent, 20 percent, ``(B) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 75 percent and less than 85 percent, 25 percent, ``(C) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 85 percent and less than 95 percent, 34 percent, and ``(D) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 95 percent, 100 percent. ``(3) Inflation adjustment.--The $3.00 amount in paragraph (1) shall be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), determined by substituting `2020' for `1992' in subparagraph (B) thereof) for the calendar year in which the sale or use of the qualified clean hydrogen occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(c) Credit Reduction.--The amount of the credit determined under subsection (a) with respect to any qualified clean hydrogen production facility for any taxable year shall be reduced in a manner similar to the reduction applied under section 45(b)(3). ``(d) Definitions.--For purposes of this section-- ``(1) Lifecycle greenhouse gas emissions.--For purposes of this section, the term `lifecycle greenhouse gas emissions' has the same meaning given such term under subparagraph (H) of section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on the date of enactment of this section, as related to the full fuel lifecycle through the point of hydrogen production. ``(2) Qualified clean hydrogen.-- ``(A) In general.--The term `qualified clean hydrogen' means hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming of non-renewable natural gas, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 50 percent. ``(B) Exclusion.--The term `qualified clean hydrogen' shall not include any hydrogen for which a credit is allowed for the taxable year-- ``(i) under section 38 which is properly allocable to any credit determined under this part (other than this section), or ``(ii) under subchapter B of chapter 65 of subtitle F. ``(3) Qualified clean hydrogen production facility.-- ``(A) In general.--The term `qualified clean hydrogen production facility' means-- ``(i) a facility owned by the taxpayer-- ``(I) which produces qualified clean hydrogen which, with respect to any taxable year, is sold by the taxpayer to an unrelated person or used by the taxpayer, ``(II) which satisfies the requirements under subparagraphs (B) and (C), and ``(III) the construction of which begins before January 1, 2030, and ``(ii) in connection with any facility described in clause (i), any property used to convert feedstock to hydrogen, including any equipment or supporting facility which-- ``(I) accepts or receives feedstock, ``(II) conditions or stores feedstock or hydrogen, or ``(III) distributes or redistributes hydrogen. ``(B) Wage requirements.--The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in-- ``(i) the construction of such facility, or ``(ii) for any year during the period described in subsection (a)(2)(A) which begins after the date of the enactment of this section, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. ``(C) Labor requirements.-- ``(i) Apprenticeships.--The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that all contractors and subcontractors engaged in the performance of construction, alteration, or repair work on any facility shall, subject to clause (ii), ensure that not less than 15 percent of the total labor hours of such work be performed by qualified apprentices. ``(ii) Apprentice-to-journeyworker ratio.-- The requirement under clause (i) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. ``(iii) Participation.--Each contractor and subcontractor described in clause (i) that employs 4 or more individuals to perform construction, alteration, or repair work on any facility shall employ 1 or more qualified apprentices to perform such work. ``(iv) Exception.--Notwithstanding any other provision in this subparagraph, this subparagraph shall not apply in the case of a taxpayer who-- ``(I) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work, and ``(II) makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this subparagraph. ``(4) Steam-methane reforming.--The term `steam-methane reforming' means a hydrogen production process in which high- temperature steam is used to produce hydrogen from natural gas, without carbon capture and sequestration. ``(e) Special Rules.-- ``(1) In general.--Rules similar to the rules of paragraphs (3) and (4) of section 45(e) shall apply for purposes of this section. ``(2) Production in the united states.--No credit shall be allowed under this section with respect to any qualified clean hydrogen which is produced outside of the United States (as defined in section 638(1) or any possession of the United States (as defined in section 638(2)). ``(f) Guidance.--Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with the Secretary of Energy and Administrator of the Environmental Protection Agency, shall publish guidance prescribing methods for determining the credit based on lifecycle greenhouse gas emissions. For purposes of the preceding sentence, such methods shall consider the emissions associated with any feedstock or energy source which is not co-located at the qualified clean hydrogen production facility if-- ``(1) such feedstock or energy source is contractually obtained by the taxpayer, ``(2) the taxpayer provides sufficient legal assurances that no other person can claim credit for the environmental attributes of such feedstock or energy source, and ``(3) environmental attributes of the non co-located feedstock or energy source are only considered to the extent the taxpayer consumes an equivalent amount of the feedstock or energy source in the production of hydrogen, whereas-- ``(A) in the case of electricity used to produce hydrogen then only an equivalent amount of electricity which is not co-located may be considered, and ``(B) in the case of natural gas used to produce hydrogen then only an equivalent amount of biogas which is not co-located may be considered.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (32), by striking ``plus'' at the end, (B) in paragraph (33), by striking the period at the end and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(34) the clean hydrogen production credit determined under section 45U(a).''. (2) 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. Credit for production of clean hydrogen.''. (c) Effective Date.--The amendments made by this section shall apply to hydrogen used or sold after December 31, 2020. SEC. 3. EXPANSION OF ENERGY CREDIT TO INCLUDE CLEAN HYDROGEN PRODUCTION FACILITIES. (a) In General.--Section 48(a)(5) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraph (A)(ii), by inserting ``subject to subparagraph (G)(i),'' before ``the energy percentage'', (2) in subparagraph (B), by inserting ``or 45U'' after ``section 45'', (3) in subparagraph (C)-- (A) in clause (i), by inserting ``or, subject to subparagraph (G)(ii), a qualified clean hydrogen production facility (as defined in section 45U(d)(3)) which meets the requirements of section 45U(b)(2)(C)'' after ``section 45(d)'', (B) in clause (ii), by inserting ``(or, in the case of a qualified clean hydrogen production facility, which is placed in service after 2020 and the construction of which begins before January 1, 2030)'' after ``January 1, 2022'', and (C) in clause (iii)(I), by inserting ``or 45U'' after ``section 45'', and (4) by adding at the end the following: ``(G) Qualified clean hydrogen production facilities.-- ``(i) Energy percentage.-- ``(I) In general.--For purposes of subparagraph (A)(ii), in the case of a qualified investment credit facility which is a qualified clean hydrogen production facility, the energy percentage with respect to such facility shall be an amount (expressed as a percentage) equal to-- ``(aa) in the case of a facility which is estimated to produce qualified clean hydrogen (as defined in described in section 45U(d)(2)) which is described in subparagraph (A) of section 45U(b)(2), 20 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), ``(bb) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (B) of section 45U(b)(2), 25 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), ``(cc) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (C) of section 45U(b)(2), 34 percent of the energy percentage otherwise applicable under subparagraph (A)(ii), and ``(dd) in the case of a facility which is estimated to produce qualified clean hydrogen which is described in subparagraph (D) of section 45U(b)(2), 100 percent of the energy percentage otherwise applicable under subparagraph (A)(ii). ``(II) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under this section with respect to any qualified clean hydrogen production facility which significantly fails to produce qualified clean hydrogen consistent with the applicable percentage reduction in lifecycle greenhouse gas emissions described in section 45U(b)(2) which were estimated for such facility pursuant to subclause (I). ``(ii) No double benefit.--For purposes of this paragraph, the term `qualified investment credit facility' shall not include any qualified clean hydrogen production facility for which a credit is allowed under section 38 for the taxable year or any prior taxable year which is properly allocable to any credit determined under-- ``(I) this section (other than pursuant to this paragraph), or ``(II) section 45, 45J, or 45Q.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2020. <all>

Clean H2 Production Act

A bill to amend the Internal Revenue Code of 1986 to provide for a production and investment tax credit related to the production of clean hydrogen.

Clean H2 Production Act

Sen. Carper, Thomas R.

D

DE

This bill provides tax incentives for the production of clean hydrogen and for investment in clean hydrogen production facilities. Specifically, it allows a new business-related tax credit for the production of specified amounts of qualified clean hydrogen. The bill defines qualified clean hydrogen as hydrogen that is produced through a process that, as compared to hydrogen produced by steam-methane reforming of nonrenewable natural gas, achieves a percentage reduction in life cycle greenhouse gas emissions that is not less than 50%. The bill also expands the energy tax credit to include clean hydrogen production facilities.

2. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)(1), the applicable amount shall be an amount equal to the applicable percentage of $3.00. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than 75 percent, 20 percent, ``(B) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 75 percent and less than 85 percent, 25 percent, ``(C) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 85 percent and less than 95 percent, 34 percent, and ``(D) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 95 percent, 100 percent. ``(iv) Exception.--Notwithstanding any other provision in this subparagraph, this subparagraph shall not apply in the case of a taxpayer who-- ``(I) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work, and ``(II) makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this subparagraph. 45U. SEC. ``(ii) No double benefit.--For purposes of this paragraph, the term `qualified investment credit facility' shall not include any qualified clean hydrogen production facility for which a credit is allowed under section 38 for the taxable year or any prior taxable year which is properly allocable to any credit determined under-- ``(I) this section (other than pursuant to this paragraph), or ``(II) section 45, 45J, or 45Q.''.

2. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)(1), the applicable amount shall be an amount equal to the applicable percentage of $3.00. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than 75 percent, 20 percent, ``(B) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 75 percent and less than 85 percent, 25 percent, ``(C) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 85 percent and less than 95 percent, 34 percent, and ``(D) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 95 percent, 100 percent. ``(iv) Exception.--Notwithstanding any other provision in this subparagraph, this subparagraph shall not apply in the case of a taxpayer who-- ``(I) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work, and ``(II) makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this subparagraph. 45U. SEC. ``(ii) No double benefit.--For purposes of this paragraph, the term `qualified investment credit facility' shall not include any qualified clean hydrogen production facility for which a credit is allowed under section 38 for the taxable year or any prior taxable year which is properly allocable to any credit determined under-- ``(I) this section (other than pursuant to this paragraph), or ``(II) section 45, 45J, or 45Q.''.

SHORT TITLE. This Act may be cited as the ``Clean H2 Production 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. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)(1), the applicable amount shall be an amount equal to the applicable percentage of $3.00. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than 75 percent, 20 percent, ``(B) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 75 percent and less than 85 percent, 25 percent, ``(C) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 85 percent and less than 95 percent, 34 percent, and ``(D) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 95 percent, 100 percent. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. ``(ii) Apprentice-to-journeyworker ratio.-- The requirement under clause (i) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. ``(iii) Participation.--Each contractor and subcontractor described in clause (i) that employs 4 or more individuals to perform construction, alteration, or repair work on any facility shall employ 1 or more qualified apprentices to perform such work. ``(iv) Exception.--Notwithstanding any other provision in this subparagraph, this subparagraph shall not apply in the case of a taxpayer who-- ``(I) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work, and ``(II) makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this subparagraph. ``(2) Production in the united states.--No credit shall be allowed under this section with respect to any qualified clean hydrogen which is produced outside of the United States (as defined in section 638(1) or any possession of the United States (as defined in section 638(2)). For purposes of the preceding sentence, such methods shall consider the emissions associated with any feedstock or energy source which is not co-located at the qualified clean hydrogen production facility if-- ``(1) such feedstock or energy source is contractually obtained by the taxpayer, ``(2) the taxpayer provides sufficient legal assurances that no other person can claim credit for the environmental attributes of such feedstock or energy source, and ``(3) environmental attributes of the non co-located feedstock or energy source are only considered to the extent the taxpayer consumes an equivalent amount of the feedstock or energy source in the production of hydrogen, whereas-- ``(A) in the case of electricity used to produce hydrogen then only an equivalent amount of electricity which is not co-located may be considered, and ``(B) in the case of natural gas used to produce hydrogen then only an equivalent amount of biogas which is not co-located may be considered.''. 45U. SEC. ``(ii) No double benefit.--For purposes of this paragraph, the term `qualified investment credit facility' shall not include any qualified clean hydrogen production facility for which a credit is allowed under section 38 for the taxable year or any prior taxable year which is properly allocable to any credit determined under-- ``(I) this section (other than pursuant to this paragraph), or ``(II) section 45, 45J, or 45Q.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2020.

Be it enacted by the Senate 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 H2 Production 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. CREDIT FOR PRODUCTION OF CLEAN HYDROGEN. ``(b) Applicable Amount.-- ``(1) In general.--For purposes of subsection (a)(1), the applicable amount shall be an amount equal to the applicable percentage of $3.00. ``(2) Applicable percentage.--For purposes of paragraph (1), the term `applicable percentage' means-- ``(A) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is less than 75 percent, 20 percent, ``(B) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 75 percent and less than 85 percent, 25 percent, ``(C) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 85 percent and less than 95 percent, 34 percent, and ``(D) in the case of any qualified clean hydrogen which is produced through a process that, as compared to hydrogen produced by steam-methane reforming, achieves a percentage reduction in lifecycle greenhouse gas emissions which is not less than 95 percent, 100 percent. ``(3) Inflation adjustment.--The $3.00 amount in paragraph (1) shall be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), determined by substituting `2020' for `1992' in subparagraph (B) thereof) for the calendar year in which the sale or use of the qualified clean hydrogen occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. 7545(o)(1)), as in effect on the date of enactment of this section, as related to the full fuel lifecycle through the point of hydrogen production. ``(ii) Apprentice-to-journeyworker ratio.-- The requirement under clause (i) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. ``(iii) Participation.--Each contractor and subcontractor described in clause (i) that employs 4 or more individuals to perform construction, alteration, or repair work on any facility shall employ 1 or more qualified apprentices to perform such work. ``(iv) Exception.--Notwithstanding any other provision in this subparagraph, this subparagraph shall not apply in the case of a taxpayer who-- ``(I) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work, and ``(II) makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this subparagraph. ``(e) Special Rules.-- ``(1) In general.--Rules similar to the rules of paragraphs (3) and (4) of section 45(e) shall apply for purposes of this section. ``(2) Production in the united states.--No credit shall be allowed under this section with respect to any qualified clean hydrogen which is produced outside of the United States (as defined in section 638(1) or any possession of the United States (as defined in section 638(2)). ``(f) Guidance.--Not later than 1 year after the date of enactment of this section, the Secretary, in consultation with the Secretary of Energy and Administrator of the Environmental Protection Agency, shall publish guidance prescribing methods for determining the credit based on lifecycle greenhouse gas emissions. For purposes of the preceding sentence, such methods shall consider the emissions associated with any feedstock or energy source which is not co-located at the qualified clean hydrogen production facility if-- ``(1) such feedstock or energy source is contractually obtained by the taxpayer, ``(2) the taxpayer provides sufficient legal assurances that no other person can claim credit for the environmental attributes of such feedstock or energy source, and ``(3) environmental attributes of the non co-located feedstock or energy source are only considered to the extent the taxpayer consumes an equivalent amount of the feedstock or energy source in the production of hydrogen, whereas-- ``(A) in the case of electricity used to produce hydrogen then only an equivalent amount of electricity which is not co-located may be considered, and ``(B) in the case of natural gas used to produce hydrogen then only an equivalent amount of biogas which is not co-located may be considered.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (32), by striking ``plus'' at the end, (B) in paragraph (33), by striking the period at the end and inserting ``, plus'', and (C) by adding at the end the following new paragraph: ``(34) the clean hydrogen production credit determined under section 45U(a).''. 45U. SEC. ``(ii) No double benefit.--For purposes of this paragraph, the term `qualified investment credit facility' shall not include any qualified clean hydrogen production facility for which a credit is allowed under section 38 for the taxable year or any prior taxable year which is properly allocable to any credit determined under-- ``(I) this section (other than pursuant to this paragraph), or ``(II) section 45, 45J, or 45Q.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2020.

S.1352

Energy

This bill establishes deadlines for the Bureau of Land Management and the Forest Service to complete the federal permitting and review process with respect to critical mineral production on federal lands. It also establishes related requirements to expedite the process and remove impediments to the production of critical minerals and the mineral security of the United States.

To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, 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. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY. (a) Definition of Critical Mineral.--In this section, the term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (Public Law 116-260; 134 Stat. 2562; 30 U.S.C. 1606(a)). (b) Sense of Congress.--It is the sense of Congress that-- (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) many critical minerals are only economic to recover when combined with the production of a host mineral; (3) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and (4) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States. (c) Federal Permitting and Review Performance Improvements.--To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretaries''), to the maximum extent practicable, shall complete the Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by-- (1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders-- (A) to incorporate and address the interests of those parties; and (B) to minimize delays; (4) ensuring transparency and accountability by using cost- effective information technology to collect and disseminate information regarding individual projects and agency performance; (5) engaging in early and active consultation with State, local, and Tribal governments-- (A) to avoid conflicts or duplication of effort; (B) to resolve concerns; and (C) to allow for concurrent, rather than sequential, reviews; (6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions; (7) expanding and institutionalizing Federal permitting and review process improvements that have proven effective; (8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (9) developing other practices, such as preapplication procedures. (d) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral- related activities on Federal land, including by-- (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that are outside the control of the Executive branch, such as judicial review, applicant decisions, or State and local government involvement; and (4) describes actions carried out pursuant to subsection (c). (e) Performance Metric.--Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (f) Annual Reports.--Not later than the date on which the President submits the first budget of the President under section 1105 of title 31, United States Code, after publication of the performance metric required under subsection (e), and annually thereafter, the Secretaries shall submit to Congress a report that-- (1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (d); (2) using the performance metric developed under subsection (e), describes progress made by the Executive branch, as compared to the baseline developed pursuant to subsection (d)(3), in expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and (3) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry. (g) Individual Projects.--Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code. <all>

A bill to improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, and for other purposes.

A bill to improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, and for other purposes.

Official Titles - Senate Official Title as Introduced A bill to improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, and for other purposes.

Sen. Murkowski, Lisa

R

AK

This bill establishes deadlines for the Bureau of Land Management and the Forest Service to complete the federal permitting and review process with respect to critical mineral production on federal lands. It also establishes related requirements to expedite the process and remove impediments to the production of critical minerals and the mineral security of the United States.

To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, 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. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY. (a) Definition of Critical Mineral.--In this section, the term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (Public Law 116-260; 134 Stat. 2562; 30 U.S.C. 1606(a)). (d) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral- related activities on Federal land, including by-- (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that are outside the control of the Executive branch, such as judicial review, applicant decisions, or State and local government involvement; and (4) describes actions carried out pursuant to subsection (c). (e) Performance Metric.--Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (g) Individual Projects.--Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code.

To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, 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. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY. 2562; 30 U.S.C. (e) Performance Metric.--Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (g) Individual Projects.--Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code.

To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, 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. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY. (a) Definition of Critical Mineral.--In this section, the term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (Public Law 116-260; 134 Stat. 2562; 30 U.S.C. 1606(a)). (c) Federal Permitting and Review Performance Improvements.--To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretaries''), to the maximum extent practicable, shall complete the Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by-- (1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders-- (A) to incorporate and address the interests of those parties; and (B) to minimize delays; (4) ensuring transparency and accountability by using cost- effective information technology to collect and disseminate information regarding individual projects and agency performance; (5) engaging in early and active consultation with State, local, and Tribal governments-- (A) to avoid conflicts or duplication of effort; (B) to resolve concerns; and (C) to allow for concurrent, rather than sequential, reviews; (6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions; (7) expanding and institutionalizing Federal permitting and review process improvements that have proven effective; (8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (9) developing other practices, such as preapplication procedures. (d) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral- related activities on Federal land, including by-- (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that are outside the control of the Executive branch, such as judicial review, applicant decisions, or State and local government involvement; and (4) describes actions carried out pursuant to subsection (c). (e) Performance Metric.--Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (g) Individual Projects.--Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code.

To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, 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. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY. (a) Definition of Critical Mineral.--In this section, the term ``critical mineral'' has the meaning given the term in section 7002(a) of the Energy Act of 2020 (Public Law 116-260; 134 Stat. 2562; 30 U.S.C. 1606(a)). (b) Sense of Congress.--It is the sense of Congress that-- (1) critical minerals are fundamental to the economy, competitiveness, and security of the United States; (2) many critical minerals are only economic to recover when combined with the production of a host mineral; (3) to the maximum extent practicable, the critical mineral needs of the United States should be satisfied by minerals responsibly produced and recycled in the United States; and (4) the Federal permitting process has been identified as an impediment to mineral production and the mineral security of the United States. (c) Federal Permitting and Review Performance Improvements.--To improve the quality and timeliness of Federal permitting and review processes with respect to critical mineral production on Federal land, the Secretary of the Interior, acting through the Director of the Bureau of Land Management, and the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretaries''), to the maximum extent practicable, shall complete the Federal permitting and review processes with maximum efficiency and effectiveness, while supporting vital economic growth, by-- (1) establishing and adhering to timelines and schedules for the consideration of, and final decisions regarding, applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (2) establishing clear, quantifiable, and temporal permitting performance goals and tracking progress against those goals; (3) engaging in early collaboration among agencies, project sponsors, and affected stakeholders-- (A) to incorporate and address the interests of those parties; and (B) to minimize delays; (4) ensuring transparency and accountability by using cost- effective information technology to collect and disseminate information regarding individual projects and agency performance; (5) engaging in early and active consultation with State, local, and Tribal governments-- (A) to avoid conflicts or duplication of effort; (B) to resolve concerns; and (C) to allow for concurrent, rather than sequential, reviews; (6) providing demonstrable improvements in the performance of Federal permitting and review processes, including lower costs and more timely decisions; (7) expanding and institutionalizing Federal permitting and review process improvements that have proven effective; (8) developing mechanisms to better communicate priorities and resolve disputes among agencies at the national, regional, State, and local levels; and (9) developing other practices, such as preapplication procedures. (d) Review and Report.--Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit to Congress a report that-- (1) identifies additional measures, including regulatory and legislative proposals, if appropriate, that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals; (2) identifies options, including cost recovery paid by permit applicants, for ensuring adequate staffing and training of Federal entities and personnel responsible for the consideration of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral-related activities on Federal land; (3) quantifies the period of time typically required to complete each step associated with the development and processing of applications, operating plans, leases, licenses, permits, and other use authorizations for critical mineral- related activities on Federal land, including by-- (A) calculating the range, the mean, the median, the variance, and other statistical measures or representations of the period of time; and (B) taking into account other aspects that affect the period of time that are outside the control of the Executive branch, such as judicial review, applicant decisions, or State and local government involvement; and (4) describes actions carried out pursuant to subsection (c). (e) Performance Metric.--Not later than 90 days after the date of submission of the report under subsection (d), and after providing public notice and an opportunity to comment, the Secretaries, using as a baseline the period of time quantified under paragraph (3) of that subsection, shall develop and publish a performance metric for evaluating the progress made by the Executive branch to expedite the permitting of activities that will increase exploration for, and development of, domestic critical minerals, while maintaining environmental standards. (f) Annual Reports.--Not later than the date on which the President submits the first budget of the President under section 1105 of title 31, United States Code, after publication of the performance metric required under subsection (e), and annually thereafter, the Secretaries shall submit to Congress a report that-- (1) summarizes the implementation of recommendations, measures, and options identified in paragraphs (1) and (2) of subsection (d); (2) using the performance metric developed under subsection (e), describes progress made by the Executive branch, as compared to the baseline developed pursuant to subsection (d)(3), in expediting the permitting of activities that will increase exploration for, and development of, domestic critical minerals; and (3) compares the United States to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry. (g) Individual Projects.--Each year, using data contained in the reports submitted under subsection (f), the Director of the Office of Management and Budget shall prioritize inclusion of individual critical mineral projects on the website operated by the Office of Management and Budget in accordance with section 1122 of title 31, United States Code. <all>

S.2128

Immigration

Stop Shackling and Detaining Pregnant Women Act This bill prohibits the Department of Homeland Security (DHS) from detaining an individual during pregnancy or postpartum recovery and addresses related issues. DHS must immediately release any detainee found to be pregnant, unless the detainee presents an immediate and serious threat of hurting themselves or others. A DHS detention facility may not use a restraint on a detainee who is known to be pregnant, including during labor, transport to a medical facility or birthing center, and delivery, or during postpartum recovery, except for medical or safety purposes. The bill requires DHS to use the least restrictive restraint necessary and prohibits certain specified restraint types, including four-point restraints and binding hands behind the detainee's back. The bill prohibits DHS detention officers from being present during a detainee's pelvic exam, labor, delivery, or treatment relating to a pregnancy, unless specifically requested by medical personnel. If a detention officer is requested by medical personnel, such officer shall be female, if practicable, and remain at a reasonable distance from the detainee. A pregnant detainee must have access to health care services, including comprehensive services relating to reproductive health care and pregnancy. DHS must provide annual training about this bill's requirements to each employee who has a role in the detention or care of a pregnant detainee or a postpartum parent of a newborn. DHS must also provide each detainee notice of their rights under this bill in the detainee's native language.

To ensure the humane treatment of pregnant women by reinstating the presumption of release and prohibiting shackling, restraining, and other inhumane treatment of pregnant detainees, 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 ``Stop Shackling and Detaining Pregnant Women Act''. SEC. 2. LIMITATION ON DETENTION OF PREGNANT WOMEN AND MOTHERS OF NEWBORNS. (a) Presumption of Release.-- (1) In general.--Except as provided in paragraph (2), the Secretary-- (A) shall not detain an individual under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) during pregnancy or postpartum recovery, pending a decision with respect to whether the individual is to be removed from the United States; and (B) shall immediately release any detainee found to be pregnant. (2) Exceptions.--The Secretary may detain pursuant to the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) an individual during pregnancy or postpartum recovery under extraordinary circumstances in which the Secretary makes an individualized determination that credible, reasonable grounds exist to believe that the individual presents an immediate and serious threat of hurting themselves or others. (3) Removal.--In a case in which detention is the least restrictive means of effectuating the removal from the United States of a pregnant individual subject to a final order of deportation or removal, the Secretary may, solely for the purpose of such deportation or removal, detain the pregnant individual for a period that is-- (A) the shortest possible period immediately preceding the deportation or removal of the individual from the United States; and (B) not more than 5 days. (b) Weekly Review Required.-- (1) In general.--With respect to a detainee detained under paragraph (2) of subsection (a), not less frequently than weekly, the Secretary shall conduct an individualized review to determine whether the detainee continues to be subject to detention under that paragraph. (2) Release.--In the case of a determination under paragraph (1) that a pregnant detainee is not subject to detention under subsection (a)(2), not later than 1 day after the date on which the Secretary makes the determination, the Secretary shall release the detainee. SEC. 3. HUMANE TREATMENT OF PREGNANT WOMEN WHILE IN DETENTION. (a) Prohibition on Restraint of Pregnant Detainees.-- (1) Prohibition.--Except as provided in paragraph (2), a detention facility shall not use a restraint on a detainee-- (A) known to be pregnant, including during-- (i) labor; (ii) transport to a medical facility or birthing center; and (iii) delivery; or (B) during postpartum recovery. (2) Use of restraints for medical purposes and in extraordinary circumstances.-- (A) In general.--Notwithstanding paragraph (1), subject to subparagraph (B), use of a restraint on a detainee described in paragraph (1) may be permitted only-- (i) for a medical purpose if the lead medical staff of the detention facility who is a licensed health care provider has ordered the use of the restraint for the medical purpose; or (ii) in an extraordinary circumstance, except for a medical purpose, in which the facility administrator has ordered the use of the restraint after making an individualized determination that-- (I) credible, reasonable grounds exist to believe the detainee presents an immediate and serious threat of hurting staff or others; or (II) reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method. (B) Requirement for least restrictive restraints.-- In the rare event of an extraordinary circumstance described in subparagraph (A)(ii), only the least restrictive restraint necessary shall be used, except that-- (i) if a doctor, nurse, or other health professional treating a detainee described in paragraph (1) requests that a restraint not be used, the detention officer accompanying the detainee shall immediately remove any restraint; (ii) under no circumstance shall a leg, waist, or 4-point restraint be used; (iii) under no circumstance shall a wrist restraint be used to bind the hands of such a detainee behind the back of the detainee or to another individual; and (iv) under no circumstance shall any restraint be used on any detainee who is in labor or delivering. (3) Record of extraordinary circumstances.-- (A) Requirements.--If a restraint is used on a detainee pursuant to paragraph (2)(A), not later than 5 days after the date on which the restraint was used, the facility administrator shall-- (i) make a written finding that describes the medical purpose or extraordinary circumstance that dictated the use of the restraint; and (ii) submit the finding to the Director. (B) Retention.-- (i) Detention facility.--With respect to a written finding under subparagraph (A)(i), the facility administrator shall-- (I) keep the finding on file at the applicable detention facility for not less than 5 years after the date on which the restraint was used; and (II) make the finding available for public inspection. (ii) Immigration and customs enforcement.-- With respect to a written finding submitted to the Director under subparagraph (A)(ii), the Director shall maintain the written finding and make the finding available for public inspection. (iii) Privacy.--With respect to a written finding made available for public inspection under clause (i) or (ii), the individually identifying information of a detainee shall not be made available for public inspection without the prior written consent of the detainee. (b) Prohibition on Presence of Detention Officers.-- (1) In general.--Except as provided in paragraph (2), no detention officer shall be present in the room during a pelvic exam, labor, delivery, or treatment of any other symptom relating to a pregnancy of a detainee, unless specifically requested by medical personnel. (2) Exception.--If the presence of a detention officer is requested by medical personnel, the detention officer shall-- (A) be female, if practicable; and (B) remain at a reasonable distance from the detainee and toward the detainee's head to protect detainee's privacy. (3) Use of restraints.--If a restraint is used on a detainee pursuant to subsection (a)(2)(A), a detention officer shall remain immediately outside the room at all times so that the officer may promptly remove the restraint if requested by medical personnel, as required by subsection (a)(2)(B)(i). (c) Access to Services.--A pregnant detainee shall have access to health care services, including comprehensive services relating to reproductive health care and pregnancy, including-- (1) routine or specialized prenatal care; (2) comprehensive counseling and assistance; (3) postpartum follow-up; (4) lactation services; and (5) abortion services. SEC. 4. NOTICE OF RIGHTS AND TRAINING. (a) Notice of Detainee Rights.--The Secretary shall provide to each detainee, in the detainee's native language, notice of the detainee's rights under this Act. (b) Training for DHS Employees.--At the time of hiring, and annually thereafter, the Secretary shall provide training on the requirements of this Act to each employee of the Department of Homeland Security who has a role in the detention or care of a pregnant detainee or a postpartum parent of a newborn detained under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 5. REPORTING; RULEMAKING. (a) Reports.-- (1) Reports by facility administrators.--Not later than 30 days after the end of each quarter fiscal year, the facility administrator of each detention facility that detained a pregnant detainee during the quarter shall submit to the Secretary a written report that includes, with respect to the detention facility during the quarter, the following: (A) An account of every instance of the use of a restraint on a pregnant detainee, including the justification for such restraint and the name of the facility administrator who made the individualized determination under section 3(a)(2)(A)(ii). (B) The number of pregnant detainees held at the detention facility. (C) The average length of detention of pregnant detainees. (D) The number of pregnant detainees detained longer than 15 days. (E) The number of pregnant detainees detained longer than 30 days. (2) Audit and reports by secretary.--Not later than 90 days after the end of each fiscal year, the Secretary shall-- (A) complete an audit of the information submitted under subparagraphs (B) through (E) of paragraph (1); (B) submit to the appropriate committees of Congress a report that includes all information submitted under paragraph (1), disaggregated by detention facility; and (C) issue regulations in accordance with national standards regarding minimum standards facilities should provide. (3) Privacy.--A report submitted under this subsection shall not contain the individually identifying information of any detainee. (4) Public inspection.-- (A) In general.--Except as provided in subparagraph (B), a report submitted under this subsection shall be made available for public inspection. (B) Facility administrator.--A report submitted under this subsection that is made available for public inspection shall not contain the name of the facility administrator otherwise included under paragraph (1)(A). (b) Rulemaking.--The Secretary and the Attorney General shall adopt regulations or policies to carry out this Act at each detention facility. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on the Judiciary and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. (2) Detainee.--The term ``detainee'' includes any adult or juvenile individual detained by any Federal, State, or local law enforcement agency (including under contract or agreement with such agency) under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (3) Detention facility.--The term ``detention facility'' means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including a facility that-- (A) holds such individuals under a contract or agreement with the Director or Commissioner; or (B) is used, in whole or in part, to hold individuals pursuant to an immigration detainer or similar request. (4) Detention officer.--The term ``detention officer'' means an individual who works at a detention facility, including an individual who works at a detention facility pursuant to contract or subcontract. (5) Director.--The term ``Director'' means the Director of U.S. Immigration and Customs Enforcement. (6) Facility administrator.--The term ``facility administrator'' means the official responsible for oversight of a detention facility or the designee of such official. (7) Postpartum recovery.--The term ``postpartum recovery'' means the 1-year period, or longer, as determined by the licensed health care provider of the individual concerned, following delivery, including the entire period during which the individual is in a medical facility, birthing center, or infirmary after birth. (8) Restraint.--The term ``restraint'' means any physical restraint or mechanical device used to control the movement of the body or limbs of a detainee body, including-- (A) flex cuffs; (B) soft restraints; (C) hard metal handcuffs; (D) a black box; (E) Chubb cuffs; (F) leg irons; (G) belly chains; (H) a security (tether) chain; and (I) a convex shield. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. <all>

Stop Shackling and Detaining Pregnant Women Act

A bill to ensure the humane treatment of pregnant women by reinstating the presumption of release and prohibiting shackling, restraining, and other inhumane treatment of pregnant detainees, and for other purposes.

Stop Shackling and Detaining Pregnant Women Act

Sen. Murray, Patty

D

WA

This bill prohibits the Department of Homeland Security (DHS) from detaining an individual during pregnancy or postpartum recovery and addresses related issues. DHS must immediately release any detainee found to be pregnant, unless the detainee presents an immediate and serious threat of hurting themselves or others. A DHS detention facility may not use a restraint on a detainee who is known to be pregnant, including during labor, transport to a medical facility or birthing center, and delivery, or during postpartum recovery, except for medical or safety purposes. The bill requires DHS to use the least restrictive restraint necessary and prohibits certain specified restraint types, including four-point restraints and binding hands behind the detainee's back. The bill prohibits DHS detention officers from being present during a detainee's pelvic exam, labor, delivery, or treatment relating to a pregnancy, unless specifically requested by medical personnel. If a detention officer is requested by medical personnel, such officer shall be female, if practicable, and remain at a reasonable distance from the detainee. A pregnant detainee must have access to health care services, including comprehensive services relating to reproductive health care and pregnancy. DHS must provide annual training about this bill's requirements to each employee who has a role in the detention or care of a pregnant detainee or a postpartum parent of a newborn. DHS must also provide each detainee notice of their rights under this bill in the detainee's native language.

2. (a) Presumption of Release.-- (1) In general.--Except as provided in paragraph (2), the Secretary-- (A) shall not detain an individual under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) an individual during pregnancy or postpartum recovery under extraordinary circumstances in which the Secretary makes an individualized determination that credible, reasonable grounds exist to believe that the individual presents an immediate and serious threat of hurting themselves or others. (3) Removal.--In a case in which detention is the least restrictive means of effectuating the removal from the United States of a pregnant individual subject to a final order of deportation or removal, the Secretary may, solely for the purpose of such deportation or removal, detain the pregnant individual for a period that is-- (A) the shortest possible period immediately preceding the deportation or removal of the individual from the United States; and (B) not more than 5 days. HUMANE TREATMENT OF PREGNANT WOMEN WHILE IN DETENTION. (3) Record of extraordinary circumstances.-- (A) Requirements.--If a restraint is used on a detainee pursuant to paragraph (2)(A), not later than 5 days after the date on which the restraint was used, the facility administrator shall-- (i) make a written finding that describes the medical purpose or extraordinary circumstance that dictated the use of the restraint; and (ii) submit the finding to the Director. (2) Exception.--If the presence of a detention officer is requested by medical personnel, the detention officer shall-- (A) be female, if practicable; and (B) remain at a reasonable distance from the detainee and toward the detainee's head to protect detainee's privacy. (c) Access to Services.--A pregnant detainee shall have access to health care services, including comprehensive services relating to reproductive health care and pregnancy, including-- (1) routine or specialized prenatal care; (2) comprehensive counseling and assistance; (3) postpartum follow-up; (4) lactation services; and (5) abortion services. NOTICE OF RIGHTS AND TRAINING. REPORTING; RULEMAKING. (B) The number of pregnant detainees held at the detention facility. (E) The number of pregnant detainees detained longer than 30 days. (4) Public inspection.-- (A) In general.--Except as provided in subparagraph (B), a report submitted under this subsection shall be made available for public inspection. SEC. 6. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on the Judiciary and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

2. (a) Presumption of Release.-- (1) In general.--Except as provided in paragraph (2), the Secretary-- (A) shall not detain an individual under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) an individual during pregnancy or postpartum recovery under extraordinary circumstances in which the Secretary makes an individualized determination that credible, reasonable grounds exist to believe that the individual presents an immediate and serious threat of hurting themselves or others. (3) Removal.--In a case in which detention is the least restrictive means of effectuating the removal from the United States of a pregnant individual subject to a final order of deportation or removal, the Secretary may, solely for the purpose of such deportation or removal, detain the pregnant individual for a period that is-- (A) the shortest possible period immediately preceding the deportation or removal of the individual from the United States; and (B) not more than 5 days. (3) Record of extraordinary circumstances.-- (A) Requirements.--If a restraint is used on a detainee pursuant to paragraph (2)(A), not later than 5 days after the date on which the restraint was used, the facility administrator shall-- (i) make a written finding that describes the medical purpose or extraordinary circumstance that dictated the use of the restraint; and (ii) submit the finding to the Director. (c) Access to Services.--A pregnant detainee shall have access to health care services, including comprehensive services relating to reproductive health care and pregnancy, including-- (1) routine or specialized prenatal care; (2) comprehensive counseling and assistance; (3) postpartum follow-up; (4) lactation services; and (5) abortion services. NOTICE OF RIGHTS AND TRAINING. (B) The number of pregnant detainees held at the detention facility. (4) Public inspection.-- (A) In general.--Except as provided in subparagraph (B), a report submitted under this subsection shall be made available for public inspection. SEC. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on the Judiciary and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

SHORT TITLE. 2. LIMITATION ON DETENTION OF PREGNANT WOMEN AND MOTHERS OF NEWBORNS. (a) Presumption of Release.-- (1) In general.--Except as provided in paragraph (2), the Secretary-- (A) shall not detain an individual under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) an individual during pregnancy or postpartum recovery under extraordinary circumstances in which the Secretary makes an individualized determination that credible, reasonable grounds exist to believe that the individual presents an immediate and serious threat of hurting themselves or others. (3) Removal.--In a case in which detention is the least restrictive means of effectuating the removal from the United States of a pregnant individual subject to a final order of deportation or removal, the Secretary may, solely for the purpose of such deportation or removal, detain the pregnant individual for a period that is-- (A) the shortest possible period immediately preceding the deportation or removal of the individual from the United States; and (B) not more than 5 days. (b) Weekly Review Required.-- (1) In general.--With respect to a detainee detained under paragraph (2) of subsection (a), not less frequently than weekly, the Secretary shall conduct an individualized review to determine whether the detainee continues to be subject to detention under that paragraph. HUMANE TREATMENT OF PREGNANT WOMEN WHILE IN DETENTION. (3) Record of extraordinary circumstances.-- (A) Requirements.--If a restraint is used on a detainee pursuant to paragraph (2)(A), not later than 5 days after the date on which the restraint was used, the facility administrator shall-- (i) make a written finding that describes the medical purpose or extraordinary circumstance that dictated the use of the restraint; and (ii) submit the finding to the Director. (2) Exception.--If the presence of a detention officer is requested by medical personnel, the detention officer shall-- (A) be female, if practicable; and (B) remain at a reasonable distance from the detainee and toward the detainee's head to protect detainee's privacy. (c) Access to Services.--A pregnant detainee shall have access to health care services, including comprehensive services relating to reproductive health care and pregnancy, including-- (1) routine or specialized prenatal care; (2) comprehensive counseling and assistance; (3) postpartum follow-up; (4) lactation services; and (5) abortion services. NOTICE OF RIGHTS AND TRAINING. REPORTING; RULEMAKING. (B) The number of pregnant detainees held at the detention facility. (E) The number of pregnant detainees detained longer than 30 days. (3) Privacy.--A report submitted under this subsection shall not contain the individually identifying information of any detainee. (4) Public inspection.-- (A) In general.--Except as provided in subparagraph (B), a report submitted under this subsection shall be made available for public inspection. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on the Judiciary and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. (3) Detention facility.--The term ``detention facility'' means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including a facility that-- (A) holds such individuals under a contract or agreement with the Director or Commissioner; or (B) is used, in whole or in part, to hold individuals pursuant to an immigration detainer or similar request. (7) Postpartum recovery.--The term ``postpartum recovery'' means the 1-year period, or longer, as determined by the licensed health care provider of the individual concerned, following delivery, including the entire period during which the individual is in a medical facility, birthing center, or infirmary after birth. (8) Restraint.--The term ``restraint'' means any physical restraint or mechanical device used to control the movement of the body or limbs of a detainee body, including-- (A) flex cuffs; (B) soft restraints; (C) hard metal handcuffs; (D) a black box; (E) Chubb cuffs; (F) leg irons; (G) belly chains; (H) a security (tether) chain; and (I) a convex shield. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

Be it enacted by the Senate 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 Shackling and Detaining Pregnant Women Act''. 2. LIMITATION ON DETENTION OF PREGNANT WOMEN AND MOTHERS OF NEWBORNS. (a) Presumption of Release.-- (1) In general.--Except as provided in paragraph (2), the Secretary-- (A) shall not detain an individual under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) an individual during pregnancy or postpartum recovery under extraordinary circumstances in which the Secretary makes an individualized determination that credible, reasonable grounds exist to believe that the individual presents an immediate and serious threat of hurting themselves or others. (3) Removal.--In a case in which detention is the least restrictive means of effectuating the removal from the United States of a pregnant individual subject to a final order of deportation or removal, the Secretary may, solely for the purpose of such deportation or removal, detain the pregnant individual for a period that is-- (A) the shortest possible period immediately preceding the deportation or removal of the individual from the United States; and (B) not more than 5 days. (b) Weekly Review Required.-- (1) In general.--With respect to a detainee detained under paragraph (2) of subsection (a), not less frequently than weekly, the Secretary shall conduct an individualized review to determine whether the detainee continues to be subject to detention under that paragraph. HUMANE TREATMENT OF PREGNANT WOMEN WHILE IN DETENTION. (B) Requirement for least restrictive restraints.-- In the rare event of an extraordinary circumstance described in subparagraph (A)(ii), only the least restrictive restraint necessary shall be used, except that-- (i) if a doctor, nurse, or other health professional treating a detainee described in paragraph (1) requests that a restraint not be used, the detention officer accompanying the detainee shall immediately remove any restraint; (ii) under no circumstance shall a leg, waist, or 4-point restraint be used; (iii) under no circumstance shall a wrist restraint be used to bind the hands of such a detainee behind the back of the detainee or to another individual; and (iv) under no circumstance shall any restraint be used on any detainee who is in labor or delivering. (3) Record of extraordinary circumstances.-- (A) Requirements.--If a restraint is used on a detainee pursuant to paragraph (2)(A), not later than 5 days after the date on which the restraint was used, the facility administrator shall-- (i) make a written finding that describes the medical purpose or extraordinary circumstance that dictated the use of the restraint; and (ii) submit the finding to the Director. (2) Exception.--If the presence of a detention officer is requested by medical personnel, the detention officer shall-- (A) be female, if practicable; and (B) remain at a reasonable distance from the detainee and toward the detainee's head to protect detainee's privacy. (c) Access to Services.--A pregnant detainee shall have access to health care services, including comprehensive services relating to reproductive health care and pregnancy, including-- (1) routine or specialized prenatal care; (2) comprehensive counseling and assistance; (3) postpartum follow-up; (4) lactation services; and (5) abortion services. NOTICE OF RIGHTS AND TRAINING. REPORTING; RULEMAKING. (B) The number of pregnant detainees held at the detention facility. (E) The number of pregnant detainees detained longer than 30 days. (2) Audit and reports by secretary.--Not later than 90 days after the end of each fiscal year, the Secretary shall-- (A) complete an audit of the information submitted under subparagraphs (B) through (E) of paragraph (1); (B) submit to the appropriate committees of Congress a report that includes all information submitted under paragraph (1), disaggregated by detention facility; and (C) issue regulations in accordance with national standards regarding minimum standards facilities should provide. (3) Privacy.--A report submitted under this subsection shall not contain the individually identifying information of any detainee. (4) Public inspection.-- (A) In general.--Except as provided in subparagraph (B), a report submitted under this subsection shall be made available for public inspection. SEC. 6. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on the Judiciary and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives. (3) Detention facility.--The term ``detention facility'' means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement or the Commissioner of U.S. Customs and Border Protection, including a facility that-- (A) holds such individuals under a contract or agreement with the Director or Commissioner; or (B) is used, in whole or in part, to hold individuals pursuant to an immigration detainer or similar request. (6) Facility administrator.--The term ``facility administrator'' means the official responsible for oversight of a detention facility or the designee of such official. (7) Postpartum recovery.--The term ``postpartum recovery'' means the 1-year period, or longer, as determined by the licensed health care provider of the individual concerned, following delivery, including the entire period during which the individual is in a medical facility, birthing center, or infirmary after birth. (8) Restraint.--The term ``restraint'' means any physical restraint or mechanical device used to control the movement of the body or limbs of a detainee body, including-- (A) flex cuffs; (B) soft restraints; (C) hard metal handcuffs; (D) a black box; (E) Chubb cuffs; (F) leg irons; (G) belly chains; (H) a security (tether) chain; and (I) a convex shield. (9) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.

S.3580

Transportation and Public Works

Ocean Shipping Reform Act of 2022 This act revises requirements governing ocean shipping to increase the authority of the Federal Maritime Commission (FMC) to promote the growth and development of U.S. exports through an ocean transportation system that is competitive, efficient, and economical. For example, the bill requires the FMC to (1) investigate complaints about detention and demurrage charges (i.e., late fees) charged by common ocean carriers, (2) determine whether those charges are reasonable, and (3) order refunds for unreasonable charges. It also prohibits common ocean carriers, marine terminal operators, or ocean transportation intermediaries from unreasonably refusing cargo space when available or resorting to other unfair or unjustly discriminatory methods.

[117th Congress Public Law 146] [From the U.S. Government Publishing Office] [[Page 1271]] OCEAN SHIPPING REFORM ACT OF 2022 [[Page 136 STAT. 1272]] Public Law 117-146 117th Congress An Act To amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes. <<NOTE: June 16, 2022 - [S. 3580]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Ocean Shipping Reform Act of 2022.>> SECTION 1. <<NOTE: 46 USC 101 note.>> SHORT TITLE. This Act may be cited as the ``Ocean Shipping Reform Act of 2022''. SEC. 2. PURPOSES. Section 40101 of title 46, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) ensure an efficient, competitive, and economical transportation system in the ocean commerce of the United States;''; (2) in paragraph (3), by inserting ``and supporting commerce'' after ``needs''; and (3) by striking paragraph (4) and inserting the following: ``(4) promote the growth and development of United States exports through a competitive and efficient system for the carriage of goods by water in the foreign commerce of the United States, and by placing a greater reliance on the marketplace.''. SEC. 3. SERVICE CONTRACTS. Section 40502(c) of title 46, United States Code, is amended-- (1) in paragraph (7), by striking ``; and'' and inserting a semicolon; (2) in paragraph (8), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(9) any other essential terms that the Federal Maritime Commission determines necessary or appropriate through a rulemaking process.''. SEC. 4. SHIPPING EXCHANGE REGISTRY. (a) In General.--Chapter 405 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 40504. <<NOTE: 46 USC 40504.>> Shipping exchange registry ``(a) In General.--No person may operate a shipping exchange involving ocean transportation in the foreign commerce of the United States unless the shipping exchange is registered as a national shipping exchange under the terms and conditions provided in this section and the regulations issued pursuant to this section. [[Page 136 STAT. 1273]] ``(b) Registration.-- <<NOTE: Regulations.>> A person shall register a shipping exchange by filing with the Federal Maritime Commission an application for registration in such form as the Commission, by rule, may prescribe, containing the rules of the exchange and such other information and documents as the Commission, by rule, may prescribe as necessary or appropriate to complete a shipping exchange's registration. ``(c) Exemption.--The Commission may exempt, conditionally or unconditionally, a shipping exchange from registration under this section if the Commission finds that the shipping exchange is subject to comparable, comprehensive supervision and regulation by the appropriate governmental authorities in a foreign country where the shipping exchange is headquartered. ``(d) Regulations.-- <<NOTE: Deadline. Standards.>> Not later than 3 years after the date of enactment of the Ocean Shipping Reform Act of 2022, the Commission shall issue regulations pursuant to subsection (a), which shall set standards necessary to carry out subtitle IV of this title for registered national shipping exchanges. For consideration of a service contract entered into by a shipping exchange, the Commission shall be limited to the minimum essential terms for service contracts established under section 40502 of this title. ``(e) Definition of Shipping Exchange.--In this section, the term `shipping exchange' means a platform (digital, over-the-counter, or otherwise) that connects shippers with common carriers for the purpose of entering into underlying agreements or contracts for the transport of cargo, by vessel or other modes of transportation.''. (b) <<NOTE: Effective date. 46 USC 40504 note.>> Applicability.-- The registration requirement under section 40504 of title 46, United States Code (as added by subsection (a)), shall take effect on the date on which the Federal Maritime Commission states the rule is effective in the regulations issued under such section. (c) Clerical Amendment.--The analysis for chapter 405 of title 46, United States Code, <<NOTE: 46 USC 40501 prec.>> is amended by adding at the end the following: ``40504. Shipping exchange registry.''. SEC. 5. PROHIBITION ON RETALIATION. Section 41102 of title 46, United States Code, is amended by adding at the end the following: ``(d) Retaliation and Other Discriminatory Actions.--A common carrier, marine terminal operator, or ocean transportation intermediary, acting alone or in conjunction with any other person, directly or indirectly, may not-- ``(1) retaliate against a shipper, an agent of a shipper, an ocean transportation intermediary, or a motor carrier by refusing, or threatening to refuse, an otherwise-available cargo space accommodation; or ``(2) resort to any other unfair or unjustly discriminatory action for-- ``(A) the reason that a shipper, an agent of a shipper, an ocean transportation intermediary, or motor carrier has-- ``(i) patronized another carrier; or ``(ii) filed a complaint against the common carrier, marine terminal operator, or ocean transportation intermediary; or [[Page 136 STAT. 1274]] ``(B) any other reason.''. SEC. 6. PUBLIC DISCLOSURE. Section 46106 of title 46, United States Code, is amended by adding at the end the following: ``(d) Public Disclosures.-- <<NOTE: Web posting.>> The Federal Maritime Commission shall publish, and annually update, on the website of the Commission-- ``(1) all findings by the Commission of false detention and demurrage invoice information by common carriers under section 41104(a)(15) of this title; and ``(2) all penalties imposed or assessed against common carriers, as applicable, under sections 41107, 41108, and 41109, listed by each common carrier.''. SEC. 7. COMMON CARRIERS. (a) In General.--Section 41104 of title 46, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``may not'' and inserting ``shall not''; (B) by striking paragraph (3) and inserting the following: ``(3) unreasonably refuse cargo space accommodations when available, or resort to other unfair or unjustly discriminatory methods;''; (C) in paragraph (5), by striking`` in the matter of rates or charges'' and inserting ``against any commodity group or type of shipment or in the matter of rates or charges''; (D) in paragraph (10), by adding ``, including with respect to vessel space accommodations provided by an ocean common carrier'' after ``negotiate''; (E) in paragraph (12) by striking ``; or'' and inserting a semicolon; (F) in paragraph (13) by striking the period and inserting a semicolon; and (G) by adding at the end the following: ``(14) <<NOTE: Assessment.>> assess any party for a charge that is inconsistent or does not comply with all applicable provisions and regulations, including subsection (c) of section 41102 or part 545 of title 46, Code of Federal Regulations (or successor regulations); ``(15) invoice any party for demurrage or detention charges unless the invoice includes information as described in subsection (d) showing that such charges comply with-- ``(A) all provisions of part 545 of title 46, Code of Federal Regulations (or successor regulations); and ``(B) applicable provisions and regulations, including the principles of the final rule published on May 18, 2020, entitled `Interpretive Rule on Demurrage and Detention Under the Shipping Act' (or successor rule); or ``(16) for service pursuant to a service contract, give any undue or unreasonable preference or advantage or impose any undue or unreasonable prejudice or disadvantage against any commodity group or type of shipment.''; and (2) by adding at the end the following: ``(d) Detention and Demurrage Invoice Information.-- [[Page 136 STAT. 1275]] ``(1) Inaccurate invoice.-- <<NOTE: Determination. Applicability.>> If the Commission determines, after an investigation in response to a submission under section 41310, that an invoice under subsection (a)(15) was inaccurate or false, penalties or refunds under section 41107 shall be applied. ``(2) Contents of invoice.--An invoice under subsection (a)(15), unless otherwise determined by subsequent Commission rulemaking, shall include accurate information on each of the following, as well as minimum information as determined by the Commission: ``(A) Date that container is made available. ``(B) The port of discharge. ``(C) The container number or numbers. ``(D) For exported shipments, the earliest return date. ``(E) The allowed free time in days. ``(F) The start date of free time. ``(G) The end date of free time. ``(H) The applicable detention or demurrage rule on which the daily rate is based. ``(I) The applicable rate or rates per the applicable rule. ``(J) The total amount due. ``(K) The email, telephone number, or other appropriate contact information for questions or requests for mitigation of fees. ``(L) A statement that the charges are consistent with any of Federal Maritime Commission rules with respect to detention and demurrage. ``(M) A statement that the common carrier's performance did not cause or contribute to the underlying invoiced charges. ``(e) Safe Harbor.--If a non-vessel operating common carrier passes through to the relevant shipper an invoice made by the ocean common carrier, and the Commission finds that the non-vessel operating common carrier is not otherwise responsible for the charge, then the ocean common carrier shall be subject to refunds or penalties pursuant to subsection (d)(1). ``(f) Elimination of Charge Obligation.--Failure to include the information required under subsection (d) on an invoice with any demurrage or detention charge shall eliminate any obligation of the charged party to pay the applicable charge.''. (b) <<NOTE: 46 USC 41102 note.>> Rulemaking on Demurrage or Detention.-- (1) <<NOTE: Deadlines.>> In general.--Not later than 45 days after the date of enactment of this Act, the Federal Maritime Commission shall initiate a rulemaking further defining prohibited practices by common carriers, marine terminal operators, shippers, and ocean transportation intermediaries under section 41102(c) of title 46, United States Code, regarding the assessment of demurrage or detention charges. The Federal Maritime Commission shall issue a final rule defining such practices not later than 1 year after the date of enactment of this Act. (2) Contents.-- <<NOTE: Determination.>> The rule under paragraph (1) shall only seek to further clarify reasonable rules and practices related to the assessment of detention and demurrage charges to address the issues identified in the final rule published on May 18, 2020, entitled ``Interpretive Rule on Demurrage and Detention Under the Shipping Act'' (or successor rule), including [[Page 136 STAT. 1276]] a determination of which parties may be appropriately billed for any demurrage, detention, or other similar per container charges. (c) <<NOTE: Deadline. 46 USC 41104 note.>> Rulemaking on Unfair or Unjustly Discriminatory Methods.--Not later than 60 days after the date of enactment of this Act, the Federal Maritime Commission shall initiate a rulemaking defining unfair or unjustly discriminatory methods under section 41104(a)(3) of title 46, United States Code, as amended by this section. The Federal Maritime Commission shall issue a final rule not later than 1 year after the date of enactment of this Act. (d) <<NOTE: Deadlines.>> Rulemaking on Unreasonable Refusal to Deal or Negotiate With Respect to Vessel Space Accommodations.--Not later <<NOTE: Consultation.>> than 30 days after the date of enactment of this Act, the Federal Maritime Commission, in consultation with the Commandant of the United States Coast Guard, shall initiate a rulemaking defining unreasonable refusal to deal or negotiate with respect to vessel space under section 41104(a)(10) of title 46, as amended by this section. The Federal Maritime Commission shall issue a final rule not later than 6 months after the date of enactment of this Act. SEC. 8. ASSESSMENT OF PENALTIES OR REFUNDS. (a) In General.--Title 46, United States Code, is amended-- (1) in section 41107-- (A) in the section heading, by inserting ``or refunds'' after ``penalties''; (B) in subsection (a), by inserting ``or, in addition to or in lieu of a civil penalty, is liable for the refund of a charge'' after ``civil penalty''; and (C) in subsection (b), by inserting ``or, in addition to or in lieu of a civil penalty, the refund of a charge,'' after ``civil penalty''; and (2) section 41109 is amended-- (A) by striking subsections (a) and (b) and inserting the following: ``(a) General Authority.--Until a matter is referred to the Attorney General, the Federal Maritime Commission may-- ``(1) <<NOTE: Notice.>> after notice and opportunity for a hearing, in accordance with this part-- ``(A) assess a civil penalty; or ``(B) in addition to, or in lieu of, assessing a civil penalty under subparagraph (A), order a refund of money (including additional amounts in accordance with section 41305(c)), subject to subsection (b)(2); and ``(2) compromise, modify, or remit, with or without conditions, a civil penalty or refund imposed under paragraph (1). ``(b) Determination of Amount.-- ``(1) Factors for consideration.--In determining the amount of a civil penalty assessed or refund of money ordered pursuant to subsection (a), the Federal Maritime Commission shall take into consideration-- ``(A) the nature, circumstances, extent, and gravity of the violation committed; ``(B) with respect to the violator-- ``(i) the degree of culpability; ``(ii) any history of prior offenses; [[Page 136 STAT. 1277]] ``(iii) the ability to pay; and ``(iv) such other matters as justice may require; and ``(C) the amount of any refund of money ordered pursuant to subsection (a)(1)(B). ``(2) Commensurate reduction in civil penalty.-- ``(A) In general.--In any case in which the Federal Maritime Commission orders a refund of money pursuant to subsection (a)(1)(B) in addition to assessing a civil penalty pursuant to subsection (a)(1)(A), the amount of the civil penalty assessed shall be decreased by any additional amounts included in the refund of money in excess of the actual injury (as defined in section 41305(a)). ``(B) Treatment of refunds.--A refund of money ordered pursuant to subsection (a)(1)(B) shall be-- ``(i) considered to be compensation paid to the applicable claimant; and ``(ii) deducted from the total amount of damages awarded to that claimant in a civil action against the violator relating to the applicable violation.''; (B) in subsection (c), by striking ``may not be imposed'' and inserting ``or refund of money under subparagraph (A) or (B), respectively, of subsection (a)(1) may not be imposed''; (C) in subsection (e), by inserting ``or order a refund of money'' after ``penalty''; (D) in subsection (f), by inserting ``, or that is ordered to refund money,'' after ``assessed''; and (E) in subsection (g), in the first sentence, by inserting ``or a refund required under this section'' after ``penalty''. SEC. 9. DATA COLLECTION. (a) In General.--Chapter 411 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 41110. <<NOTE: 46 USC 41110.>> Data collection ``The <<NOTE: Web posting. Time period Reports.>> Federal Maritime Commission shall publish on its website a calendar quarterly report that describes the total import and export tonnage and the total loaded and empty 20-foot equivalent units per vessel (making port in the United States, including any territory or possession of the United States) operated by each ocean common carrier covered under this chapter. <<NOTE: Determination.>> Ocean common carriers under this chapter shall provide to the Commission all necessary information, as determined by the Commission, for completion of this report.''. (b) <<NOTE: 46 USC 41110 note.>> Rule of Construction.--Nothing in this section, and the amendment made by this section, shall be construed to compel the public disclosure of any confidential or proprietary data, in accordance with section 552(b)(4) of title 5, United States Code. (c) Clerical Amendment.--The analysis for chapter 411 of title 46, United States Code, <<NOTE: 46 USC 41101 prec.>> is amended by adding at the end the following: ``41110. Data collection.''. SEC. 10. CHARGE COMPLAINTS. (a) In General.--Chapter 413 of title 46, United States Code, is amended by adding at the end the following: [[Page 136 STAT. 1278]] ``Sec. 41310. <<NOTE: 46 USC 41310.>> Charge complaints ``(a) In General.--A person may submit to the Federal Maritime Commission, and the Commission shall accept, information concerning complaints about charges assessed by a common carrier. The information submitted to the Commission shall include the bill of lading numbers and invoices, and may include any other relevant information. ``(b) Investigation.--Upon receipt of a submission under subsection (a), with respect to a charge assessed by a common carrier, the Commission shall promptly investigate the charge with regard to compliance with section 41104(a) and section 41102. The common carrier shall-- ``(1) be provided an opportunity to submit additional information related to the charge in question; and ``(2) bear the burden of establishing the reasonableness of any demurrage or detention charges pursuant to section 545.5 of title 46, Code of Federal Regulations (or successor regulations). ``(c) Refund.--Upon receipt of submissions under subsection (a), if the Commission determines that a charge does not comply with section 41104(a) or 41102, the Commission shall promptly order the refund of charges paid. ``(d) Penalties.-- <<NOTE: Applicability.>> In the event of a finding that a charge does not comply with section 41104(a) or 41102 after submission under subsection (a), a civil penalty under section 41107 shall be applied to the common carrier making such charge. ``(e) Considerations.--If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider-- ``(1) whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and ``(2) whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).''. (b) Clerical Amendment.--The analysis for chapter 413 of title 46, United States Code, <<NOTE: 46 USC 41301 prec.>> is amended by adding at the end the following: ``41310. Charge complaints.''. SEC. 11. INVESTIGATIONS. (a) Amendments.--Section 41302 of title 46, United States Code, is amended-- (1) in subsection (a), in the first sentence, by striking ``or agreement'' and inserting ``agreement, fee, or charge''; and (2) in subsection (b)-- (A) in the subsection heading, by striking ``Agreement'' and inserting ``Agreement, fee, or charge''; and (B) by inserting ``, fee, or charge'' after ``agreement''. (b) Report.-- <<NOTE: Public information. Web posting.>> The Federal Maritime Commission shall publish on a publicly available website of the Commission a report containing the results of the investigation entitled ``Fact Finding No. 29, International Ocean Transportation Supply Chain Engagement''. [[Page 136 STAT. 1279]] SEC. 12. AWARD OF ADDITIONAL AMOUNTS. Section 41305(c) of title 46, United States Code is amended by striking ``41102(b)'' and inserting ``subsection (b) or (c) of section 41102''. SEC. 13. ENFORCEMENT OF REPARATION ORDERS. Section 41309 of title 46, United States Code, is amended-- (1) in subsection (a), by striking ``reparation, the person to whom the award was made'' and inserting ``a refund of money or reparation, the person to which the refund or reparation was awarded''; and (2) in subsection (b), in the first sentence-- (A) by striking ``made an award of reparation'' and inserting ``ordered a refund of money or any other award of reparation''; and (B) by inserting ``(except for the Commission or any component of the Commission)'' after ``parties in the order''. SEC. 14. ANNUAL REPORT TO CONGRESS. Section 46106(b) of title 46, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(7) an identification of any otherwise concerning practices by ocean common carriers, particularly such carriers that are controlled carriers, that are-- ``(A) State-owned or State-controlled enterprises; or ``(B) owned or controlled by, a subsidiary of, or otherwise related legally or financially (other than a minority relationship or investment) to a corporation based in a country-- ``(i) identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this paragraph; ``(ii) identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; or ``(iii) subject to monitoring by the United States Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).''. SEC. 15. TECHNICAL AMENDMENTS. (a) Section 41108(a) of title 46, United States Code, is amended by striking ``section 41104(1), (2), or (7)'' and inserting ``paragraph (1), (2), or (7) of section 41104(a)''. (b) Section 41109(c) of title 46, United States Code, as amended by section 8 of this Act, is further amended by striking ``section 41102(a) or 41104(1) or (2) of this title'' and inserting ``subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a)''. (c) Section 41305 of title 46, United States Code, as amended by section 12 of this Act, is further amended-- (1) in subsection (c), by striking ``41104(3) or (6), or 41105(1) or (3) of this title'' and inserting ``paragraph (3) or (6) of section 41104(a), or paragraph (1) or (3) of section 41105''; and [[Page 136 STAT. 1280]] (2) in subsection (d), by striking ``section 41104(4)(A) or (B) of this title'' and inserting ``subparagraph (A) or (B) of section 41104(a)(4)''. SEC. 16. DWELL TIME STATISTICS. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Bureau of Transportation Statistics. (2) Marine container.--The term ``marine container'' means an intermodal container with a length of-- (A) not less than 20 feet; and (B) not greater than 45 feet. (3) Out of service percentage.--The term ``out of service percentage'' means the proportion of the chassis fleet for any defined geographical area that is out of service at any one time. (4) Street dwell time.--The term ``street dwell time'', with respect to a piece of equipment, means the quantity of time during which the piece of equipment is in use outside of the terminal. (b) Authority to Collect Data.-- (1) In general.-- <<NOTE: Determination.>> Each port, marine terminal operator, and chassis owner or provider with a fleet of over 50 chassis that supply chassis for a fee shall submit to the Director such data as the Director determines to be necessary for the implementation of this section, subject to subchapter III of chapter 35 of title 44, United States Code. (2) Approval by omb.-- <<NOTE: Deadline.>> Subject to the availability of appropriations, not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall approve an information collection for purposes of this section. (c) Publication.-- <<NOTE: Deadline. Time period.>> Subject to the availability of appropriations, not later than 240 days after the date of enactment of this Act, and not less frequently than monthly thereafter, the Director shall publish statistics relating to the dwell time of equipment used in intermodal transportation at the top 25 ports, including inland ports, by 20-foot equivalent unit, including-- (1) total street dwell time, from all causes, of marine containers and marine container chassis; and (2) the average out of service percentage, which shall not be identifiable with any particular port, marine terminal operator, or chassis provider. (d) Factors.--Subject to the availability of appropriations, to the maximum extent practicable, the Director shall publish the statistics described in subsection (c) on a local, regional, and national basis. (e) Sunset.--The authority under this section shall expire December 31, 2026. SEC. 17. <<NOTE: 46 USC 41301 note prec.>> FEDERAL MARITIME COMMISSION ACTIVITIES. (a) Public Submissions to Commission.--The Federal Maritime Commission shall-- (1) <<NOTE: Website.>> establish on the public website of the Commission a webpage that allows for the submission of comments, complaints, concerns, reports of noncompliance, requests for investigation, and requests for alternative dispute resolution; and [[Page 136 STAT. 1281]] (2) direct each submission under the link established under paragraph (1) to the appropriate component office of the Commission. (b) Authorization of Office of Consumer Affairs and Dispute Resolution Services.--The Commission shall maintain an Office of Consumer Affairs and Dispute Resolution Services to provide nonadjudicative ombuds assistance, mediation, facilitation, and arbitration to resolve challenges and disputes involving cargo shipments, household good shipments, and cruises subject to the jurisdiction of the Commission. (c) Enhancing Capacity for Investigations.-- (1) In general.-- <<NOTE: Deadline.>> Pursuant to section 41302 of title 46, United States Code, not later than 18 months after the date of enactment of this Act, the Chairperson of the Commission shall staff within the Bureau of Enforcement, the Bureau of Certification and Licensing, the Office of the Managing Director, the Office of Consumer Affairs and Dispute Resolution Services, and the Bureau of Trade Analysis not fewer than 7 total positions to assist in investigations and oversight, in addition to the positions within the Bureau of Enforcement, the Bureau of Certification and Licensing, the Office of the Managing Director, the Office of Consumer Affairs and Dispute Resolution Services, and the Bureau of Trade Analysis on that date of enactment. (2) Duties.--The additional staff appointed under paragraph (1) shall provide support-- (A) to Area Representatives of the Bureau of Enforcement; (B) to attorneys of the Bureau of Enforcement in enforcing the laws and regulations subject to the jurisdiction of the Commission; (C) for the alternative dispute resolution services of the Commission; or (D) for the review of agreements and activities subject to the authority of the Commission. SEC. 18. TEMPORARY EMERGENCY AUTHORITY. (a) Definitions.--In this section: (1) Common carrier.--The term ``common carrier'' has the meaning given the term in section 40102 of title 46, United States Code. (2) Motor carrier.--The term ``motor carrier'' has the meaning given the term in section 13102 of title 49, United States Code. (3) Rail carrier.--The term ``rail carrier'' has the meaning given the term in section 10102 of title 49, United States Code. (4) Shipper.--The term ``shipper'' has the meaning given the term in section 40102 of title 46, United States Code. (b) Public Input on Information Sharing.-- (1) In general.-- <<NOTE: Deadline.>> Not later than 60 days after the date of enactment of this Act, the Federal Maritime Commission shall issue a request for information, seeking public comment regarding-- (A) whether congestion of the carriage of goods has created an emergency situation of a magnitude such that [[Page 136 STAT. 1282]] there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system; (B) whether an emergency order under this section would alleviate such an emergency situation; and (C) the appropriate scope of such an emergency order, if applicable. (2) Consultation.--During the public comment period under paragraph (1), the Commission may consult, as the Commission determines to be appropriate, with-- (A) other Federal departments and agencies; and (B) persons with expertise relating to maritime and freight operations. (c) Authority To Require Information Sharing.--On making a unanimous determination described in subsection (d), the Commission may issue an emergency order requiring any common carrier or marine terminal operator to share directly with relevant shippers, rail carriers, or motor carriers information relating to cargo throughput and availability, in order to ensure the efficient transportation, loading, and unloading of cargo to or from-- (1) any inland destination or point of origin; (2) any vessel; or (3) any point on a wharf or terminal. (d) Description of Determination.-- (1) In general.--A determination referred to in subsection (c) is a unanimous determination by the commissioners on the Commission that congestion of carriage of goods has created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system. (2) Factors for consideration.--In issuing an emergency order pursuant to subsection (c), the Commission shall tailor the emergency order with respect to temporal and geographic scope, taking into consideration the likely burdens on common carriers and marine terminal operators and the likely benefits on congestion relating to the purposes described in section 40101 of title 46, United States Code. (e) Petitions for Exception.-- (1) In general.--A common carrier or marine terminal operator subject to an emergency order issued pursuant to this section may submit to the Commission a petition for exception from 1 or more requirements of the emergency order, based on a showing of undue hardship or other condition rendering compliance with such a requirement impracticable. (2) Determination.--The Commission shall make a determination regarding a petition for exception under paragraph (1) by-- (A) majority vote; and (B) <<NOTE: Deadline.>> not later than 21 days after the date on which the petition is submitted. (3) Inapplicability pending review.--The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to the petitioner during the period for which the petition is pending. (f) Limitations.-- (1) Term.--An emergency order issued pursuant to this section-- [[Page 136 STAT. 1283]] (A) <<NOTE: Time period.>> shall remain in effect for a period of not longer than 60 days; but (B) may be renewed by a unanimous determination of the Commission. (2) Sunset.--The authority provided by this section shall terminate on the date that is 18 months after the date of enactment of this Act. (3) Investigative authority unaffected.--Nothing in this section shall affect the investigative authorities of the Commission as described in subpart R of part 502 of title 46, Code of Federal Regulations. SEC. 19. BEST PRACTICES FOR CHASSIS POOLS. (a) In General.-- <<NOTE: Deadline. Contract. Study.>> Not later than April 1, 2023, the Federal Maritime Commission shall enter into an agreement with the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine under which the Transportation Research Board shall carry out a study and develop best practices for on-terminal or near-terminal chassis pools that provide service to marine terminal operators, motor carriers, railroads, and other stakeholders that use the chassis pools, with the goal of optimizing supply chain efficiency and effectiveness. (b) Requirements.--In developing best practices under subsection (a), the Transportation Research Board shall-- (1) take into consideration-- (A) practical obstacles to the implementation of chassis pools; and (B) potential solutions to those obstacles; and (2) address relevant communication practices, information sharing, and knowledge management. (c) Publication.-- <<NOTE: Public information. Web posting. Deadline.>> The Commission shall publish the best practices developed under this section on a publicly available website by not later than April 1, 2024. (d) Funding.--Subject to appropriations, the Commission may expend such sums as are necessary, but not to exceed $500,000, to carry out this section. SEC. 20. <<NOTE: Deadlines. 49 USC 31305 note.>> LICENSING TESTING. (a) In General.-- <<NOTE: Review.>> Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration (referred to in this section as the ``Administrator'') shall conduct a review of the discretionary waiver authority described in the document issued by the Administrator entitled ``Waiver for States Concerning Third Party CDL Skills Test Examiners In Response to the COVID-19 Emergency'' and dated August 31, 2021, for safety concerns. (b) Permanent Waiver.--If the Administrator finds no safety concerns after conducting a review under subsection (a), the Administrator shall-- (1) notwithstanding any other provision of law, make the waiver permanent; and (2) not later than 90 days after completing the review under subsection (a), revise section 384.228 of title 49, Code of Federal Regulations, to provide that the discretionary waiver authority referred to in subsection (a) shall be permanent. (c) Report.--If the Administrator declines to move forward with a rulemaking for revision under subsection (b), the Administrator shall explain the reasons for declining to move forward [[Page 136 STAT. 1284]] with the rulemaking in a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. SEC. 21. PLANNING. (a) Amendment.--Section 6702(g) of title 49, United States Code, is amended-- (1) by striking ``Of the amounts'' and inserting the following: ``(1) In general.--Of the amounts''; and (2) by adding at the end the following: ``(2) Nonapplicability of certain limitations.-- Subparagraphs (A) and (B) of subsection (c)(2) shall not apply with respect to amounts made available for planning, preparation, or design under paragraph (1).''. (b) Emergency Designation.--Amounts for which outlays are affected under the amendments made by subsection (a) that were previously designated by the Congress as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018, and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. SEC. 22. REVIEW OF POTENTIAL DISCRIMINATION AGAINST TRANSPORTATION OF QUALIFIED HAZARDOUS MATERIALS. (a) In General.-- <<NOTE: Deadline.>> Not later than 90 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a review of whether there have been any systemic decisions by ocean common carriers to discriminate against maritime transport of qualified hazardous materials by unreasonably denying vessel space accommodations, equipment, or other instrumentalities needed to transport such materials. The Comptroller General shall take into account any applicable safety and pollution regulations. (b) Consultation.--The Comptroller General of the United States may consult with the Commandant of the Coast Guard and the Chair of the Federal Maritime Commission in conducting the review under this section. (c) Definitions.--In this section: (1) Hazardous materials.--The term ``hazardous materials'' includes dangerous goods, as defined by the International Maritime Dangerous Goods Code. (2) Ocean common carrier.--The term ``ocean common carrier'' has the meaning given such term in section 40102 of title 46, United States Code. (3) Qualified hazardous materials.--The term ``qualified hazardous materials'' means hazardous materials for which the shipper has certified to the ocean common carrier that such materials have been or will be tendered in accordance with applicable safety laws, including regulations. (4) Shipper.--The term ``shipper'' has the meaning given such term in section 40102 of title 46, United States Code. SEC. 23. <<NOTE: 46 USC 70105 note.>> TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS. (a) Definition of Direct Assistance to a United States Port.--In this section: [[Page 136 STAT. 1285]] (1) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. (2) Exclusions.--The term ``direct assistance to a United States port'' does not include-- (A) the transportation of a mixed load of cargo that includes-- (i) cargo that does not originate from a United States port; or (ii) a container or cargo that is not bound for a United States port; (B) any period during which a motor carrier or driver is operating in interstate commerce to transport cargo or provide services not in support of transportation to or from a United States port; or (C) the period after a motor carrier dispatches the applicable driver or commercial motor vehicle of the motor carrier to another location to begin operation in interstate commerce in a manner that is not in support of transportation to or from a United States port. (b) Transportation Worker Identification Credentials.--The Administrator of the Transportation Security Administration and the Commandant of the Coast Guard shall jointly prioritize and expedite the consideration of applications for a Transportation Worker Identification Credential with respect to applicants that reasonably demonstrate that the purpose of the Transportation Worker Identification Credential is for providing, within the interior of the United States, direct assistance to a United States port. SEC. 24. USE OF UNITED STATES INLAND PORTS FOR STORAGE AND TRANSFER OF CARGO CONTAINERS. (a) Meeting.-- <<NOTE: Deadline.>> Not later than 90 days after the date of enactment of this Act, the Assistant Secretary for Transportation Policy, in consultation with the Administrator of the Maritime Administration and the Chairperson of the Federal Maritime Commission, shall convene a meeting of representatives of entities described in subsection (b) to discuss the feasibility of, and strategies for, identifying Federal and non-Federal land, including inland ports, for the purposes of storage and transfer of cargo containers due to port congestion. (b) Description of Entities.--The entities referred to in subsection (a) are-- (1) representatives of United States major gateway ports, inland ports, and export terminals; (2) ocean carriers; (3) railroads; (4) trucking companies; (5) port workforce, including organized labor; and (6) such other stakeholders as the Secretary of Transportation, in consultation with the Chairperson of the Federal Maritime Commission, determines to be appropriate. (c) Report to Congress.-- <<NOTE: Consultation.>> As soon as practicable after the date of the meeting convened under subsection (a), the Assistant Secretary for Transportation Policy, in consultation with the Administrator of the Maritime Administration and the Chairperson of the Federal Maritime Commission, shall submit to Congress a report describing-- [[Page 136 STAT. 1286]] (1) the results of the meeting; (2) the feasibility of identifying land or property under the jurisdiction of United States, or ports in the United States, for storage and transfer of cargo containers; and (3) recommendations relating to the meeting, if any. (d) Savings Provision.--No authorization contained in this section may be acted on in a manner that jeopardizes or negatively impacts the national security or defense readiness of the United States. SEC. 25. <<NOTE: Assessments.>> REPORT ON ADOPTION OF TECHNOLOGY AT UNITED STATES PORTS. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the adoption of technology at United States ports, as compared to that adoption at foreign ports, including-- (1) the technological capabilities of United States ports, as compared to foreign ports; (2) an assessment of whether the adoption of technology at United States ports could lower the costs of cargo handling; (3) an assessment of regulatory and other barriers to the adoption of technology at United States ports; and (4) an assessment of technology and the workforce. SEC. 26. AUTHORIZATION OF APPROPRIATIONS. Section 46108 of title 46, United States Code, is amended by striking ``$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021'' and inserting ``$32,869,000 for fiscal year 2022, $38,260,000 for fiscal year 2023, $43,720,000 for fiscal year 2024, and $49,200,000 for fiscal year 2025''. Approved June 16, 2022. LEGISLATIVE HISTORY--S. 3580 (H.R. 4996): --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Mar. 31, considered and passed Senate. June 13, considered and passed House. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022): June 16, Presidential remarks. <all>

Ocean Shipping Reform Act of 2022

A bill to amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes.

Ocean Shipping Reform Act of 2022 Ocean Shipping Reform Act of 2022 Ocean Shipping Reform Act of 2022

Sen. Klobuchar, Amy

D

MN

This act revises requirements governing ocean shipping to increase the authority of the Federal Maritime Commission (FMC) to promote the growth and development of U.S. exports through an ocean transportation system that is competitive, efficient, and economical. For example, the bill requires the FMC to (1) investigate complaints about detention and demurrage charges (i.e., late fees) charged by common ocean carriers, (2) determine whether those charges are reasonable, and (3) order refunds for unreasonable charges. It also prohibits common ocean carriers, marine terminal operators, or ocean transportation intermediaries from unreasonably refusing cargo space when available or resorting to other unfair or unjustly discriminatory methods.

This Act may be cited as the ``Ocean Shipping Reform Act of 2022''. PURPOSES. 3. SERVICE CONTRACTS. 4. SHIPPING EXCHANGE REGISTRY. 40504. ``(d) Regulations.-- <<NOTE: Deadline. 5. 6. 7. COMMON CARRIERS. ''; and (2) by adding at the end the following: ``(d) Detention and Demurrage Invoice Information.-- [[Page 136 STAT. ``(C) The container number or numbers. ``(E) The allowed free time in days. ``(I) The applicable rate or rates per the applicable rule. The Federal Maritime Commission shall issue a final rule not later than 1 year after the date of enactment of this Act. ASSESSMENT OF PENALTIES OR REFUNDS. DATA COLLECTION. 41110. CHARGE COMPLAINTS. 41310. INVESTIGATIONS. (b) Report.-- <<NOTE: Public information. [[Page 136 STAT. AWARD OF ADDITIONAL AMOUNTS. ENFORCEMENT OF REPARATION ORDERS. 15. TECHNICAL AMENDMENTS. (b) Section 41109(c) of title 46, United States Code, as amended by section 8 of this Act, is further amended by striking ``section 41102(a) or 41104(1) or (2) of this title'' and inserting ``subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a)''. 16. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Bureau of Transportation Statistics. (4) Street dwell time.--The term ``street dwell time'', with respect to a piece of equipment, means the quantity of time during which the piece of equipment is in use outside of the terminal. 18. TEMPORARY EMERGENCY AUTHORITY. (d) Description of Determination.-- (1) In general.--A determination referred to in subsection (c) is a unanimous determination by the commissioners on the Commission that congestion of carriage of goods has created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system. (3) Inapplicability pending review.--The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to the petitioner during the period for which the petition is pending. 19. BEST PRACTICES FOR CHASSIS POOLS. Web posting. 20. <<NOTE: Deadlines. 49 USC 31305 note.>> LICENSING TESTING. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (3) Qualified hazardous materials.--The term ``qualified hazardous materials'' means hazardous materials for which the shipper has certified to the ocean common carrier that such materials have been or will be tendered in accordance with applicable safety laws, including regulations. 1285]] (1) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. SEC. AUTHORIZATION OF APPROPRIATIONS.

This Act may be cited as the ``Ocean Shipping Reform Act of 2022''. PURPOSES. 3. SERVICE CONTRACTS. 4. SHIPPING EXCHANGE REGISTRY. 40504. ``(d) Regulations.-- <<NOTE: Deadline. 5. 6. 7. COMMON CARRIERS. ''; and (2) by adding at the end the following: ``(d) Detention and Demurrage Invoice Information.-- [[Page 136 STAT. ``(C) The container number or numbers. ``(E) The allowed free time in days. ``(I) The applicable rate or rates per the applicable rule. The Federal Maritime Commission shall issue a final rule not later than 1 year after the date of enactment of this Act. ASSESSMENT OF PENALTIES OR REFUNDS. DATA COLLECTION. 41110. CHARGE COMPLAINTS. 41310. INVESTIGATIONS. (b) Report.-- <<NOTE: Public information. [[Page 136 STAT. AWARD OF ADDITIONAL AMOUNTS. ENFORCEMENT OF REPARATION ORDERS. 15. TECHNICAL AMENDMENTS. (b) Section 41109(c) of title 46, United States Code, as amended by section 8 of this Act, is further amended by striking ``section 41102(a) or 41104(1) or (2) of this title'' and inserting ``subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a)''. 16. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Bureau of Transportation Statistics. 18. TEMPORARY EMERGENCY AUTHORITY. (3) Inapplicability pending review.--The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to the petitioner during the period for which the petition is pending. 19. BEST PRACTICES FOR CHASSIS POOLS. Web posting. 20. <<NOTE: Deadlines. 49 USC 31305 note.>> LICENSING TESTING. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (3) Qualified hazardous materials.--The term ``qualified hazardous materials'' means hazardous materials for which the shipper has certified to the ocean common carrier that such materials have been or will be tendered in accordance with applicable safety laws, including regulations. 1285]] (1) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. SEC. AUTHORIZATION OF APPROPRIATIONS.

This Act may be cited as the ``Ocean Shipping Reform Act of 2022''. PURPOSES. 3. SERVICE CONTRACTS. 4. SHIPPING EXCHANGE REGISTRY. 40504. ``(d) Regulations.-- <<NOTE: Deadline. 5. 6. 7. COMMON CARRIERS. ''; and (2) by adding at the end the following: ``(d) Detention and Demurrage Invoice Information.-- [[Page 136 STAT. ``(C) The container number or numbers. ``(E) The allowed free time in days. ``(I) The applicable rate or rates per the applicable rule. ``(J) The total amount due. The Federal Maritime Commission shall issue a final rule not later than 1 year after the date of enactment of this Act. ASSESSMENT OF PENALTIES OR REFUNDS. ``(2) Commensurate reduction in civil penalty.-- ``(A) In general.--In any case in which the Federal Maritime Commission orders a refund of money pursuant to subsection (a)(1)(B) in addition to assessing a civil penalty pursuant to subsection (a)(1)(A), the amount of the civil penalty assessed shall be decreased by any additional amounts included in the refund of money in excess of the actual injury (as defined in section 41305(a)). 9. DATA COLLECTION. 41110. 10. CHARGE COMPLAINTS. 41310. ``(e) Considerations.--If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider-- ``(1) whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and ``(2) whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).''. INVESTIGATIONS. (b) Report.-- <<NOTE: Public information. [[Page 136 STAT. 12. AWARD OF ADDITIONAL AMOUNTS. 13. ENFORCEMENT OF REPARATION ORDERS. 15. TECHNICAL AMENDMENTS. (b) Section 41109(c) of title 46, United States Code, as amended by section 8 of this Act, is further amended by striking ``section 41102(a) or 41104(1) or (2) of this title'' and inserting ``subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a)''. 16. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Bureau of Transportation Statistics. (2) Marine container.--The term ``marine container'' means an intermodal container with a length of-- (A) not less than 20 feet; and (B) not greater than 45 feet. (4) Street dwell time.--The term ``street dwell time'', with respect to a piece of equipment, means the quantity of time during which the piece of equipment is in use outside of the terminal. 1281]] (2) direct each submission under the link established under paragraph (1) to the appropriate component office of the Commission. 18. TEMPORARY EMERGENCY AUTHORITY. (2) Motor carrier.--The term ``motor carrier'' has the meaning given the term in section 13102 of title 49, United States Code. (d) Description of Determination.-- (1) In general.--A determination referred to in subsection (c) is a unanimous determination by the commissioners on the Commission that congestion of carriage of goods has created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system. (3) Inapplicability pending review.--The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to the petitioner during the period for which the petition is pending. 19. BEST PRACTICES FOR CHASSIS POOLS. Web posting. 20. <<NOTE: Deadlines. 49 USC 31305 note.>> LICENSING TESTING. 1284]] with the rulemaking in a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 21. PLANNING. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (3) Qualified hazardous materials.--The term ``qualified hazardous materials'' means hazardous materials for which the shipper has certified to the ocean common carrier that such materials have been or will be tendered in accordance with applicable safety laws, including regulations. 1285]] (1) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. 25. SEC. AUTHORIZATION OF APPROPRIATIONS. LEGISLATIVE HISTORY--S. 3580 (H.R. 31, considered and passed Senate.

This Act may be cited as the ``Ocean Shipping Reform Act of 2022''. PURPOSES. 3. SERVICE CONTRACTS. 4. SHIPPING EXCHANGE REGISTRY. 40504. ``(d) Regulations.-- <<NOTE: Deadline. 5. 6. 7. COMMON CARRIERS. ''; and (2) by adding at the end the following: ``(d) Detention and Demurrage Invoice Information.-- [[Page 136 STAT. ``(C) The container number or numbers. ``(E) The allowed free time in days. ``(I) The applicable rate or rates per the applicable rule. ``(J) The total amount due. The Federal Maritime Commission shall issue a final rule not later than 1 year after the date of enactment of this Act. ASSESSMENT OF PENALTIES OR REFUNDS. ``(2) Commensurate reduction in civil penalty.-- ``(A) In general.--In any case in which the Federal Maritime Commission orders a refund of money pursuant to subsection (a)(1)(B) in addition to assessing a civil penalty pursuant to subsection (a)(1)(A), the amount of the civil penalty assessed shall be decreased by any additional amounts included in the refund of money in excess of the actual injury (as defined in section 41305(a)). 9. DATA COLLECTION. 41110. 10. CHARGE COMPLAINTS. 41310. ``(e) Considerations.--If the common carrier assessing the charge is acting in the capacity of a non-vessel-operating common carrier, the Commission shall, while conducting an investigation under subsection (b), consider-- ``(1) whether the non-vessel-operating common carrier is responsible for the noncompliant assessment of the charge, in whole or in part; and ``(2) whether another party is ultimately responsible in whole or in part and potentially subject to action under subsections (c) and (d).''. INVESTIGATIONS. (a) Amendments.--Section 41302 of title 46, United States Code, is amended-- (1) in subsection (a), in the first sentence, by striking ``or agreement'' and inserting ``agreement, fee, or charge''; and (2) in subsection (b)-- (A) in the subsection heading, by striking ``Agreement'' and inserting ``Agreement, fee, or charge''; and (B) by inserting ``, fee, or charge'' after ``agreement''. (b) Report.-- <<NOTE: Public information. [[Page 136 STAT. 12. AWARD OF ADDITIONAL AMOUNTS. 13. ENFORCEMENT OF REPARATION ORDERS. 2242) as a priority foreign country under subsection (a)(2) of that section; or ``(iii) subject to monitoring by the United States Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 15. TECHNICAL AMENDMENTS. (b) Section 41109(c) of title 46, United States Code, as amended by section 8 of this Act, is further amended by striking ``section 41102(a) or 41104(1) or (2) of this title'' and inserting ``subsection (a) or (d) of section 41102 or paragraph (1) or (2) of section 41104(a)''. 16. (a) Definitions.--In this section: (1) Director.--The term ``Director'' means the Director of the Bureau of Transportation Statistics. (2) Marine container.--The term ``marine container'' means an intermodal container with a length of-- (A) not less than 20 feet; and (B) not greater than 45 feet. (4) Street dwell time.--The term ``street dwell time'', with respect to a piece of equipment, means the quantity of time during which the piece of equipment is in use outside of the terminal. (d) Factors.--Subject to the availability of appropriations, to the maximum extent practicable, the Director shall publish the statistics described in subsection (c) on a local, regional, and national basis. 1281]] (2) direct each submission under the link established under paragraph (1) to the appropriate component office of the Commission. (b) Authorization of Office of Consumer Affairs and Dispute Resolution Services.--The Commission shall maintain an Office of Consumer Affairs and Dispute Resolution Services to provide nonadjudicative ombuds assistance, mediation, facilitation, and arbitration to resolve challenges and disputes involving cargo shipments, household good shipments, and cruises subject to the jurisdiction of the Commission. 18. TEMPORARY EMERGENCY AUTHORITY. (2) Motor carrier.--The term ``motor carrier'' has the meaning given the term in section 13102 of title 49, United States Code. (2) Consultation.--During the public comment period under paragraph (1), the Commission may consult, as the Commission determines to be appropriate, with-- (A) other Federal departments and agencies; and (B) persons with expertise relating to maritime and freight operations. (d) Description of Determination.-- (1) In general.--A determination referred to in subsection (c) is a unanimous determination by the commissioners on the Commission that congestion of carriage of goods has created an emergency situation of a magnitude such that there exists a substantial, adverse effect on the competitiveness and reliability of the international ocean transportation supply system. (3) Inapplicability pending review.--The requirements of an emergency order that is the subject of a petition for exception under this subsection shall not apply to the petitioner during the period for which the petition is pending. 19. BEST PRACTICES FOR CHASSIS POOLS. Web posting. 20. <<NOTE: Deadlines. 49 USC 31305 note.>> LICENSING TESTING. 1284]] with the rulemaking in a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 21. PLANNING. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. (3) Qualified hazardous materials.--The term ``qualified hazardous materials'' means hazardous materials for which the shipper has certified to the ocean common carrier that such materials have been or will be tendered in accordance with applicable safety laws, including regulations. 1285]] (1) In general.--The term ``direct assistance to a United States port'' means the transportation of cargo directly to or from a United States port. (b) Transportation Worker Identification Credentials.--The Administrator of the Transportation Security Administration and the Commandant of the Coast Guard shall jointly prioritize and expedite the consideration of applications for a Transportation Worker Identification Credential with respect to applicants that reasonably demonstrate that the purpose of the Transportation Worker Identification Credential is for providing, within the interior of the United States, direct assistance to a United States port. 25. SEC. AUTHORIZATION OF APPROPRIATIONS. LEGISLATIVE HISTORY--S. 3580 (H.R. 31, considered and passed Senate. DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022): June 16, Presidential remarks.

H.R.2328

Health

Prohibition of Medicaid Funding for Conversion Therapy Act This bill prohibits state Medicaid programs from covering conversion therapy. The bill defines conversion therapy as any practice or treatment that seeks to change a person's sexual orientation or gender identity in exchange for monetary compensation.

To amend title XIX of the Social Security Act to prohibit payments under the Medicaid program for conversion therapy, 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 ``Prohibition of Medicaid Funding for Conversion Therapy Act''. SEC. 2. PROHIBITION ON MEDICAID PAYMENTS FOR CONVERSION THERAPY. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) in paragraph (86), by striking ``and'' at the end; (B) in paragraph (87), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (87) the following new paragraph: ``(88) provide that, beginning with the first day of the first quarter that begins on or after the date of enactment of this paragraph, no payment may be made under the plan with respect to conversion therapy (as defined in subsection (tt)) furnished to an individual enrolled under the plan (or a waiver of such plan).''; and (2) by adding at the end the following new subsection: ``(tt) Conversion Therapy; Gender Identity; Person; Sexual Orientation.--For purposes of subsection (a)(88) and this subsection: ``(1) Conversion therapy.--The term `conversion therapy'-- ``(A) means any practice or treatment by any person that seeks to change another individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for any such practice or treatment; and ``(B) does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that-- ``(i) provides assistance to an individual undergoing a gender transition; or ``(ii) provides acceptance, support, and understanding of a client or facilitation of a client's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. ``(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) Person.--The term `person' means any individual, partnership, corporation, cooperative, association, or any other entity. ``(4) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality.''. (b) Conforming Amendment.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (26), by striking ``or'' at the end; (2) in paragraph (27), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (27) the following new paragraph: ``(28) with respect to any amount expended for conversion therapy (as defined in section 1902(tt)) on or after the date described in section 1902(a)(88).''. <all>

Prohibition of Medicaid Funding for Conversion Therapy Act

To amend title XIX of the Social Security Act to prohibit payments under the Medicaid program for conversion therapy, and for other purposes.

Prohibition of Medicaid Funding for Conversion Therapy Act

Rep. Maloney, Sean Patrick

D

NY

This bill prohibits state Medicaid programs from covering conversion therapy. The bill defines conversion therapy as any practice or treatment that seeks to change a person's sexual orientation or gender identity in exchange for monetary compensation.

To amend title XIX of the Social Security Act to prohibit payments under the Medicaid program for conversion therapy, 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 ``Prohibition of Medicaid Funding for Conversion Therapy Act''. SEC. 2. PROHIBITION ON MEDICAID PAYMENTS FOR CONVERSION THERAPY. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) in paragraph (86), by striking ``and'' at the end; (B) in paragraph (87), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (87) the following new paragraph: ``(88) provide that, beginning with the first day of the first quarter that begins on or after the date of enactment of this paragraph, no payment may be made under the plan with respect to conversion therapy (as defined in subsection (tt)) furnished to an individual enrolled under the plan (or a waiver of such plan).''; and (2) by adding at the end the following new subsection: ``(tt) Conversion Therapy; Gender Identity; Person; Sexual Orientation.--For purposes of subsection (a)(88) and this subsection: ``(1) Conversion therapy.--The term `conversion therapy'-- ``(A) means any practice or treatment by any person that seeks to change another individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for any such practice or treatment; and ``(B) does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that-- ``(i) provides assistance to an individual undergoing a gender transition; or ``(ii) provides acceptance, support, and understanding of a client or facilitation of a client's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. ``(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) Person.--The term `person' means any individual, partnership, corporation, cooperative, association, or any other entity. ``(4) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality.''. (b) Conforming Amendment.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (26), by striking ``or'' at the end; (2) in paragraph (27), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (27) the following new paragraph: ``(28) with respect to any amount expended for conversion therapy (as defined in section 1902(tt)) on or after the date described in section 1902(a)(88).''. <all>

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. PROHIBITION ON MEDICAID PAYMENTS FOR CONVERSION THERAPY. ''; and (2) by adding at the end the following new subsection: ``(tt) Conversion Therapy; Gender Identity; Person; Sexual Orientation.--For purposes of subsection (a)(88) and this subsection: ``(1) Conversion therapy.--The term `conversion therapy'-- ``(A) means any practice or treatment by any person that seeks to change another individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for any such practice or treatment; and ``(B) does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that-- ``(i) provides assistance to an individual undergoing a gender transition; or ``(ii) provides acceptance, support, and understanding of a client or facilitation of a client's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. ``(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) Person.--The term `person' means any individual, partnership, corporation, cooperative, association, or any other entity. ``(4) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality.''. (b) Conforming Amendment.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (26), by striking ``or'' at the end; (2) in paragraph (27), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (27) the following new paragraph: ``(28) with respect to any amount expended for conversion therapy (as defined in section 1902(tt)) on or after the date described in section 1902(a)(88).''.

To amend title XIX of the Social Security Act to prohibit payments under the Medicaid program for conversion therapy, 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 ``Prohibition of Medicaid Funding for Conversion Therapy Act''. SEC. 2. PROHIBITION ON MEDICAID PAYMENTS FOR CONVERSION THERAPY. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) in paragraph (86), by striking ``and'' at the end; (B) in paragraph (87), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (87) the following new paragraph: ``(88) provide that, beginning with the first day of the first quarter that begins on or after the date of enactment of this paragraph, no payment may be made under the plan with respect to conversion therapy (as defined in subsection (tt)) furnished to an individual enrolled under the plan (or a waiver of such plan).''; and (2) by adding at the end the following new subsection: ``(tt) Conversion Therapy; Gender Identity; Person; Sexual Orientation.--For purposes of subsection (a)(88) and this subsection: ``(1) Conversion therapy.--The term `conversion therapy'-- ``(A) means any practice or treatment by any person that seeks to change another individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for any such practice or treatment; and ``(B) does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that-- ``(i) provides assistance to an individual undergoing a gender transition; or ``(ii) provides acceptance, support, and understanding of a client or facilitation of a client's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. ``(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) Person.--The term `person' means any individual, partnership, corporation, cooperative, association, or any other entity. ``(4) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality.''. (b) Conforming Amendment.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (26), by striking ``or'' at the end; (2) in paragraph (27), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (27) the following new paragraph: ``(28) with respect to any amount expended for conversion therapy (as defined in section 1902(tt)) on or after the date described in section 1902(a)(88).''. <all>

To amend title XIX of the Social Security Act to prohibit payments under the Medicaid program for conversion therapy, 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 ``Prohibition of Medicaid Funding for Conversion Therapy Act''. SEC. 2. PROHIBITION ON MEDICAID PAYMENTS FOR CONVERSION THERAPY. (a) In General.--Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended-- (1) in subsection (a)-- (A) in paragraph (86), by striking ``and'' at the end; (B) in paragraph (87), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (87) the following new paragraph: ``(88) provide that, beginning with the first day of the first quarter that begins on or after the date of enactment of this paragraph, no payment may be made under the plan with respect to conversion therapy (as defined in subsection (tt)) furnished to an individual enrolled under the plan (or a waiver of such plan).''; and (2) by adding at the end the following new subsection: ``(tt) Conversion Therapy; Gender Identity; Person; Sexual Orientation.--For purposes of subsection (a)(88) and this subsection: ``(1) Conversion therapy.--The term `conversion therapy'-- ``(A) means any practice or treatment by any person that seeks to change another individual's sexual orientation or gender identity, including efforts to change behaviors or gender expressions, or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender, if such person receives monetary compensation in exchange for any such practice or treatment; and ``(B) does not include any practice or treatment, which does not seek to change sexual orientation or gender identity, that-- ``(i) provides assistance to an individual undergoing a gender transition; or ``(ii) provides acceptance, support, and understanding of a client or facilitation of a client's coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. ``(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) Person.--The term `person' means any individual, partnership, corporation, cooperative, association, or any other entity. ``(4) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality.''. (b) Conforming Amendment.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (1) in paragraph (26), by striking ``or'' at the end; (2) in paragraph (27), by striking the period at the end and inserting ``; or''; and (3) by inserting after paragraph (27) the following new paragraph: ``(28) with respect to any amount expended for conversion therapy (as defined in section 1902(tt)) on or after the date described in section 1902(a)(88).''. <all>

S.2486

Armed Forces and National Security

Make Taxpayer-Funded Department of Defense Medical Interventions Affordable Act This bill requires the Department of Defense (DOD) to report on its efforts to comply with provisions of a report related to the licensing of federally owned medical interventions. DOD must also compile into a searchable database information relating to federal support provided by DOD for biomedical research and development.

To authorize the use of drugs, vaccines, and medical technologies to expand military and civilian access to such products and to improve transparency in taxpayer-funded biomedical research investments by the Department of Defense, 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 ``Make Taxpayer-Funded Department of Defense Medical Interventions Affordable Act''. SEC. 2. AUTHORIZATION OF USE OF DRUGS, VACCINES, AND MEDICAL TECHNOLOGIES TO EXPAND MILITARY AND CIVILIAN ACCESS TO SUCH PRODUCTS. (a) Report and Identification of Products.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Secretary to comply with the paragraph entitled, ``Licensing of Federally owned medical interventions'' included on page 173 of the report of the Committee on Armed Services of the Senate to accompany the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91), which shall include the following information: (1) A description of what steps, if any, the Secretary has taken to comply with that paragraph. (2) A complete list of the drugs, vaccines, and medical technologies that, as of the date of the enactment of this Act, meet the requirements outlined in that paragraph. (3) For each drug, vaccine, or medical technology identified under paragraph (2), a discussion of the plans of the Secretary to utilize the authorities of the Secretary under section 203 or 209(d)(1) of title 35, United States Code, to authorize a third party or Federal agency to use the drug, vaccine, or medical technology. (b) Authorization of Use.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense, pursuant to section 203 or 209(d)(1) of title 35, United States Code, shall authorize third parties or Federal agencies to use not fewer than 10 drugs, vaccines, or medical technologies identified under subsection (a)(2) for the purpose of expanding military and civilian access to such drugs, vaccines, or technologies. SEC. 3. TRANSPARENCY IN TAXPAYER-FUNDED BIOMEDICAL RESEARCH INVESTMENTS BY THE DEPARTMENT OF DEFENSE. (a) In General.--The Secretary of Defense shall-- (1) compile into a searchable database information relating to Federal support (before or after the date of enactment of this Act) provided by the Department of Defense or an entity acting on behalf of the Department of Defense for biomedical research and development, including drugs, vaccines, and medical technologies; and (2) make such database available on the public website of the Department of Defense. (b) Covered Information.--The information relating to Federal support described in subsection (a)(1) shall include all contracts, funding agreements, licensing arrangements, other transactions, and other arrangements entered into by, or on behalf of, the Department of Defense with respect to research and development, manufacturing, and distribution of a drug (including a biological product), cell or gene therapy, medical device, or other medical technology, including the following: (1) Licensing agreements pursuant to section 207 or 209 of title 35, United States Code. (2) Cooperative research and development agreements and licensing agreements pursuant to section 3710a of title 15, United States Code. (3) Funding agreements, as defined in section 201 of title 35, United States Code. (4) Transactions, contracts, grants, cooperative agreements, other agreements, and other arrangements entered into pursuant to the following: (A) The Public Health Service Act (42 U.S.C. 201 et seq.), including sections 301, 319L, 421, and 480 of such Act (42 U.S.C. 241, 247d-7e, 285b-3, 287a). (B) Section 105 of the National Institutes of Health Reform Act of 2006 (42 U.S.C. 284n). (C) Chapter 139 of title 10, United States Code, including sections 2358, 2371, 2371a, 2371b, and 2373. (c) Information Required.--Notwithstanding any other provision of law, the Secretary of Defense shall include in the database under subsection (a), with regard to each contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b), at least the following information: (1) The agency, program, institute, or other entity of the Department of Defense providing the Federal grant, cooperative agreement, or other support. (2) The amount and period of Federal financial support with an itemized breakdown. (3) Other Federal nonfinancial support, including the use of Federal personnel, Federal facilities, and Federal equipment. (4) The grant number, if applicable. (5) Associated clinical trial data, upon trial completion. (6) Associated patents and patent applications, specifying-- (A) any Federal ownership in such patents and patent applications; (B) the expiration date of such patents and filing dates of such patent applications; and (C) the numbers of such patents and patent applications. (7) Associated periods of marketing exclusivity under Federal law and the durations of such periods. (8) The corporation, nonprofit organization, academic institution, person, or other entity receiving the Federal support. (9) Any products (including repurposed products) approved, authorized, or cleared for marketing, or for which marketing approval, authorization, or clearance is being sought, the development of which was aided by Federal support, including-- (A) the names of such products; (B) the prices of such products; and (C) the current and anticipated manufacturing capacity to produce such products. (10) The full terms of the contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b). (d) Format of Information.--The database under subsection (a) shall be-- (1) searchable and filterable according to the categories of information described in subsection (c); and (2) presented in a user-friendly format. (e) Timing.--The database under subsection (a) shall be-- (1) made publicly available not later than one month after the date of the enactment of this Act; and (2) updated not less frequently than once every two weeks. (f) Disclosure.-- (1) In general.--Notwithstanding any other provision of law, to the extent necessary for the Secretary of Defense to carry out this section, the Secretary may require entities receiving Federal support described in subsection (a)(1) to disclose to the Secretary any information relating to such Federal support and required to be included in the database under subsection (a). (2) Intermediary cooperation.-- (A) In general.--Any arrangement entered into by the Department of Defense with an entity providing for such entity to enter into contracts, licensing agreements, grants, other transactions, or other arrangements with third parties on behalf of the Department shall require such entity to disclose in a timely manner any information necessary for the Department to fulfill its duties under this section. (B) Existing arrangements.--With respect to any arrangement described in subparagraph (A) with an entity in place as of the date of the enactment of this Act, the Secretary of Defense may require the entity to disclose to the Secretary any information required to be included in the database under subsection (a). (3) Penalty for nondisclosure.--If an entity that is required to disclose information pursuant to paragraph (1) or (2) fails to disclose such information by the date that is two weeks after the date on which the Secretary of Defense requests such information, or by such reasonable deadline as the Secretary may specify, whichever is sooner, then such entity shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such failure continues. <all>

Make Taxpayer-Funded Department of Defense Medical Interventions Affordable Act

A bill to authorize the use of drugs, vaccines, and medical technologies to expand military and civilian access to such products and to improve transparency in taxpayer-funded biomedical research investments by the Department of Defense, and for other purposes.

Make Taxpayer-Funded Department of Defense Medical Interventions Affordable Act

Sen. Warren, Elizabeth

D

MA

This bill requires the Department of Defense (DOD) to report on its efforts to comply with provisions of a report related to the licensing of federally owned medical interventions. DOD must also compile into a searchable database information relating to federal support provided by DOD for biomedical research and development.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. AUTHORIZATION OF USE OF DRUGS, VACCINES, AND MEDICAL TECHNOLOGIES TO EXPAND MILITARY AND CIVILIAN ACCESS TO SUCH PRODUCTS. (a) Report and Identification of Products.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Secretary to comply with the paragraph entitled, ``Licensing of Federally owned medical interventions'' included on page 173 of the report of the Committee on Armed Services of the Senate to accompany the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91), which shall include the following information: (1) A description of what steps, if any, the Secretary has taken to comply with that paragraph. (3) For each drug, vaccine, or medical technology identified under paragraph (2), a discussion of the plans of the Secretary to utilize the authorities of the Secretary under section 203 or 209(d)(1) of title 35, United States Code, to authorize a third party or Federal agency to use the drug, vaccine, or medical technology. SEC. TRANSPARENCY IN TAXPAYER-FUNDED BIOMEDICAL RESEARCH INVESTMENTS BY THE DEPARTMENT OF DEFENSE. (2) Cooperative research and development agreements and licensing agreements pursuant to section 3710a of title 15, United States Code. (4) Transactions, contracts, grants, cooperative agreements, other agreements, and other arrangements entered into pursuant to the following: (A) The Public Health Service Act (42 U.S.C. 201 et seq. 241, 247d-7e, 285b-3, 287a). 284n). (3) Other Federal nonfinancial support, including the use of Federal personnel, Federal facilities, and Federal equipment. (5) Associated clinical trial data, upon trial completion. (6) Associated patents and patent applications, specifying-- (A) any Federal ownership in such patents and patent applications; (B) the expiration date of such patents and filing dates of such patent applications; and (C) the numbers of such patents and patent applications. (7) Associated periods of marketing exclusivity under Federal law and the durations of such periods. (8) The corporation, nonprofit organization, academic institution, person, or other entity receiving the Federal support. (10) The full terms of the contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b). (e) Timing.--The database under subsection (a) shall be-- (1) made publicly available not later than one month after the date of the enactment of this Act; and (2) updated not less frequently than once every two weeks. (B) Existing arrangements.--With respect to any arrangement described in subparagraph (A) with an entity in place as of the date of the enactment of this Act, the Secretary of Defense may require the entity to disclose to the Secretary any information required to be included in the database under subsection (a).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 2. AUTHORIZATION OF USE OF DRUGS, VACCINES, AND MEDICAL TECHNOLOGIES TO EXPAND MILITARY AND CIVILIAN ACCESS TO SUCH PRODUCTS. (3) For each drug, vaccine, or medical technology identified under paragraph (2), a discussion of the plans of the Secretary to utilize the authorities of the Secretary under section 203 or 209(d)(1) of title 35, United States Code, to authorize a third party or Federal agency to use the drug, vaccine, or medical technology. SEC. TRANSPARENCY IN TAXPAYER-FUNDED BIOMEDICAL RESEARCH INVESTMENTS BY THE DEPARTMENT OF DEFENSE. (2) Cooperative research and development agreements and licensing agreements pursuant to section 3710a of title 15, United States Code. (4) Transactions, contracts, grants, cooperative agreements, other agreements, and other arrangements entered into pursuant to the following: (A) The Public Health Service Act (42 U.S.C. 201 et seq. 284n). (3) Other Federal nonfinancial support, including the use of Federal personnel, Federal facilities, and Federal equipment. (5) Associated clinical trial data, upon trial completion. (6) Associated patents and patent applications, specifying-- (A) any Federal ownership in such patents and patent applications; (B) the expiration date of such patents and filing dates of such patent applications; and (C) the numbers of such patents and patent applications. (7) Associated periods of marketing exclusivity under Federal law and the durations of such periods. (e) Timing.--The database under subsection (a) shall be-- (1) made publicly available not later than one month after the date of the enactment of this Act; and (2) updated not less frequently than once every two weeks. (B) Existing arrangements.--With respect to any arrangement described in subparagraph (A) with an entity in place as of the date of the enactment of this Act, the Secretary of Defense may require the entity to disclose to the Secretary any information required to be included in the database under subsection (a).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. AUTHORIZATION OF USE OF DRUGS, VACCINES, AND MEDICAL TECHNOLOGIES TO EXPAND MILITARY AND CIVILIAN ACCESS TO SUCH PRODUCTS. (a) Report and Identification of Products.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Secretary to comply with the paragraph entitled, ``Licensing of Federally owned medical interventions'' included on page 173 of the report of the Committee on Armed Services of the Senate to accompany the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91), which shall include the following information: (1) A description of what steps, if any, the Secretary has taken to comply with that paragraph. (3) For each drug, vaccine, or medical technology identified under paragraph (2), a discussion of the plans of the Secretary to utilize the authorities of the Secretary under section 203 or 209(d)(1) of title 35, United States Code, to authorize a third party or Federal agency to use the drug, vaccine, or medical technology. SEC. TRANSPARENCY IN TAXPAYER-FUNDED BIOMEDICAL RESEARCH INVESTMENTS BY THE DEPARTMENT OF DEFENSE. (2) Cooperative research and development agreements and licensing agreements pursuant to section 3710a of title 15, United States Code. (4) Transactions, contracts, grants, cooperative agreements, other agreements, and other arrangements entered into pursuant to the following: (A) The Public Health Service Act (42 U.S.C. 201 et seq. 241, 247d-7e, 285b-3, 287a). 284n). (C) Chapter 139 of title 10, United States Code, including sections 2358, 2371, 2371a, 2371b, and 2373. (2) The amount and period of Federal financial support with an itemized breakdown. (3) Other Federal nonfinancial support, including the use of Federal personnel, Federal facilities, and Federal equipment. (5) Associated clinical trial data, upon trial completion. (6) Associated patents and patent applications, specifying-- (A) any Federal ownership in such patents and patent applications; (B) the expiration date of such patents and filing dates of such patent applications; and (C) the numbers of such patents and patent applications. (7) Associated periods of marketing exclusivity under Federal law and the durations of such periods. (8) The corporation, nonprofit organization, academic institution, person, or other entity receiving the Federal support. (9) Any products (including repurposed products) approved, authorized, or cleared for marketing, or for which marketing approval, authorization, or clearance is being sought, the development of which was aided by Federal support, including-- (A) the names of such products; (B) the prices of such products; and (C) the current and anticipated manufacturing capacity to produce such products. (10) The full terms of the contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b). (d) Format of Information.--The database under subsection (a) shall be-- (1) searchable and filterable according to the categories of information described in subsection (c); and (2) presented in a user-friendly format. (e) Timing.--The database under subsection (a) shall be-- (1) made publicly available not later than one month after the date of the enactment of this Act; and (2) updated not less frequently than once every two weeks. (2) Intermediary cooperation.-- (A) In general.--Any arrangement entered into by the Department of Defense with an entity providing for such entity to enter into contracts, licensing agreements, grants, other transactions, or other arrangements with third parties on behalf of the Department shall require such entity to disclose in a timely manner any information necessary for the Department to fulfill its duties under this section. (B) Existing arrangements.--With respect to any arrangement described in subparagraph (A) with an entity in place as of the date of the enactment of this Act, the Secretary of Defense may require the entity to disclose to the Secretary any information required to be included in the database under subsection (a).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Make Taxpayer-Funded Department of Defense Medical Interventions Affordable Act''. 2. AUTHORIZATION OF USE OF DRUGS, VACCINES, AND MEDICAL TECHNOLOGIES TO EXPAND MILITARY AND CIVILIAN ACCESS TO SUCH PRODUCTS. (a) Report and Identification of Products.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Secretary to comply with the paragraph entitled, ``Licensing of Federally owned medical interventions'' included on page 173 of the report of the Committee on Armed Services of the Senate to accompany the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91), which shall include the following information: (1) A description of what steps, if any, the Secretary has taken to comply with that paragraph. (2) A complete list of the drugs, vaccines, and medical technologies that, as of the date of the enactment of this Act, meet the requirements outlined in that paragraph. (3) For each drug, vaccine, or medical technology identified under paragraph (2), a discussion of the plans of the Secretary to utilize the authorities of the Secretary under section 203 or 209(d)(1) of title 35, United States Code, to authorize a third party or Federal agency to use the drug, vaccine, or medical technology. SEC. TRANSPARENCY IN TAXPAYER-FUNDED BIOMEDICAL RESEARCH INVESTMENTS BY THE DEPARTMENT OF DEFENSE. (b) Covered Information.--The information relating to Federal support described in subsection (a)(1) shall include all contracts, funding agreements, licensing arrangements, other transactions, and other arrangements entered into by, or on behalf of, the Department of Defense with respect to research and development, manufacturing, and distribution of a drug (including a biological product), cell or gene therapy, medical device, or other medical technology, including the following: (1) Licensing agreements pursuant to section 207 or 209 of title 35, United States Code. (2) Cooperative research and development agreements and licensing agreements pursuant to section 3710a of title 15, United States Code. (4) Transactions, contracts, grants, cooperative agreements, other agreements, and other arrangements entered into pursuant to the following: (A) The Public Health Service Act (42 U.S.C. 201 et seq. ), including sections 301, 319L, 421, and 480 of such Act (42 U.S.C. 241, 247d-7e, 285b-3, 287a). (B) Section 105 of the National Institutes of Health Reform Act of 2006 (42 U.S.C. 284n). (C) Chapter 139 of title 10, United States Code, including sections 2358, 2371, 2371a, 2371b, and 2373. (2) The amount and period of Federal financial support with an itemized breakdown. (3) Other Federal nonfinancial support, including the use of Federal personnel, Federal facilities, and Federal equipment. (4) The grant number, if applicable. (5) Associated clinical trial data, upon trial completion. (6) Associated patents and patent applications, specifying-- (A) any Federal ownership in such patents and patent applications; (B) the expiration date of such patents and filing dates of such patent applications; and (C) the numbers of such patents and patent applications. (7) Associated periods of marketing exclusivity under Federal law and the durations of such periods. (8) The corporation, nonprofit organization, academic institution, person, or other entity receiving the Federal support. (9) Any products (including repurposed products) approved, authorized, or cleared for marketing, or for which marketing approval, authorization, or clearance is being sought, the development of which was aided by Federal support, including-- (A) the names of such products; (B) the prices of such products; and (C) the current and anticipated manufacturing capacity to produce such products. (10) The full terms of the contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b). (d) Format of Information.--The database under subsection (a) shall be-- (1) searchable and filterable according to the categories of information described in subsection (c); and (2) presented in a user-friendly format. (e) Timing.--The database under subsection (a) shall be-- (1) made publicly available not later than one month after the date of the enactment of this Act; and (2) updated not less frequently than once every two weeks. (f) Disclosure.-- (1) In general.--Notwithstanding any other provision of law, to the extent necessary for the Secretary of Defense to carry out this section, the Secretary may require entities receiving Federal support described in subsection (a)(1) to disclose to the Secretary any information relating to such Federal support and required to be included in the database under subsection (a). (2) Intermediary cooperation.-- (A) In general.--Any arrangement entered into by the Department of Defense with an entity providing for such entity to enter into contracts, licensing agreements, grants, other transactions, or other arrangements with third parties on behalf of the Department shall require such entity to disclose in a timely manner any information necessary for the Department to fulfill its duties under this section. (B) Existing arrangements.--With respect to any arrangement described in subparagraph (A) with an entity in place as of the date of the enactment of this Act, the Secretary of Defense may require the entity to disclose to the Secretary any information required to be included in the database under subsection (a). (3) Penalty for nondisclosure.--If an entity that is required to disclose information pursuant to paragraph (1) or (2) fails to disclose such information by the date that is two weeks after the date on which the Secretary of Defense requests such information, or by such reasonable deadline as the Secretary may specify, whichever is sooner, then such entity shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such failure continues.

S.185

Finance and Financial Sector

Cancel the Coin Act This bill prohibits the Department of the Treasury from minting or issuing any coin, including platinum bullion coins and proof platinum coins, having a nominal or face value exceeding $200.

To amend title 31, United States Code, to limit the face value of coins. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancel the Coin Act''. SEC. 2. LIMITATION ON FACE VALUE OF COINS. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (k)-- (A) by inserting ``having such nominal, or face, values as the Secretary may determine but not in any case exceeding $200'' after ``platinum coins''; and (B) by striking ``denominations,''; and (2) by adding at the end the following new subsection: ``(w) Limitation on Face Value.--The Secretary may not mint or issue any coin having a nominal, or face, value exceeding $200.''. <all>

Cancel the Coin Act

A bill to amend title 31, United States Code, to limit the face value of coins.

Cancel the Coin Act

Sen. Lee, Mike

R

UT

This bill prohibits the Department of the Treasury from minting or issuing any coin, including platinum bullion coins and proof platinum coins, having a nominal or face value exceeding $200.

To amend title 31, United States Code, to limit the face value of coins. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancel the Coin Act''. SEC. 2. LIMITATION ON FACE VALUE OF COINS. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (k)-- (A) by inserting ``having such nominal, or face, values as the Secretary may determine but not in any case exceeding $200'' after ``platinum coins''; and (B) by striking ``denominations,''; and (2) by adding at the end the following new subsection: ``(w) Limitation on Face Value.--The Secretary may not mint or issue any coin having a nominal, or face, value exceeding $200.''. <all>

To amend title 31, United States Code, to limit the face value of coins. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancel the Coin Act''. SEC. 2. LIMITATION ON FACE VALUE OF COINS. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (k)-- (A) by inserting ``having such nominal, or face, values as the Secretary may determine but not in any case exceeding $200'' after ``platinum coins''; and (B) by striking ``denominations,''; and (2) by adding at the end the following new subsection: ``(w) Limitation on Face Value.--The Secretary may not mint or issue any coin having a nominal, or face, value exceeding $200.''. <all>

To amend title 31, United States Code, to limit the face value of coins. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancel the Coin Act''. SEC. 2. LIMITATION ON FACE VALUE OF COINS. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (k)-- (A) by inserting ``having such nominal, or face, values as the Secretary may determine but not in any case exceeding $200'' after ``platinum coins''; and (B) by striking ``denominations,''; and (2) by adding at the end the following new subsection: ``(w) Limitation on Face Value.--The Secretary may not mint or issue any coin having a nominal, or face, value exceeding $200.''. <all>

To amend title 31, United States Code, to limit the face value of coins. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancel the Coin Act''. SEC. 2. LIMITATION ON FACE VALUE OF COINS. Section 5112 of title 31, United States Code, is amended-- (1) in subsection (k)-- (A) by inserting ``having such nominal, or face, values as the Secretary may determine but not in any case exceeding $200'' after ``platinum coins''; and (B) by striking ``denominations,''; and (2) by adding at the end the following new subsection: ``(w) Limitation on Face Value.--The Secretary may not mint or issue any coin having a nominal, or face, value exceeding $200.''. <all>

S.1452

Education

Understanding the True Cost of College Act of 2021 This bill requires standardized financial aid terminology and offer forms. Specifically, the Department of Education (ED) must develop standard terminology and a format for financial aid offer forms based on recommendations from representatives of certain groups, including students, veterans, and institutions of higher education (IHEs). The consumer-friendly form must include specified details and disclosures, including the estimated cost of attendance, the net price that a student or family is estimated to pay, and the terms and conditions of financial aid. In addition, ED must (1) test the form with representatives of students, students' families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups; and (2) use the results to develop the final form. Each IHE that participates in federal student-aid programs must (1) use the standard form when offering financial aid to students, and (2) use the standard terminology and definitions developed by ED for all communications related to financial aid offers.

To require a standard financial aid offer form, 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 ``Understanding the True Cost of College Act of 2021''. SEC. 2. INSTITUTION FINANCIAL AID OFFER FORM. Section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) is amended to read as follows: ``SEC. 484. INSTITUTION FINANCIAL AID OFFER FORM. ``(a) Standard Format and Terminology.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop standard terminology and a standard format for financial aid offer forms based on recommendations from representatives of students, veterans, servicemembers, students' families, institutions of higher education (including community colleges, for-profit institutions, four- year public institutions, and four-year private nonprofit institutions), financial aid experts, secondary school and postsecondary counselors, nonprofit organizations, and consumer groups. ``(b) Key Required Contents for Offer Form.--The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, a form titled `Financial Aid Offer', which shall include the following items, with costs listed first followed by grants and scholarships, clearly separated from each other with separate headings: ``(1) Cost information.-- ``(A) Information on the student's estimated cost of attendance, including the following: ``(i) Total direct costs, including the component totals each for-- ``(I) tuition and fees, as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll); and ``(II) college-sponsored housing and food costs (as determined based on the costs for room and board under such section). ``(ii) Total estimated other expenses, including-- ``(I) the component totals each for housing and food costs for students who reside off-campus; and ``(II) for all students, books, supplies, transportation, and miscellaneous personal expenses (which may include costs of health insurance and dependent care), as determined under section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll). ``(B) An indication of the academic period covered by the financial aid offer, and an explanation that the financial aid offered may change for academic periods not covered by the aid offer or by program. ``(C) An indication of whether cost and aid estimates are based on full-time or part-time enrollment. ``(D) An indication, as applicable, about whether the tuition and fees are estimated based on the previous year, or are set, for the academic period indicated in accordance with subparagraph (B). ``(2) Grants and scholarships.--The aggregate amount of grants and scholarships by source that the student does not have to repay, such as grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and grant aid offered through other Federal programs, grant aid offered by the institution, grant aid offered by the State, and, if known, grant aid from an outside source to the student for such academic period, including-- ``(A) a disclosure that the grants and scholarships do not have to be repaid; and ``(B) if institutional aid is included-- ``(i) the conditions under which the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution; and ``(ii) whether the institutional aid offer may change if grants or scholarships from outside sources are applied after the student receives the offer form, and, if applicable, how that aid will change. ``(3) Net price.-- ``(A) The net price that the student, or the student's family on behalf of the student, is estimated to have to pay for the student to attend the institution for such academic period, equal to-- ``(i) the cost of attendance as described in paragraph (1)(A) for the student for the period indicated in paragraph (1)(B); minus ``(ii) the amount of grant aid described in paragraph (2) that is included in the financial aid offer form. ``(B) A disclosure that the net price is an estimate of the total expenses for the year and not equivalent to the amount the student will owe directly to the institution. ``(4) Loans.-- ``(A) Information on any loan under part D or part E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.; 20 U.S.C. 1087aa et seq.) (except a Federal Direct PLUS Loan under part D of that Act) that the institution recommends for the student for the academic period covered by the offer, which shall be made-- ``(i) with clear use of the word `loan' to describe the recommended loan amounts; and ``(ii) with clear labeling of subsidized and unsubsidized loans. ``(B) A disclosure that such loans have to be repaid and a disclosure that the student can borrow a lesser or, if applicable, greater amount than the recommended loan amount. ``(C) A disclosure that the interest rates and fees on such loans are set annually and affect total cost over time, and a link to a Department of Education website that includes current information on interest rates and fees. ``(D) A link to the Department of Education's repayment calculator website for students with instruction that this website contains customizable estimates of expected repayment costs under different loan repayment plans. ``(5) Process for accepting or declining aid and next steps.-- ``(A) The deadlines and a summary of the process (including the next steps) for-- ``(i) accepting the financial aid offered in the financial aid offer form; ``(ii) requesting higher loan amounts if recommended loan amounts were included; and ``(iii) declining aid offered in the form. ``(B) Information on when and how direct costs to the institution must be paid. ``(C) A disclosure that verification of financial circumstances may require the student to submit further documentation. ``(D) Information about where a student or the student's family can seek additional information regarding the financial aid offered, including contact information for the institution's financial aid office and the Department of Education's website on financial aid. ``(6) Additional information.--Any other information the Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, determines necessary (based on the results of the consumer testing under paragraph (g)(2)) so that students and parents can make informed loan borrowing decisions, which may include-- ``(A) the most recent cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) with respect to an institution where more than 30 percent of enrolled students borrow loans to pay for their education, and a comparison to the national average cohort default rate; ``(B) the percentage of students at the institution who borrow student loans; ``(C) the median loan debt at graduation for students at the institution (clearly marked as including only Federal loans if private loan data are not available to be included); and ``(D) any additional calculations determined necessary for ensuring that students understand full college costs, financial aid gaps, and options for covering those gaps. ``(c) Other Required Contents for the Offer Form.--The standard form developed under subsection (a) shall include, in addition to the information described in subsection (b), the following information to be included on the financial aid offer form in a concise format determined by the Secretary of Education, in consultation with the heads of relevant Federal agencies: ``(1) At the institution's discretion-- ``(A) additional options and potential resources for paying for the amount listed in subsection (b)(3), such as tuition payment plans; and ``(B) a disclosure that Federal Direct PLUS Loans or private education loans may be available to cover remaining need, except that the institution may not include an amount for Federal Direct PLUS Loans or private education loans and must include a disclosure for Federal Direct PLUS Loans that such loans are subject to an additional application process, and a disclosure that both types of loans have to be repaid by the borrower, and may not be eligible for all the benefits available for Federal Direct Stafford Loans or Federal Direct Unsubsidized Stafford Loans. ``(2) The following information relating to private student loans: ``(A) A statement that students considering borrowing to cover the cost of attendance should consider available Federal student loans prior to applying for private education loans, including an explanation that Federal student loans offer generally more favorable terms and beneficial repayment options than private loans. ``(B) The impact of a proposed private education loan on the student's potential eligibility for other financial assistance, including Federal financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). ``(C) A statement explaining the student's ability to select a private educational lender of the student's choice. ``(3) Information on work-study employment opportunities, offered in accordance with part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.) including a disclosure that the work-study aid offered is subject to the availability of qualified employment opportunities and is disbursed over time as earned by the student. Work-study employment opportunities (or a student's potential income based on those opportunities) shall not be included in the category of financial aid described under subsection (b)(2). ``(d) Additional Requirements for Financial Aid Offer Form.--The financial aid offer form shall meet the following requirements: ``(1) Include, in addition to the requirements described in subsections (b) and (c), a concise summary, in plain language, of-- ``(A) the terms and conditions of financial aid recommended under paragraphs (2) and (4) of subsection (b) and subsection (c)(3), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information; and ``(B) Federal, State, or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. ``(2) Clearly distinguish between the aid offered under paragraphs (2) and (4) of subsection (b) and subsection (c)(3), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. ``(3) Use standard terminology and definitions, as described in subsection (e)(1) and use plain language where possible. ``(4) If an institution's recommended Federal student loan aid offered in subsection (b)(4) is less than the Federal maximum available to the student, the institution shall provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. ``(5) Use the standard offer form described in subsection (e)(2). ``(6) Include the standardized statement regarding the possible availability of Federal education benefits, as established by the Secretary in accordance with subsection (e)(3). ``(7) Include a delivery confirmation for electronic financial aid offer forms, except that receipt of the financial aid offer form shall not be considered an acceptance or rejection of aid by the student. ``(8) With respect to dependent students, any reference to private education loans shall be accompanied by-- ``(A) information about the availability of, and terms and conditions associated with, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) for the student's parents regardless of family income; and ``(B) a notification of the student's increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) if the student's parents are not able to borrow under the Federal Direct PLUS Loan program. ``(e) Standard Information Established by the Secretary.-- ``(1) Standard terminology.--Not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2021, the Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury and the Director of the Consumer Financial Protection Bureau, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, shall establish standard terminology and definitions for the terms described in subsection (b). ``(2) Standard form.-- ``(A) In general.--The Secretary of Education shall develop multiple draft financial aid offer forms for consumer testing, carry out consumer testing for such forms, and establish a finalized standard financial aid offer form, in accordance with the process established in subsection (g) and the requirements of this section. ``(B) Separate financial aid offer forms.--The Secretary may develop separate financial aid offer forms for-- ``(i) undergraduate students and graduate students; and ``(ii) first-time students and returning students. ``(3) Additional benefits.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury, the Secretary of Veterans Affairs, the Secretary of Defense, and the Director of the Consumer Financial Protection Bureau, shall establish standard language notifying students that they may be eligible for education benefits (and where students can locate more information about such benefits,) including benefits in accordance with each of the following: ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(C) Section 1784a, 2005, or 2007 of title 10, United States Code. ``(f) Supplemental Information; Removal of Information.-- ``(1) Nothing in this section shall preclude an institution from supplementing the financial aid offer form with additional information if such additional information supplements the financial aid offer form and is not located on the financial aid offer form, and provided such information utilizes the same standard terminology identified in subsection (e)(1). ``(2) Nothing in this section shall preclude an institution from deleting a required item if the borrower is ineligible for such aid. ``(g) Development of Financial Aid Offer Form.-- ``(1) Draft form.--Not later than 9 months after the date of enactment of the Understanding the True Cost of College Act of 2021, the Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury and the Director of the Consumer Financial Protection Bureau, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, shall design and produce multiple draft financial aid offer forms for consumer testing with postsecondary students or prospective students. In developing that form, the Secretary shall ensure-- ``(A) that the headings described in paragraphs (1) through (4) of subsection (b) is in the same font, appears in the same order, and is displayed prominently on the financial aid offer form, such that none of that information is inappropriately omitted or de- emphasized; ``(B) that the other information required in subsection (b) appears in a standard format and design on the financial aid offer form; and ``(C) that the institution may include a logo or brand alongside the title of the financial aid offer form. ``(2) Consumer testing.-- ``(A) In general.--Not later than 9 months after the date of enactment of the Understanding the True Cost of College Act of 2021, the Secretary of Education, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the financial aid offer form drafts developed under paragraph (1) for consumer testing among representatives of students (including low-income students, first generation college students, adult students, veterans, servicemembers, and prospective students), students' families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. ``(B) Pilot.--During such consumer testing, the Secretary shall ensure that not less than 16 and not more than 24 eligible institutions use the draft forms developed under paragraph (1), including institutions-- ``(i) that reflect a proportionate representation (based on the total number of students enrolled in postsecondary education) of community colleges, for-profit institutions, four-year public institutions, and four-year private nonprofit institutions; and ``(ii) that reflect geographic diversity. ``(C) Length of consumer testing.--The Secretary of Education shall ensure that the consumer testing under this paragraph lasts no longer than 8 months after the process for consumer testing is developed under subparagraph (A). ``(3) Final form.-- ``(A) In general.--The results of consumer testing under paragraph (2) shall be used in the final development of the financial aid offer form. ``(B) Reporting requirement.--Not later than 3 months after the date the consumer testing under paragraph (2) concludes, the Secretary of Education shall submit to Congress and publish on its website the final standard financial aid offer form and a report detailing the results of such testing, including whether the Secretary of Education added any additional items to the standard financial aid offer form pursuant to subsection (b)(6). ``(4) Authority to modify.--The Secretary of Education may modify the definitions, terms, formatting, and design of the financial aid offer form based on the results of consumer testing required under this subsection and before finalizing the form, or in subsequent consumer testing. The Secretary may also recommend additional changes to Congress.''. SEC. 3. MANDATORY FORM. Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following: ``SEC. 124. USE OF MANDATORY FINANCIAL AID OFFER FORM AND TERMS. ``(a) In General.--Notwithstanding any other provision of law, each institution of higher education that receives Federal financial assistance under this Act shall-- ``(1) use the financial aid offer form developed under section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note) in providing paper, mobile-optimized offers, or other electronic offers to all students who apply for aid and are accepted at the institution; and ``(2) use the standard terminology and definitions developed by the Secretary of Education under subsection (e)(1) of that Act for all communications from the institution related to financial aid offers. ``(b) Effective Dates.--The requirements under this section shall take effect at the start of the first award year after the Secretary of Education finalizes the standard terminology and form developed in accordance with section 484 of the Higher Education Opportunity Act (20 U.S.C. 1092 note).''. ``(c) Administrative Procedures.--Section 492 of the Higher Education Act (20 U.S.C. 1098a) shall not apply with respect to regulations promulgated in accordance with this section.''. <all>

Understanding the True Cost of College Act of 2021

A bill to require a standard financial aid offer form, and for other purposes.

Understanding the True Cost of College Act of 2021

Sen. Grassley, Chuck

R

IA

This bill requires standardized financial aid terminology and offer forms. Specifically, the Department of Education (ED) must develop standard terminology and a format for financial aid offer forms based on recommendations from representatives of certain groups, including students, veterans, and institutions of higher education (IHEs). The consumer-friendly form must include specified details and disclosures, including the estimated cost of attendance, the net price that a student or family is estimated to pay, and the terms and conditions of financial aid. In addition, ED must (1) test the form with representatives of students, students' families, IHEs, secondary school and postsecondary counselors, and nonprofit consumer groups; and (2) use the results to develop the final form. Each IHE that participates in federal student-aid programs must (1) use the standard form when offering financial aid to students, and (2) use the standard terminology and definitions developed by ED for all communications related to financial aid offers.

2. 484. INSTITUTION FINANCIAL AID OFFER FORM. 1087ll); and ``(II) college-sponsored housing and food costs (as determined based on the costs for room and board under such section). ``(D) An indication, as applicable, about whether the tuition and fees are estimated based on the previous year, or are set, for the academic period indicated in accordance with subparagraph (B). ``(2) Grants and scholarships.--The aggregate amount of grants and scholarships by source that the student does not have to repay, such as grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. ``(B) A disclosure that such loans have to be repaid and a disclosure that the student can borrow a lesser or, if applicable, greater amount than the recommended loan amount. ``(D) A link to the Department of Education's repayment calculator website for students with instruction that this website contains customizable estimates of expected repayment costs under different loan repayment plans. ``(B) Information on when and how direct costs to the institution must be paid. ``(C) A statement explaining the student's ability to select a private educational lender of the student's choice. including a disclosure that the work-study aid offered is subject to the availability of qualified employment opportunities and is disbursed over time as earned by the student. ``(3) Use standard terminology and definitions, as described in subsection (e)(1) and use plain language where possible. 1087e) for the student's parents regardless of family income; and ``(B) a notification of the student's increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) ``(3) Additional benefits.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury, the Secretary of Veterans Affairs, the Secretary of Defense, and the Director of the Consumer Financial Protection Bureau, shall establish standard language notifying students that they may be eligible for education benefits (and where students can locate more information about such benefits,) including benefits in accordance with each of the following: ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(C) Length of consumer testing.--The Secretary of Education shall ensure that the consumer testing under this paragraph lasts no longer than 8 months after the process for consumer testing is developed under subparagraph (A). The Secretary may also recommend additional changes to Congress.''. SEC. 3. is amended by adding at the end the following: ``SEC. 1092 note).''.

2. 484. INSTITUTION FINANCIAL AID OFFER FORM. 1087ll); and ``(II) college-sponsored housing and food costs (as determined based on the costs for room and board under such section). ``(D) An indication, as applicable, about whether the tuition and fees are estimated based on the previous year, or are set, for the academic period indicated in accordance with subparagraph (B). ``(2) Grants and scholarships.--The aggregate amount of grants and scholarships by source that the student does not have to repay, such as grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. ``(B) A disclosure that such loans have to be repaid and a disclosure that the student can borrow a lesser or, if applicable, greater amount than the recommended loan amount. ``(D) A link to the Department of Education's repayment calculator website for students with instruction that this website contains customizable estimates of expected repayment costs under different loan repayment plans. ``(B) Information on when and how direct costs to the institution must be paid. including a disclosure that the work-study aid offered is subject to the availability of qualified employment opportunities and is disbursed over time as earned by the student. ``(3) Use standard terminology and definitions, as described in subsection (e)(1) and use plain language where possible. 1087e) for the student's parents regardless of family income; and ``(B) a notification of the student's increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) ``(C) Length of consumer testing.--The Secretary of Education shall ensure that the consumer testing under this paragraph lasts no longer than 8 months after the process for consumer testing is developed under subparagraph (A). The Secretary may also recommend additional changes to Congress.''. SEC. 3. is amended by adding at the end the following: ``SEC. 1092 note).''.

This Act may be cited as the ``Understanding the True Cost of College Act of 2021''. 2. 484. INSTITUTION FINANCIAL AID OFFER FORM. ``(a) Standard Format and Terminology.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop standard terminology and a standard format for financial aid offer forms based on recommendations from representatives of students, veterans, servicemembers, students' families, institutions of higher education (including community colleges, for-profit institutions, four- year public institutions, and four-year private nonprofit institutions), financial aid experts, secondary school and postsecondary counselors, nonprofit organizations, and consumer groups. 1087ll); and ``(II) college-sponsored housing and food costs (as determined based on the costs for room and board under such section). ``(D) An indication, as applicable, about whether the tuition and fees are estimated based on the previous year, or are set, for the academic period indicated in accordance with subparagraph (B). ``(2) Grants and scholarships.--The aggregate amount of grants and scholarships by source that the student does not have to repay, such as grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. ``(B) A disclosure that the net price is an estimate of the total expenses for the year and not equivalent to the amount the student will owe directly to the institution. ``(B) A disclosure that such loans have to be repaid and a disclosure that the student can borrow a lesser or, if applicable, greater amount than the recommended loan amount. ``(D) A link to the Department of Education's repayment calculator website for students with instruction that this website contains customizable estimates of expected repayment costs under different loan repayment plans. ``(B) Information on when and how direct costs to the institution must be paid. ``(C) A statement explaining the student's ability to select a private educational lender of the student's choice. including a disclosure that the work-study aid offered is subject to the availability of qualified employment opportunities and is disbursed over time as earned by the student. ``(d) Additional Requirements for Financial Aid Offer Form.--The financial aid offer form shall meet the following requirements: ``(1) Include, in addition to the requirements described in subsections (b) and (c), a concise summary, in plain language, of-- ``(A) the terms and conditions of financial aid recommended under paragraphs (2) and (4) of subsection (b) and subsection (c)(3), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information; and ``(B) Federal, State, or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. ``(3) Use standard terminology and definitions, as described in subsection (e)(1) and use plain language where possible. 1087e) for the student's parents regardless of family income; and ``(B) a notification of the student's increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) if the student's parents are not able to borrow under the Federal Direct PLUS Loan program. ``(3) Additional benefits.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury, the Secretary of Veterans Affairs, the Secretary of Defense, and the Director of the Consumer Financial Protection Bureau, shall establish standard language notifying students that they may be eligible for education benefits (and where students can locate more information about such benefits,) including benefits in accordance with each of the following: ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(C) Length of consumer testing.--The Secretary of Education shall ensure that the consumer testing under this paragraph lasts no longer than 8 months after the process for consumer testing is developed under subparagraph (A). ``(3) Final form.-- ``(A) In general.--The results of consumer testing under paragraph (2) shall be used in the final development of the financial aid offer form. The Secretary may also recommend additional changes to Congress.''. SEC. 3. MANDATORY FORM. is amended by adding at the end the following: ``SEC. 124. 1092 note).''. 1098a) shall not apply with respect to regulations promulgated in accordance with this section.''.

This Act may be cited as the ``Understanding the True Cost of College Act of 2021''. 2. 484. INSTITUTION FINANCIAL AID OFFER FORM. ``(a) Standard Format and Terminology.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop standard terminology and a standard format for financial aid offer forms based on recommendations from representatives of students, veterans, servicemembers, students' families, institutions of higher education (including community colleges, for-profit institutions, four- year public institutions, and four-year private nonprofit institutions), financial aid experts, secondary school and postsecondary counselors, nonprofit organizations, and consumer groups. 1087ll); and ``(II) college-sponsored housing and food costs (as determined based on the costs for room and board under such section). ``(D) An indication, as applicable, about whether the tuition and fees are estimated based on the previous year, or are set, for the academic period indicated in accordance with subparagraph (B). ``(2) Grants and scholarships.--The aggregate amount of grants and scholarships by source that the student does not have to repay, such as grant aid offered under title IV of the Higher Education Act of 1965 (20 U.S.C. ``(B) A disclosure that the net price is an estimate of the total expenses for the year and not equivalent to the amount the student will owe directly to the institution. (except a Federal Direct PLUS Loan under part D of that Act) that the institution recommends for the student for the academic period covered by the offer, which shall be made-- ``(i) with clear use of the word `loan' to describe the recommended loan amounts; and ``(ii) with clear labeling of subsidized and unsubsidized loans. ``(B) A disclosure that such loans have to be repaid and a disclosure that the student can borrow a lesser or, if applicable, greater amount than the recommended loan amount. ``(D) A link to the Department of Education's repayment calculator website for students with instruction that this website contains customizable estimates of expected repayment costs under different loan repayment plans. ``(5) Process for accepting or declining aid and next steps.-- ``(A) The deadlines and a summary of the process (including the next steps) for-- ``(i) accepting the financial aid offered in the financial aid offer form; ``(ii) requesting higher loan amounts if recommended loan amounts were included; and ``(iii) declining aid offered in the form. ``(B) Information on when and how direct costs to the institution must be paid. ``(C) A disclosure that verification of financial circumstances may require the student to submit further documentation. 1085(m)) with respect to an institution where more than 30 percent of enrolled students borrow loans to pay for their education, and a comparison to the national average cohort default rate; ``(B) the percentage of students at the institution who borrow student loans; ``(C) the median loan debt at graduation for students at the institution (clearly marked as including only Federal loans if private loan data are not available to be included); and ``(D) any additional calculations determined necessary for ensuring that students understand full college costs, financial aid gaps, and options for covering those gaps. ``(C) A statement explaining the student's ability to select a private educational lender of the student's choice. including a disclosure that the work-study aid offered is subject to the availability of qualified employment opportunities and is disbursed over time as earned by the student. ``(d) Additional Requirements for Financial Aid Offer Form.--The financial aid offer form shall meet the following requirements: ``(1) Include, in addition to the requirements described in subsections (b) and (c), a concise summary, in plain language, of-- ``(A) the terms and conditions of financial aid recommended under paragraphs (2) and (4) of subsection (b) and subsection (c)(3), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information; and ``(B) Federal, State, or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. ``(3) Use standard terminology and definitions, as described in subsection (e)(1) and use plain language where possible. 1087e) for the student's parents regardless of family income; and ``(B) a notification of the student's increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) if the student's parents are not able to borrow under the Federal Direct PLUS Loan program. ``(3) Additional benefits.--The Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury, the Secretary of Veterans Affairs, the Secretary of Defense, and the Director of the Consumer Financial Protection Bureau, shall establish standard language notifying students that they may be eligible for education benefits (and where students can locate more information about such benefits,) including benefits in accordance with each of the following: ``(A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. ``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. ``(2) Nothing in this section shall preclude an institution from deleting a required item if the borrower is ineligible for such aid. ``(C) Length of consumer testing.--The Secretary of Education shall ensure that the consumer testing under this paragraph lasts no longer than 8 months after the process for consumer testing is developed under subparagraph (A). ``(3) Final form.-- ``(A) In general.--The results of consumer testing under paragraph (2) shall be used in the final development of the financial aid offer form. The Secretary may also recommend additional changes to Congress.''. SEC. 3. MANDATORY FORM. is amended by adding at the end the following: ``SEC. 124. 1092 note).''. 1098a) shall not apply with respect to regulations promulgated in accordance with this section.''.

H.R.3521

Government Operations and Politics

Postal Service Electric Fleet Authorization Act of 2021 This bill establishes requirements for U.S. Postal Service (USPS) acquisition of vehicles and the infrastructure required to operate a fleet of electric vehicles. The bill's provisions only apply if specified funding is appropriated. Specifically, the bill requires the USPS to ensure that at least 75% of the total number of next generation delivery vehicles purchased using such funds are electric or zero-emission vehicles. The bill provides for a phase-out of medium- and heavy-duty vehicles that are not electric or zero-emission vehicles. The USPS must provide by January 1, 2026, at each postal facility accessible to the public, at least one electric vehicle charging station for use by the public or USPS officers and employees.

To modernize the fleet of delivery vehicles used by the Postal Service with electric or zero-emission vehicles, 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 ``Postal Service Electric Fleet Authorization Act of 2021''. SEC. 2. AUTHORIZATION OF APPROPRIATION FOR UNITED STATES POSTAL SERVICE FOR MODERNIZATION OF POSTAL INFRASTRUCTURE. There is authorized to be appropriated to the United States Postal Service $8,000,000,000, to remain available until expended, for the acquisition of vehicles and the infrastructure required to operate a fleet of electric vehicles. Any amounts appropriated under this subsection shall be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code. SEC. 3. ELECTRIC OR ZERO-EMISSION VEHICLES FOR UNITED STATES POSTAL SERVICE FLEET. (a) In General.--Any next generation delivery vehicle purchased by the United States Postal Service using the funds appropriated under section 2 shall, to the greatest extent practicable, be an electric or zero-emission vehicle, and the Postal Service shall ensure that at least 75 percent of the total number of vehicles purchased using such funds shall be electric or zero-emission vehicles. In this subsection, the term ``next generation delivery vehicle'' means a vehicle purchased to replace a right-hand drive, long-life vehicle in use by the Postal Service. (b) Medium and Heavy-Duty Vehicles.-- (1) Date of enactment and 2025.--Between the period beginning on the date of enactment of this Act and ending on December 31, 2024, not less than 75 percent of the total number of new medium or heavy-duty vehicles purchased by the Postal Service during such period shall be electric or zero-emission vehicles. (2) After 2029.--Beginning on January 1, 2030, the Postal Service may not purchase any new medium or heavy-duty vehicle that is not an electric or zero-emission vehicle. (c) Compliance.--The Postal Service shall comply with chapter 83 of title 41, United States Code, (popularly known as the Buy American Act) and any applicable Federal labor or civil rights laws-- (1) in carrying out subsections (a) and (b); and (2) with respect to any vehicle purchased using funds appropriated under section 2. (d) Charging Stations.-- (1) In general.--Not later than January 1, 2026, the Postal Service shall provide, at each postal facility accessible to the public, not less than one electric vehicle charging station for use by the public or officers and employees of the Postal Service. (2) Fleet operation.--The Postal Service shall ensure that adequate charging stations are available at Postal Service facilities to keep the Postal Service fleet operational. (e) Plan and Update.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall submit to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a plan to carry out this section. The Postmaster General shall submit an update and progress report on implementing such plan to such committees not less than once every two years beginning on the date the plan is submitted under the previous sentence and ending on the day that is six years after such date. (f) Contingent on Appropriation.--The requirements of subsections (a) through (e) of this section shall not apply unless the funds authorized under section 2 are appropriated. <all>

Postal Service Electric Fleet Authorization Act of 2021

To modernize the fleet of delivery vehicles used by the Postal Service with electric or zero-emission vehicles, and for other purposes.

Postal Service Electric Fleet Authorization Act of 2021

Rep. Lynch, Stephen F.

D

MA

This bill establishes requirements for U.S. Postal Service (USPS) acquisition of vehicles and the infrastructure required to operate a fleet of electric vehicles. The bill's provisions only apply if specified funding is appropriated. Specifically, the bill requires the USPS to ensure that at least 75% of the total number of next generation delivery vehicles purchased using such funds are electric or zero-emission vehicles. The bill provides for a phase-out of medium- and heavy-duty vehicles that are not electric or zero-emission vehicles. The USPS must provide by January 1, 2026, at each postal facility accessible to the public, at least one electric vehicle charging station for use by the public or USPS officers and employees.

To modernize the fleet of delivery vehicles used by the Postal Service with electric or zero-emission vehicles, 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 ``Postal Service Electric Fleet Authorization Act of 2021''. 2. There is authorized to be appropriated to the United States Postal Service $8,000,000,000, to remain available until expended, for the acquisition of vehicles and the infrastructure required to operate a fleet of electric vehicles. Any amounts appropriated under this subsection shall be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code. SEC. 3. ELECTRIC OR ZERO-EMISSION VEHICLES FOR UNITED STATES POSTAL SERVICE FLEET. In this subsection, the term ``next generation delivery vehicle'' means a vehicle purchased to replace a right-hand drive, long-life vehicle in use by the Postal Service. (b) Medium and Heavy-Duty Vehicles.-- (1) Date of enactment and 2025.--Between the period beginning on the date of enactment of this Act and ending on December 31, 2024, not less than 75 percent of the total number of new medium or heavy-duty vehicles purchased by the Postal Service during such period shall be electric or zero-emission vehicles. (c) Compliance.--The Postal Service shall comply with chapter 83 of title 41, United States Code, (popularly known as the Buy American Act) and any applicable Federal labor or civil rights laws-- (1) in carrying out subsections (a) and (b); and (2) with respect to any vehicle purchased using funds appropriated under section 2. (d) Charging Stations.-- (1) In general.--Not later than January 1, 2026, the Postal Service shall provide, at each postal facility accessible to the public, not less than one electric vehicle charging station for use by the public or officers and employees of the Postal Service. (2) Fleet operation.--The Postal Service shall ensure that adequate charging stations are available at Postal Service facilities to keep the Postal Service fleet operational. (e) Plan and Update.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall submit to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a plan to carry out this section. The Postmaster General shall submit an update and progress report on implementing such plan to such committees not less than once every two years beginning on the date the plan is submitted under the previous sentence and ending on the day that is six years after such date. (f) Contingent on Appropriation.--The requirements of subsections (a) through (e) of this section shall not apply unless the funds authorized under section 2 are appropriated.

SHORT TITLE. This Act may be cited as the ``Postal Service Electric Fleet Authorization Act of 2021''. 2. There is authorized to be appropriated to the United States Postal Service $8,000,000,000, to remain available until expended, for the acquisition of vehicles and the infrastructure required to operate a fleet of electric vehicles. SEC. 3. ELECTRIC OR ZERO-EMISSION VEHICLES FOR UNITED STATES POSTAL SERVICE FLEET. In this subsection, the term ``next generation delivery vehicle'' means a vehicle purchased to replace a right-hand drive, long-life vehicle in use by the Postal Service. (b) Medium and Heavy-Duty Vehicles.-- (1) Date of enactment and 2025.--Between the period beginning on the date of enactment of this Act and ending on December 31, 2024, not less than 75 percent of the total number of new medium or heavy-duty vehicles purchased by the Postal Service during such period shall be electric or zero-emission vehicles. (c) Compliance.--The Postal Service shall comply with chapter 83 of title 41, United States Code, (popularly known as the Buy American Act) and any applicable Federal labor or civil rights laws-- (1) in carrying out subsections (a) and (b); and (2) with respect to any vehicle purchased using funds appropriated under section 2. (d) Charging Stations.-- (1) In general.--Not later than January 1, 2026, the Postal Service shall provide, at each postal facility accessible to the public, not less than one electric vehicle charging station for use by the public or officers and employees of the Postal Service. (e) Plan and Update.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall submit to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a plan to carry out this section. (f) Contingent on Appropriation.--The requirements of subsections (a) through (e) of this section shall not apply unless the funds authorized under section 2 are appropriated.

To modernize the fleet of delivery vehicles used by the Postal Service with electric or zero-emission vehicles, 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 ``Postal Service Electric Fleet Authorization Act of 2021''. SEC. 2. AUTHORIZATION OF APPROPRIATION FOR UNITED STATES POSTAL SERVICE FOR MODERNIZATION OF POSTAL INFRASTRUCTURE. There is authorized to be appropriated to the United States Postal Service $8,000,000,000, to remain available until expended, for the acquisition of vehicles and the infrastructure required to operate a fleet of electric vehicles. Any amounts appropriated under this subsection shall be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code. SEC. 3. ELECTRIC OR ZERO-EMISSION VEHICLES FOR UNITED STATES POSTAL SERVICE FLEET. (a) In General.--Any next generation delivery vehicle purchased by the United States Postal Service using the funds appropriated under section 2 shall, to the greatest extent practicable, be an electric or zero-emission vehicle, and the Postal Service shall ensure that at least 75 percent of the total number of vehicles purchased using such funds shall be electric or zero-emission vehicles. In this subsection, the term ``next generation delivery vehicle'' means a vehicle purchased to replace a right-hand drive, long-life vehicle in use by the Postal Service. (b) Medium and Heavy-Duty Vehicles.-- (1) Date of enactment and 2025.--Between the period beginning on the date of enactment of this Act and ending on December 31, 2024, not less than 75 percent of the total number of new medium or heavy-duty vehicles purchased by the Postal Service during such period shall be electric or zero-emission vehicles. (2) After 2029.--Beginning on January 1, 2030, the Postal Service may not purchase any new medium or heavy-duty vehicle that is not an electric or zero-emission vehicle. (c) Compliance.--The Postal Service shall comply with chapter 83 of title 41, United States Code, (popularly known as the Buy American Act) and any applicable Federal labor or civil rights laws-- (1) in carrying out subsections (a) and (b); and (2) with respect to any vehicle purchased using funds appropriated under section 2. (d) Charging Stations.-- (1) In general.--Not later than January 1, 2026, the Postal Service shall provide, at each postal facility accessible to the public, not less than one electric vehicle charging station for use by the public or officers and employees of the Postal Service. (2) Fleet operation.--The Postal Service shall ensure that adequate charging stations are available at Postal Service facilities to keep the Postal Service fleet operational. (e) Plan and Update.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall submit to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a plan to carry out this section. The Postmaster General shall submit an update and progress report on implementing such plan to such committees not less than once every two years beginning on the date the plan is submitted under the previous sentence and ending on the day that is six years after such date. (f) Contingent on Appropriation.--The requirements of subsections (a) through (e) of this section shall not apply unless the funds authorized under section 2 are appropriated. <all>

To modernize the fleet of delivery vehicles used by the Postal Service with electric or zero-emission vehicles, 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 ``Postal Service Electric Fleet Authorization Act of 2021''. SEC. 2. AUTHORIZATION OF APPROPRIATION FOR UNITED STATES POSTAL SERVICE FOR MODERNIZATION OF POSTAL INFRASTRUCTURE. There is authorized to be appropriated to the United States Postal Service $8,000,000,000, to remain available until expended, for the acquisition of vehicles and the infrastructure required to operate a fleet of electric vehicles. Any amounts appropriated under this subsection shall be deposited into the Postal Service Fund established under section 2003 of title 39, United States Code. SEC. 3. ELECTRIC OR ZERO-EMISSION VEHICLES FOR UNITED STATES POSTAL SERVICE FLEET. (a) In General.--Any next generation delivery vehicle purchased by the United States Postal Service using the funds appropriated under section 2 shall, to the greatest extent practicable, be an electric or zero-emission vehicle, and the Postal Service shall ensure that at least 75 percent of the total number of vehicles purchased using such funds shall be electric or zero-emission vehicles. In this subsection, the term ``next generation delivery vehicle'' means a vehicle purchased to replace a right-hand drive, long-life vehicle in use by the Postal Service. (b) Medium and Heavy-Duty Vehicles.-- (1) Date of enactment and 2025.--Between the period beginning on the date of enactment of this Act and ending on December 31, 2024, not less than 75 percent of the total number of new medium or heavy-duty vehicles purchased by the Postal Service during such period shall be electric or zero-emission vehicles. (2) After 2029.--Beginning on January 1, 2030, the Postal Service may not purchase any new medium or heavy-duty vehicle that is not an electric or zero-emission vehicle. (c) Compliance.--The Postal Service shall comply with chapter 83 of title 41, United States Code, (popularly known as the Buy American Act) and any applicable Federal labor or civil rights laws-- (1) in carrying out subsections (a) and (b); and (2) with respect to any vehicle purchased using funds appropriated under section 2. (d) Charging Stations.-- (1) In general.--Not later than January 1, 2026, the Postal Service shall provide, at each postal facility accessible to the public, not less than one electric vehicle charging station for use by the public or officers and employees of the Postal Service. (2) Fleet operation.--The Postal Service shall ensure that adequate charging stations are available at Postal Service facilities to keep the Postal Service fleet operational. (e) Plan and Update.--Not later than 180 days after the date of enactment of this Act, the Postmaster General shall submit to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate a plan to carry out this section. The Postmaster General shall submit an update and progress report on implementing such plan to such committees not less than once every two years beginning on the date the plan is submitted under the previous sentence and ending on the day that is six years after such date. (f) Contingent on Appropriation.--The requirements of subsections (a) through (e) of this section shall not apply unless the funds authorized under section 2 are appropriated. <all>

S.2015

Transportation and Public Works

Travel Optimization by Updating and Revitalizing Infrastructure to Support Mobilization Act or the TOURISM Act This bill changes requirements for and contents of the National Travel and Tourism Infrastructure Strategic Plan. The changes include requiring the plan to address strategies to leverage infrastructure investments to support the travel and tourism economy in the wake of the COVID-19 pandemic.

To amend the FAST Act to require an update to the national travel and tourism infrastructure strategic plan, 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 ``Travel Optimization by Updating and Revitalizing Infrastructure to Support Mobilization Act'' or the ``TOURISM Act''. SEC. 2. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN. Section 1431(e) of the FAST Act (49 U.S.C. 301 note; Public Law 114-94) is amended-- (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated)-- (A) by striking ``Not later than 3 years after the date of enactment of this Act'' and inserting ``Not later than 180 days after the date of enactment of the TOURISM Act''; and (B) by striking ``plan that includes'' and inserting the following: ``plan-- ``(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the COVID-19 pandemic; and ``(2) that includes''; and (3) in paragraph (2) (as so redesignated)-- (A) in subparagraph (A) (as so redesignated), by inserting ``, including consideration of the impacts of the COVID-19 pandemic'' after ``network''; (B) in subparagraph (D) (as so redesignated), by inserting ``of regional significance'' after ``corridors''; (C) in subparagraph (F) (as so redesignated), by striking ``and'' at the end; (D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic but often less-traveled roads that promote tourism and economic development throughout the country.''. <all>

TOURISM Act

A bill to amend the FAST Act to requirement an update to the national travel and tourism infrastructure strategic plan, and for other purposes.

TOURISM Act Travel Optimization by Updating and Revitalizing Infrastructure to Support Mobilization Act

Sen. Rosen, Jacky

D

NV

This bill changes requirements for and contents of the National Travel and Tourism Infrastructure Strategic Plan. The changes include requiring the plan to address strategies to leverage infrastructure investments to support the travel and tourism economy in the wake of the COVID-19 pandemic.

To amend the FAST Act to require an update to the national travel and tourism infrastructure strategic plan, 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 ``Travel Optimization by Updating and Revitalizing Infrastructure to Support Mobilization Act'' or the ``TOURISM Act''. SEC. 2. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN. Section 1431(e) of the FAST Act (49 U.S.C. 301 note; Public Law 114-94) is amended-- (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated)-- (A) by striking ``Not later than 3 years after the date of enactment of this Act'' and inserting ``Not later than 180 days after the date of enactment of the TOURISM Act''; and (B) by striking ``plan that includes'' and inserting the following: ``plan-- ``(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the COVID-19 pandemic; and ``(2) that includes''; and (3) in paragraph (2) (as so redesignated)-- (A) in subparagraph (A) (as so redesignated), by inserting ``, including consideration of the impacts of the COVID-19 pandemic'' after ``network''; (B) in subparagraph (D) (as so redesignated), by inserting ``of regional significance'' after ``corridors''; (C) in subparagraph (F) (as so redesignated), by striking ``and'' at the end; (D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic but often less-traveled roads that promote tourism and economic development throughout the country.''. <all>

To amend the FAST Act to require an update to the national travel and tourism infrastructure strategic plan, 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 ``Travel Optimization by Updating and Revitalizing Infrastructure to Support Mobilization Act'' or the ``TOURISM Act''. SEC. 2. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN. Section 1431(e) of the FAST Act (49 U.S.C. 301 note; Public Law 114-94) is amended-- (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated)-- (A) by striking ``Not later than 3 years after the date of enactment of this Act'' and inserting ``Not later than 180 days after the date of enactment of the TOURISM Act''; and (B) by striking ``plan that includes'' and inserting the following: ``plan-- ``(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the COVID-19 pandemic; and ``(2) that includes''; and (3) in paragraph (2) (as so redesignated)-- (A) in subparagraph (A) (as so redesignated), by inserting ``, including consideration of the impacts of the COVID-19 pandemic'' after ``network''; (B) in subparagraph (D) (as so redesignated), by inserting ``of regional significance'' after ``corridors''; (C) in subparagraph (F) (as so redesignated), by striking ``and'' at the end; (D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic but often less-traveled roads that promote tourism and economic development throughout the country.''. <all>

To amend the FAST Act to require an update to the national travel and tourism infrastructure strategic plan, 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 ``Travel Optimization by Updating and Revitalizing Infrastructure to Support Mobilization Act'' or the ``TOURISM Act''. SEC. 2. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN. Section 1431(e) of the FAST Act (49 U.S.C. 301 note; Public Law 114-94) is amended-- (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated)-- (A) by striking ``Not later than 3 years after the date of enactment of this Act'' and inserting ``Not later than 180 days after the date of enactment of the TOURISM Act''; and (B) by striking ``plan that includes'' and inserting the following: ``plan-- ``(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the COVID-19 pandemic; and ``(2) that includes''; and (3) in paragraph (2) (as so redesignated)-- (A) in subparagraph (A) (as so redesignated), by inserting ``, including consideration of the impacts of the COVID-19 pandemic'' after ``network''; (B) in subparagraph (D) (as so redesignated), by inserting ``of regional significance'' after ``corridors''; (C) in subparagraph (F) (as so redesignated), by striking ``and'' at the end; (D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic but often less-traveled roads that promote tourism and economic development throughout the country.''. <all>

To amend the FAST Act to require an update to the national travel and tourism infrastructure strategic plan, 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 ``Travel Optimization by Updating and Revitalizing Infrastructure to Support Mobilization Act'' or the ``TOURISM Act''. SEC. 2. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN. Section 1431(e) of the FAST Act (49 U.S.C. 301 note; Public Law 114-94) is amended-- (1) by redesignating paragraphs (1) through (7) as subparagraphs (A) though (G), respectively, and indenting appropriately; (2) in the matter preceding subparagraph (A) (as so redesignated)-- (A) by striking ``Not later than 3 years after the date of enactment of this Act'' and inserting ``Not later than 180 days after the date of enactment of the TOURISM Act''; and (B) by striking ``plan that includes'' and inserting the following: ``plan-- ``(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the COVID-19 pandemic; and ``(2) that includes''; and (3) in paragraph (2) (as so redesignated)-- (A) in subparagraph (A) (as so redesignated), by inserting ``, including consideration of the impacts of the COVID-19 pandemic'' after ``network''; (B) in subparagraph (D) (as so redesignated), by inserting ``of regional significance'' after ``corridors''; (C) in subparagraph (F) (as so redesignated), by striking ``and'' at the end; (D) in subparagraph (G) (as so redesignated), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic but often less-traveled roads that promote tourism and economic development throughout the country.''. <all>

S.4051

Finance and Financial Sector

Protecting American Capital Act of 2022 This bill requires the Department of the Treasury to annually report to Congress on portfolio investments made by U.S. persons in China. The report must include The initial report must include investment information back to January 1, 2008.

To require an annual report on United States portfolio investments in the People's Republic of China, 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 ``Protecting American Capital Act of 2022''. SEC. 2. ANNUAL REPORT ON UNITED STATES PORTFOLIO INVESTMENTS IN THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on portfolio investments by United States persons in the People's Republic of China, including such investments routed through a jurisdiction outside the United States. (b) Elements.--Each report required by subsection (a) shall include an assessment of the involvement of the following in portfolio investments in the People's Republic of China: (1) United States persons making such investments, including an assessment of-- (A) the types of United States persons making such investments, including State pension funds; and (B) United States persons making more than 2 percent of the total of such investments in a year. (2) Chinese entities receiving such investments, including an assessment of-- (A) such entities in individual sectors of the economic of the People's Republic of China, including the housing sector; (B) any Chinese entities subject to sanctions imposed by the United States receiving such investments; and (C) Chinese entities that receive more than $100,000,000 from such investments. (c) Period Covered.--The period covered by a report required by subsection (a) shall be-- (1) in the case of the first such report, the period beginning on January 1, 2008, and ending on the date of the report; and (2) in the case of each subsequent such report, the one- year period preceding submission of the report. (d) Definitions.--In this section: (1) Chinese entity.--The term ``Chinese entity'' means an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (2) 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 any jurisdiction within the United States, including a foreign branch of such an entity. <all>

Protecting American Capital Act of 2022

A bill to require an annual report on United States portfolio investments in the People's Republic of China, and for other purposes.

Protecting American Capital Act of 2022

Sen. Scott, Rick

R

FL

This bill requires the Department of the Treasury to annually report to Congress on portfolio investments made by U.S. persons in China. The report must include The initial report must include investment information back to January 1, 2008.

To require an annual report on United States portfolio investments in the People's Republic of China, 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 ``Protecting American Capital Act of 2022''. SEC. 2. ANNUAL REPORT ON UNITED STATES PORTFOLIO INVESTMENTS IN THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on portfolio investments by United States persons in the People's Republic of China, including such investments routed through a jurisdiction outside the United States. (b) Elements.--Each report required by subsection (a) shall include an assessment of the involvement of the following in portfolio investments in the People's Republic of China: (1) United States persons making such investments, including an assessment of-- (A) the types of United States persons making such investments, including State pension funds; and (B) United States persons making more than 2 percent of the total of such investments in a year. (2) Chinese entities receiving such investments, including an assessment of-- (A) such entities in individual sectors of the economic of the People's Republic of China, including the housing sector; (B) any Chinese entities subject to sanctions imposed by the United States receiving such investments; and (C) Chinese entities that receive more than $100,000,000 from such investments. (c) Period Covered.--The period covered by a report required by subsection (a) shall be-- (1) in the case of the first such report, the period beginning on January 1, 2008, and ending on the date of the report; and (2) in the case of each subsequent such report, the one- year period preceding submission of the report. (d) Definitions.--In this section: (1) Chinese entity.--The term ``Chinese entity'' means an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (2) 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 any jurisdiction within the United States, including a foreign branch of such an entity. <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 American Capital Act of 2022''. SEC. 2. ANNUAL REPORT ON UNITED STATES PORTFOLIO INVESTMENTS IN THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on portfolio investments by United States persons in the People's Republic of China, including such investments routed through a jurisdiction outside the United States. (b) Elements.--Each report required by subsection (a) shall include an assessment of the involvement of the following in portfolio investments in the People's Republic of China: (1) United States persons making such investments, including an assessment of-- (A) the types of United States persons making such investments, including State pension funds; and (B) United States persons making more than 2 percent of the total of such investments in a year. (2) Chinese entities receiving such investments, including an assessment of-- (A) such entities in individual sectors of the economic of the People's Republic of China, including the housing sector; (B) any Chinese entities subject to sanctions imposed by the United States receiving such investments; and (C) Chinese entities that receive more than $100,000,000 from such investments. (c) Period Covered.--The period covered by a report required by subsection (a) shall be-- (1) in the case of the first such report, the period beginning on January 1, 2008, and ending on the date of the report; and (2) in the case of each subsequent such report, the one- year period preceding submission of the report. (d) Definitions.--In this section: (1) Chinese entity.--The term ``Chinese entity'' means an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China.

To require an annual report on United States portfolio investments in the People's Republic of China, 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 ``Protecting American Capital Act of 2022''. SEC. 2. ANNUAL REPORT ON UNITED STATES PORTFOLIO INVESTMENTS IN THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on portfolio investments by United States persons in the People's Republic of China, including such investments routed through a jurisdiction outside the United States. (b) Elements.--Each report required by subsection (a) shall include an assessment of the involvement of the following in portfolio investments in the People's Republic of China: (1) United States persons making such investments, including an assessment of-- (A) the types of United States persons making such investments, including State pension funds; and (B) United States persons making more than 2 percent of the total of such investments in a year. (2) Chinese entities receiving such investments, including an assessment of-- (A) such entities in individual sectors of the economic of the People's Republic of China, including the housing sector; (B) any Chinese entities subject to sanctions imposed by the United States receiving such investments; and (C) Chinese entities that receive more than $100,000,000 from such investments. (c) Period Covered.--The period covered by a report required by subsection (a) shall be-- (1) in the case of the first such report, the period beginning on January 1, 2008, and ending on the date of the report; and (2) in the case of each subsequent such report, the one- year period preceding submission of the report. (d) Definitions.--In this section: (1) Chinese entity.--The term ``Chinese entity'' means an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (2) 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 any jurisdiction within the United States, including a foreign branch of such an entity. <all>

To require an annual report on United States portfolio investments in the People's Republic of China, 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 ``Protecting American Capital Act of 2022''. SEC. 2. ANNUAL REPORT ON UNITED STATES PORTFOLIO INVESTMENTS IN THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to Congress a report on portfolio investments by United States persons in the People's Republic of China, including such investments routed through a jurisdiction outside the United States. (b) Elements.--Each report required by subsection (a) shall include an assessment of the involvement of the following in portfolio investments in the People's Republic of China: (1) United States persons making such investments, including an assessment of-- (A) the types of United States persons making such investments, including State pension funds; and (B) United States persons making more than 2 percent of the total of such investments in a year. (2) Chinese entities receiving such investments, including an assessment of-- (A) such entities in individual sectors of the economic of the People's Republic of China, including the housing sector; (B) any Chinese entities subject to sanctions imposed by the United States receiving such investments; and (C) Chinese entities that receive more than $100,000,000 from such investments. (c) Period Covered.--The period covered by a report required by subsection (a) shall be-- (1) in the case of the first such report, the period beginning on January 1, 2008, and ending on the date of the report; and (2) in the case of each subsequent such report, the one- year period preceding submission of the report. (d) Definitions.--In this section: (1) Chinese entity.--The term ``Chinese entity'' means an entity organized under the laws of the People's Republic of China or otherwise subject to the jurisdiction of the Government of the People's Republic of China. (2) 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 any jurisdiction within the United States, including a foreign branch of such an entity. <all>

H.R.825

Health

Gun Violence Prevention Research Act of 2021 This bill authorizes the Centers for Disease Control and Prevention to conduct or support research on firearms safety or gun violence prevention.

To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Prevention Research Act of 2021''. SEC. 2. FUNDING FOR RESEARCH BY CDC ON FIREARMS SAFETY OR GUN VIOLENCE PREVENTION. There is authorized to be appropriated to the Centers for Disease Control and Prevention $50,000,000 for each of fiscal years 2022 through 2027 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act (42 U.S.C. 201 et seq.). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. <all>

Gun Violence Prevention Research Act of 2021

To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention.

Gun Violence Prevention Research Act of 2021

Rep. Maloney, Carolyn B.

D

NY

This bill authorizes the Centers for Disease Control and Prevention to conduct or support research on firearms safety or gun violence prevention.

To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Prevention Research Act of 2021''. SEC. 2. FUNDING FOR RESEARCH BY CDC ON FIREARMS SAFETY OR GUN VIOLENCE PREVENTION. There is authorized to be appropriated to the Centers for Disease Control and Prevention $50,000,000 for each of fiscal years 2022 through 2027 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act (42 U.S.C. 201 et seq.). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. <all>

To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Prevention Research Act of 2021''. SEC. 2. FUNDING FOR RESEARCH BY CDC ON FIREARMS SAFETY OR GUN VIOLENCE PREVENTION. There is authorized to be appropriated to the Centers for Disease Control and Prevention $50,000,000 for each of fiscal years 2022 through 2027 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act (42 U.S.C. 201 et seq.). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. <all>

To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Prevention Research Act of 2021''. SEC. 2. FUNDING FOR RESEARCH BY CDC ON FIREARMS SAFETY OR GUN VIOLENCE PREVENTION. There is authorized to be appropriated to the Centers for Disease Control and Prevention $50,000,000 for each of fiscal years 2022 through 2027 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act (42 U.S.C. 201 et seq.). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. <all>

To authorize the appropriation of funds to the Centers for Disease Control and Prevention for conducting or supporting research on firearms safety or gun violence prevention. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Prevention Research Act of 2021''. SEC. 2. FUNDING FOR RESEARCH BY CDC ON FIREARMS SAFETY OR GUN VIOLENCE PREVENTION. There is authorized to be appropriated to the Centers for Disease Control and Prevention $50,000,000 for each of fiscal years 2022 through 2027 for the purpose of conducting or supporting research on firearms safety or gun violence prevention under the Public Health Service Act (42 U.S.C. 201 et seq.). The amount authorized to be appropriated by the preceding sentence is in addition to any other amounts authorized to be appropriated for such purpose. <all>

H.R.2036

International Affairs

Saving Us from Pandemic Era Resistance by Building a Unified Global Strategy Act of 2021 or the SUPER BUGS Act of 2021 This bill requires the Department of Health and Human Services (HHS) to seek to enter into agreements with foreign countries to develop and commercialize new drugs to address pandemics. HHS shall report to Congress a strategy for achieving this goal.

To direct the Secretary of Health and Human Services, in consultation with the Secretary of State, to formulate a strategy for entering into agreements with foreign countries to develop and commercialize new drugs to address pandemics, 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 ``Saving Us from Pandemic Era Resistance by Building a Unified Global Strategy Act of 2021'' or the ``SUPER BUGS Act of 2021''. SEC. 2. INTERNATIONAL STRATEGY FOR DEVELOPMENT OF NEW DRUGS TO ADDRESS PANDEMICS. (a) Strategy.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of State, shall-- (A) formulate a strategy for entering into agreements with foreign countries to help to develop and commercialize (including through contracts with the private sector) new drugs to address pandemics, including antimicrobial drugs; and (B) submit such strategy to the Congress. (2) Contents.--The strategy under paragraph (1) shall-- (A) provide for the harmonization of agreements and contracts described in paragraph (1)(A); (B) allow such countries to emphasize national or regional issues of importance; and (C) provide for collaboration among such countries, so as to allocate joint or individual responsibility across such countries for the development and commercialization of particular drugs. (b) Agreements With Foreign Countries.--The Secretary of Health and Human Services, in consultation with the Secretary of State, shall seek to enter into agreements with foreign countries to implement the strategy under subsection (a). (c) Definition.--In this section, the term ``antimicrobial drug'' means-- (1) an antibiotic drug, as defined in section 201(jj) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(jj)); or (2) a biological product, as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)), that exhibits antimicrobial activity. <all>

Saving Us from Pandemic Era Resistance by Building a Unified Global Strategy Act of 2021

To direct the Secretary of Health and Human Services, in consultation with the Secretary of State, to formulate a strategy for entering into agreements with foreign countries to develop and commercialize new drugs to address pandemics, and for other purposes.

SUPER BUGS Act of 2021 Saving Us from Pandemic Era Resistance by Building a Unified Global Strategy Act of 2021

Rep. Levin, Mike

D

CA

This bill requires the Department of Health and Human Services (HHS) to seek to enter into agreements with foreign countries to develop and commercialize new drugs to address pandemics. HHS shall report to Congress a strategy for achieving this goal.

To direct the Secretary of Health and Human Services, in consultation with the Secretary of State, to formulate a strategy for entering into agreements with foreign countries to develop and commercialize new drugs to address pandemics, 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 ``Saving Us from Pandemic Era Resistance by Building a Unified Global Strategy Act of 2021'' or the ``SUPER BUGS Act of 2021''. SEC. 2. INTERNATIONAL STRATEGY FOR DEVELOPMENT OF NEW DRUGS TO ADDRESS PANDEMICS. (a) Strategy.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of State, shall-- (A) formulate a strategy for entering into agreements with foreign countries to help to develop and commercialize (including through contracts with the private sector) new drugs to address pandemics, including antimicrobial drugs; and (B) submit such strategy to the Congress. (2) Contents.--The strategy under paragraph (1) shall-- (A) provide for the harmonization of agreements and contracts described in paragraph (1)(A); (B) allow such countries to emphasize national or regional issues of importance; and (C) provide for collaboration among such countries, so as to allocate joint or individual responsibility across such countries for the development and commercialization of particular drugs. (b) Agreements With Foreign Countries.--The Secretary of Health and Human Services, in consultation with the Secretary of State, shall seek to enter into agreements with foreign countries to implement the strategy under subsection (a). (c) Definition.--In this section, the term ``antimicrobial drug'' means-- (1) an antibiotic drug, as defined in section 201(jj) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(jj)); or (2) a biological product, as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)), that exhibits antimicrobial activity. <all>

To direct the Secretary of Health and Human Services, in consultation with the Secretary of State, to formulate a strategy for entering into agreements with foreign countries to develop and commercialize new drugs to address pandemics, 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 ``Saving Us from Pandemic Era Resistance by Building a Unified Global Strategy Act of 2021'' or the ``SUPER BUGS Act of 2021''. SEC. 2. INTERNATIONAL STRATEGY FOR DEVELOPMENT OF NEW DRUGS TO ADDRESS PANDEMICS. (a) Strategy.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of State, shall-- (A) formulate a strategy for entering into agreements with foreign countries to help to develop and commercialize (including through contracts with the private sector) new drugs to address pandemics, including antimicrobial drugs; and (B) submit such strategy to the Congress. (2) Contents.--The strategy under paragraph (1) shall-- (A) provide for the harmonization of agreements and contracts described in paragraph (1)(A); (B) allow such countries to emphasize national or regional issues of importance; and (C) provide for collaboration among such countries, so as to allocate joint or individual responsibility across such countries for the development and commercialization of particular drugs. (b) Agreements With Foreign Countries.--The Secretary of Health and Human Services, in consultation with the Secretary of State, shall seek to enter into agreements with foreign countries to implement the strategy under subsection (a). (c) Definition.--In this section, the term ``antimicrobial drug'' means-- (1) an antibiotic drug, as defined in section 201(jj) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(jj)); or (2) a biological product, as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)), that exhibits antimicrobial activity. <all>

To direct the Secretary of Health and Human Services, in consultation with the Secretary of State, to formulate a strategy for entering into agreements with foreign countries to develop and commercialize new drugs to address pandemics, 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 ``Saving Us from Pandemic Era Resistance by Building a Unified Global Strategy Act of 2021'' or the ``SUPER BUGS Act of 2021''. SEC. 2. INTERNATIONAL STRATEGY FOR DEVELOPMENT OF NEW DRUGS TO ADDRESS PANDEMICS. (a) Strategy.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of State, shall-- (A) formulate a strategy for entering into agreements with foreign countries to help to develop and commercialize (including through contracts with the private sector) new drugs to address pandemics, including antimicrobial drugs; and (B) submit such strategy to the Congress. (2) Contents.--The strategy under paragraph (1) shall-- (A) provide for the harmonization of agreements and contracts described in paragraph (1)(A); (B) allow such countries to emphasize national or regional issues of importance; and (C) provide for collaboration among such countries, so as to allocate joint or individual responsibility across such countries for the development and commercialization of particular drugs. (b) Agreements With Foreign Countries.--The Secretary of Health and Human Services, in consultation with the Secretary of State, shall seek to enter into agreements with foreign countries to implement the strategy under subsection (a). (c) Definition.--In this section, the term ``antimicrobial drug'' means-- (1) an antibiotic drug, as defined in section 201(jj) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(jj)); or (2) a biological product, as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)), that exhibits antimicrobial activity. <all>

To direct the Secretary of Health and Human Services, in consultation with the Secretary of State, to formulate a strategy for entering into agreements with foreign countries to develop and commercialize new drugs to address pandemics, 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 ``Saving Us from Pandemic Era Resistance by Building a Unified Global Strategy Act of 2021'' or the ``SUPER BUGS Act of 2021''. SEC. 2. INTERNATIONAL STRATEGY FOR DEVELOPMENT OF NEW DRUGS TO ADDRESS PANDEMICS. (a) Strategy.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of State, shall-- (A) formulate a strategy for entering into agreements with foreign countries to help to develop and commercialize (including through contracts with the private sector) new drugs to address pandemics, including antimicrobial drugs; and (B) submit such strategy to the Congress. (2) Contents.--The strategy under paragraph (1) shall-- (A) provide for the harmonization of agreements and contracts described in paragraph (1)(A); (B) allow such countries to emphasize national or regional issues of importance; and (C) provide for collaboration among such countries, so as to allocate joint or individual responsibility across such countries for the development and commercialization of particular drugs. (b) Agreements With Foreign Countries.--The Secretary of Health and Human Services, in consultation with the Secretary of State, shall seek to enter into agreements with foreign countries to implement the strategy under subsection (a). (c) Definition.--In this section, the term ``antimicrobial drug'' means-- (1) an antibiotic drug, as defined in section 201(jj) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(jj)); or (2) a biological product, as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)), that exhibits antimicrobial activity. <all>

S.2675

Commerce

Continuing Emergency Support for Restaurants Act This bill provides an additional $48 billion in FY2021 for the Restaurant Revitalization Fund and designates specified amounts for fund administrative expenses and audits of grants made from the fund. The fund was established in response to COVID-19 to make grants to eligible food and beverage purveyors for covering specified costs such as payroll, operational expenses, and paid sick leave. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits.

To amend the American Rescue Plan Act of 2021 to increase appropriations to Restaurant Revitalization Fund, 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 ``Continuing Emergency Support for Restaurants Act''. SEC. 2. APPROPRIATIONS FOR THE RESTAURANT REVITALIZATION FUND. (a) In General.--Section 5003(b)(2) of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c(b)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$28,600,000,000'' and inserting ``$76,600,000,000''; and (B) by inserting ``, of which $280,000,000 shall be for administrative expenses to carry out this section and $20,000,000 shall be for the Inspector General of the Small Business Administration for audits of grants under this section to investigate fraud and to identify ineligible recipients, and for other necessary expenses of the Office of the Inspector General'' before the period at the end; and (2) in subparagraph (B)(i)(II), by striking ``$23,600,000,000'' and inserting ``$71,300,000,000''. (b) Emergency Designation.-- (1) In general.--The amounts provided under the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. <all>

Continuing Emergency Support for Restaurants Act

A bill to amend the American Rescue Plan Act of 2021 to increase appropriations to Restaurant Revitalization Fund, and for other purposes.

Continuing Emergency Support for Restaurants Act

Sen. Cardin, Benjamin L.

D

MD

This bill provides an additional $48 billion in FY2021 for the Restaurant Revitalization Fund and designates specified amounts for fund administrative expenses and audits of grants made from the fund. The fund was established in response to COVID-19 to make grants to eligible food and beverage purveyors for covering specified costs such as payroll, operational expenses, and paid sick leave. The bill designates the funding as emergency spending, which is exempt from discretionary spending limits.

To amend the American Rescue Plan Act of 2021 to increase appropriations to Restaurant Revitalization Fund, 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 ``Continuing Emergency Support for Restaurants Act''. SEC. 2. APPROPRIATIONS FOR THE RESTAURANT REVITALIZATION FUND. (a) In General.--Section 5003(b)(2) of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c(b)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$28,600,000,000'' and inserting ``$76,600,000,000''; and (B) by inserting ``, of which $280,000,000 shall be for administrative expenses to carry out this section and $20,000,000 shall be for the Inspector General of the Small Business Administration for audits of grants under this section to investigate fraud and to identify ineligible recipients, and for other necessary expenses of the Office of the Inspector General'' before the period at the end; and (2) in subparagraph (B)(i)(II), by striking ``$23,600,000,000'' and inserting ``$71,300,000,000''. (b) Emergency Designation.-- (1) In general.--The amounts provided under the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. <all>

To amend the American Rescue Plan Act of 2021 to increase appropriations to Restaurant Revitalization Fund, 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 ``Continuing Emergency Support for Restaurants Act''. SEC. 2. APPROPRIATIONS FOR THE RESTAURANT REVITALIZATION FUND. (a) In General.--Section 5003(b)(2) of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c(b)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$28,600,000,000'' and inserting ``$76,600,000,000''; and (B) by inserting ``, of which $280,000,000 shall be for administrative expenses to carry out this section and $20,000,000 shall be for the Inspector General of the Small Business Administration for audits of grants under this section to investigate fraud and to identify ineligible recipients, and for other necessary expenses of the Office of the Inspector General'' before the period at the end; and (2) in subparagraph (B)(i)(II), by striking ``$23,600,000,000'' and inserting ``$71,300,000,000''. (b) Emergency Designation.-- (1) In general.--The amounts provided under the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. <all>

To amend the American Rescue Plan Act of 2021 to increase appropriations to Restaurant Revitalization Fund, 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 ``Continuing Emergency Support for Restaurants Act''. SEC. 2. APPROPRIATIONS FOR THE RESTAURANT REVITALIZATION FUND. (a) In General.--Section 5003(b)(2) of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c(b)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$28,600,000,000'' and inserting ``$76,600,000,000''; and (B) by inserting ``, of which $280,000,000 shall be for administrative expenses to carry out this section and $20,000,000 shall be for the Inspector General of the Small Business Administration for audits of grants under this section to investigate fraud and to identify ineligible recipients, and for other necessary expenses of the Office of the Inspector General'' before the period at the end; and (2) in subparagraph (B)(i)(II), by striking ``$23,600,000,000'' and inserting ``$71,300,000,000''. (b) Emergency Designation.-- (1) In general.--The amounts provided under the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. <all>

To amend the American Rescue Plan Act of 2021 to increase appropriations to Restaurant Revitalization Fund, 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 ``Continuing Emergency Support for Restaurants Act''. SEC. 2. APPROPRIATIONS FOR THE RESTAURANT REVITALIZATION FUND. (a) In General.--Section 5003(b)(2) of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c(b)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``$28,600,000,000'' and inserting ``$76,600,000,000''; and (B) by inserting ``, of which $280,000,000 shall be for administrative expenses to carry out this section and $20,000,000 shall be for the Inspector General of the Small Business Administration for audits of grants under this section to investigate fraud and to identify ineligible recipients, and for other necessary expenses of the Office of the Inspector General'' before the period at the end; and (2) in subparagraph (B)(i)(II), by striking ``$23,600,000,000'' and inserting ``$71,300,000,000''. (b) Emergency Designation.-- (1) In general.--The amounts provided under the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As- You-Go Act of 2010 (2 U.S.C. 933(g)). (2) Designation in senate.--In the Senate, the amendments made by subsection (a) are designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. <all>

H.R.5168

Immigration

Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021 or the WELCOMED Act of 2021 This bill makes certain individuals from Afghanistan eligible for any benefit that is available to a refugee, such as resettlement assistance. Specifically, this bill shall apply to a national of Afghanistan (or an individual with no nationality who last habitually resided in Afghanistan) who is temporarily paroled into the United States for urgent humanitarian reasons or significant public benefit during the four-year period beginning on July 1, 2021.

To authorize resettlement benefits for certain nationals of Afghanistan, 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 ``Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021'' or the ``WELCOMED Act of 2021''. SEC. 2. RESETTLEMENT BENEFITS FOR CERTAIN AFGHAN NATIONALS. (a) Resettlement Support Authorized.--Not withstanding any other provision of law, an Afghan entrant is eligible for any form of resettlement assistance, entitlement program, or other benefit (including services for unaccompanied refugee minors) that is available to a refugee (as such term is defined in section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)) under Federal law to the same extent, and for the same period of time as any such assistance, program, or benefit is available to a refugee. (b) Definition.--In this Act, the term ``Afghan entrant'' means a national of Afghanistan (or in the case of an alien having no nationality, a person who last habitually resided in Afghanistan) who was initially paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182) during the period beginning on July 1, 2021, and ending on July 1, 2025. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary. <all>

WELCOMED Act of 2021

To authorize resettlement benefits for certain nationals of Afghanistan, and for other purposes.

WELCOMED Act of 2021 Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021

Rep. Moulton, Seth

D

MA

This bill makes certain individuals from Afghanistan eligible for any benefit that is available to a refugee, such as resettlement assistance. Specifically, this bill shall apply to a national of Afghanistan (or an individual with no nationality who last habitually resided in Afghanistan) who is temporarily paroled into the United States for urgent humanitarian reasons or significant public benefit during the four-year period beginning on July 1, 2021.

To authorize resettlement benefits for certain nationals of Afghanistan, 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 ``Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021'' or the ``WELCOMED Act of 2021''. SEC. 2. RESETTLEMENT BENEFITS FOR CERTAIN AFGHAN NATIONALS. (a) Resettlement Support Authorized.--Not withstanding any other provision of law, an Afghan entrant is eligible for any form of resettlement assistance, entitlement program, or other benefit (including services for unaccompanied refugee minors) that is available to a refugee (as such term is defined in section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)) under Federal law to the same extent, and for the same period of time as any such assistance, program, or benefit is available to a refugee. (b) Definition.--In this Act, the term ``Afghan entrant'' means a national of Afghanistan (or in the case of an alien having no nationality, a person who last habitually resided in Afghanistan) who was initially paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182) during the period beginning on July 1, 2021, and ending on July 1, 2025. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary. <all>

To authorize resettlement benefits for certain nationals of Afghanistan, 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 ``Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021'' or the ``WELCOMED Act of 2021''. SEC. 2. RESETTLEMENT BENEFITS FOR CERTAIN AFGHAN NATIONALS. (a) Resettlement Support Authorized.--Not withstanding any other provision of law, an Afghan entrant is eligible for any form of resettlement assistance, entitlement program, or other benefit (including services for unaccompanied refugee minors) that is available to a refugee (as such term is defined in section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)) under Federal law to the same extent, and for the same period of time as any such assistance, program, or benefit is available to a refugee. (b) Definition.--In this Act, the term ``Afghan entrant'' means a national of Afghanistan (or in the case of an alien having no nationality, a person who last habitually resided in Afghanistan) who was initially paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182) during the period beginning on July 1, 2021, and ending on July 1, 2025. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary. <all>

To authorize resettlement benefits for certain nationals of Afghanistan, 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 ``Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021'' or the ``WELCOMED Act of 2021''. SEC. 2. RESETTLEMENT BENEFITS FOR CERTAIN AFGHAN NATIONALS. (a) Resettlement Support Authorized.--Not withstanding any other provision of law, an Afghan entrant is eligible for any form of resettlement assistance, entitlement program, or other benefit (including services for unaccompanied refugee minors) that is available to a refugee (as such term is defined in section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)) under Federal law to the same extent, and for the same period of time as any such assistance, program, or benefit is available to a refugee. (b) Definition.--In this Act, the term ``Afghan entrant'' means a national of Afghanistan (or in the case of an alien having no nationality, a person who last habitually resided in Afghanistan) who was initially paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182) during the period beginning on July 1, 2021, and ending on July 1, 2025. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary. <all>

To authorize resettlement benefits for certain nationals of Afghanistan, 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 ``Welcoming Evacuees Coming from Overseas to Mitigate Effects of Displacement Act of 2021'' or the ``WELCOMED Act of 2021''. SEC. 2. RESETTLEMENT BENEFITS FOR CERTAIN AFGHAN NATIONALS. (a) Resettlement Support Authorized.--Not withstanding any other provision of law, an Afghan entrant is eligible for any form of resettlement assistance, entitlement program, or other benefit (including services for unaccompanied refugee minors) that is available to a refugee (as such term is defined in section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)) under Federal law to the same extent, and for the same period of time as any such assistance, program, or benefit is available to a refugee. (b) Definition.--In this Act, the term ``Afghan entrant'' means a national of Afghanistan (or in the case of an alien having no nationality, a person who last habitually resided in Afghanistan) who was initially paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182) during the period beginning on July 1, 2021, and ending on July 1, 2025. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary. <all>

S.1801

Crime and Law Enforcement

Crime Gun Tracing Modernization Act of 2021 This bill requires the National Tracing Center within the Bureau of Alcohol, Tobacco, Firearms and Explosives to establish and maintain an electronic, searchable database of records related to certain firearms transactions.

To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Gun Tracing Modernization Act of 2021''. SEC. 2. ELECTRONIC, SEARCHABLE DATABASES. Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8)(A) In this paragraph, the term `foreign intelligence information' has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). ``(B) Not later than 3 years after the date of enactment of this paragraph, the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall establish and maintain electronic, searchable databases of all records within its possession of the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by persons licensed under this chapter. ``(C) Each licensee under this chapter may provide the National Tracing Center with electronic access, consistent with the requirements of this paragraph, to all records within the licensee's possession that are required to be kept under this chapter. ``(D) A licensee may voluntarily relinquish possession of any non- electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives if-- ``(i) 10 years have elapsed from the date of the firearm transaction; or ``(ii) in the case of paper acquisition and disposition books, 10 years have elapsed without any open disposition entries and without any dispositions recorded in that record. ``(E) The National Tracing Center-- ``(i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and ``(ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. ``(F) The National Tracing Center may query, search, or otherwise access the electronic databases described in this paragraph for only the following purposes: ``(i) To obtain information related to a bona fide law enforcement investigation by any Federal, State, local, tribal, or foreign law enforcement agency. ``(ii) To obtain information that is-- ``(I) foreign intelligence information; or ``(II) necessary to understand, or assess the importance of, foreign intelligence information. ``(iii) To obtain information necessary during a compliance inspection of an active licensee who has submitted non- electronic records in accordance with subparagraph (D). ``(G) The databases established under this paragraph-- ``(i) shall be electronically searchable by date of acquisition or disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; ``(ii) shall not be electronically searchable by the personally identifiable information of any individual; and ``(iii) shall include in search results the entire contents of the relevant records kept by the licensee. ``(H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or the Department of Justice.''. <all>

Crime Gun Tracing Modernization Act of 2021

A bill to amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms.

Crime Gun Tracing Modernization Act of 2021

Sen. Leahy, Patrick J.

D

VT

This bill requires the National Tracing Center within the Bureau of Alcohol, Tobacco, Firearms and Explosives to establish and maintain an electronic, searchable database of records related to certain firearms transactions.

To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Gun Tracing Modernization Act of 2021''. SEC. 2. ELECTRONIC, SEARCHABLE DATABASES. Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8)(A) In this paragraph, the term `foreign intelligence information' has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). ``(D) A licensee may voluntarily relinquish possession of any non- electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives if-- ``(i) 10 years have elapsed from the date of the firearm transaction; or ``(ii) in the case of paper acquisition and disposition books, 10 years have elapsed without any open disposition entries and without any dispositions recorded in that record. ``(E) The National Tracing Center-- ``(i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and ``(ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. ``(F) The National Tracing Center may query, search, or otherwise access the electronic databases described in this paragraph for only the following purposes: ``(i) To obtain information related to a bona fide law enforcement investigation by any Federal, State, local, tribal, or foreign law enforcement agency. ``(ii) To obtain information that is-- ``(I) foreign intelligence information; or ``(II) necessary to understand, or assess the importance of, foreign intelligence information. ``(iii) To obtain information necessary during a compliance inspection of an active licensee who has submitted non- electronic records in accordance with subparagraph (D). ``(G) The databases established under this paragraph-- ``(i) shall be electronically searchable by date of acquisition or disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; ``(ii) shall not be electronically searchable by the personally identifiable information of any individual; and ``(iii) shall include in search results the entire contents of the relevant records kept by the licensee. ``(H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or the Department of Justice.''.

To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Gun Tracing Modernization Act of 2021''. SEC. 2. ELECTRONIC, SEARCHABLE DATABASES. 1801). ``(D) A licensee may voluntarily relinquish possession of any non- electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives if-- ``(i) 10 years have elapsed from the date of the firearm transaction; or ``(ii) in the case of paper acquisition and disposition books, 10 years have elapsed without any open disposition entries and without any dispositions recorded in that record. ``(E) The National Tracing Center-- ``(i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and ``(ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. ``(ii) To obtain information that is-- ``(I) foreign intelligence information; or ``(II) necessary to understand, or assess the importance of, foreign intelligence information. ``(G) The databases established under this paragraph-- ``(i) shall be electronically searchable by date of acquisition or disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; ``(ii) shall not be electronically searchable by the personally identifiable information of any individual; and ``(iii) shall include in search results the entire contents of the relevant records kept by the licensee. ``(H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or the Department of Justice.''.

To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Gun Tracing Modernization Act of 2021''. SEC. 2. ELECTRONIC, SEARCHABLE DATABASES. Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8)(A) In this paragraph, the term `foreign intelligence information' has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). ``(B) Not later than 3 years after the date of enactment of this paragraph, the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall establish and maintain electronic, searchable databases of all records within its possession of the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by persons licensed under this chapter. ``(C) Each licensee under this chapter may provide the National Tracing Center with electronic access, consistent with the requirements of this paragraph, to all records within the licensee's possession that are required to be kept under this chapter. ``(D) A licensee may voluntarily relinquish possession of any non- electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives if-- ``(i) 10 years have elapsed from the date of the firearm transaction; or ``(ii) in the case of paper acquisition and disposition books, 10 years have elapsed without any open disposition entries and without any dispositions recorded in that record. ``(E) The National Tracing Center-- ``(i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and ``(ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. ``(F) The National Tracing Center may query, search, or otherwise access the electronic databases described in this paragraph for only the following purposes: ``(i) To obtain information related to a bona fide law enforcement investigation by any Federal, State, local, tribal, or foreign law enforcement agency. ``(ii) To obtain information that is-- ``(I) foreign intelligence information; or ``(II) necessary to understand, or assess the importance of, foreign intelligence information. ``(iii) To obtain information necessary during a compliance inspection of an active licensee who has submitted non- electronic records in accordance with subparagraph (D). ``(G) The databases established under this paragraph-- ``(i) shall be electronically searchable by date of acquisition or disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; ``(ii) shall not be electronically searchable by the personally identifiable information of any individual; and ``(iii) shall include in search results the entire contents of the relevant records kept by the licensee. ``(H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or the Department of Justice.''. <all>

To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Gun Tracing Modernization Act of 2021''. SEC. 2. ELECTRONIC, SEARCHABLE DATABASES. Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8)(A) In this paragraph, the term `foreign intelligence information' has the meaning given the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). ``(B) Not later than 3 years after the date of enactment of this paragraph, the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall establish and maintain electronic, searchable databases of all records within its possession of the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives by persons licensed under this chapter. ``(C) Each licensee under this chapter may provide the National Tracing Center with electronic access, consistent with the requirements of this paragraph, to all records within the licensee's possession that are required to be kept under this chapter. ``(D) A licensee may voluntarily relinquish possession of any non- electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms, and Explosives if-- ``(i) 10 years have elapsed from the date of the firearm transaction; or ``(ii) in the case of paper acquisition and disposition books, 10 years have elapsed without any open disposition entries and without any dispositions recorded in that record. ``(E) The National Tracing Center-- ``(i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and ``(ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. ``(F) The National Tracing Center may query, search, or otherwise access the electronic databases described in this paragraph for only the following purposes: ``(i) To obtain information related to a bona fide law enforcement investigation by any Federal, State, local, tribal, or foreign law enforcement agency. ``(ii) To obtain information that is-- ``(I) foreign intelligence information; or ``(II) necessary to understand, or assess the importance of, foreign intelligence information. ``(iii) To obtain information necessary during a compliance inspection of an active licensee who has submitted non- electronic records in accordance with subparagraph (D). ``(G) The databases established under this paragraph-- ``(i) shall be electronically searchable by date of acquisition or disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; ``(ii) shall not be electronically searchable by the personally identifiable information of any individual; and ``(iii) shall include in search results the entire contents of the relevant records kept by the licensee. ``(H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, or the Department of Justice.''. <all>

H.R.3488

Families

John Lewis Every Child Deserves a Family Act This bill prohibits discrimination on the basis of sexual orientation, gender identity, marital status, or religion in the provision of child welfare programs and services by entities receiving federal funding. The Department of Health and Human Services (HHS) must provide technical assistance to help states follow this requirement, including (1) guidance for bringing state laws into compliance, (2) developing training to increase cultural competency related to social identity, and (3) training for judges and attorneys involved in child welfare cases, among other supports. Additionally, HHS must establish the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services to provide training, technical assistance, and guidance to applicable state and local agencies and service providers. Further, the Religious Freedom Restoration Act may not be the basis for challenging the application or enforcement of this bill. The Government Accountability Office must study and report on states' compliance with the requirements of the bill no later than three years after enactment.

To prohibit discrimination on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child welfare services; to improve safety, well-being, and permanency for lesbian, gay, bisexual, transgender, and queer/questioning foster youth, 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 ``John Lewis Every Child Deserves a Family Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Every child or youth unable to live with their family of origin is entitled to a supportive and affirming foster care placement. Federal law requires, and child welfare experts recommend, that children and youth be placed with a family or in the most family-like setting available. (2) Thousands of children and youth lack a stable, safe, and loving temporary or permanent home and have been placed in a congregate care setting, which is associated with more placements, poorer educational outcomes, and greater risk of further trauma. More homes are needed to accommodate the growing number of children and youth involved with child welfare services. (3) On the last day of fiscal year 2019, there were an estimated 424,000 children and youth in the United States foster care system, and 122,000 were waiting to be adopted. Tragically, approximately 20,000 ``aged out'' of the child welfare system without a forever family, placing them at higher risk of negative outcomes including poverty, homelessness, incarceration, and early parenthood. (4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) protects people from discrimination based on race, color, or national origin in programs, activities, and services administered or performed by child welfare agencies. Eliminating discrimination in child welfare based on religion, sex (including sexual orientation and gender identity), and marital status would increase the number and diversity of foster and adoptive homes able to meet the individual needs of children and youth removed from their homes. (5) Lesbian, gay, bisexual, transgender, and queer/ questioning (referred to in this Act as ``LGBTQ'') youth are overrepresented in the foster care system by at least a factor of 2, comprising at least 30 percent of children and youth in foster care; these numbers are higher for transgender and nonbinary youth compared to their cisgender LGBQ counterparts. (A) While some LGBTQ youth enter foster care for similar reasons as non-LGBTQ youth, the two most common reasons for LGBTQ youth are high rates of physical abuse and conflict with parents. (B) LGBTQ foster youth report twice the rate of poor treatment while in care experienced by foster youth who do not identify as LGBTQ and are more likely to experience discrimination, harassment, and violence in the child welfare system than their LGBTQ peers not in the child welfare system. (C) Because of high levels of bias, LGBTQ foster youth have a higher average number of placements and higher likelihood of living in a group home than their non-LGBTQ peers, negatively affecting mental health outcomes and long-term prospects. (D) Approximately 28 percent of homeless youth with histories of time in foster care identified as LGBTQ and were significantly more likely to experience 7 of 8 adverse events compared to their peers with no foster care history. (E) LGBTQ youth in foster care had nearly 3 times greater odds of reporting a past-year suicide attempt compared to LGBTQ youth who were never in foster care (35% versus 13%); these numbers were even higher for LGBTQ foster youth of color (38%) and highest for transgender and non-binary foster youth (45%). (F) LGBTQ youth who had been in foster care had over 3 times greater odds of being kicked out, abandoned, or running away due to treatment based on their LGBTQ identity compared to those who were never in foster care (27% versus 8%); these numbers were higher for LGBTQ foster youth of color (30%) and highest for transgender and non-binary foster youth (40%). (6) ``Conversion therapy'' is a form of discrimination that harms LGBTQ people. It undermines an individual's sense of self-worth, increases suicide ideation and substance abuse, exacerbates family conflict, and contributes to second-class status. No scientifically valid evidence supports this discredited practice, which is prohibited by many States and foreign nations. Approximately 350,000 LGBTQ adults were subjected to so-called ``conversion therapy'' as adolescents, and an estimated 16,000 LGBTQ youth ages 13 to 17 will be subjected to it by a licensed health care professional before age 18. (7) Many youth, especially LGBTQ youth, involved with child welfare services identify with a cross-section of marginalized communities. Youth of color are overrepresented in the foster care system, and the majority of LGBTQ foster youth are youth of color. Children and youth with multiple marginalized identities often experience more stress and trauma than other youth, compounding the negative effects of discrimination and increasing the likelihood of negative outcomes. (8) Prospective parents who experience the heartbreak and dignitary harm of discrimination based on religion, sex (including sexual orientation and gender identity), or marital status may not be able or willing to apply at another agency, resulting in fewer available homes, and knowing that discrimination exists may deter them from even attempting to foster or adopt. (9) Professional organizations that serve children in the fields of medicine, psychology, law, and child welfare oppose discrimination against prospective parents in adoption and foster care. (10) Religious organizations play a critical role in providing child welfare services. Most welcome all children, youth, and families and affirm a diversity of religions and faiths. State assessments, planning, and counseling should connect children and youth for whom spirituality and religion are important with affirming, faith-based resources consistent with the faith of the child or youth. (11) Child welfare agencies that refuse to serve same-sex couples and LGBTQ individuals reduce the pool of qualified and available homes for children and youth who need placement on a temporary or permanent basis. (A) Same-sex couples are 7 times more likely to foster and adopt than their different-sex counterparts. (B) Same-sex couples raising adopted children tend to be older than, just as educated as, and have access to the same economic resources as other adoptive parents. (C) Research shows that sexual orientation is a nondeterminative factor in parental success and that children with same-sex parents have the same advantages and expectations for health, social, and psychological development as children whose parents are different- sex. (D) Discrimination against qualified prospective foster and adoptive parents for non-merit related reasons denies religious minority, LGBTQ, and unmarried relatives the opportunity to become foster and adoptive parents for their own kin in care, including grandchildren. (12) LGBTQ families of origin are at risk for discrimination in child welfare referrals, investigations, removals, reunification, kinship placements, and other case management services. A study of low-income African-American mothers showed that those who identified as lesbian or bisexual were four times more likely than their non-LGBTQ counterparts to lose custody of their children in child welfare proceedings. LGBTQ-positive services are necessary to shield families and protect parents' rights to reunification. (13) Single people are more likely than couples to experience challenges in adopting due to biases that persist against single-parent adoption. During fiscal year 2019, 29 percent of adoptions from foster care were completed by unmarried single people, including adoptions by 2,200 single men and more than 16,800 single women. Studies show that the outcomes for children adopted and raised by single parents are just as good as, if not better than, outcomes for children adopted by couples. (14) More nationwide data about the experiences of LGBTQ children and youth involved with child welfare services is needed to understand fully the extent and impact of discrimination and ensure accountability. States must report and researchers must collect this sensitive data in an ethical, affirming, and non-intrusive manner, with appropriate safeguards to protect respondents. (b) Purpose.--The purposes of this Act are-- (1) to prohibit discrimination on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child welfare services that receive Federal funds; and (2) to improve safety, well-being, and permanency for LGBTQ children and youth involved with child welfare services. SEC. 3. EVERY CHILD DESERVES A FAMILY. (a) Prohibition.--No child or youth involved with child welfare services, family, or individual shall, on the grounds of religion, sex (including sexual orientation and gender identity), or marital status, be excluded from participation in, denied the benefits of, or subjected to discrimination in the administration or provision of child welfare programs and services by a covered entity receiving Federal financial assistance under part A, B, or E of title IV; title XIX; or title XX of the Social Security Act. (b) Private Right of Action.--Any individual who is aggrieved by a violation of this Act may bring a civil action seeking relief in an appropriate United States district court. The court shall award a plaintiff prevailing in such an action all appropriate relief, including injunctive, declaratory, and other equitable relief necessary to carry out this Act, attorneys' fees, and such other relief as the court deems appropriate. (c) Federal Guidance.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall publish and disseminate guidance with respect to compliance with this Act. (d) Technical Assistance.--In order to ensure compliance with and understanding of the legal, practice, and cultural changes required by this Act, the Secretary shall provide technical assistance to all covered entities, including-- (1) identifying State laws and regulations inconsistent with this Act, and providing guidance and training to ensure the State laws and regulations are brought into compliance with this Act by the applicable compliance deadline in effect under subsection (h); (2) identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance with this Act by the applicable compliance deadline; (3) providing guidance in expansion of recruitment efforts to ensure consideration of all prospective adoptive and foster parents regardless of the religion, sex (including sexual orientation and gender identity), or marital status of the prospective parent; (4) creating comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and (5) training judges and attorneys involved in foster care, guardianship, and adoption cases on the findings and purposes of this Act. (e) Service Delivery and Training.-- (1) In general.--A covered entity shall provide service delivery to children and youth involved with child welfare services, families, and adults, and staff training, that comprehensively addresses the individual strengths and needs of children and youth involved with child welfare services, as well as be language appropriate, gender appropriate, and culturally sensitive and respectful of the complex social identities of the children and youth, families, and adults currently or prospectively participating in or receiving child welfare services. (2) Social identity.--In this subsection, the term ``social identity'' includes an individual's race, ethnicity, nationality, age, religion (including spirituality), sex (including gender identity and sexual orientation), socioeconomic status, physical or cognitive ability, language, beliefs, values, behavior patterns, and customs. (f) Data Collection.--Using developmentally appropriate best practices, the Secretary shall collect data through the Adoption and Foster Care Analysis and Reporting System on-- (1) the sexual orientation and gender identity of children and youth involved with child welfare services and foster and adoptive parents; and (2) whether family conflict related to the sexual orientation or gender identity of a child or youth was a factor in the removal of the child or youth from the family. (g) National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved With Child Welfare Services.-- (1) In general.--The Secretary shall establish and maintain the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services that will promote well-being, safety, permanency, stability, and family placement for LGBTQ children and youth involved with child welfare services, through training, technical assistance, actions, and guidance that-- (A) increases LGBTQ cultural competency among the staff of covered entities, and foster, adoptive, and relative parents, guardians, and caregivers; (B) promotes the provision of child welfare services that address the specific needs of LGBTQ children and youth involved with child welfare services and their families; (C) promotes effective and responsible collection and management of data on the sexual orientation and gender identity of children and youth in the child welfare system, with appropriate safeguards to protect the data; (D) identifies and promotes promising practices and evidence-based models of engagement and appropriate collective and individual services and interventions that can be linked to improved outcomes for LGBTQ children and youth in the child welfare system; (E) endorses best practices for human resource activities of covered entities, including in hiring, staff development, and implementing a system of accountability to carry out those best practices; and (F) initiates other actions that improve safety, well-being, placement stability, and permanency outcomes for LGBTQ children and youth involved with child welfare services at the State and local level. (2) Activities.--The Secretary shall carry out the collection and analysis of data and the dissemination of research to carry out this subsection. (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to establish and maintain the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services and carry out the activities described in this subsection. (h) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), a covered entity shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. (2) Authority to extend deadline.--If a State demonstrates to the satisfaction of the Secretary that it is necessary to amend State law in order to change a particular practice that is inconsistent with this Act, the Secretary may extend the compliance date for the State and any covered entities in the State a reasonable number of days after the close of the first State legislative session beginning after the date the guidance referred to in subsection (c) is published. (3) Authority to withhold funds.--If the Secretary finds that a covered entity has failed to comply with this Act, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act, to the extent determined by the Secretary. (i) GAO Study.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have-- (A) eliminated all policies, practices, or laws that permit a covered entity to violate subsection (a); (B) provided necessary training and technical support to covered entities to ensure all services to children and youth involved with child welfare services are carried out in a non-discriminatory, affirming, safe, and culturally competent manner; (C) collected data necessary to accomplishing the purposes of this Act, and ensured that the data is appropriately safeguarded, including data related to-- (i) the sexual orientation and gender identity of children and youth involved with child welfare services; (ii) the permanency and placement outcomes and rates for those children and youth, as compared to their non-LGBTQ peers; (iii) the rates at which those children and youth are placed in family homes as compared to congregate or group homes; and (iv) the sexual orientation, gender identity, and marital status of foster and adoptive parents, as well as the placement rates and wait periods for those foster and adoptive parents; and (D) ensured that covered entities-- (i) are in compliance with this Act; and (ii) have implemented procedures for children and youth involved with child welfare services, or individuals or families participating in, or seeking to participate in, child welfare services, to report violations of this Act. (2) Report to the congress.--Not later than 6 months after completing the study required by paragraph (1), the Comptroller General shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report that contains the results of the study. (j) Relation to Other Laws.-- (1) Rule of construction.--Nothing in this Act shall be construed to invalidate or limit rights, remedies, or legal standards under title VI of the Civil Rights Act of 1964. (2) Certain 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 Act, or provide a basis for challenging the application or enforcement of this Act. (k) Definitions.--In this section: (1) Child or youth involved with child welfare services.-- The term ``child or youth involved with child welfare services'' means an individual, aged 23 or younger, who participates in child welfare programs or services that receive Federal financial assistance under part A, B, or E of title IV; title XIX; or title XX of the Social Security Act. (2) Conversion therapy.-- (A) In general.--The term ``conversion therapy'' means a form of discrimination that includes any practice or treatment which seeks to change the sexual orientation or gender identity of an individual, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. (B) Exclusions.--The term ``conversion therapy'' does not include counseling that provides assistance to an individual undergoing gender transition, or counseling that provides acceptance, support, and understanding of an individual or facilitates an individual with coping, social support, and identity exploration and development, including sexual orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices. (3) Covered entity.--The term ``covered entity'' means an entity that-- (A) receives Federal financial assistance under part A, B, or E of title IV; title XIX; or title XX of the Social Security Act; and (B) is involved in the administration or provision of child welfare programs or services. (4) Gender identity.--The term ``gender identity'' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the designated sex of the individual at birth. (5) Religion; sex (including sexual orientation and gender identity), or marital status.--The term ``religion, sex (including sexual orientation and gender identity), or marital status'', used with respect to an individual, includes-- (A) the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of another person with whom the individual is or has been associated; and (B) a perception or belief, even if inaccurate, concerning the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of the individual. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) 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. (8) Sexual orientation.--The term ``sexual orientation'' means homosexuality, heterosexuality, or bisexuality. (9) State.--The term ``State'' means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. <all>

John Lewis Every Child Deserves a Family Act

To prohibit discrimination on the basis of religion, sex (including sexual orientation and gender identity), and marital status in the administration and provision of child welfare services; to improve safety, well-being, and permanency for lesbian, gay, bisexual, transgender, and queer/questioning foster youth, and for other purposes.

John Lewis Every Child Deserves a Family Act

Rep. Davis, Danny K.

D

IL

This bill prohibits discrimination on the basis of sexual orientation, gender identity, marital status, or religion in the provision of child welfare programs and services by entities receiving federal funding. The Department of Health and Human Services (HHS) must provide technical assistance to help states follow this requirement, including (1) guidance for bringing state laws into compliance, (2) developing training to increase cultural competency related to social identity, and (3) training for judges and attorneys involved in child welfare cases, among other supports. Additionally, HHS must establish the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services to provide training, technical assistance, and guidance to applicable state and local agencies and service providers. Further, the Religious Freedom Restoration Act may not be the basis for challenging the application or enforcement of this bill. The Government Accountability Office must study and report on states' compliance with the requirements of the bill no later than three years after enactment.

SHORT TITLE. This Act may be cited as the ``John Lewis Every Child Deserves a Family Act''. 2. FINDINGS AND PURPOSE. More homes are needed to accommodate the growing number of children and youth involved with child welfare services. (D) Approximately 28 percent of homeless youth with histories of time in foster care identified as LGBTQ and were significantly more likely to experience 7 of 8 adverse events compared to their peers with no foster care history. (6) ``Conversion therapy'' is a form of discrimination that harms LGBTQ people. No scientifically valid evidence supports this discredited practice, which is prohibited by many States and foreign nations. Youth of color are overrepresented in the foster care system, and the majority of LGBTQ foster youth are youth of color. Studies show that the outcomes for children adopted and raised by single parents are just as good as, if not better than, outcomes for children adopted by couples. States must report and researchers must collect this sensitive data in an ethical, affirming, and non-intrusive manner, with appropriate safeguards to protect respondents. 3. (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to establish and maintain the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services and carry out the activities described in this subsection. (h) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), a covered entity shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. (3) Covered entity.--The term ``covered entity'' means an entity that-- (A) receives Federal financial assistance under part A, B, or E of title IV; title XIX; or title XX of the Social Security Act; and (B) is involved in the administration or provision of child welfare programs or services. (5) Religion; sex (including sexual orientation and gender identity), or marital status.--The term ``religion, sex (including sexual orientation and gender identity), or marital status'', used with respect to an individual, includes-- (A) the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of another person with whom the individual is or has been associated; and (B) a perception or belief, even if inaccurate, concerning the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of the individual. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (9) State.--The term ``State'' means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

SHORT TITLE. This Act may be cited as the ``John Lewis Every Child Deserves a Family Act''. 2. FINDINGS AND PURPOSE. More homes are needed to accommodate the growing number of children and youth involved with child welfare services. (6) ``Conversion therapy'' is a form of discrimination that harms LGBTQ people. Youth of color are overrepresented in the foster care system, and the majority of LGBTQ foster youth are youth of color. Studies show that the outcomes for children adopted and raised by single parents are just as good as, if not better than, outcomes for children adopted by couples. States must report and researchers must collect this sensitive data in an ethical, affirming, and non-intrusive manner, with appropriate safeguards to protect respondents. 3. (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to establish and maintain the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services and carry out the activities described in this subsection. (h) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), a covered entity shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. (5) Religion; sex (including sexual orientation and gender identity), or marital status.--The term ``religion, sex (including sexual orientation and gender identity), or marital status'', used with respect to an individual, includes-- (A) the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of another person with whom the individual is or has been associated; and (B) a perception or belief, even if inaccurate, concerning the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of the individual. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (9) State.--The term ``State'' means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

SHORT TITLE. This Act may be cited as the ``John Lewis Every Child Deserves a Family Act''. 2. FINDINGS AND PURPOSE. More homes are needed to accommodate the growing number of children and youth involved with child welfare services. (4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (D) Approximately 28 percent of homeless youth with histories of time in foster care identified as LGBTQ and were significantly more likely to experience 7 of 8 adverse events compared to their peers with no foster care history. (6) ``Conversion therapy'' is a form of discrimination that harms LGBTQ people. No scientifically valid evidence supports this discredited practice, which is prohibited by many States and foreign nations. Approximately 350,000 LGBTQ adults were subjected to so-called ``conversion therapy'' as adolescents, and an estimated 16,000 LGBTQ youth ages 13 to 17 will be subjected to it by a licensed health care professional before age 18. Youth of color are overrepresented in the foster care system, and the majority of LGBTQ foster youth are youth of color. (D) Discrimination against qualified prospective foster and adoptive parents for non-merit related reasons denies religious minority, LGBTQ, and unmarried relatives the opportunity to become foster and adoptive parents for their own kin in care, including grandchildren. Studies show that the outcomes for children adopted and raised by single parents are just as good as, if not better than, outcomes for children adopted by couples. States must report and researchers must collect this sensitive data in an ethical, affirming, and non-intrusive manner, with appropriate safeguards to protect respondents. SEC. 3. The court shall award a plaintiff prevailing in such an action all appropriate relief, including injunctive, declaratory, and other equitable relief necessary to carry out this Act, attorneys' fees, and such other relief as the court deems appropriate. (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to establish and maintain the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services and carry out the activities described in this subsection. (h) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), a covered entity shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. shall not provide a claim concerning, or a defense to a claim under, this Act, or provide a basis for challenging the application or enforcement of this Act. (3) Covered entity.--The term ``covered entity'' means an entity that-- (A) receives Federal financial assistance under part A, B, or E of title IV; title XIX; or title XX of the Social Security Act; and (B) is involved in the administration or provision of child welfare programs or services. (5) Religion; sex (including sexual orientation and gender identity), or marital status.--The term ``religion, sex (including sexual orientation and gender identity), or marital status'', used with respect to an individual, includes-- (A) the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of another person with whom the individual is or has been associated; and (B) a perception or belief, even if inaccurate, concerning the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of the individual. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (9) State.--The term ``State'' means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John Lewis Every Child Deserves a Family Act''. 2. FINDINGS AND PURPOSE. (2) Thousands of children and youth lack a stable, safe, and loving temporary or permanent home and have been placed in a congregate care setting, which is associated with more placements, poorer educational outcomes, and greater risk of further trauma. More homes are needed to accommodate the growing number of children and youth involved with child welfare services. (4) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (5) Lesbian, gay, bisexual, transgender, and queer/ questioning (referred to in this Act as ``LGBTQ'') youth are overrepresented in the foster care system by at least a factor of 2, comprising at least 30 percent of children and youth in foster care; these numbers are higher for transgender and nonbinary youth compared to their cisgender LGBQ counterparts. (D) Approximately 28 percent of homeless youth with histories of time in foster care identified as LGBTQ and were significantly more likely to experience 7 of 8 adverse events compared to their peers with no foster care history. (6) ``Conversion therapy'' is a form of discrimination that harms LGBTQ people. It undermines an individual's sense of self-worth, increases suicide ideation and substance abuse, exacerbates family conflict, and contributes to second-class status. No scientifically valid evidence supports this discredited practice, which is prohibited by many States and foreign nations. Approximately 350,000 LGBTQ adults were subjected to so-called ``conversion therapy'' as adolescents, and an estimated 16,000 LGBTQ youth ages 13 to 17 will be subjected to it by a licensed health care professional before age 18. Youth of color are overrepresented in the foster care system, and the majority of LGBTQ foster youth are youth of color. State assessments, planning, and counseling should connect children and youth for whom spirituality and religion are important with affirming, faith-based resources consistent with the faith of the child or youth. (D) Discrimination against qualified prospective foster and adoptive parents for non-merit related reasons denies religious minority, LGBTQ, and unmarried relatives the opportunity to become foster and adoptive parents for their own kin in care, including grandchildren. Studies show that the outcomes for children adopted and raised by single parents are just as good as, if not better than, outcomes for children adopted by couples. States must report and researchers must collect this sensitive data in an ethical, affirming, and non-intrusive manner, with appropriate safeguards to protect respondents. SEC. 3. The court shall award a plaintiff prevailing in such an action all appropriate relief, including injunctive, declaratory, and other equitable relief necessary to carry out this Act, attorneys' fees, and such other relief as the court deems appropriate. (d) Technical Assistance.--In order to ensure compliance with and understanding of the legal, practice, and cultural changes required by this Act, the Secretary shall provide technical assistance to all covered entities, including-- (1) identifying State laws and regulations inconsistent with this Act, and providing guidance and training to ensure the State laws and regulations are brought into compliance with this Act by the applicable compliance deadline in effect under subsection (h); (2) identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance with this Act by the applicable compliance deadline; (3) providing guidance in expansion of recruitment efforts to ensure consideration of all prospective adoptive and foster parents regardless of the religion, sex (including sexual orientation and gender identity), or marital status of the prospective parent; (4) creating comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and (5) training judges and attorneys involved in foster care, guardianship, and adoption cases on the findings and purposes of this Act. (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to establish and maintain the National Resource Center on Safety, Well-Being, Placement Stability, and Permanency for LGBTQ Children and Youth Involved with Child Welfare Services and carry out the activities described in this subsection. (h) Deadline for Compliance.-- (1) In general.--Except as provided in paragraph (2), a covered entity shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of the enactment of this Act, whichever occurs first. shall not provide a claim concerning, or a defense to a claim under, this Act, or provide a basis for challenging the application or enforcement of this Act. (3) Covered entity.--The term ``covered entity'' means an entity that-- (A) receives Federal financial assistance under part A, B, or E of title IV; title XIX; or title XX of the Social Security Act; and (B) is involved in the administration or provision of child welfare programs or services. (5) Religion; sex (including sexual orientation and gender identity), or marital status.--The term ``religion, sex (including sexual orientation and gender identity), or marital status'', used with respect to an individual, includes-- (A) the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of another person with whom the individual is or has been associated; and (B) a perception or belief, even if inaccurate, concerning the religion, sex (including sexual orientation and gender identity), or marital status, respectively, of the individual. (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (9) State.--The term ``State'' means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

H.R.6029

International Affairs

Taiwan Non-Discrimination Act of 2021 This bill requires actions to support Taiwan's participation in the International Monetary Fund (IMF). The U.S. Governor of the IMF must advocate for (1) Taiwan's admission into the IMF as a member, (2) Taiwan's participation in the IMF's regular surveillance activities relating to Taiwan's economic and financial policies, (3) employment opportunities at the IMF for Taiwan nationals, and (4) Taiwan's ability to receive IMF technical assistance and training.

To require the Secretary of the Treasury to pursue more equitable treatment of Taiwan at the international financial institutions, 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 ``Taiwan Non-Discrimination Act of 2021''. SEC. 2. FINDINGS. Congress finds as follows: (1) As enshrined in its Articles of Agreement, the International Monetary Fund (IMF) is devoted to promoting international monetary cooperation, facilitating the expansion and balanced growth of international trade, encouraging exchange stability, and avoiding competitive exchange depreciation. (2) Taiwan is the 21st largest economy in the world and the 10th largest goods trading partner of the United States. (3) Although Taiwan is not an IMF member, it is a member of the World Trade Organization, the Asian Development Bank, and the Asia-Pacific Economic Cooperation forum. (4) According to the January 2020 Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, published by the Department of the Treasury, Taiwan held $471,900,000,000 in foreign exchange reserves, more than major economies such as India, South Korea, and Brazil. (5) According to section 4(d) of the Taiwan Relations Act (Public Law 96-8), enacted on April 10, 1979, ``Nothing in this Act may be construed as a basis for supporting the exclusion or expulsion of Taiwan from continued membership in any international financial institution or any other international organization.''. (6) Taiwan held membership in the IMF for 9 years following the recognition of the People's Republic of China (PRC) by the United Nations, and 16 Taiwan staff members at the Fund were allowed to continue their employment after the PRC was seated at the IMF in 1980. As James M. Boughton has noted in his Silent Revolution: The International Monetary Fund 1979-1989, even as the PRC was seated, the United States Executive Director to the IMF, Sam Y. Cross, expressed support on behalf of the United States government for ``some kind of association between Taiwan and the Fund''. (7) On September 27, 1994, in testimony before the Senate Committee on Foreign Relations regarding the 1994 Taiwan Policy Review, then-Assistant Secretary of State for East Asian and Pacific Affairs Winston Lord stated: ``Recognizing Taiwan's important role in transnational issues, we will support its membership in organizations where statehood is not a prerequisite, and we will support opportunities for Taiwan's voice to be heard in organizations where its membership is not possible.''. (8) The Congress has repeatedly reaffirmed support for this policy, including in Public Laws 107-10, 107-158, 108-28, 108- 235, 113-17, and 114-139, and the unanimous House and Senate passage of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019. (9) In its fact sheet, entitled ``U.S. Relations with Taiwan'', published on August 31, 2018, the Department of State asserts: ``The United States supports Taiwan's membership in international organizations that do not require statehood as a condition of membership and encourages Taiwan's meaningful participation in international organizations where its membership is not possible.''. (10) According to the Articles of Agreement of the IMF, ``membership shall be open to other countries'', subject to conditions prescribed by the Board of Governors of the IMF. (11) In the IMF publication ``Membership and Nonmembership in the International Monetary Fund: A Study in International Law and Organization'', Joseph Gold, the then-General Counsel and Director of the Legal Department of the IMF, elaborated on the differences between the terms ``countries'' and ``states'', noting that ``the word `country' may have been adopted because of the absence of agreement on the definition of a `state''' and, with respect to the use of ``countries'' and applications for IMF membership, ``the absence of any adjective in the Articles emphasizes the breadth of the discretion that the Fund may exercise in admitting countries to membership''. According to Mr. Gold, ``the desire to give the Fund flexibility in dealing with applications may explain not only the absence of any adjective that qualifies `countries' but also the choice of that word itself''. (12) In his IMF study, Mr. Gold further observes, ``in the practice of the Fund the concepts of independence and sovereignty have been avoided on the whole as a mode of expressing a criterion for membership in the Fund''. He continues, ``Although the Fund usually takes into account the recognition or nonrecognition of an entity as a state, there are no rules or even informal understandings on the extent to which an applicant must have been recognized by members or other international organizations before the Fund will regard it as eligible for membership.''. In fact, when considering an application for membership where the status of an applicant may not be resolved, Mr. Gold writes ``there have been occasions on which the Fund has made a finding before decisions had been taken by the United Nations or by most members or by members with a majority of the total voting power.'' Mr. Gold concludes, ``the Fund makes its own findings on whether an applicant is a `country', and makes them solely for its own purposes.''. (13) Although not a member state of the United Nations, the Republic of Kosovo is a member of both the IMF and the World Bank, having joined both organizations on June 29, 2009. (14) On October 26, 2021, Secretary of State Antony Blinken issued a statement in support of Taiwan's ``robust, meaningful participation'' in the United Nations system, which includes the IMF, the World Bank, and other specialized United Nations agencies. Secretary of State Blinken noted, ``As the international community faces an unprecedented number of complex and global issues, it is critical for all stakeholders to help address these problems. This includes the 24 million people who live in Taiwan. Taiwan's meaningful participation in the UN system is not a political issue, but a pragmatic one.''. He continued, ``Taiwan's exclusion undermines the important work of the UN and its related bodies, all of which stand to benefit greatly from its contributions.''. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the size, significance, and connectedness of the Taiwanese economy highlight the importance of greater participation by Taiwan in the International Monetary Fund, given the purposes of the Fund articulated in its Articles of Agreement; and (2) the experience of Taiwan in developing a vibrant and advanced economy under democratic governance and the rule of law should inform the work of the international financial institutions, including through increased participation by Taiwan in the institutions. SEC. 4. SUPPORT FOR TAIWAN ADMISSION TO THE IMF. (a) In General.--The United States Governor of the International Monetary Fund (in this section referred to as the ``Fund'') shall use the voice and vote of the United States to vigorously support-- (1) the admission of Taiwan as a member of the Fund; (2) participation by Taiwan in regular surveillance activities of the Fund with respect to the economic and financial policies of Taiwan, consistent with Article IV consultation procedures of the Fund; (3) employment opportunities for Taiwan nationals, without regard to any consideration that, in the determination of the United States Governor, does not generally restrict the employment of nationals of member countries of the Fund; and (4) the ability of Taiwan to receive appropriate technical assistance and training by the Fund. (b) Waiver.--The Secretary of the Treasury may waive any requirement of subsection (a) for 1 year at a time on reporting to Congress that providing the waiver will substantially promote the objective of securing the meaningful participation of Taiwan at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act). (c) Sunset.--This section shall have no force or effect on the earlier of-- (1) the date of approval by the Board of Governors of the Fund for the admission of Taiwan as a member of the Fund; or (2) the date that is 10 years after the date of the enactment of this Act. SEC. 5. TESTIMONY REQUIREMENT. In each of the next 7 years in which the Secretary of the Treasury is required by section 1705(b) of the International Financial Institutions Act to present testimony, the Secretary shall include in the testimony a description of the efforts of the United States to support the greatest participation practicable by Taiwan at each international financial institution (as defined in section 1701(c)(2) of such Act). <all>

Taiwan Non-Discrimination Act of 2021

To require the Secretary of the Treasury to pursue more equitable treatment of Taiwan at the international financial institutions, and for other purposes.

Taiwan Non-Discrimination Act of 2021

Rep. Gonzalez, Anthony

R

OH

This bill requires actions to support Taiwan's participation in the International Monetary Fund (IMF). The U.S. Governor of the IMF must advocate for (1) Taiwan's admission into the IMF as a member, (2) Taiwan's participation in the IMF's regular surveillance activities relating to Taiwan's economic and financial policies, (3) employment opportunities at the IMF for Taiwan nationals, and (4) Taiwan's ability to receive IMF technical assistance and training.

To require the Secretary of the Treasury to pursue more equitable treatment of Taiwan at the international financial institutions, and for other purposes. SHORT TITLE. This Act may be cited as the ``Taiwan Non-Discrimination Act of 2021''. 2. FINDINGS. Congress finds as follows: (1) As enshrined in its Articles of Agreement, the International Monetary Fund (IMF) is devoted to promoting international monetary cooperation, facilitating the expansion and balanced growth of international trade, encouraging exchange stability, and avoiding competitive exchange depreciation. (2) Taiwan is the 21st largest economy in the world and the 10th largest goods trading partner of the United States. (6) Taiwan held membership in the IMF for 9 years following the recognition of the People's Republic of China (PRC) by the United Nations, and 16 Taiwan staff members at the Fund were allowed to continue their employment after the PRC was seated at the IMF in 1980. (8) The Congress has repeatedly reaffirmed support for this policy, including in Public Laws 107-10, 107-158, 108-28, 108- 235, 113-17, and 114-139, and the unanimous House and Senate passage of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019. (9) In its fact sheet, entitled ``U.S. Relations with Taiwan'', published on August 31, 2018, the Department of State asserts: ``The United States supports Taiwan's membership in international organizations that do not require statehood as a condition of membership and encourages Taiwan's meaningful participation in international organizations where its membership is not possible.''. According to Mr. Gold, ``the desire to give the Fund flexibility in dealing with applications may explain not only the absence of any adjective that qualifies `countries' but also the choice of that word itself''. Secretary of State Blinken noted, ``As the international community faces an unprecedented number of complex and global issues, it is critical for all stakeholders to help address these problems. He continued, ``Taiwan's exclusion undermines the important work of the UN and its related bodies, all of which stand to benefit greatly from its contributions.''. SENSE OF THE CONGRESS. SUPPORT FOR TAIWAN ADMISSION TO THE IMF. (a) In General.--The United States Governor of the International Monetary Fund (in this section referred to as the ``Fund'') shall use the voice and vote of the United States to vigorously support-- (1) the admission of Taiwan as a member of the Fund; (2) participation by Taiwan in regular surveillance activities of the Fund with respect to the economic and financial policies of Taiwan, consistent with Article IV consultation procedures of the Fund; (3) employment opportunities for Taiwan nationals, without regard to any consideration that, in the determination of the United States Governor, does not generally restrict the employment of nationals of member countries of the Fund; and (4) the ability of Taiwan to receive appropriate technical assistance and training by the Fund. SEC. 5. TESTIMONY REQUIREMENT.

To require the Secretary of the Treasury to pursue more equitable treatment of Taiwan at the international financial institutions, and for other purposes. This Act may be cited as the ``Taiwan Non-Discrimination Act of 2021''. 2. FINDINGS. (2) Taiwan is the 21st largest economy in the world and the 10th largest goods trading partner of the United States. (8) The Congress has repeatedly reaffirmed support for this policy, including in Public Laws 107-10, 107-158, 108-28, 108- 235, 113-17, and 114-139, and the unanimous House and Senate passage of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019. (9) In its fact sheet, entitled ``U.S. Relations with Taiwan'', published on August 31, 2018, the Department of State asserts: ``The United States supports Taiwan's membership in international organizations that do not require statehood as a condition of membership and encourages Taiwan's meaningful participation in international organizations where its membership is not possible.''. According to Mr. Gold, ``the desire to give the Fund flexibility in dealing with applications may explain not only the absence of any adjective that qualifies `countries' but also the choice of that word itself''. He continued, ``Taiwan's exclusion undermines the important work of the UN and its related bodies, all of which stand to benefit greatly from its contributions.''. SENSE OF THE CONGRESS. SUPPORT FOR TAIWAN ADMISSION TO THE IMF. (a) In General.--The United States Governor of the International Monetary Fund (in this section referred to as the ``Fund'') shall use the voice and vote of the United States to vigorously support-- (1) the admission of Taiwan as a member of the Fund; (2) participation by Taiwan in regular surveillance activities of the Fund with respect to the economic and financial policies of Taiwan, consistent with Article IV consultation procedures of the Fund; (3) employment opportunities for Taiwan nationals, without regard to any consideration that, in the determination of the United States Governor, does not generally restrict the employment of nationals of member countries of the Fund; and (4) the ability of Taiwan to receive appropriate technical assistance and training by the Fund. SEC. 5. TESTIMONY REQUIREMENT.

To require the Secretary of the Treasury to pursue more equitable treatment of Taiwan at the international financial institutions, and for other purposes. SHORT TITLE. This Act may be cited as the ``Taiwan Non-Discrimination Act of 2021''. 2. FINDINGS. Congress finds as follows: (1) As enshrined in its Articles of Agreement, the International Monetary Fund (IMF) is devoted to promoting international monetary cooperation, facilitating the expansion and balanced growth of international trade, encouraging exchange stability, and avoiding competitive exchange depreciation. (2) Taiwan is the 21st largest economy in the world and the 10th largest goods trading partner of the United States. (4) According to the January 2020 Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, published by the Department of the Treasury, Taiwan held $471,900,000,000 in foreign exchange reserves, more than major economies such as India, South Korea, and Brazil. (6) Taiwan held membership in the IMF for 9 years following the recognition of the People's Republic of China (PRC) by the United Nations, and 16 Taiwan staff members at the Fund were allowed to continue their employment after the PRC was seated at the IMF in 1980. (8) The Congress has repeatedly reaffirmed support for this policy, including in Public Laws 107-10, 107-158, 108-28, 108- 235, 113-17, and 114-139, and the unanimous House and Senate passage of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019. (9) In its fact sheet, entitled ``U.S. Relations with Taiwan'', published on August 31, 2018, the Department of State asserts: ``The United States supports Taiwan's membership in international organizations that do not require statehood as a condition of membership and encourages Taiwan's meaningful participation in international organizations where its membership is not possible.''. According to Mr. Gold, ``the desire to give the Fund flexibility in dealing with applications may explain not only the absence of any adjective that qualifies `countries' but also the choice of that word itself''. (12) In his IMF study, Mr. Gold further observes, ``in the practice of the Fund the concepts of independence and sovereignty have been avoided on the whole as a mode of expressing a criterion for membership in the Fund''. He continues, ``Although the Fund usually takes into account the recognition or nonrecognition of an entity as a state, there are no rules or even informal understandings on the extent to which an applicant must have been recognized by members or other international organizations before the Fund will regard it as eligible for membership.''. Secretary of State Blinken noted, ``As the international community faces an unprecedented number of complex and global issues, it is critical for all stakeholders to help address these problems. This includes the 24 million people who live in Taiwan. He continued, ``Taiwan's exclusion undermines the important work of the UN and its related bodies, all of which stand to benefit greatly from its contributions.''. SENSE OF THE CONGRESS. SUPPORT FOR TAIWAN ADMISSION TO THE IMF. (a) In General.--The United States Governor of the International Monetary Fund (in this section referred to as the ``Fund'') shall use the voice and vote of the United States to vigorously support-- (1) the admission of Taiwan as a member of the Fund; (2) participation by Taiwan in regular surveillance activities of the Fund with respect to the economic and financial policies of Taiwan, consistent with Article IV consultation procedures of the Fund; (3) employment opportunities for Taiwan nationals, without regard to any consideration that, in the determination of the United States Governor, does not generally restrict the employment of nationals of member countries of the Fund; and (4) the ability of Taiwan to receive appropriate technical assistance and training by the Fund. (c) Sunset.--This section shall have no force or effect on the earlier of-- (1) the date of approval by the Board of Governors of the Fund for the admission of Taiwan as a member of the Fund; or (2) the date that is 10 years after the date of the enactment of this Act. SEC. 5. TESTIMONY REQUIREMENT.

To require the Secretary of the Treasury to pursue more equitable treatment of Taiwan at the international financial institutions, and for other purposes. SHORT TITLE. This Act may be cited as the ``Taiwan Non-Discrimination Act of 2021''. 2. FINDINGS. Congress finds as follows: (1) As enshrined in its Articles of Agreement, the International Monetary Fund (IMF) is devoted to promoting international monetary cooperation, facilitating the expansion and balanced growth of international trade, encouraging exchange stability, and avoiding competitive exchange depreciation. (2) Taiwan is the 21st largest economy in the world and the 10th largest goods trading partner of the United States. (4) According to the January 2020 Report on Macroeconomic and Foreign Exchange Policies of Major Trading Partners of the United States, published by the Department of the Treasury, Taiwan held $471,900,000,000 in foreign exchange reserves, more than major economies such as India, South Korea, and Brazil. (6) Taiwan held membership in the IMF for 9 years following the recognition of the People's Republic of China (PRC) by the United Nations, and 16 Taiwan staff members at the Fund were allowed to continue their employment after the PRC was seated at the IMF in 1980. As James M. Boughton has noted in his Silent Revolution: The International Monetary Fund 1979-1989, even as the PRC was seated, the United States Executive Director to the IMF, Sam Y. Cross, expressed support on behalf of the United States government for ``some kind of association between Taiwan and the Fund''. (7) On September 27, 1994, in testimony before the Senate Committee on Foreign Relations regarding the 1994 Taiwan Policy Review, then-Assistant Secretary of State for East Asian and Pacific Affairs Winston Lord stated: ``Recognizing Taiwan's important role in transnational issues, we will support its membership in organizations where statehood is not a prerequisite, and we will support opportunities for Taiwan's voice to be heard in organizations where its membership is not possible.''. (8) The Congress has repeatedly reaffirmed support for this policy, including in Public Laws 107-10, 107-158, 108-28, 108- 235, 113-17, and 114-139, and the unanimous House and Senate passage of the Taiwan Allies International Protection and Enhancement Initiative (TAIPEI) Act of 2019. (9) In its fact sheet, entitled ``U.S. Relations with Taiwan'', published on August 31, 2018, the Department of State asserts: ``The United States supports Taiwan's membership in international organizations that do not require statehood as a condition of membership and encourages Taiwan's meaningful participation in international organizations where its membership is not possible.''. According to Mr. Gold, ``the desire to give the Fund flexibility in dealing with applications may explain not only the absence of any adjective that qualifies `countries' but also the choice of that word itself''. (12) In his IMF study, Mr. Gold further observes, ``in the practice of the Fund the concepts of independence and sovereignty have been avoided on the whole as a mode of expressing a criterion for membership in the Fund''. He continues, ``Although the Fund usually takes into account the recognition or nonrecognition of an entity as a state, there are no rules or even informal understandings on the extent to which an applicant must have been recognized by members or other international organizations before the Fund will regard it as eligible for membership.''. Mr. Gold concludes, ``the Fund makes its own findings on whether an applicant is a `country', and makes them solely for its own purposes.''. (13) Although not a member state of the United Nations, the Republic of Kosovo is a member of both the IMF and the World Bank, having joined both organizations on June 29, 2009. Secretary of State Blinken noted, ``As the international community faces an unprecedented number of complex and global issues, it is critical for all stakeholders to help address these problems. This includes the 24 million people who live in Taiwan. Taiwan's meaningful participation in the UN system is not a political issue, but a pragmatic one.''. He continued, ``Taiwan's exclusion undermines the important work of the UN and its related bodies, all of which stand to benefit greatly from its contributions.''. SENSE OF THE CONGRESS. SUPPORT FOR TAIWAN ADMISSION TO THE IMF. (a) In General.--The United States Governor of the International Monetary Fund (in this section referred to as the ``Fund'') shall use the voice and vote of the United States to vigorously support-- (1) the admission of Taiwan as a member of the Fund; (2) participation by Taiwan in regular surveillance activities of the Fund with respect to the economic and financial policies of Taiwan, consistent with Article IV consultation procedures of the Fund; (3) employment opportunities for Taiwan nationals, without regard to any consideration that, in the determination of the United States Governor, does not generally restrict the employment of nationals of member countries of the Fund; and (4) the ability of Taiwan to receive appropriate technical assistance and training by the Fund. (b) Waiver.--The Secretary of the Treasury may waive any requirement of subsection (a) for 1 year at a time on reporting to Congress that providing the waiver will substantially promote the objective of securing the meaningful participation of Taiwan at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act). (c) Sunset.--This section shall have no force or effect on the earlier of-- (1) the date of approval by the Board of Governors of the Fund for the admission of Taiwan as a member of the Fund; or (2) the date that is 10 years after the date of the enactment of this Act. SEC. 5. TESTIMONY REQUIREMENT.

H.R.4248

Labor and Employment

Workflex in the 21st Century Act This bill establishes a voluntary option under which employers who provide flexible workplace arrangement plans that include a combination of paid leave and flexible work options are exempt from certain state and local laws regarding employee benefits. A flexible workplace arrangement plan must provide all employees with a minimum amount of paid leave per year that ranges from 12 to 20 days, depending on the size of the employer and the tenure of the employee. The plan must also provide employees that meet certain service requirements with at least one of the following flexible work options: The bill also specifies various requirements for paid leave and the flexible work options.

To amend the Employee Retirement Income Security Act of 1974 to include a voluntary option for qualified flexible workplace arrangements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Workflex in the 21st Century Act''. SEC. 2. QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLAN TREATED AS WELFARE PLAN. Section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)) is amended-- (1) by striking ``or (B)'' and inserting ``(B)''; and (2) by inserting before the period at the end the following: ``, or (C) any qualified flexible workplace arrangement plan described in part 8 of subtitle B''. SEC. 3. RELATIONSHIP TO OTHER LAWS. Section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144) is amended by adding at the end the following: ``(f)(1) Subsection (a) shall apply with respect to any and all State laws insofar as they may now or hereafter relate to any qualified flexible workplace arrangement plan described in part 8, except that in the case of workflex options offered under such a plan-- ``(A) except as provided in subparagraph (B), if only certain employees are eligible to enroll in a particular workflex option under the plan, such subsection shall apply with respect to any and all State laws insofar as they may now or hereafter relate to the particular workflex option solely with respect to those employees who are so eligible; and ``(B) in the case of a workflex option consisting of a biweekly work program or a compressed work schedule program, such subsection shall apply with respect to any and all State laws insofar as they may now or hereafter relate to such workflex option solely with respect to those employees who enroll in such workflex option. ``(2) For purposes of paragraph (1)(B), a State overtime law shall be considered to relate to any workflex option consisting of a biweekly work program or a compressed work schedule program. ``(g) Subsection (d) shall not be construed to permit the application of any State law otherwise permitted under section 401(b) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2651(b)) that would impose requirements relating to a qualified flexible workplace arrangement plan.''. SEC. 4. REQUIREMENTS OF QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLAN. Subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART 8--QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLANS ``SEC. 801. DEFINITION OF QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLAN. ``(a) In General.--A qualified flexible workplace arrangement plan is a plan that-- ``(1) subject to the requirements of this title, an employer administers in accordance with a written plan document, in accordance with section 402(a)(1), which shall-- ``(A) establish the requirements of the plan (which shall include requirements with respect to accrual of compensable leave, request and use of such leave, withdrawal from or termination of such a plan, determination of an employee's service, and workflex options); and ``(B) as appropriate, incorporate the rights of employees to compensable leave and workflex options pursuant to one or more collective bargaining agreements between the employer and the labor organization that has been certified or recognized as the representative of the employees under applicable law; and ``(2) provides-- ``(A) compensable leave in accordance with section 802; and ``(B) workflex options in accordance with the requirements of section 803. ``(b) Relationship to Executive Order 13706.--A qualified flexible workplace arrangement plan meeting all the requirements of this part shall be deemed to satisfy the requirements established by Executive Order 13706. ``(c) Substantial Compliance.--A plan shall not fail to be treated as a qualified flexible workplace arrangement plan under this title so long as the plan substantially complies with the requirements of this part. ``(d) Rule of Construction.--Nothing in this part shall be construed-- ``(1) to relieve an employer that offers a qualified flexible workplace arrangement plan from the requirements of this title that are otherwise applicable to an employee welfare benefit plan, including the reporting and disclosure, fiduciary responsibility, and enforcement provisions of parts 1, 4, and 5 of this title; ``(2) to require an employer to adopt or maintain a qualified flexible workplace arrangement plan; or ``(3) in the case of an employer that has not adopted or is not maintaining such a plan, to require the employer to comply with any requirement under this part with respect to such a plan. ``SEC. 802. COMPENSABLE LEAVE REQUIREMENTS. ``(a) Amount of Compensable Leave.-- ``(1) In general.--The minimum amount of compensable leave that shall be provided to an employee for each plan year under a qualified flexible workplace arrangement plan shall depend upon the size of the employer and an employee's years of service with the employer, and shall be not fewer than the minimum number of days as follows: ------------------------------------------------------------------------ Minimum number of compensable days of leave per plan year ---------------------------------------- Employees with 5 or more ``Number of employees years of Employees with fewer employed by an employer service with than 5 years of the employer service with the as of the employer as of the beginning of beginning of the plan the plan year: year: ------------------------------------------------------------------------ 1000 or more................... 20 days 16 days ------------------------------------------------------------------------ 250 to 999..................... 18 days 14 days ------------------------------------------------------------------------ 50 to 249...................... 15 days 13 days ------------------------------------------------------------------------ less than 50................... 14 days 12 days. ------------------------------------------------------------------------ ``(2) Minimum requirements.-- ``(A) In general.--An employer that provides an unlimited number of compensable leave days per year to employees under a qualified flexible workplace arrangement plan shall be deemed to satisfy the amount of compensable leave required under paragraph (1), and nothing in this section shall prohibit a qualified flexible workplace arrangement plan from providing more than such minimum amount of compensable leave. ``(B) Treatment of holidays.--An employer that provides paid time off to employees for holidays recognized under Federal or State law may include up to 6 such paid holidays towards satisfying the amount of compensable leave required under paragraph (1). ``(3) Accrual permitted.--A qualified flexible workplace arrangement plan of an employer shall-- ``(A) provide all the compensable days of leave available to an employee for the plan year at the beginning of the plan year; or ``(B) provide that an employee's compensable leave for a plan year accrue during the plan year on a proportional basis in relation to the number of compensable days provided to such employee, and except as otherwise provided in subsection (b)(4), is available to an employee as the compensable leave accrues. ``(4) Determining number of employees.-- ``(A) In general.--The number of employees of an employer for a plan year shall be determined by calculating the average monthly number of employees for the preceding plan year in accordance with subparagraph (B). ``(B) Calculation.--The average monthly number of employees for a plan year shall be calculated by adding the total number of monthly employees for each month of such preceding plan year and dividing by 12. ``(C) Service requirement.--An individual shall be considered an employee for a month if such individual is an employee on at least the first day and last day of the month. ``(5) Years of service.--The determination of an employee's years of service shall be made by the employer in a manner consistent with section 203(b)(2), except that, upon adoption of a qualified flexible workplace arrangement plan, all employees' prior years of service with the employer maintaining the plan shall be taken into account when calculating the employee's years of service for the purpose of this subsection. ``(6) Carryover.--An employer may permit employees to carry over unused compensable leave from one plan year to the subsequent plan year. ``(7) Cashout.--An employer may permit employees to cash out unused compensable leave after or in connection with the termination of employment. ``(b) Full-Time, Part-Time, and New Employees, and Pro-Rated Calculations.-- ``(1) Full-time employees.-- ``(A) In general.--For any plan year, the requirements described in subsection (a)(1) shall only apply to employees who are full-time employees. ``(B) Definition.--The employer, in its qualified flexible workplace arrangement plan, shall reasonably define `full-time', when used with respect to an employee, for purposes of such plan. ``(2) Part-time employees.-- ``(A) In general.--For any plan year, if an employee was employed by the employer in the preceding plan year, but was not a full-time employee in the preceding plan year, and is not a full-time employee of the employer in the current plan year, subsection (a)(1) shall apply, in a pro-rated manner to such employee by multiplying-- ``(i) the number of days of compensable leave required under such subsection, by ``(ii) the part-time employee factor described in subparagraph (B). ``(B) Part-time employee factor.--For purposes of this paragraph, the part-time factor shall be equal to the result obtained by dividing-- ``(i) the number of hours of service that the employer reasonably estimates the employee had in the preceding plan year, by ``(ii) the number of hours that the employer reasonably determines the employee would have had if such employee had been a full-time employee. ``(C) Hours of service determination.--For purposes of this subsection, the determination of an employee's hours of service shall be made in a manner consistent with section 202(a)(3)(C), except that an estimation of such hours is permitted. ``(3) New part-time employees.-- ``(A) In general.--For any plan year, if a part- time employee was employed as a full-time employee by the employer in the preceding plan year or was not employed by the employer in the preceding plan year, then subsection (a)(1) shall apply, in a pro-rated manner to such employee by multiplying-- ``(i) the number of days of compensable leave required under such subsection, by ``(ii) the new part-time employee factor described in subparagraph (B). ``(B) New part-time employee factor.--For purposes of this paragraph, the new part-time employee factor shall be equal to the result obtained by dividing-- ``(i) the hours of service that the employer reasonably estimates that the employee will have during the current plan year, by ``(ii) the hours of service that the employer reasonably estimates that a full-time employee would have during such plan year. ``(4) Restrictions regarding new employees permitted.--In the case of a new employee, the employer may restrict the employee's right to use compensable leave during the first 90 days of employment with the employer. ``(c) Use of Compensable Leave.--In a qualified flexible workplace arrangement plan the employer may-- ``(1) determine whether the use of compensable leave at the time requested by an employee would unduly disrupt the operations of the employer; and ``(2) determine whether an employee may use compensable leave in full-day or partial-day increments. ``SEC. 803. WORKFLEX OPTIONS. ``(a) Workflex Options.-- ``(1) In general.--Under a qualified flexible workplace arrangement plan, an employer shall offer each employee meeting the requirements of paragraph (2) at least one of the following workflex options: ``(A) A biweekly work program that meets the requirements of section 804. ``(B) A compressed work schedule program that meets the requirements of section 805. ``(C) A telework program. ``(D) A job sharing program. ``(E) Flexible scheduling. ``(F) Predictable scheduling. ``(2) Service requirement.-- ``(A) In general.--For purposes of this section, an employee is eligible to participate in a workflex option if such employee-- ``(i) has been employed for at least 12 months by the employer and for at least 1,000 hours of service with such employer during such 12-month period, determined by the employer to mean-- ``(I) the calendar year; or ``(II) any fixed 12-month plan year; or ``(ii) meets eligibility requirements of the plan that otherwise permit participation prior to the date described in clause (i). ``(B) Hours of service.--For the purposes of this paragraph, the determination of an employee's hours of service shall be made in a manner consistent with section 202(a)(3)(C), except that the number of such hours may be estimated by the employer. ``(3) Employment positions.--A qualified flexible workplace arrangement plan may specify which employment position or positions are offered participation in a particular workflex option described in paragraph (1). ``(4) Clarification.--A qualified flexible workplace arrangement plan shall not be required to offer an employee more than one workflex option without regard to whether another employee is offered more than one workflex option. ``(b) Conditions.--A qualified flexible workplace arrangement plan shall offer a workflex option under subsection (a) to employees pursuant to the following: ``(1) Voluntary participation.-- ``(A) In general.--Except as provided in subparagraph (B)(i), an employee's participation in any workflex option offered under a qualified flexible workplace arrangement plan shall be voluntary and the acceptance of a workflex option may not be a condition of employment. ``(B) Agreement or understanding.--A workflex option shall be carried out pursuant to-- ``(i) applicable provisions of one or more agreements described in section 801(a)(1)(B); or ``(ii) in the case of an employee who is not subject to an agreement referred to in clause (i), a written agreement-- ``(I) setting forth the employee's work schedule; ``(II) including a description of the workflex option in which the employee is participating; ``(III) executed before the employee begins to participate in such workflex option; and ``(IV) entered into knowingly and voluntarily by such employee. ``(2) Termination, modification, or withdrawal.-- ``(A) Termination or modification.--Subject to section 803(a)(1), an employer may amend a qualified flexible workplace arrangement to eliminate-- ``(i) any workflex option described in subsection (a)(1); or ``(ii) the eligibility of an employee or group of employees to participate in a workflex option after the employer has provided 30-day written notice. ``(B) Withdrawal.--An employee may withdraw from a workflex option offered under a qualified flexible workplace arrangement plan at any time, except as otherwise specified for a biweekly work program under section 804(e)(2) or a compressed work schedule program under section 805(d)(2). ``(3) Recordkeeping requirement.--The employer shall maintain-- ``(A) written descriptions of workflex option offerings made available to employees; and ``(B) written agreements described in paragraph (1)(B)(ii). ``SEC. 804. BIWEEKLY WORK PROGRAM. ``(a) In General.--Notwithstanding any other provision of law, as part of a qualified flexible workplace arrangement plan, an employer may establish a biweekly work program as a workflex option for eligible employees that allows the use of a biweekly work schedule-- ``(1) that consists of a basic work requirement of not more than 80 hours, over one 2-week period; and ``(2) in which more than 40 hours but not more than 60 hours of the work requirement may occur in a week of the 2-week period. ``(b) Conditions.--A biweekly work program shall meet the conditions described in section 803(b). ``(c) Eligible Employee.--For purposes of this section, an `eligible employee' means an employee who is subject to the minimum wage and overtime requirements of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206; 207). ``(d) Compensation for Hours in Schedule.--In the case of an eligible employee participating in a biweekly work program-- ``(1) the eligible employee shall be compensated for each hour in such biweekly work schedule at a rate not less than the regular rate at which the eligible employee is employed; ``(2) any hour worked in excess of such a biweekly work schedule for a week of the 2-week period, or in excess of 80 hours in the 2-week period, shall be overtime hours; and ``(3) the eligible employee shall be compensated for each such overtime hour at a rate not less than one and one-half times the regular rate at which the eligible employee is employed, in accordance with section 7(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1)). ``(e) Discontinuance of Program or Withdrawal.-- ``(1) Discontinuance of program.--An employer who has established a biweekly work program under subsection (a) may discontinue the program, after providing 30 days written notice to the eligible employees who are subject to the employer's agreement or understanding described in section 803(b)(1)(B). ``(2) Withdrawal.-- ``(A) In general.--An eligible employee may withdraw from an agreement or understanding described in section 803(b)(1)(B), with respect to a biweekly work program established under subsection (a), by submitting a written notice of withdrawal to the employer. ``(B) Effective date.--Not later than 30 calendar days after receiving an eligible employee's written notice of withdrawal, an employer shall restore the employee to one of the employer's regular schedules. ``SEC. 805. COMPRESSED WORK SCHEDULE PROGRAM. ``(a) In General.--Notwithstanding any other provision of law, as part of a qualified flexible workplace arrangement plan, an employer may establish a compressed work schedule program as a workflex option for employees that allows the employee to work the equivalent of full- time employment by increasing the number of daily hours worked, such as a four-day workweek. ``(b) Conditions.--A compressed work schedule program shall meet the conditions described in section 803(b). ``(c) Compensation for Hours in Compressed Work Schedule.--In the case of an employee who is participating in a compressed work schedule program and who is subject to the minimum wage and overtime requirements of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206; 207)-- ``(1) the employee shall be compensated for each hour in such 40-hour compressed work schedule at a rate not less than the regular rate at which the employee is employed; and ``(2) the employee shall be compensated for each overtime hour at a rate not less than one and one-half times the regular rate at which the employee is employed, in accordance with section 7(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1)). ``(d) Discontinuance of Program or Withdrawal.-- ``(1) Discontinuance of program.--An employer who has established a compressed work schedule program under subsection (a) may discontinue the program after providing 30 days written notice to the employees who are subject to an agreement or understanding described in section 803(b)(1)(B). ``(2) Withdrawal.-- ``(A) In general.--An employee may withdraw from an agreement or understanding described in section 803(b)(1)(B), with respect to a compressed work schedule program established under subsection (a), by submitting a written notice of withdrawal to the employer. ``(B) Effective date.--Not later than 30 calendar days after receiving a written notice of withdrawal, an employer shall restore the employee to one of the employer's regular schedules. ``SEC. 806. RELATIONSHIP TO FAMILY AND MEDICAL LEAVE ACT. ``Consistent with section 102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(2)(A)), an employee may elect, or an employer may require the employee, to substitute compensable leave for leave provided under subparagraph (A), (B), (C), or (E) of section 102(a)(1) of the Family and Medical Leave Act (29 U.S.C. 2612(a)(1)) for any part of the 12-week period of such leave under such section. ``SEC. 807. REINSTATEMENT RIGHTS. ``(a) In General.--Except as provided in subsections (b) and (c), an employee who uses compensable leave under a qualified flexible workplace arrangement plan shall be entitled-- ``(1) to be restored to the position of employment held by the employee when the leave commenced; or ``(2) to be restored to an employment position equivalent to the employment position described in paragraph (1), with equivalent employment benefits, pay, and other terms and conditions of employment. ``(b) Limitations.--An employee shall be entitled to such reinstatement after using compensable leave even if the employee has been replaced or the employee's employment position has been restructured to accommodate the employee's absence, except that the reinstatement rights shall not apply-- ``(1) to an employee who uses more than 12 workweeks of compensable leave during a 12-month period; or ``(2) to an affected employee, as defined under section 104(b)(2) of the Family and Medical Leave Act (29 U.S.C. 2614(b)(2)). ``(c) Reinstatement of Leave.--In the case of an employee who is rehired following termination of employment, any compensable leave that has not been used prior to such termination may be reinstated by the employer. ``SEC. 808. RELATIONSHIP TO AMERICANS WITH DISABILITIES ACT AND THE REHABILITATION ACT OF 1973. ``Nothing in this part shall be construed to modify or relieve an employer from any obligation imposed by the Americans with Disabilities Act (42 U.S.C. 12111 et seq.) and the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.). ``SEC. 809. EDUCATION AND TECHNICAL ASSISTANCE; LIMITATION ON RULES. ``(a) Education and Technical Assistance.--The Secretary shall provide education and technical assistance to employers and employees with regard to qualified flexible workplace arrangement plans, and shall maintain an electronic database available online consisting of examples of workflex options. ``(b) Limitation on Rules.-- ``(1) In general.--No regulation or other guidance issued by the Secretary to carry out this part may result in new restrictions with respect to the establishment or administration of a qualified flexible workplace arrangement plan under section 801. ``(2) Invalidation.--Any rule or regulation issued in contravention of paragraph (1) shall have no force or effect. ``SEC. 810. DEFINITIONS AND OTHER SPECIAL RULES. ``For purposes of this part: ``(1) Compensable leave.--The term `compensable leave' means paid leave to be used for-- ``(A) paid time off, sick leave, personal leave, or vacation, the use of which is subject to the terms of a qualified flexible work arrangement plan; and ``(B) paid holidays provided in accordance with section 802(a)(2)(B). ``(2) Workflex option.--The term `workflex option' means any of the programs described in section 803(a)(1). ``(3) Employer.--For purposes of determining whether an employer is maintaining a qualified flexible workplace arrangement plan, sections 210(c) and 210(d) shall apply. ``(4) Job sharing program.--The term `job sharing program' means an arrangement under which an employer approves the sharing of one employment position amongst two or more employees. ``(5) Plan year.--The term `plan year' means any 365-day period designated in a qualified flexible workplace arrangement plan. ``(6) Flexible scheduling.--The term `flexible scheduling' means an arrangement under which an employee's regular work schedule is altered. ``(7) Predictable scheduling.--The term `predictable scheduling' means an arrangement under which an employer provides a work schedule to an employee-- ``(A) with reasonable advanced notice; and ``(B) that is subject to as few alterations as are reasonably possible. ``(8) Telework program.--The term `telework program' means an arrangement under which an employee performs the duties and responsibilities of such employee's employment position, and other activities authorized by the employer, from a worksite approved by the employer other than the location from which the employee would otherwise work.''. <all>

Workflex in the 21st Century Act

To amend the Employee Retirement Income Security Act of 1974 to include a voluntary option for qualified flexible workplace arrangements.

Workflex in the 21st Century Act

Rep. Miller-Meeks, Mariannette

R

IA

This bill establishes a voluntary option under which employers who provide flexible workplace arrangement plans that include a combination of paid leave and flexible work options are exempt from certain state and local laws regarding employee benefits. A flexible workplace arrangement plan must provide all employees with a minimum amount of paid leave per year that ranges from 12 to 20 days, depending on the size of the employer and the tenure of the employee. The plan must also provide employees that meet certain service requirements with at least one of the following flexible work options: The bill also specifies various requirements for paid leave and the flexible work options.

SHORT TITLE. 2. RELATIONSHIP TO OTHER LAWS. 4. REQUIREMENTS OF QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLAN. 1021 et seq.) 801. 802. COMPENSABLE LEAVE REQUIREMENTS. ``(B) Treatment of holidays.--An employer that provides paid time off to employees for holidays recognized under Federal or State law may include up to 6 such paid holidays towards satisfying the amount of compensable leave required under paragraph (1). ``(b) Full-Time, Part-Time, and New Employees, and Pro-Rated Calculations.-- ``(1) Full-time employees.-- ``(A) In general.--For any plan year, the requirements described in subsection (a)(1) shall only apply to employees who are full-time employees. 803. WORKFLEX OPTIONS. ``(D) A job sharing program. ``(F) Predictable scheduling. ``(B) Hours of service.--For the purposes of this paragraph, the determination of an employee's hours of service shall be made in a manner consistent with section 202(a)(3)(C), except that the number of such hours may be estimated by the employer. ``(B) Agreement or understanding.--A workflex option shall be carried out pursuant to-- ``(i) applicable provisions of one or more agreements described in section 801(a)(1)(B); or ``(ii) in the case of an employee who is not subject to an agreement referred to in clause (i), a written agreement-- ``(I) setting forth the employee's work schedule; ``(II) including a description of the workflex option in which the employee is participating; ``(III) executed before the employee begins to participate in such workflex option; and ``(IV) entered into knowingly and voluntarily by such employee. 804. BIWEEKLY WORK PROGRAM. ``(c) Eligible Employee.--For purposes of this section, an `eligible employee' means an employee who is subject to the minimum wage and overtime requirements of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206; 207). ``(B) Effective date.--Not later than 30 calendar days after receiving an eligible employee's written notice of withdrawal, an employer shall restore the employee to one of the employer's regular schedules. 805. COMPRESSED WORK SCHEDULE PROGRAM. RELATIONSHIP TO FAMILY AND MEDICAL LEAVE ACT. 2612(a)(1)) for any part of the 12-week period of such leave under such section. REINSTATEMENT RIGHTS. ``(a) In General.--Except as provided in subsections (b) and (c), an employee who uses compensable leave under a qualified flexible workplace arrangement plan shall be entitled-- ``(1) to be restored to the position of employment held by the employee when the leave commenced; or ``(2) to be restored to an employment position equivalent to the employment position described in paragraph (1), with equivalent employment benefits, pay, and other terms and conditions of employment. and the Rehabilitation Act of 1973 (29 U.S.C. EDUCATION AND TECHNICAL ASSISTANCE; LIMITATION ON RULES. ``SEC.

SHORT TITLE. 2. RELATIONSHIP TO OTHER LAWS. 4. REQUIREMENTS OF QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLAN. 1021 et seq.) 801. 802. COMPENSABLE LEAVE REQUIREMENTS. ``(b) Full-Time, Part-Time, and New Employees, and Pro-Rated Calculations.-- ``(1) Full-time employees.-- ``(A) In general.--For any plan year, the requirements described in subsection (a)(1) shall only apply to employees who are full-time employees. 803. WORKFLEX OPTIONS. ``(D) A job sharing program. ``(F) Predictable scheduling. ``(B) Hours of service.--For the purposes of this paragraph, the determination of an employee's hours of service shall be made in a manner consistent with section 202(a)(3)(C), except that the number of such hours may be estimated by the employer. 804. BIWEEKLY WORK PROGRAM. ``(c) Eligible Employee.--For purposes of this section, an `eligible employee' means an employee who is subject to the minimum wage and overtime requirements of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206; 207). ``(B) Effective date.--Not later than 30 calendar days after receiving an eligible employee's written notice of withdrawal, an employer shall restore the employee to one of the employer's regular schedules. 805. COMPRESSED WORK SCHEDULE PROGRAM. 2612(a)(1)) for any part of the 12-week period of such leave under such section. REINSTATEMENT RIGHTS. ``(a) In General.--Except as provided in subsections (b) and (c), an employee who uses compensable leave under a qualified flexible workplace arrangement plan shall be entitled-- ``(1) to be restored to the position of employment held by the employee when the leave commenced; or ``(2) to be restored to an employment position equivalent to the employment position described in paragraph (1), with equivalent employment benefits, pay, and other terms and conditions of employment. and the Rehabilitation Act of 1973 (29 U.S.C. EDUCATION AND TECHNICAL ASSISTANCE; LIMITATION ON RULES. ``SEC.

SHORT TITLE. 2. RELATIONSHIP TO OTHER LAWS. Section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 4. REQUIREMENTS OF QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLAN. 1021 et seq.) is amended by adding at the end the following: ``PART 8--QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLANS ``SEC. 801. 802. COMPENSABLE LEAVE REQUIREMENTS. ``(B) Treatment of holidays.--An employer that provides paid time off to employees for holidays recognized under Federal or State law may include up to 6 such paid holidays towards satisfying the amount of compensable leave required under paragraph (1). ``(C) Service requirement.--An individual shall be considered an employee for a month if such individual is an employee on at least the first day and last day of the month. ``(b) Full-Time, Part-Time, and New Employees, and Pro-Rated Calculations.-- ``(1) Full-time employees.-- ``(A) In general.--For any plan year, the requirements described in subsection (a)(1) shall only apply to employees who are full-time employees. ``(B) Part-time employee factor.--For purposes of this paragraph, the part-time factor shall be equal to the result obtained by dividing-- ``(i) the number of hours of service that the employer reasonably estimates the employee had in the preceding plan year, by ``(ii) the number of hours that the employer reasonably determines the employee would have had if such employee had been a full-time employee. 803. WORKFLEX OPTIONS. ``(D) A job sharing program. ``(E) Flexible scheduling. ``(F) Predictable scheduling. ``(B) Hours of service.--For the purposes of this paragraph, the determination of an employee's hours of service shall be made in a manner consistent with section 202(a)(3)(C), except that the number of such hours may be estimated by the employer. ``(B) Agreement or understanding.--A workflex option shall be carried out pursuant to-- ``(i) applicable provisions of one or more agreements described in section 801(a)(1)(B); or ``(ii) in the case of an employee who is not subject to an agreement referred to in clause (i), a written agreement-- ``(I) setting forth the employee's work schedule; ``(II) including a description of the workflex option in which the employee is participating; ``(III) executed before the employee begins to participate in such workflex option; and ``(IV) entered into knowingly and voluntarily by such employee. 804. BIWEEKLY WORK PROGRAM. ``(c) Eligible Employee.--For purposes of this section, an `eligible employee' means an employee who is subject to the minimum wage and overtime requirements of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206; 207). ``(B) Effective date.--Not later than 30 calendar days after receiving an eligible employee's written notice of withdrawal, an employer shall restore the employee to one of the employer's regular schedules. 805. COMPRESSED WORK SCHEDULE PROGRAM. 206; 207)-- ``(1) the employee shall be compensated for each hour in such 40-hour compressed work schedule at a rate not less than the regular rate at which the employee is employed; and ``(2) the employee shall be compensated for each overtime hour at a rate not less than one and one-half times the regular rate at which the employee is employed, in accordance with section 7(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. RELATIONSHIP TO FAMILY AND MEDICAL LEAVE ACT. 2612(a)(1)) for any part of the 12-week period of such leave under such section. REINSTATEMENT RIGHTS. ``(a) In General.--Except as provided in subsections (b) and (c), an employee who uses compensable leave under a qualified flexible workplace arrangement plan shall be entitled-- ``(1) to be restored to the position of employment held by the employee when the leave commenced; or ``(2) to be restored to an employment position equivalent to the employment position described in paragraph (1), with equivalent employment benefits, pay, and other terms and conditions of employment. and the Rehabilitation Act of 1973 (29 U.S.C. EDUCATION AND TECHNICAL ASSISTANCE; LIMITATION ON RULES. ``SEC. DEFINITIONS AND OTHER SPECIAL RULES.

SHORT TITLE. 2. RELATIONSHIP TO OTHER LAWS. Section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144) is amended by adding at the end the following: ``(f)(1) Subsection (a) shall apply with respect to any and all State laws insofar as they may now or hereafter relate to any qualified flexible workplace arrangement plan described in part 8, except that in the case of workflex options offered under such a plan-- ``(A) except as provided in subparagraph (B), if only certain employees are eligible to enroll in a particular workflex option under the plan, such subsection shall apply with respect to any and all State laws insofar as they may now or hereafter relate to the particular workflex option solely with respect to those employees who are so eligible; and ``(B) in the case of a workflex option consisting of a biweekly work program or a compressed work schedule program, such subsection shall apply with respect to any and all State laws insofar as they may now or hereafter relate to such workflex option solely with respect to those employees who enroll in such workflex option. 4. REQUIREMENTS OF QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLAN. 1021 et seq.) is amended by adding at the end the following: ``PART 8--QUALIFIED FLEXIBLE WORKPLACE ARRANGEMENT PLANS ``SEC. 801. ``(b) Relationship to Executive Order 13706.--A qualified flexible workplace arrangement plan meeting all the requirements of this part shall be deemed to satisfy the requirements established by Executive Order 13706. 802. COMPENSABLE LEAVE REQUIREMENTS. ``(B) Treatment of holidays.--An employer that provides paid time off to employees for holidays recognized under Federal or State law may include up to 6 such paid holidays towards satisfying the amount of compensable leave required under paragraph (1). ``(C) Service requirement.--An individual shall be considered an employee for a month if such individual is an employee on at least the first day and last day of the month. ``(b) Full-Time, Part-Time, and New Employees, and Pro-Rated Calculations.-- ``(1) Full-time employees.-- ``(A) In general.--For any plan year, the requirements described in subsection (a)(1) shall only apply to employees who are full-time employees. ``(B) Part-time employee factor.--For purposes of this paragraph, the part-time factor shall be equal to the result obtained by dividing-- ``(i) the number of hours of service that the employer reasonably estimates the employee had in the preceding plan year, by ``(ii) the number of hours that the employer reasonably determines the employee would have had if such employee had been a full-time employee. ``(c) Use of Compensable Leave.--In a qualified flexible workplace arrangement plan the employer may-- ``(1) determine whether the use of compensable leave at the time requested by an employee would unduly disrupt the operations of the employer; and ``(2) determine whether an employee may use compensable leave in full-day or partial-day increments. 803. WORKFLEX OPTIONS. ``(D) A job sharing program. ``(E) Flexible scheduling. ``(F) Predictable scheduling. ``(B) Hours of service.--For the purposes of this paragraph, the determination of an employee's hours of service shall be made in a manner consistent with section 202(a)(3)(C), except that the number of such hours may be estimated by the employer. ``(B) Agreement or understanding.--A workflex option shall be carried out pursuant to-- ``(i) applicable provisions of one or more agreements described in section 801(a)(1)(B); or ``(ii) in the case of an employee who is not subject to an agreement referred to in clause (i), a written agreement-- ``(I) setting forth the employee's work schedule; ``(II) including a description of the workflex option in which the employee is participating; ``(III) executed before the employee begins to participate in such workflex option; and ``(IV) entered into knowingly and voluntarily by such employee. 804. BIWEEKLY WORK PROGRAM. ``(c) Eligible Employee.--For purposes of this section, an `eligible employee' means an employee who is subject to the minimum wage and overtime requirements of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206; 207). ``(B) Effective date.--Not later than 30 calendar days after receiving an eligible employee's written notice of withdrawal, an employer shall restore the employee to one of the employer's regular schedules. 805. COMPRESSED WORK SCHEDULE PROGRAM. 206; 207)-- ``(1) the employee shall be compensated for each hour in such 40-hour compressed work schedule at a rate not less than the regular rate at which the employee is employed; and ``(2) the employee shall be compensated for each overtime hour at a rate not less than one and one-half times the regular rate at which the employee is employed, in accordance with section 7(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. RELATIONSHIP TO FAMILY AND MEDICAL LEAVE ACT. 2612(a)(1)) for any part of the 12-week period of such leave under such section. REINSTATEMENT RIGHTS. ``(a) In General.--Except as provided in subsections (b) and (c), an employee who uses compensable leave under a qualified flexible workplace arrangement plan shall be entitled-- ``(1) to be restored to the position of employment held by the employee when the leave commenced; or ``(2) to be restored to an employment position equivalent to the employment position described in paragraph (1), with equivalent employment benefits, pay, and other terms and conditions of employment. ``(c) Reinstatement of Leave.--In the case of an employee who is rehired following termination of employment, any compensable leave that has not been used prior to such termination may be reinstated by the employer. ``Nothing in this part shall be construed to modify or relieve an employer from any obligation imposed by the Americans with Disabilities Act (42 U.S.C. and the Rehabilitation Act of 1973 (29 U.S.C. EDUCATION AND TECHNICAL ASSISTANCE; LIMITATION ON RULES. ``SEC. DEFINITIONS AND OTHER SPECIAL RULES.

H.R.5126

Education

Combating Predatory Lending in Higher Education Act of 2021 This bill includes Direct PLUS Loans that are made to graduate students and parents on behalf of dependent students in an institution of higher education's (IHE's) cohort default rate. This rate is the percentage of an IHE's borrowers who enter repayment and default on certain student loans. Further, the Department of Education must include this information in its annual report on cohort default rates.

To require that certain loans made to parents on behalf of a dependent student and to graduate students are included in the definition of cohort default rate under the Higher Education Act of 1965, to require the Secretary of Education to report default rates for such 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 ``Combating Predatory Lending in Higher Education Act of 2021''. SEC. 2. ADDITION OF CERTAIN LOANS TO PARENTS AND GRADUATE STUDENT TO THE CALCULATION AND REPORTING OF COHORT DEFAULT RATES. (a) Definition of ``Cohort Default Rate''.--Section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (ii) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (B) in subparagraph (C), by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (2) in paragraph (2), by adding at the end the following new subparagraph: ``(E) For the purposes of this subsection, the term `students', when used with respect to a determination or calculation of the number of students who enter repayment or default on a loan received for attendance at an institution, shall include parents with a Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student for attendance at the institution.''. (b) Collection and Reporting of Cohort Default Rates.--Section 435(m)(4)(A) of such Act of 1965 (20 U.S.C. 1085(m)(4)(A)) is amended-- (1) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (2) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''. (c) Effective Date.--The amendments made by this section shall be effective for the first fiscal year beginning after the date of enactment of this Act, and each subsequent fiscal year. <all>

Combating Predatory Lending in Higher Education Act of 2021

To require that certain loans made to parents on behalf of a dependent student and to graduate students are included in the definition of cohort default rate under the Higher Education Act of 1965, to require the Secretary of Education to report default rates for such loans, and for other purposes.

Combating Predatory Lending in Higher Education Act of 2021

Rep. Van Duyne, Beth

R

TX

This bill includes Direct PLUS Loans that are made to graduate students and parents on behalf of dependent students in an institution of higher education's (IHE's) cohort default rate. This rate is the percentage of an IHE's borrowers who enter repayment and default on certain student loans. Further, the Department of Education must include this information in its annual report on cohort default rates.

To require that certain loans made to parents on behalf of a dependent student and to graduate students are included in the definition of cohort default rate under the Higher Education Act of 1965, to require the Secretary of Education to report default rates for such 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 ``Combating Predatory Lending in Higher Education Act of 2021''. SEC. 2. ADDITION OF CERTAIN LOANS TO PARENTS AND GRADUATE STUDENT TO THE CALCULATION AND REPORTING OF COHORT DEFAULT RATES. (a) Definition of ``Cohort Default Rate''.--Section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (ii) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (B) in subparagraph (C), by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (2) in paragraph (2), by adding at the end the following new subparagraph: ``(E) For the purposes of this subsection, the term `students', when used with respect to a determination or calculation of the number of students who enter repayment or default on a loan received for attendance at an institution, shall include parents with a Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student for attendance at the institution.''. (b) Collection and Reporting of Cohort Default Rates.--Section 435(m)(4)(A) of such Act of 1965 (20 U.S.C. 1085(m)(4)(A)) is amended-- (1) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (2) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''. (c) Effective Date.--The amendments made by this section shall be effective for the first fiscal year beginning after the date of enactment of this Act, and each subsequent fiscal year. <all>

To require that certain loans made to parents on behalf of a dependent student and to graduate students are included in the definition of cohort default rate under the Higher Education Act of 1965, to require the Secretary of Education to report default rates for such 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 ``Combating Predatory Lending in Higher Education Act of 2021''. SEC. 2. ADDITION OF CERTAIN LOANS TO PARENTS AND GRADUATE STUDENT TO THE CALCULATION AND REPORTING OF COHORT DEFAULT RATES. (a) Definition of ``Cohort Default Rate''.--Section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (ii) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (B) in subparagraph (C), by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (2) in paragraph (2), by adding at the end the following new subparagraph: ``(E) For the purposes of this subsection, the term `students', when used with respect to a determination or calculation of the number of students who enter repayment or default on a loan received for attendance at an institution, shall include parents with a Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student for attendance at the institution.''. (b) Collection and Reporting of Cohort Default Rates.--Section 435(m)(4)(A) of such Act of 1965 (20 U.S.C. 1085(m)(4)(A)) is amended-- (1) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (2) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''. (c) Effective Date.--The amendments made by this section shall be effective for the first fiscal year beginning after the date of enactment of this Act, and each subsequent fiscal year. <all>

To require that certain loans made to parents on behalf of a dependent student and to graduate students are included in the definition of cohort default rate under the Higher Education Act of 1965, to require the Secretary of Education to report default rates for such 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 ``Combating Predatory Lending in Higher Education Act of 2021''. SEC. 2. ADDITION OF CERTAIN LOANS TO PARENTS AND GRADUATE STUDENT TO THE CALCULATION AND REPORTING OF COHORT DEFAULT RATES. (a) Definition of ``Cohort Default Rate''.--Section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (ii) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (B) in subparagraph (C), by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (2) in paragraph (2), by adding at the end the following new subparagraph: ``(E) For the purposes of this subsection, the term `students', when used with respect to a determination or calculation of the number of students who enter repayment or default on a loan received for attendance at an institution, shall include parents with a Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student for attendance at the institution.''. (b) Collection and Reporting of Cohort Default Rates.--Section 435(m)(4)(A) of such Act of 1965 (20 U.S.C. 1085(m)(4)(A)) is amended-- (1) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (2) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''. (c) Effective Date.--The amendments made by this section shall be effective for the first fiscal year beginning after the date of enactment of this Act, and each subsequent fiscal year. <all>

To require that certain loans made to parents on behalf of a dependent student and to graduate students are included in the definition of cohort default rate under the Higher Education Act of 1965, to require the Secretary of Education to report default rates for such 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 ``Combating Predatory Lending in Higher Education Act of 2021''. SEC. 2. ADDITION OF CERTAIN LOANS TO PARENTS AND GRADUATE STUDENT TO THE CALCULATION AND REPORTING OF COHORT DEFAULT RATES. (a) Definition of ``Cohort Default Rate''.--Section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A)-- (i) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (ii) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (B) in subparagraph (C), by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''; and (2) in paragraph (2), by adding at the end the following new subparagraph: ``(E) For the purposes of this subsection, the term `students', when used with respect to a determination or calculation of the number of students who enter repayment or default on a loan received for attendance at an institution, shall include parents with a Federal Direct PLUS Loan or a loan under section 428B made on behalf of a dependent student for attendance at the institution.''. (b) Collection and Reporting of Cohort Default Rates.--Section 435(m)(4)(A) of such Act of 1965 (20 U.S.C. 1085(m)(4)(A)) is amended-- (1) by striking ``section 428, 428A, or 428H'' and inserting ``this part or part D''; and (2) by inserting ``or a Federal Direct Consolidation Loan'' after ``section 428C''. (c) Effective Date.--The amendments made by this section shall be effective for the first fiscal year beginning after the date of enactment of this Act, and each subsequent fiscal year. <all>

H.R.5853

Crime and Law Enforcement

Private Prison Information Act of 2021 This bill specifies that a record related to a nonfederal prison, correctional, or detention facility must be considered a federal agency record for purposes of the Freedom of Information Act (FOIA). A nonfederal prison, correctional, or detention facility must disclose information under FOIA unless the information is exempt from disclosure or the disclosure is prohibited by law. The term nonfederal prison, correctional, or detention facility means (1) a private prison, correctional, or detention facility; or (2) a state or local prison, jail, or other correctional or detention facility.

To require non-Federal prison, correctional, and detention facilities holding Federal prisoners or detainees under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Prison Information Act of 2021''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; (2) the term ``applicable entity'' means-- (A) a nongovernmental entity contracting with, or receiving funds directly or indirectly from, a covered agency to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; or (B) a State or local governmental entity with an intergovernmental agreement with a covered agency to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; (3) the term ``covered agency'' means an agency that contracts with, or provides funds to, an applicable entity to incarcerate or detain Federal prisoners or detainees in a non- Federal prison, correctional, or detention facility; and (4) the term ``non-Federal prison, correctional, or detention facility'' means-- (A) a privately owned or privately operated prison, correctional, or detention facility; or (B) a State or local prison, jail, or other correctional or detention facility. SEC. 3. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT PRISONS. (a) In General.--A record relating to a non-Federal prison, correctional, or detention facility shall be-- (1) considered an agency record for purposes of section 552(f)(2) of title 5, United States Code, whether in the possession of an applicable entity or a covered agency; and (2) subject to section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), to the same extent as if the record was maintained by an agency operating a Federal prison, correctional, or detention facility. (b) Withholding of Information.--A covered agency may not withhold information that would otherwise be required to be disclosed under subsection (a) unless-- (1) the covered agency, based on the independent assessment of the covered agency, reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section 552(b) of title 5, United States Code; or (2) disclosure of the information is prohibited by law. (c) Format of Records.--An applicable entity shall maintain records relating to a non-Federal prison, correctional, or detention facility in formats that are readily reproducible and reasonably searchable by the covered agency that contracts with or provides funds to the applicable entity to incarcerate or detain Federal prisoners or detainees in the non-Federal prison, correctional, or detention facility. (d) Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, a covered agency shall promulgate regulations or guidance to ensure compliance with this section by the covered agency and an applicable entity that the covered agency contracts with or provides funds to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (2) Compliance by applicable entities.-- (A) In general.--Compliance with this section by an applicable entity shall be included as a material term in any contract, agreement, or renewal of a contract or agreement with the applicable entity regarding the incarceration or detention of Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (B) Modification of contract or agreement.--Not later than 1 year after the date of enactment of this Act, a covered agency shall secure a modification to include compliance with this section by an applicable entity as a material term in any contract or agreement described under subparagraph (A) that will not otherwise be renegotiated, renewed, or modified before the date that is 1 year after the date of enactment of this Act. (e) Rule of Construction.--Nothing in this Act shall be construed to limit or reduce the scope of State or local open records laws. <all>

Private Prison Information Act of 2021

To require non-Federal prison, correctional, and detention facilities holding Federal prisoners or detainees under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available.

Private Prison Information Act of 2021

Rep. Raskin, Jamie

D

MD

This bill specifies that a record related to a nonfederal prison, correctional, or detention facility must be considered a federal agency record for purposes of the Freedom of Information Act (FOIA). A nonfederal prison, correctional, or detention facility must disclose information under FOIA unless the information is exempt from disclosure or the disclosure is prohibited by law. The term nonfederal prison, correctional, or detention facility means (1) a private prison, correctional, or detention facility; or (2) a state or local prison, jail, or other correctional or detention facility.

To require non-Federal prison, correctional, and detention facilities holding Federal prisoners or detainees under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Prison Information Act of 2021''. 2. DEFINITIONS. SEC. 3. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT PRISONS. (b) Withholding of Information.--A covered agency may not withhold information that would otherwise be required to be disclosed under subsection (a) unless-- (1) the covered agency, based on the independent assessment of the covered agency, reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section 552(b) of title 5, United States Code; or (2) disclosure of the information is prohibited by law. (c) Format of Records.--An applicable entity shall maintain records relating to a non-Federal prison, correctional, or detention facility in formats that are readily reproducible and reasonably searchable by the covered agency that contracts with or provides funds to the applicable entity to incarcerate or detain Federal prisoners or detainees in the non-Federal prison, correctional, or detention facility. (d) Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, a covered agency shall promulgate regulations or guidance to ensure compliance with this section by the covered agency and an applicable entity that the covered agency contracts with or provides funds to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (B) Modification of contract or agreement.--Not later than 1 year after the date of enactment of this Act, a covered agency shall secure a modification to include compliance with this section by an applicable entity as a material term in any contract or agreement described under subparagraph (A) that will not otherwise be renegotiated, renewed, or modified before the date that is 1 year after the date of enactment of this Act. (e) Rule of Construction.--Nothing in this Act shall be construed to limit or reduce the scope of State or local open records laws.

To require non-Federal prison, correctional, and detention facilities holding Federal prisoners or detainees under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Prison Information Act of 2021''. 2. DEFINITIONS. SEC. 3. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT PRISONS. (b) Withholding of Information.--A covered agency may not withhold information that would otherwise be required to be disclosed under subsection (a) unless-- (1) the covered agency, based on the independent assessment of the covered agency, reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section 552(b) of title 5, United States Code; or (2) disclosure of the information is prohibited by law. (d) Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, a covered agency shall promulgate regulations or guidance to ensure compliance with this section by the covered agency and an applicable entity that the covered agency contracts with or provides funds to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (B) Modification of contract or agreement.--Not later than 1 year after the date of enactment of this Act, a covered agency shall secure a modification to include compliance with this section by an applicable entity as a material term in any contract or agreement described under subparagraph (A) that will not otherwise be renegotiated, renewed, or modified before the date that is 1 year after the date of enactment of this Act. (e) Rule of Construction.--Nothing in this Act shall be construed to limit or reduce the scope of State or local open records laws.

To require non-Federal prison, correctional, and detention facilities holding Federal prisoners or detainees under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Prison Information Act of 2021''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; (2) the term ``applicable entity'' means-- (A) a nongovernmental entity contracting with, or receiving funds directly or indirectly from, a covered agency to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; or (B) a State or local governmental entity with an intergovernmental agreement with a covered agency to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; (3) the term ``covered agency'' means an agency that contracts with, or provides funds to, an applicable entity to incarcerate or detain Federal prisoners or detainees in a non- Federal prison, correctional, or detention facility; and (4) the term ``non-Federal prison, correctional, or detention facility'' means-- (A) a privately owned or privately operated prison, correctional, or detention facility; or (B) a State or local prison, jail, or other correctional or detention facility. SEC. 3. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT PRISONS. (a) In General.--A record relating to a non-Federal prison, correctional, or detention facility shall be-- (1) considered an agency record for purposes of section 552(f)(2) of title 5, United States Code, whether in the possession of an applicable entity or a covered agency; and (2) subject to section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), to the same extent as if the record was maintained by an agency operating a Federal prison, correctional, or detention facility. (b) Withholding of Information.--A covered agency may not withhold information that would otherwise be required to be disclosed under subsection (a) unless-- (1) the covered agency, based on the independent assessment of the covered agency, reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section 552(b) of title 5, United States Code; or (2) disclosure of the information is prohibited by law. (c) Format of Records.--An applicable entity shall maintain records relating to a non-Federal prison, correctional, or detention facility in formats that are readily reproducible and reasonably searchable by the covered agency that contracts with or provides funds to the applicable entity to incarcerate or detain Federal prisoners or detainees in the non-Federal prison, correctional, or detention facility. (d) Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, a covered agency shall promulgate regulations or guidance to ensure compliance with this section by the covered agency and an applicable entity that the covered agency contracts with or provides funds to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (2) Compliance by applicable entities.-- (A) In general.--Compliance with this section by an applicable entity shall be included as a material term in any contract, agreement, or renewal of a contract or agreement with the applicable entity regarding the incarceration or detention of Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (B) Modification of contract or agreement.--Not later than 1 year after the date of enactment of this Act, a covered agency shall secure a modification to include compliance with this section by an applicable entity as a material term in any contract or agreement described under subparagraph (A) that will not otherwise be renegotiated, renewed, or modified before the date that is 1 year after the date of enactment of this Act. (e) Rule of Construction.--Nothing in this Act shall be construed to limit or reduce the scope of State or local open records laws. <all>

To require non-Federal prison, correctional, and detention facilities holding Federal prisoners or detainees under a contract with the Federal Government to make the same information available to the public that Federal prisons and correctional facilities are required to make available. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Prison Information Act of 2021''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``agency'' has the meaning given the term in section 551 of title 5, United States Code; (2) the term ``applicable entity'' means-- (A) a nongovernmental entity contracting with, or receiving funds directly or indirectly from, a covered agency to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; or (B) a State or local governmental entity with an intergovernmental agreement with a covered agency to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility; (3) the term ``covered agency'' means an agency that contracts with, or provides funds to, an applicable entity to incarcerate or detain Federal prisoners or detainees in a non- Federal prison, correctional, or detention facility; and (4) the term ``non-Federal prison, correctional, or detention facility'' means-- (A) a privately owned or privately operated prison, correctional, or detention facility; or (B) a State or local prison, jail, or other correctional or detention facility. SEC. 3. FREEDOM OF INFORMATION ACT APPLICABLE FOR CONTRACT PRISONS. (a) In General.--A record relating to a non-Federal prison, correctional, or detention facility shall be-- (1) considered an agency record for purposes of section 552(f)(2) of title 5, United States Code, whether in the possession of an applicable entity or a covered agency; and (2) subject to section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), to the same extent as if the record was maintained by an agency operating a Federal prison, correctional, or detention facility. (b) Withholding of Information.--A covered agency may not withhold information that would otherwise be required to be disclosed under subsection (a) unless-- (1) the covered agency, based on the independent assessment of the covered agency, reasonably foresees that disclosure of the information would cause specific identifiable harm to an interest protected by an exemption from disclosure under section 552(b) of title 5, United States Code; or (2) disclosure of the information is prohibited by law. (c) Format of Records.--An applicable entity shall maintain records relating to a non-Federal prison, correctional, or detention facility in formats that are readily reproducible and reasonably searchable by the covered agency that contracts with or provides funds to the applicable entity to incarcerate or detain Federal prisoners or detainees in the non-Federal prison, correctional, or detention facility. (d) Regulations.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, a covered agency shall promulgate regulations or guidance to ensure compliance with this section by the covered agency and an applicable entity that the covered agency contracts with or provides funds to incarcerate or detain Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (2) Compliance by applicable entities.-- (A) In general.--Compliance with this section by an applicable entity shall be included as a material term in any contract, agreement, or renewal of a contract or agreement with the applicable entity regarding the incarceration or detention of Federal prisoners or detainees in a non-Federal prison, correctional, or detention facility. (B) Modification of contract or agreement.--Not later than 1 year after the date of enactment of this Act, a covered agency shall secure a modification to include compliance with this section by an applicable entity as a material term in any contract or agreement described under subparagraph (A) that will not otherwise be renegotiated, renewed, or modified before the date that is 1 year after the date of enactment of this Act. (e) Rule of Construction.--Nothing in this Act shall be construed to limit or reduce the scope of State or local open records laws. <all>

S.2594

Agriculture and Food

Food Labeling Modernization Act of 2021 This bill imposes additional labeling requirements for food and addresses related issues. A food intended for human consumption must include on its principal display panel a summary of nutritional information using a system that (1) clearly distinguishes between products of greater or lesser nutritional value; and (2) uses standardized symbols to provide warning about products that are high in certain substances, such as trans fats. The Food and Drug Administration (FDA) must promulgate regulations establishing the requirements for such a system. Labels that use certain terms, such as whole wheat, fruit, or vegetable, must include additional information, such as the amount or quantity of that item in the food. The FDA must promulgate certain regulations relating to the use of the terms natural or healthy on food labels. The bill also imposes labeling requirements for certain foods that contain added coloring, added flavoring, phosphorus, caffeine, gluten, allulose, polydextrose, sugar alcohols, or isolated fibers. The FDA may, by regulation, deem a food ingredient to be a major food allergen. The FDA must also impose certain restrictions on the types of beverages that may be identified as infant formula or formula. The FDA must require food manufacturers to submit all information on the label of a food offered for sale in package form and update such submissions as necessary. The information must be made available in a public database on the FDA's website.

To amend the Federal Food, Drug, and Cosmetic Act to strengthen requirements related to nutrient information on food labels, 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 ``Food Labeling Modernization Act of 2021''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Additional requirements for front-of-package labeling for foods. Sec. 3. Claims for conventional foods. Sec. 4. Use of specific terms. Sec. 5. Format of ingredient list. Sec. 6. Declaration of phosphorus in the ingredient list. Sec. 7. Caffeine content on information panel. Sec. 8. Food allergen labeling. Sec. 9. Information about major food allergens and gluten-containing grains. Sec. 10. Submission and availability of food label information. Sec. 11. Standards of identity. Sec. 12. Study on fortification of corn masa flour. Sec. 13. Sugar alcohols and isolated fibers. Sec. 14. Infant and toddler beverages. Sec. 15. Formatting of information on principal display panels. Sec. 16. Sale of food online. Sec. 17. Definitions. Sec. 18. Regulations; delayed applicability. SEC. 2. ADDITIONAL REQUIREMENTS FOR FRONT-OF-PACKAGE LABELING FOR FOODS. (a) Summary Nutrition Labeling Information.--Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(z)(1) Summary Nutrition Information.--Except as provided in subparagraphs (3), (4), and (5) of paragraph (q), if it is food (other than a dietary supplement) intended for human consumption and is offered for sale and otherwise required to bear nutrition labeling, unless its principal display panel bears summary nutrition information that reflects the overall nutritional value of the food or specified ingredients, as specified in accordance with regulations of the Secretary, and does not contain any summary nutritional information which is in addition to or inconsistent with the information required under this subparagraph. ``(2) Required Criteria for Implementing Regulations.--Final regulations regarding the summary nutrition information required under subparagraph (1) shall meet the following criteria: ``(A) There shall be a standardized symbol system that displays calorie information related to the serving size determined under paragraph (q)(1)(A), and information related to the content of saturated and trans fats, sodium, added sugars, and any other nutrients that the Secretary determines are strongly associated with public health concerns. ``(B) The system shall employ an approach that clearly distinguishes between products of greater or lesser nutritional value. This system shall include-- ``(i) a warning symbol or symbols for products high in saturated or trans fats, sodium, added sugars, and any other nutrients the consumption of which should be limited or discouraged; and ``(ii) a stop-light, points, star, or other commonly recognized signaling system to scale or rank foods according to their overall health value. ``(C) The information shall appear on all products that are required to bear nutrition labeling. ``(D) The information shall-- ``(i) appear in a consistent location on the principal display panels across products; ``(ii) have a prominent design that visually contrasts with existing packaging design; and ``(iii) be sufficiently large to be easily legible. ``(3) Principles for Implementing Regulations.--In promulgating regulations regarding the summary nutrition information required under subparagraph (1), the Secretary shall take into account published reports by the Health and Medicine Division of the National Academy of Sciences, Engineering, and Medicine regarding such information, and base regulations on the following principles: ``(A) Consumers should be able to quickly and easily comprehend the meaning of the system as an indicator of a product's contribution to a healthy diet without requiring specific or sophisticated nutritional knowledge. ``(B) The nutrition information should be consistent with the Nutrition Facts Panel and with the recommendations of the Dietary Guidelines for Americans. ``(C) The information should aim to facilitate consumer selection of healthy product options, including among nutritionally at-risk subpopulations. ``(D) The Secretary should periodically evaluate the front- of-package information to assess its effectiveness in facilitating consumer selection of healthy product options and the extent to which manufacturers are offering healthier products as a result of the disclosure. ``(E) The implementation of the information disclosure should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary.''. (b) Percentage of Wheat and Grains in Grain-Based Products, and Amount of Real Fruit, Vegetable, and Yogurt in Products Bearing Fruit, Vegetable, and Yogurt Claims.--Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (a), is further amended by adding at the end the following: ``(aa) Percentage of Wheat and Grains in Grain-Based Products.--If, in the case of food other than a dietary supplement, the principal display panel bears-- ``(1) the term `whole wheat', `whole grain', `made with whole grain', or `multigrain'; ``(2) a declaration of the whole grain content by weight; ``(3) the term `wheat' on a wheat bread, pasta, or similar product that is typically made from wheat; or ``(4) any similar descriptive phrases, terms, or representations suggesting the product contains whole grains, unless the amounts of whole grains and refined grains, expressed as a percentage of total grains, are conspicuously disclosed in immediate proximity to the most prominent descriptive phrase, term, or representation using a font color and formatting of equivalent prominence to the descriptive phrase, term, or representation with respect to whole grain content, or unless 100 percent of the grains in the food are whole grains. ``(bb) Amount of Fruit.-- ``(1) In general.--If, in the case of food other than a dietary supplement, the principal display panel bears-- ``(A) the term `fruit', `fruity', `froot', `frooty', or `fruit-flavored'; ``(B) representations, depictions, or images of such ingredients; or ``(C) any similar descriptive phrases, terms, or representations suggesting the product contains fruit or any specific type of fruit, unless the quantity per serving and form of fruit, including only the nutrient-dense forms, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of fruit. ``(2) Quantities.--The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of fruit. ``(3) Nutrient-dense.--In this paragraph, the term `nutrient-dense', with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. ``(cc) Amount of Vegetables.-- ``(1) In general.--If, in the case of food other than a dietary supplement, the principal display panel bears-- ``(A) the term `vegetable' or `veggie'; ``(B) representations, depictions, or images of such ingredients; or ``(C) any similar descriptive phrases, terms, or representations suggesting the product contains vegetables or any specific type of vegetable, unless the quantity per serving and form of vegetable, including only the nutrient-dense form, is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, and in immediate proximity to the most prominent term, representation, depiction, or image of vegetable. ``(2) Quantities.--The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. ``(3) Nutrient-dense.--In this paragraph, the term `nutrient-dense', with respect to the form of an ingredient derived from a vegetable, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. ``(dd) Amount of Yogurt.-- ``(1) In general.--If, in the case of food other than a dietary supplement, the principal display panel bears the term `yogurt', unless-- ``(A) the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or ``(B) the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. ``(2) Quantities.--The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of yogurt.''. (c) Coloring and Flavoring.--Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (b), is further amended by adding at the end the following: ``(ee) Coloring and Flavoring.--If, in the case of food other than a dietary supplement, it bears or contains any artificial dye, or any added artificial or natural flavoring, unless such fact is prominently stated on the principal display panel of the packaging of the food. For the purposes of this paragraph, the term `artificial dye' refers to a batch-certified dye certified under part 74 of title 21, Code of Federal Regulations (or any successor regulations).''. (d) Sweeteners.--Section 403 of the Federal Food, Drug, and Cosmetic Act, as amended by subsection (c), is further amended by adding at the end the following: ``(ff) Sweeteners.--If, in the case of food other than a dietary supplement, it bears or contains any added artificial or natural noncaloric sweetener, unless such fact is prominently stated on the principal display panel of the packaging of the food.''. (e) Construction.--Nothing in this section, including any amendment made by this section, shall be construed as-- (1) affecting any requirement in regulation in effect as of the date of the enactment of this Act with respect to matters that are required to be stated on the principal display panel of a package or container of food that is not required by an amendment made by this section; or (2) restricting the authority of the Secretary of Health and Human Services to require additional information be disclosed on such a principal display panel. SEC. 3. CLAIMS FOR CONVENTIONAL FOODS. (a) Health-Related Claims.-- (1) In general.--Section 403(r)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(1)(B)) is amended by inserting after ``health-related condition'' the following: ``, describes the effect that a nutrient may have on the structure or function of the human body, characterizes the documented mechanism by which that nutrient acts to maintain such structure or function, or describes general well-being from consumption of that nutrient,''. (2) Substantiation of claim.--Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)) is amended-- (A) by redesignating subparagraph (7) as subparagraph (8); and (B) by inserting after subparagraph (6) the following: ``(7) If the Secretary requests that a claim under subparagraph (1)(B) for food (other than a dietary supplement) be substantiated, then not later than 90 days after the date on which the Secretary makes such request, the manufacturer shall provide to the Secretary all documentation in the manufacturer's possession relating to the claim.''. (3) Incompatible with maintaining healthy dietary practices.--Section 403(r)(3)(A)(ii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(2)(B)) is amended by striking ``increases to persons in the general population the risk of a disease or health-related condition which is diet related'' and inserting ``may not be compatible with maintaining healthy dietary practices''. (b) Nutrient Content Claims.-- (1) In general.--Section 403(r)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(2)) is amended by striking clause (B) and inserting the following: ``(B) If a claim described in subparagraph (1)(A) is made with respect to a nutrient in a food and the Secretary makes a determination that the food contains a nutrient at a level that may not be compatible with maintaining healthy dietary practices, the label or labeling of such food shall contain, prominently and in immediate proximity to such claim, a statement which indicates the food is high in such nutrient.''. (2) Revisions to regulations.--In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise section 101.13(h) of title 21, Code of Federal Regulations, by-- (A) updating the level of sodium requiring disclosure to align with the Daily Reference Value for sodium established in the final rule entitled ``Food Labeling: Revision of the Nutrition and Supplement Facts Labels'' published by the Food and Drug Administration on May 27, 2016 (81 Fed. Reg. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied ``low added sugar'' claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less). (c) Trans Fats.--Section 403(r)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(r)(2)(A)) is amended-- (1) by redesignating subclauses (v) and (vi) as subclauses (vi) and (vii), respectively; and (2) by inserting after subclause (iv) the following new subclause: ``(v) may not be made with respect to the level of trans fats in the food, except on the Nutrition Facts Panel, unless the food contains less than one gram of saturated fat per serving or, if the food contains more than one gram of saturated fat per serving, unless the label or labeling of the food discloses the level of saturated fat in the food in immediate proximity to such claim and with appropriate prominence which shall be no less than one-half the size of the claim with respect to the level of trans fats,''. (d) Added Sugars.--Not more than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate a final rule revising section 101.14 of title 21, Code of Federal Regulations, to include a disqualifying nutrient level for added sugars. SEC. 4. USE OF SPECIFIC TERMS. (a) Use of the Term ``Natural''.-- (1) In general.--In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations-- (A) relating to use of the term ``natural'' on the labeling of food (other than a dietary supplement); (B) specifically addressing the use of such term on the principal display panel and the information panel; and (C) requiring that any such use includes a prominent disclosure explaining what the term ``natural'' does and does not mean in terms of ingredients and manufacturing processes. (2) Definition.--The regulations promulgated pursuant to paragraph (1) shall define the term ``natural''-- (A) to exclude, at a minimum, the use of any artificial food or ingredient (including any artificial flavor or added color); and (B) based on data, including data on consumers' understanding of the term as used in connection with food. (3) Process.--In promulgating the regulations required by paragraph (1), the Secretary of Health and Human Services shall-- (A) conduct consumer surveys and studies and issue a timely call for relevant public submissions regarding relevant consumer research, including with respect to consumer understanding of the term ``natural'' in relation to the term ``organic''; and (B) fully consider the results of such surveys and studies, as well as such public submissions. (b) Use of Term ``Healthy''.-- (1) Added sugars and whole grains.-- (A) In general.--In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include regulations to revise the regulations under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) relating to the use of the term ``healthy'' on the labeling of a food (other than a dietary supplement) to take into account the extent to which such food contains added sugars or whole grains. (B) Requirement.--In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be ``healthy'' unless 100 percent of the grains are whole grains. (2) Sodium.--In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise the regulations under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) relating to the use of the term ``healthy'' on the labeling of a food (other than a dietary supplement) to align labeling requirements related to sodium with the daily value for sodium in the most recent Dietary Guidelines for Americans. (3) Principles for implementing regulations.--In promulgating regulations under paragraphs (1) and (2) regarding the use of the term ``healthy'', the Secretary of Health and Human Services shall-- (A) consider both food and nutrient criteria; and (B) if requiring food labeled as ``healthy'' to contain healthful ingredients-- (i) consider only ingredients that make up the core of a healthy eating pattern; and (ii) consider these ingredients only in their nutrient-dense forms (as such term in defined in paragraphs (bb) and (cc) of section 403 of the Federal Food, Drug, and Cosmetic Act, as added by section 2(b) of this Act). SEC. 5. FORMAT OF INGREDIENT LIST. (a) In General.--In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall include requirements for the format of the information required under section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(i))-- (1) for the purpose of improving the readability of such information on the label of the food (other than a dietary supplement); and (2) that are, as determined by the Secretary, necessary to assist consumers in maintaining healthy dietary practices. (b) Format Requirements.--The format requirements described in subsection (a) shall include requirements for font size, uppercase and lowercase characters, serif and noncondensed font types, high-contrast between text and background, and bullet points between adjacent ingredients with appropriate exemptions for small packages or other considerations. (c) Enforcement of Ingredient List.--Not later than 2 years after the enactment of this Act, and every 2 years thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the Secretary's enforcement of-- (1) section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(i)), including with respect to the regulations described in subsection (a); and (2) regulations of the Food and Drug Administration on labeling of ingredients in section 101.4 of title 21, Code of Federal Regulations. SEC. 6. DECLARATION OF PHOSPHORUS IN THE INGREDIENT LIST. Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 2(d), is further amended by adding at the end the following: ``(gg) Phosphorus Content.--If it is a food intended for human consumption that is offered for sale and contains phosphorus, unless-- ``(1) the phrase `contains phosphorus', along with the quantity of phosphorus in the product, reported in milligrams per serving, is printed immediately after or is adjacent to the list of ingredients required under paragraphs (g) and (i), in a type size no smaller than the type size used in the list of ingredients; or ``(2) the quantity of phosphorus contained in the product, in milligrams, is reported in the Nutrition Facts Panel.''. SEC. 7. CAFFEINE CONTENT ON INFORMATION PANEL. Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(i)) is amended-- (1) by striking ``and (2)'' and inserting ``(2)''; (2) by striking ``and if the food purports'' and inserting ``, (3) if the food purports''; and (3) by inserting ``, and (4) if the food is food other than a dietary supplement and contains at least 10 milligrams of caffeine from all sources per serving, a statement (with appropriate prominence near the statement of ingredients required by this paragraph) of the number of milligrams of caffeine contained in one serving of the food and the size of such serving'' after ``vegetable juice contained in the food''. SEC. 8. FOOD ALLERGEN LABELING. (a) In General.--Section 201(qq) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(qq)) is amended by adding at the end the following: ``(3) Any other food ingredient that the Secretary determines by regulation to be a major food allergen, based on the prevalence and severity of allergic reactions to the food ingredient.''. (b) Update to Compliance Policy Guide.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall update the Food and Drug Administration's Compliance Policy Guide, section 555.250, to conform with applicable laws related to major food allergens and gluten-containing grains, including requirements under sections 9 and 10 of this Act. SEC. 9. INFORMATION ABOUT MAJOR FOOD ALLERGENS AND GLUTEN-CONTAINING GRAINS. (a) In General.--Section 403(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(w)) is amended-- (1) in subparagraph (1)(A), by striking ``is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under subsections (g) and (i)'' and inserting ``is printed as specified in subparagraph (8)''; (2) in subparagraph (1)(B), by striking ``in the list of ingredients required under subsections (g) and (i)'' and inserting ``as so printed''; (3) in subparagraph (3), by striking ``The information'' and inserting ``Subject to subparagraph (8)(B), the information''; and (4) by adding at the end the following: ``(8) The information required by subparagraph (1) to be conveyed to the consumer shall be-- ``(A) printed immediately after or adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients) required under paragraphs (g) and (i); or ``(B) in the case of a nonpackaged food being offered for sale at retail, and not subject to the requirements of paragraphs (g) and (i), placed on a sign adjacent to the food (in a type size no smaller than the name of the food item).''; (5) by inserting ``or gluten-containing grain'' after each reference to ``food allergen'' in subparagraphs (1), (2), (4), and (7); and (6) in subparagraph (7)(A)-- (A) by striking ``paragraph (6)'' and inserting ``subparagraph (6)''; and (B) by striking ``allergen labeling requirements of this subsection'' and inserting ``allergen and gluten- containing grain labeling requirements of this paragraph''. (b) Hazard Analysis and Preventive Controls.--Section 418 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350g) is amended-- (1) in subsection (b)(1)(A), by inserting ``gluten- containing grains,'' after ``allergens,''; and (2) in subsubsection (o)(3)(D), by inserting ``and gluten- containing grain'' after ``allergen,''. (c) Inspections Relating to Food Allergens.--Section 205 of the Food Allergen Labeling and Consumer Protection Act of 2004 (21 U.S.C. 374a) is amended by inserting ``and gluten-containing grains,'' after ``allergens'' each place it appears. SEC. 10. SUBMISSION AND AVAILABILITY OF FOOD LABEL INFORMATION. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 403C of such Act (21 U.S.C. 343-3) the following: ``SEC. 403D. SUBMISSION AND AVAILABILITY OF FOOD LABEL INFORMATION. ``(a) Submissions.-- ``(1) Requirement.--The Secretary shall require the manufacturer or importer of any food that is introduced or delivered for introduction into interstate commerce in package form to submit to the Secretary all information to be included in the label of the food, including-- ``(A) the nutrition facts panel; ``(B) the ingredients list; ``(C) an image of the principal display panel; ``(D) major allergens and gluten-containing grains; ``(E) claims under section 403(r)(1)(A) (commonly known as `nutrient-content claims'); ``(F) claims under section 403(r)(1)(B) (commonly known as `health-related claims'); and ``(G) other relevant information required by law to be published in the labeling of the food. ``(2) Updates.--The Secretary shall require the manufacturer or importer of food to update or supplement the information submitted under paragraph (1) with respect to the food in order to keep the information up-to-date and complete. ``(3) Civil penalty.--Whoever knowingly violates paragraph (1) with respect to any food shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such violation continues with respect to such food. ``(b) Public Database.--The Secretary shall establish and maintain a public database containing the information submitted under this section that-- ``(1) is available to the public through the website of the Food and Drug Administration; and ``(2) allows members of the public to easily search and sort information.''. SEC. 11. STANDARDS OF IDENTITY. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall-- (1) review standards of identity prescribed by regulation which require foods to contain-- (A) minimum levels of nutrients that the Secretary determines are strongly associated with public health concerns; or (B) minimum levels of ingredients containing high levels of such nutrients; and (2) report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the findings of such review. (b) Amendments.--In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall amend standards of identity regulations to-- (1) provide for the use of salt substitutes where appropriate; and (2) require that yogurt, lowfat yogurt, and nonfat yogurt contain a minimum level of live and active cultures per gram. SEC. 12. STUDY ON FORTIFICATION OF CORN MASA FLOUR. Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to Congress on the effect of the final rule titled ``Food Additives Permitted for Direct Addition to Food for Human Consumption; Folic Acid'' published by the Food and Drug Administration on April 15, 2016 (81 Fed. Reg. 22176) on folic acid intake in the United States population by race and ethnicity, comparing actual exposure with modeled exposure estimates from the final rule. SEC. 13. SUGAR ALCOHOLS AND ISOLATED FIBERS. Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 6, is further amended by adding at the end the following: ``(hh) Allulose, Polydextrose, Sugar Alcohols, and Isolated Fibers.--If it is a food intended for human consumption that is offered for sale and contains allulose, polydextrose, sugar alcohols, or isolated fibers, unless such fact is prominently stated on the principal display panel of the packaging of the food. The Secretary shall by regulation establish quantities above which such labeling shall include a warning that the food contains a level of allulose, polydextrose, sugar alcohols, or isolated fibers per serving determined by the Secretary to cause deleterious health effects.''. SEC. 14. INFANT AND TODDLER BEVERAGES. In promulgating the regulations required by section 18, the Secretary of Health and Human Services shall revise-- (1) section 101.3 of title 21, Code of Federal Regulations, to prohibit any beverage in powder or liquid form, other than infant formula, represented or purported to be for use by children more than 12 months old, from being identified as ``infant formula'' or use the term ``formula'' in combination with any other term; and (2) part 102 of title 21, Code of Federal Regulations, so that-- (A) in the case of any powdered or liquid milk- based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall-- (i) use as its common or usual name a descriptive term such as ``milk-based drink''; and (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name a qualifying term such as ``sweetened'' or ``flavored''; (B) in the case of any powdered or liquid nondairy- milk-based beverage that claims to be for consumption by children 12 to 36 months of age, such beverage shall-- (i) use as its common or usual name an appropriately descriptive term identifying the source of protein, such as ``soy-based drink powder for 12-36 month olds''; and (ii) if the beverage contains added sugars, nonnutritive sweeteners, or flavorings, include in such common or usual name qualifying terms such as ``sweetened'' and ``flavored'' when applicable; and (C) the labeling of a beverage described in subparagraph (A) or (B) shall-- (i) contain a disclaimer that-- (I) cautions against consumption of the beverage by infants, such as ``DO NOT SERVE TO INFANTS UNDER 12 MONTHS OLD''; and (II) such beverages are not recommended for children 12 to 24 months of age and such consumption of such beverages is not required for a healthy diet, such as ``This product contains added sugars. The Dietary Guidelines for Americans recommend to avoid food and beverages with added sugars for children younger than 24 months of age.''; and (ii) not contain any statement suggesting a recommended intake of such beverages, such as ``one cup a day''. SEC. 15. FORMATTING OF INFORMATION ON PRINCIPAL DISPLAY PANELS. The Secretary of Health and Human Services shall-- (1) not later than 2 years after the date of enactment of this Act, conduct a study on the legibility of food labeling to determine updated recommendations for text size and color contrast that make food labeling information visually accessible to the majority of consumers; (2) not later than 1 year after the completion of the study under paragraph (1), issue proposed regulations revising section 101.2(c) of title 21, Code of Federal Regulations, to-- (A) set the scale of text size, taking into consideration the results of the study conducted under paragraph (1); and (B) establish new requirements for text and background color contrast, taking into consideration the results of the study conducted under paragraph (1); and (3) not later than 2 years after the completion of the study under paragraph (1), finalize such proposed regulations. SEC. 16. SALE OF FOOD ONLINE. Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343), as amended by section 13, is further amended by adding at the end the following: ``(ii) Sale of Food Online.-- ``(1) In general.--If it is a food offered for sale online, unless all information required to appear on the label or labeling under this section is available to consumers at the online point of selection prior to purchasing the food. ``(2) Form and manner.--The Secretary shall by regulation specify the format and manner in which the information required under subparagraph (1) is to be made available online to consumers. ``(3) Exemption.--A food shall be exempt from the requirements of this paragraph if it is a food that is offered for sale by a retailer with annual gross sales of not more than $500,000, or with annual gross sales of foods or dietary supplements to consumers of not more than $50,000, so long as such retailers do not provide nutrition information or make a nutrient content or health claim at the online point of purchase.''. SEC. 17. DEFINITIONS. (a) Definitions Applicable in This Act.--In this Act, the terms ``food'' and ``dietary supplement'' have the meanings given to such terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (b) Definitions Applicable in the Federal Food, Drug, and Cosmetic Act.--Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(ss) The term `artificial', with respect to food or any ingredient of food, means-- ``(1) food or an ingredient that is synthetically produced whether or not it has the same chemical structure as a naturally occurring food or ingredient; ``(2) food or an ingredient that has undergone chemical changes through the introduction of synthetic chemicals or processing aids (such as corn syrup, high-fructose corn syrup, high-maltose corn syrup, maltodextrin, chemically modified starch, and cocoa processed with alkali), excluding-- ``(A) food or an ingredient that has undergone traditional processes used to make food edible, to preserve food, or to make food safe for human consumption (such as smoking, roasting, freezing, drying, and fermenting processes); or ``(B) food or an ingredient that has undergone traditional physical processes that do not fundamentally alter the raw product or which only separate a whole intact food into component parts (such as grinding grains, separating eggs into albumen and yolk, or pressing fruits to produce juice); or ``(3) any food or ingredient that the Secretary specifies by regulation to be artificial for purposes of this Act. ``(tt) The term `synthetic', with respect to a substance in food or any ingredient of food, means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant, animal, or mineral source, except that such term does not apply to a substance created by naturally occurring biological processes. ``(uu) The term `gluten-containing grains' means any one of the following grains (or any crossbred hybrid thereof): ``(1) Wheat, including any species belonging to the genus Triticum. ``(2) Rye, including any species belonging to the genus Secale. ``(3) Barley, including any species belonging to the genus Hordeum. ``(vv) The term `gluten' means the proteins that-- ``(1) naturally occur in a gluten-containing grain; and ``(2) may cause adverse health effects in persons with celiac disease. ``(ww) The term `online' means on or by any system of data communication and transmission, such as the internet. ``(xx) The term `online point of selection' means any space in which consumers are allowed to purchase food online, including websites, e-commerce platforms, web applications, and mobile applications.''. SEC. 18. REGULATIONS; DELAYED APPLICABILITY. (a) Regulations.-- (1) Proposed regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue proposed regulations to carry out sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) and the amendments made by such sections. (2) Final regulations.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the regulations proposed pursuant to paragraph (1). (3) Failure to issue final regulation.--If the Secretary of Health and Human Services does not issue a final regulation as required by paragraph (2) by the deadline specified in such paragraph, the corresponding proposed regulation shall become final on such deadline. (b) Delayed Applicability.--The amendments made by sections 2, 3, 4, 5(a), 6, 7, 9, 10, 11, 13, 14, 16, and 17(b) apply beginning on the date that is 3 years after the date of enactment of this Act. <all>

Food Labeling Modernization Act of 2021

A bill to amend the Federal Food, Drug, and Cosmetic Act to strengthen requirements related to nutrient information on food labels, and for other purposes.

Food Labeling Modernization Act of 2021

Sen. Blumenthal, Richard

D

CT

This bill imposes additional labeling requirements for food and addresses related issues. A food intended for human consumption must include on its principal display panel a summary of nutritional information using a system that (1) clearly distinguishes between products of greater or lesser nutritional value; and (2) uses standardized symbols to provide warning about products that are high in certain substances, such as trans fats. The Food and Drug Administration (FDA) must promulgate regulations establishing the requirements for such a system. Labels that use certain terms, such as whole wheat, fruit, or vegetable, must include additional information, such as the amount or quantity of that item in the food. The FDA must promulgate certain regulations relating to the use of the terms natural or healthy on food labels. The bill also imposes labeling requirements for certain foods that contain added coloring, added flavoring, phosphorus, caffeine, gluten, allulose, polydextrose, sugar alcohols, or isolated fibers. The FDA may, by regulation, deem a food ingredient to be a major food allergen. The FDA must also impose certain restrictions on the types of beverages that may be identified as infant formula or formula. The FDA must require food manufacturers to submit all information on the label of a food offered for sale in package form and update such submissions as necessary. The information must be made available in a public database on the FDA's website.

SHORT TITLE; TABLE OF CONTENTS. 1. Claims for conventional foods. Use of specific terms. Format of ingredient list. Food allergen labeling. Submission and availability of food label information. Standards of identity. Study on fortification of corn masa flour. Sugar alcohols and isolated fibers. Infant and toddler beverages. Formatting of information on principal display panels. Sale of food online. Definitions. Sec. Regulations; delayed applicability. 2. ``(C) The information shall appear on all products that are required to bear nutrition labeling. ``(E) The implementation of the information disclosure should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary.''. ``(3) Nutrient-dense.--In this paragraph, the term `nutrient-dense', with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. ``(2) Quantities.--The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. 3. 343(r)(2)(B)) is amended by striking ``increases to persons in the general population the risk of a disease or health-related condition which is diet related'' and inserting ``may not be compatible with maintaining healthy dietary practices''. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied ``low added sugar'' claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less). 4. (B) Requirement.--In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be ``healthy'' unless 100 percent of the grains are whole grains. 5. 6. 7. Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 8. 9. 374a) is amended by inserting ``and gluten-containing grains,'' after ``allergens'' each place it appears. 10. 343-3) the following: ``SEC. 11. 12. 13. 14. 16. 17. 18.

SHORT TITLE; TABLE OF CONTENTS. 1. Claims for conventional foods. Use of specific terms. Format of ingredient list. Food allergen labeling. Submission and availability of food label information. Standards of identity. Study on fortification of corn masa flour. Sugar alcohols and isolated fibers. Infant and toddler beverages. Formatting of information on principal display panels. Sale of food online. Definitions. Sec. Regulations; delayed applicability. 2. ``(C) The information shall appear on all products that are required to bear nutrition labeling. ``(3) Nutrient-dense.--In this paragraph, the term `nutrient-dense', with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. ``(2) Quantities.--The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. 3. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied ``low added sugar'' claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less). 4. (B) Requirement.--In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be ``healthy'' unless 100 percent of the grains are whole grains. 5. 6. 7. Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 8. 9. 374a) is amended by inserting ``and gluten-containing grains,'' after ``allergens'' each place it appears. 10. 343-3) the following: ``SEC. 11. 12. 13. 14. 16. 17. 18.

SHORT TITLE; TABLE OF CONTENTS. 1. Claims for conventional foods. Use of specific terms. Format of ingredient list. Food allergen labeling. Submission and availability of food label information. Standards of identity. Study on fortification of corn masa flour. Sugar alcohols and isolated fibers. Infant and toddler beverages. Formatting of information on principal display panels. Sale of food online. Definitions. Sec. Regulations; delayed applicability. 2. This system shall include-- ``(i) a warning symbol or symbols for products high in saturated or trans fats, sodium, added sugars, and any other nutrients the consumption of which should be limited or discouraged; and ``(ii) a stop-light, points, star, or other commonly recognized signaling system to scale or rank foods according to their overall health value. ``(C) The information shall appear on all products that are required to bear nutrition labeling. ``(E) The implementation of the information disclosure should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary.''. ``(3) Nutrient-dense.--In this paragraph, the term `nutrient-dense', with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. ``(2) Quantities.--The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. 3. 343(r)(2)(B)) is amended by striking ``increases to persons in the general population the risk of a disease or health-related condition which is diet related'' and inserting ``may not be compatible with maintaining healthy dietary practices''. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied ``low added sugar'' claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less). 4. (B) Requirement.--In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be ``healthy'' unless 100 percent of the grains are whole grains. 5. 6. 343), as amended by section 2(d), is further amended by adding at the end the following: ``(gg) Phosphorus Content.--If it is a food intended for human consumption that is offered for sale and contains phosphorus, unless-- ``(1) the phrase `contains phosphorus', along with the quantity of phosphorus in the product, reported in milligrams per serving, is printed immediately after or is adjacent to the list of ingredients required under paragraphs (g) and (i), in a type size no smaller than the type size used in the list of ingredients; or ``(2) the quantity of phosphorus contained in the product, in milligrams, is reported in the Nutrition Facts Panel.''. 7. Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 8. 9. 374a) is amended by inserting ``and gluten-containing grains,'' after ``allergens'' each place it appears. 10. 343-3) the following: ``SEC. 11. 12. 13. 14. ''; and (ii) not contain any statement suggesting a recommended intake of such beverages, such as ``one cup a day''. 15. 16. 17. 321). ``(tt) The term `synthetic', with respect to a substance in food or any ingredient of food, means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant, animal, or mineral source, except that such term does not apply to a substance created by naturally occurring biological processes. 18. (2) Final regulations.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the regulations proposed pursuant to paragraph (1).

SHORT TITLE; TABLE OF CONTENTS. 1. Additional requirements for front-of-package labeling for foods. Claims for conventional foods. Use of specific terms. Format of ingredient list. Food allergen labeling. Submission and availability of food label information. Standards of identity. Study on fortification of corn masa flour. Sugar alcohols and isolated fibers. Infant and toddler beverages. Formatting of information on principal display panels. Sale of food online. Definitions. Sec. Regulations; delayed applicability. 2. This system shall include-- ``(i) a warning symbol or symbols for products high in saturated or trans fats, sodium, added sugars, and any other nutrients the consumption of which should be limited or discouraged; and ``(ii) a stop-light, points, star, or other commonly recognized signaling system to scale or rank foods according to their overall health value. ``(C) The information shall appear on all products that are required to bear nutrition labeling. ``(E) The implementation of the information disclosure should be accompanied by appropriate consumer education and promotion campaigns determined by the Secretary.''. ``(3) Nutrient-dense.--In this paragraph, the term `nutrient-dense', with respect to the form of an ingredient derived from a fruit, means the whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrate form, and not concentrates, powders, and other ingredients that are not whole, cut, dried, pulp, puree, 100-percent juice, or fully reconstituted concentrates. ``(2) Quantities.--The Secretary shall by regulation establish quantities below which such declaration shall state that the food does not contain any full serving of vegetable. ``(dd) Amount of Yogurt.-- ``(1) In general.--If, in the case of food other than a dietary supplement, the principal display panel bears the term `yogurt', unless-- ``(A) the quantity per serving of yogurt is declared on the principal display panel in a common household measure that is appropriate to the food, conspicuously, in immediate proximity to the term; or ``(B) the first ingredient is cultured milk, cultured cream, cultured partially skimmed milk, or cultured skim milk. For the purposes of this paragraph, the term `artificial dye' refers to a batch-certified dye certified under part 74 of title 21, Code of Federal Regulations (or any successor regulations).''. 3. 343(r)(2)(B)) is amended by striking ``increases to persons in the general population the risk of a disease or health-related condition which is diet related'' and inserting ``may not be compatible with maintaining healthy dietary practices''. 33741); (B) including a level of added sugars requiring disclosure based on the Daily Reference Value for added sugars established in the final rule described in subparagraph (A); (C) eliminating the requirement that meal products containing more than 26 grams of fat and main dish products containing 19.5 grams of fat per labeled serving must disclose that fat is present in the food; and (D) authorizing the use of express and implied ``low added sugar'' claims on products containing 3 grams of added sugars or less per reference amount customarily consumed (or per 50 grams if the reference amount customarily consumed is 30 grams or less or 2 tablespoons or less). 4. (B) Requirement.--In making the revisions required by subparagraph (A) in the case of a food (other than a dietary supplement) that contains grains, the Secretary of Health and Human Services shall not consider the food to be ``healthy'' unless 100 percent of the grains are whole grains. 301 et seq.) 5. 6. 343), as amended by section 2(d), is further amended by adding at the end the following: ``(gg) Phosphorus Content.--If it is a food intended for human consumption that is offered for sale and contains phosphorus, unless-- ``(1) the phrase `contains phosphorus', along with the quantity of phosphorus in the product, reported in milligrams per serving, is printed immediately after or is adjacent to the list of ingredients required under paragraphs (g) and (i), in a type size no smaller than the type size used in the list of ingredients; or ``(2) the quantity of phosphorus contained in the product, in milligrams, is reported in the Nutrition Facts Panel.''. 7. Section 403(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 8. 9. 374a) is amended by inserting ``and gluten-containing grains,'' after ``allergens'' each place it appears. 10. 343-3) the following: ``SEC. ``(b) Public Database.--The Secretary shall establish and maintain a public database containing the information submitted under this section that-- ``(1) is available to the public through the website of the Food and Drug Administration; and ``(2) allows members of the public to easily search and sort information.''. 11. 12. Reg. 13. 14. The Dietary Guidelines for Americans recommend to avoid food and beverages with added sugars for children younger than 24 months of age. ''; and (ii) not contain any statement suggesting a recommended intake of such beverages, such as ``one cup a day''. 15. 16. 17. 321). ``(tt) The term `synthetic', with respect to a substance in food or any ingredient of food, means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from a naturally occurring plant, animal, or mineral source, except that such term does not apply to a substance created by naturally occurring biological processes. ``(2) Rye, including any species belonging to the genus Secale. 18. (2) Final regulations.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the regulations proposed pursuant to paragraph (1).

H.R.4608

Taxation

Growth and Opportunities Act of 2021 This bill permits qualified opportunity zones to be designated every 10 years. A qualified opportunity zone is an economically distressed or low-income area in which tax incentives are available to promote investment. Under current law, the existing zone designations expire after 10 years, and no additional designations are allowed.

To amend the Internal Revenue Code of 1986 to provide for designation of qualified opportunity zones every 10 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Growth and Opportunities Act of 2021''. SEC. 2. DESIGNATION OF QUALIFIED OPPORTUNITY ZONES EVERY 10 YEARS. (a) In General.--Section 1400Z-1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Designation of Zones Every 10 Years.-- ``(1) Second round of designations.--Concurrently with the application of the provisions of this section without regard to this subsection, as of January 1, 2027, the provisions of this section shall be reapplied-- ``(A) as though such provisions were enacted on such date, and ``(B) by substituting such date for-- ``(i) `the date of the enactment of Public Law 115-97' in subsection (b)(3), and ``(ii) `the date of the enactment of the Tax Cuts and Jobs Act' in subsection (c)(2)(B). ``(2) Subsequent rounds of designations.--Paragraph (1) shall be reapplied as of the first date that no designation of a qualified opportunity zone from the preceding round of designations remains in effect by reason of the application of subsection (f) to such round of designations. ``(3) Redesignations permitted.--Nothing in this subsection shall be construed to prevent the designation of a tract as a qualified opportunity zone merely because such tract was previously designated as such a zone if such tract otherwise meets the requirements for such designation as of the time of such subsequent designation.''. (b) Application Rules for Investment in Opportunity Zones.--Section 1400Z-2 of such Code is amended by adding at the end the following new subsection: ``(g) Application for Gains in Subsequent Rounds of Designations.-- ``(1) In general.--In the case of gain from the sale or exchange of property after December 31, 2026-- ``(A) the taxpayer may make an election under subsection (a) with respect to such sale or exchange, and ``(B) subsections (a)(2)(B) and (b)(1)(B) shall be applied by substituting `the applicable date' for `December 31, 2026'. ``(2) Applicable date.--For purposes of paragraph (1), the applicable date with respect to any sale or exchange shall be-- ``(A) December 31, 2034, or ``(B) in the case of any sale or exchange after the most recently past date determined under this paragraph, the December 31 of the seventh year beginning after each instance paragraph (1) of section 1400Z-1(g) is reapplied by reason of paragraph (2) thereof.''. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. <all>

Growth and Opportunities Act of 2021

To amend the Internal Revenue Code of 1986 to provide for designation of qualified opportunity zones every 10 years.

Growth and Opportunities Act of 2021

Rep. Steel, Michelle

R

CA

This bill permits qualified opportunity zones to be designated every 10 years. A qualified opportunity zone is an economically distressed or low-income area in which tax incentives are available to promote investment. Under current law, the existing zone designations expire after 10 years, and no additional designations are allowed.

To amend the Internal Revenue Code of 1986 to provide for designation of qualified opportunity zones every 10 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Growth and Opportunities Act of 2021''. SEC. 2. DESIGNATION OF QUALIFIED OPPORTUNITY ZONES EVERY 10 YEARS. (a) In General.--Section 1400Z-1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Designation of Zones Every 10 Years.-- ``(1) Second round of designations.--Concurrently with the application of the provisions of this section without regard to this subsection, as of January 1, 2027, the provisions of this section shall be reapplied-- ``(A) as though such provisions were enacted on such date, and ``(B) by substituting such date for-- ``(i) `the date of the enactment of Public Law 115-97' in subsection (b)(3), and ``(ii) `the date of the enactment of the Tax Cuts and Jobs Act' in subsection (c)(2)(B). ``(2) Subsequent rounds of designations.--Paragraph (1) shall be reapplied as of the first date that no designation of a qualified opportunity zone from the preceding round of designations remains in effect by reason of the application of subsection (f) to such round of designations. ``(3) Redesignations permitted.--Nothing in this subsection shall be construed to prevent the designation of a tract as a qualified opportunity zone merely because such tract was previously designated as such a zone if such tract otherwise meets the requirements for such designation as of the time of such subsequent designation.''. (b) Application Rules for Investment in Opportunity Zones.--Section 1400Z-2 of such Code is amended by adding at the end the following new subsection: ``(g) Application for Gains in Subsequent Rounds of Designations.-- ``(1) In general.--In the case of gain from the sale or exchange of property after December 31, 2026-- ``(A) the taxpayer may make an election under subsection (a) with respect to such sale or exchange, and ``(B) subsections (a)(2)(B) and (b)(1)(B) shall be applied by substituting `the applicable date' for `December 31, 2026'. ``(2) Applicable date.--For purposes of paragraph (1), the applicable date with respect to any sale or exchange shall be-- ``(A) December 31, 2034, or ``(B) in the case of any sale or exchange after the most recently past date determined under this paragraph, the December 31 of the seventh year beginning after each instance paragraph (1) of section 1400Z-1(g) is reapplied by reason of paragraph (2) thereof.''. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to provide for designation of qualified opportunity zones every 10 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Growth and Opportunities Act of 2021''. SEC. 2. DESIGNATION OF QUALIFIED OPPORTUNITY ZONES EVERY 10 YEARS. ``(3) Redesignations permitted.--Nothing in this subsection shall be construed to prevent the designation of a tract as a qualified opportunity zone merely because such tract was previously designated as such a zone if such tract otherwise meets the requirements for such designation as of the time of such subsequent designation.''. (b) Application Rules for Investment in Opportunity Zones.--Section 1400Z-2 of such Code is amended by adding at the end the following new subsection: ``(g) Application for Gains in Subsequent Rounds of Designations.-- ``(1) In general.--In the case of gain from the sale or exchange of property after December 31, 2026-- ``(A) the taxpayer may make an election under subsection (a) with respect to such sale or exchange, and ``(B) subsections (a)(2)(B) and (b)(1)(B) shall be applied by substituting `the applicable date' for `December 31, 2026'. ``(2) Applicable date.--For purposes of paragraph (1), the applicable date with respect to any sale or exchange shall be-- ``(A) December 31, 2034, or ``(B) in the case of any sale or exchange after the most recently past date determined under this paragraph, the December 31 of the seventh year beginning after each instance paragraph (1) of section 1400Z-1(g) is reapplied by reason of paragraph (2) thereof.''. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

To amend the Internal Revenue Code of 1986 to provide for designation of qualified opportunity zones every 10 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Growth and Opportunities Act of 2021''. SEC. 2. DESIGNATION OF QUALIFIED OPPORTUNITY ZONES EVERY 10 YEARS. (a) In General.--Section 1400Z-1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Designation of Zones Every 10 Years.-- ``(1) Second round of designations.--Concurrently with the application of the provisions of this section without regard to this subsection, as of January 1, 2027, the provisions of this section shall be reapplied-- ``(A) as though such provisions were enacted on such date, and ``(B) by substituting such date for-- ``(i) `the date of the enactment of Public Law 115-97' in subsection (b)(3), and ``(ii) `the date of the enactment of the Tax Cuts and Jobs Act' in subsection (c)(2)(B). ``(2) Subsequent rounds of designations.--Paragraph (1) shall be reapplied as of the first date that no designation of a qualified opportunity zone from the preceding round of designations remains in effect by reason of the application of subsection (f) to such round of designations. ``(3) Redesignations permitted.--Nothing in this subsection shall be construed to prevent the designation of a tract as a qualified opportunity zone merely because such tract was previously designated as such a zone if such tract otherwise meets the requirements for such designation as of the time of such subsequent designation.''. (b) Application Rules for Investment in Opportunity Zones.--Section 1400Z-2 of such Code is amended by adding at the end the following new subsection: ``(g) Application for Gains in Subsequent Rounds of Designations.-- ``(1) In general.--In the case of gain from the sale or exchange of property after December 31, 2026-- ``(A) the taxpayer may make an election under subsection (a) with respect to such sale or exchange, and ``(B) subsections (a)(2)(B) and (b)(1)(B) shall be applied by substituting `the applicable date' for `December 31, 2026'. ``(2) Applicable date.--For purposes of paragraph (1), the applicable date with respect to any sale or exchange shall be-- ``(A) December 31, 2034, or ``(B) in the case of any sale or exchange after the most recently past date determined under this paragraph, the December 31 of the seventh year beginning after each instance paragraph (1) of section 1400Z-1(g) is reapplied by reason of paragraph (2) thereof.''. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. <all>

To amend the Internal Revenue Code of 1986 to provide for designation of qualified opportunity zones every 10 years. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Growth and Opportunities Act of 2021''. SEC. 2. DESIGNATION OF QUALIFIED OPPORTUNITY ZONES EVERY 10 YEARS. (a) In General.--Section 1400Z-1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Designation of Zones Every 10 Years.-- ``(1) Second round of designations.--Concurrently with the application of the provisions of this section without regard to this subsection, as of January 1, 2027, the provisions of this section shall be reapplied-- ``(A) as though such provisions were enacted on such date, and ``(B) by substituting such date for-- ``(i) `the date of the enactment of Public Law 115-97' in subsection (b)(3), and ``(ii) `the date of the enactment of the Tax Cuts and Jobs Act' in subsection (c)(2)(B). ``(2) Subsequent rounds of designations.--Paragraph (1) shall be reapplied as of the first date that no designation of a qualified opportunity zone from the preceding round of designations remains in effect by reason of the application of subsection (f) to such round of designations. ``(3) Redesignations permitted.--Nothing in this subsection shall be construed to prevent the designation of a tract as a qualified opportunity zone merely because such tract was previously designated as such a zone if such tract otherwise meets the requirements for such designation as of the time of such subsequent designation.''. (b) Application Rules for Investment in Opportunity Zones.--Section 1400Z-2 of such Code is amended by adding at the end the following new subsection: ``(g) Application for Gains in Subsequent Rounds of Designations.-- ``(1) In general.--In the case of gain from the sale or exchange of property after December 31, 2026-- ``(A) the taxpayer may make an election under subsection (a) with respect to such sale or exchange, and ``(B) subsections (a)(2)(B) and (b)(1)(B) shall be applied by substituting `the applicable date' for `December 31, 2026'. ``(2) Applicable date.--For purposes of paragraph (1), the applicable date with respect to any sale or exchange shall be-- ``(A) December 31, 2034, or ``(B) in the case of any sale or exchange after the most recently past date determined under this paragraph, the December 31 of the seventh year beginning after each instance paragraph (1) of section 1400Z-1(g) is reapplied by reason of paragraph (2) thereof.''. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. <all>

S.3618

Government Operations and Politics

Federal Cybersecurity Oversight Act of 2022 This bill limits exemptions, and the duration of exemptions, from federal cybersecurity requirements and adds reporting requirements with respect to such exemptions. Specifically, exemptions may only be granted by the Office of Management and Budget and expire after one year.

To amend the Federal Cybersecurity Enhancement Act of 2015 to require Federal agencies to obtain exemptions from certain cybersecurity requirements in order to avoid compliance with those requirements, 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 ``Federal Cybersecurity Oversight Act of 2022''. SEC. 2. FEDERAL CYBERSECURITY REQUIREMENTS. (a) Exemption From Federal Requirements.--Section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) is amended to read as follows: ``(2) Exception.-- ``(A) In general.--A particular requirement under paragraph (1) shall not apply to an agency information system of an agency if-- ``(i) with respect to the agency information system, the head of the agency submits to the Director an application for an exemption from the particular requirement, in which the head of the agency personally certifies to the Director with particularity that-- ``(I) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the particular requirement; ``(II) the particular requirement is not necessary to secure the agency information system or agency information stored on or transiting the agency information system; and ``(III) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting the agency information system; ``(ii) the head of the agency or the designee of the head of the agency has submitted the certification described in clause (i) to the appropriate congressional committees and any other congressional committee with jurisdiction over the agency; and ``(iii) the Director grants the exemption from the particular requirement. ``(B) Duration of exemption.-- ``(i) In general.--An exemption granted under subparagraph (A) shall expire on the date that is 1 year after the date on which the Director granted the exemption. ``(ii) Renewal.--Upon the expiration of an exemption granted to an agency under subparagraph (A), the head of the agency may apply for an additional exemption.''. (b) Report on Exemptions.--Section 3554(c)(1)(A) of title 44, United States Code, is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: ``(iv) with respect to any exemption the Director of the Office of Management and Budget has granted the agency under section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) that is effective on the date of submission of the report-- ``(I) an identification of each particular requirement from which any agency information system (as defined in section 2210 of the Homeland Security Act of 2002 (6 U.S.C. 660)) is exempted; and ``(II) for each requirement identified under subclause (I)-- ``(aa) an identification of the agency information system described in subclause (I) exempted from the requirement; and ``(bb) an estimate of the date on which the agency will to be able to comply with the requirement; and''. (c) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

Federal Cybersecurity Oversight Act of 2022

A bill to amend the Federal Cybersecurity Enhancement Act of 2015 to require Federal agencies to obtain exemptions from certain cybersecurity requirements in order to avoid compliance with those requirements, and for other purposes.

Federal Cybersecurity Oversight Act of 2022

Sen. Wyden, Ron

D

OR

This bill limits exemptions, and the duration of exemptions, from federal cybersecurity requirements and adds reporting requirements with respect to such exemptions. Specifically, exemptions may only be granted by the Office of Management and Budget and expire after one year.

To amend the Federal Cybersecurity Enhancement Act of 2015 to require Federal agencies to obtain exemptions from certain cybersecurity requirements in order to avoid compliance with those requirements, 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 ``Federal Cybersecurity Oversight Act of 2022''. SEC. 2. FEDERAL CYBERSECURITY REQUIREMENTS. (a) Exemption From Federal Requirements.--Section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) is amended to read as follows: ``(2) Exception.-- ``(A) In general.--A particular requirement under paragraph (1) shall not apply to an agency information system of an agency if-- ``(i) with respect to the agency information system, the head of the agency submits to the Director an application for an exemption from the particular requirement, in which the head of the agency personally certifies to the Director with particularity that-- ``(I) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the particular requirement; ``(II) the particular requirement is not necessary to secure the agency information system or agency information stored on or transiting the agency information system; and ``(III) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting the agency information system; ``(ii) the head of the agency or the designee of the head of the agency has submitted the certification described in clause (i) to the appropriate congressional committees and any other congressional committee with jurisdiction over the agency; and ``(iii) the Director grants the exemption from the particular requirement. ``(ii) Renewal.--Upon the expiration of an exemption granted to an agency under subparagraph (A), the head of the agency may apply for an additional exemption.''. (b) Report on Exemptions.--Section 3554(c)(1)(A) of title 44, United States Code, is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: ``(iv) with respect to any exemption the Director of the Office of Management and Budget has granted the agency under section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 660)) is exempted; and ``(II) for each requirement identified under subclause (I)-- ``(aa) an identification of the agency information system described in subclause (I) exempted from the requirement; and ``(bb) an estimate of the date on which the agency will to be able to comply with the requirement; and''. (c) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of 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. SEC. 2. FEDERAL CYBERSECURITY REQUIREMENTS. (a) Exemption From Federal Requirements.--Section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) is amended to read as follows: ``(2) Exception.-- ``(A) In general.--A particular requirement under paragraph (1) shall not apply to an agency information system of an agency if-- ``(i) with respect to the agency information system, the head of the agency submits to the Director an application for an exemption from the particular requirement, in which the head of the agency personally certifies to the Director with particularity that-- ``(I) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the particular requirement; ``(II) the particular requirement is not necessary to secure the agency information system or agency information stored on or transiting the agency information system; and ``(III) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting the agency information system; ``(ii) the head of the agency or the designee of the head of the agency has submitted the certification described in clause (i) to the appropriate congressional committees and any other congressional committee with jurisdiction over the agency; and ``(iii) the Director grants the exemption from the particular requirement. ``(ii) Renewal.--Upon the expiration of an exemption granted to an agency under subparagraph (A), the head of the agency may apply for an additional exemption.''. 660)) is exempted; and ``(II) for each requirement identified under subclause (I)-- ``(aa) an identification of the agency information system described in subclause (I) exempted from the requirement; and ``(bb) an estimate of the date on which the agency will to be able to comply with the requirement; and''. (c) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act.

To amend the Federal Cybersecurity Enhancement Act of 2015 to require Federal agencies to obtain exemptions from certain cybersecurity requirements in order to avoid compliance with those requirements, 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 ``Federal Cybersecurity Oversight Act of 2022''. SEC. 2. FEDERAL CYBERSECURITY REQUIREMENTS. (a) Exemption From Federal Requirements.--Section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) is amended to read as follows: ``(2) Exception.-- ``(A) In general.--A particular requirement under paragraph (1) shall not apply to an agency information system of an agency if-- ``(i) with respect to the agency information system, the head of the agency submits to the Director an application for an exemption from the particular requirement, in which the head of the agency personally certifies to the Director with particularity that-- ``(I) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the particular requirement; ``(II) the particular requirement is not necessary to secure the agency information system or agency information stored on or transiting the agency information system; and ``(III) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting the agency information system; ``(ii) the head of the agency or the designee of the head of the agency has submitted the certification described in clause (i) to the appropriate congressional committees and any other congressional committee with jurisdiction over the agency; and ``(iii) the Director grants the exemption from the particular requirement. ``(B) Duration of exemption.-- ``(i) In general.--An exemption granted under subparagraph (A) shall expire on the date that is 1 year after the date on which the Director granted the exemption. ``(ii) Renewal.--Upon the expiration of an exemption granted to an agency under subparagraph (A), the head of the agency may apply for an additional exemption.''. (b) Report on Exemptions.--Section 3554(c)(1)(A) of title 44, United States Code, is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: ``(iv) with respect to any exemption the Director of the Office of Management and Budget has granted the agency under section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) that is effective on the date of submission of the report-- ``(I) an identification of each particular requirement from which any agency information system (as defined in section 2210 of the Homeland Security Act of 2002 (6 U.S.C. 660)) is exempted; and ``(II) for each requirement identified under subclause (I)-- ``(aa) an identification of the agency information system described in subclause (I) exempted from the requirement; and ``(bb) an estimate of the date on which the agency will to be able to comply with the requirement; and''. (c) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

To amend the Federal Cybersecurity Enhancement Act of 2015 to require Federal agencies to obtain exemptions from certain cybersecurity requirements in order to avoid compliance with those requirements, 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 ``Federal Cybersecurity Oversight Act of 2022''. SEC. 2. FEDERAL CYBERSECURITY REQUIREMENTS. (a) Exemption From Federal Requirements.--Section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) is amended to read as follows: ``(2) Exception.-- ``(A) In general.--A particular requirement under paragraph (1) shall not apply to an agency information system of an agency if-- ``(i) with respect to the agency information system, the head of the agency submits to the Director an application for an exemption from the particular requirement, in which the head of the agency personally certifies to the Director with particularity that-- ``(I) operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the particular requirement; ``(II) the particular requirement is not necessary to secure the agency information system or agency information stored on or transiting the agency information system; and ``(III) the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting the agency information system; ``(ii) the head of the agency or the designee of the head of the agency has submitted the certification described in clause (i) to the appropriate congressional committees and any other congressional committee with jurisdiction over the agency; and ``(iii) the Director grants the exemption from the particular requirement. ``(B) Duration of exemption.-- ``(i) In general.--An exemption granted under subparagraph (A) shall expire on the date that is 1 year after the date on which the Director granted the exemption. ``(ii) Renewal.--Upon the expiration of an exemption granted to an agency under subparagraph (A), the head of the agency may apply for an additional exemption.''. (b) Report on Exemptions.--Section 3554(c)(1)(A) of title 44, United States Code, is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: ``(iv) with respect to any exemption the Director of the Office of Management and Budget has granted the agency under section 225(b)(2) of the Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1523(b)(2)) that is effective on the date of submission of the report-- ``(I) an identification of each particular requirement from which any agency information system (as defined in section 2210 of the Homeland Security Act of 2002 (6 U.S.C. 660)) is exempted; and ``(II) for each requirement identified under subclause (I)-- ``(aa) an identification of the agency information system described in subclause (I) exempted from the requirement; and ``(bb) an estimate of the date on which the agency will to be able to comply with the requirement; and''. (c) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. <all>

H.R.4555

Health

Oral Health Literacy and Awareness Act of 2021 This bill requires the Health Resources and Services Administration (HRSA) to conduct a public education campaign to increase oral health literacy and awareness. HRSA must design the campaign to focus on children, pregnant women, parents, older adults, people with disabilities, and racial and ethnic minorities.

To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Literacy and Awareness Act of 2021''. SEC. 2. ORAL HEALTH LITERACY AND AWARENESS CAMPAIGN. The Public Health Service Act is amended by inserting after section 340G-1 of such Act (42 U.S.C. 256g-1) the following: ``SEC. 340G-2. ORAL HEALTH LITERACY AND AWARENESS. ``(a) Campaign.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a public education campaign (referred to in this subsection as the `campaign') across all relevant programs of the Health Resources and Services Administration (including the health center program, oral health workforce programs, maternal and child health programs, the Ryan White HIV/AIDS Program, and rural health programs) to increase oral health literacy and awareness. ``(b) Strategies.--In carrying out the campaign, the Secretary shall identify oral health literacy and awareness strategies that are evidence-based and focused on oral health care education, including education on prevention of oral disease such as early childhood and other caries, periodontal disease, and oral cancer. ``(c) Focus.--The Secretary shall design the campaign to communicate directly with specific populations, including children, pregnant women, parents, the elderly, individuals with disabilities, and ethnic and racial minority populations, including Indians, Alaska Natives, and Native Hawaiians, in a culturally and linguistically appropriate manner. ``(d) Outcomes.--In carrying out the campaign, the Secretary shall include a process for measuring outcomes and effectiveness. ``(e) Report to Congress.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the outcomes and effectiveness of the campaign. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $750,000 for each of fiscal years 2022 through 2026.''. Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

Oral Health Literacy and Awareness Act of 2021

To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness.

Oral Health Literacy and Awareness Act of 2021 Oral Health Literacy and Awareness Act of 2021 Oral Health Literacy and Awareness Act of 2021 Oral Health Literacy and Awareness Act of 2021

Rep. Cárdenas, Tony

D

CA

This bill requires the Health Resources and Services Administration (HRSA) to conduct a public education campaign to increase oral health literacy and awareness. HRSA must design the campaign to focus on children, pregnant women, parents, older adults, people with disabilities, and racial and ethnic minorities.

To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Literacy and Awareness Act of 2021''. SEC. 2. ORAL HEALTH LITERACY AND AWARENESS CAMPAIGN. The Public Health Service Act is amended by inserting after section 340G-1 of such Act (42 U.S.C. 256g-1) the following: ``SEC. 340G-2. ORAL HEALTH LITERACY AND AWARENESS. ``(a) Campaign.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a public education campaign (referred to in this subsection as the `campaign') across all relevant programs of the Health Resources and Services Administration (including the health center program, oral health workforce programs, maternal and child health programs, the Ryan White HIV/AIDS Program, and rural health programs) to increase oral health literacy and awareness. ``(b) Strategies.--In carrying out the campaign, the Secretary shall identify oral health literacy and awareness strategies that are evidence-based and focused on oral health care education, including education on prevention of oral disease such as early childhood and other caries, periodontal disease, and oral cancer. ``(c) Focus.--The Secretary shall design the campaign to communicate directly with specific populations, including children, pregnant women, parents, the elderly, individuals with disabilities, and ethnic and racial minority populations, including Indians, Alaska Natives, and Native Hawaiians, in a culturally and linguistically appropriate manner. ``(d) Outcomes.--In carrying out the campaign, the Secretary shall include a process for measuring outcomes and effectiveness. ``(e) Report to Congress.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the outcomes and effectiveness of the campaign. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $750,000 for each of fiscal years 2022 through 2026.''. Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Literacy and Awareness Act of 2021''. SEC. 2. The Public Health Service Act is amended by inserting after section 340G-1 of such Act (42 U.S.C. 256g-1) the following: ``SEC. ORAL HEALTH LITERACY AND AWARENESS. ``(a) Campaign.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a public education campaign (referred to in this subsection as the `campaign') across all relevant programs of the Health Resources and Services Administration (including the health center program, oral health workforce programs, maternal and child health programs, the Ryan White HIV/AIDS Program, and rural health programs) to increase oral health literacy and awareness. ``(b) Strategies.--In carrying out the campaign, the Secretary shall identify oral health literacy and awareness strategies that are evidence-based and focused on oral health care education, including education on prevention of oral disease such as early childhood and other caries, periodontal disease, and oral cancer. ``(c) Focus.--The Secretary shall design the campaign to communicate directly with specific populations, including children, pregnant women, parents, the elderly, individuals with disabilities, and ethnic and racial minority populations, including Indians, Alaska Natives, and Native Hawaiians, in a culturally and linguistically appropriate manner. ``(d) Outcomes.--In carrying out the campaign, the Secretary shall include a process for measuring outcomes and effectiveness. ``(e) Report to Congress.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the outcomes and effectiveness of the campaign. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $750,000 for each of fiscal years 2022 through 2026.''. Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Literacy and Awareness Act of 2021''. SEC. 2. ORAL HEALTH LITERACY AND AWARENESS CAMPAIGN. The Public Health Service Act is amended by inserting after section 340G-1 of such Act (42 U.S.C. 256g-1) the following: ``SEC. 340G-2. ORAL HEALTH LITERACY AND AWARENESS. ``(a) Campaign.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a public education campaign (referred to in this subsection as the `campaign') across all relevant programs of the Health Resources and Services Administration (including the health center program, oral health workforce programs, maternal and child health programs, the Ryan White HIV/AIDS Program, and rural health programs) to increase oral health literacy and awareness. ``(b) Strategies.--In carrying out the campaign, the Secretary shall identify oral health literacy and awareness strategies that are evidence-based and focused on oral health care education, including education on prevention of oral disease such as early childhood and other caries, periodontal disease, and oral cancer. ``(c) Focus.--The Secretary shall design the campaign to communicate directly with specific populations, including children, pregnant women, parents, the elderly, individuals with disabilities, and ethnic and racial minority populations, including Indians, Alaska Natives, and Native Hawaiians, in a culturally and linguistically appropriate manner. ``(d) Outcomes.--In carrying out the campaign, the Secretary shall include a process for measuring outcomes and effectiveness. ``(e) Report to Congress.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the outcomes and effectiveness of the campaign. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $750,000 for each of fiscal years 2022 through 2026.''. Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Public Health Service Act to authorize a public education campaign across all relevant programs of the Health Resources and Services Administration to increase oral health literacy and awareness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Oral Health Literacy and Awareness Act of 2021''. SEC. 2. ORAL HEALTH LITERACY AND AWARENESS CAMPAIGN. The Public Health Service Act is amended by inserting after section 340G-1 of such Act (42 U.S.C. 256g-1) the following: ``SEC. 340G-2. ORAL HEALTH LITERACY AND AWARENESS. ``(a) Campaign.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a public education campaign (referred to in this subsection as the `campaign') across all relevant programs of the Health Resources and Services Administration (including the health center program, oral health workforce programs, maternal and child health programs, the Ryan White HIV/AIDS Program, and rural health programs) to increase oral health literacy and awareness. ``(b) Strategies.--In carrying out the campaign, the Secretary shall identify oral health literacy and awareness strategies that are evidence-based and focused on oral health care education, including education on prevention of oral disease such as early childhood and other caries, periodontal disease, and oral cancer. ``(c) Focus.--The Secretary shall design the campaign to communicate directly with specific populations, including children, pregnant women, parents, the elderly, individuals with disabilities, and ethnic and racial minority populations, including Indians, Alaska Natives, and Native Hawaiians, in a culturally and linguistically appropriate manner. ``(d) Outcomes.--In carrying out the campaign, the Secretary shall include a process for measuring outcomes and effectiveness. ``(e) Report to Congress.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the outcomes and effectiveness of the campaign. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $750,000 for each of fiscal years 2022 through 2026.''. Passed the House of Representatives December 8, 2021. Attest: CHERYL L. JOHNSON, Clerk.

H.R.9118

Transportation and Public Works

Cruising for Alaska's Workforce Act This bill authorizes foreign vessels that carry more than 1,000 passengers (e.g., cruise ships) to transport passengers between a port in Alaska and another U.S. port, either directly or by way of a foreign port. The authorization generally expires 270 days after a notification that a U.S. vessel offers the same transport.

To permit under certain conditions the transportation of passengers between the State of Alaska and other United States ports on vessels not qualified to engage in the coastwise trade that transport more than 1,000 passengers, 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 ``Cruising for Alaska's Workforce Act''. SEC. 2. TRANSPORTATION OF PASSENGERS BETWEEN ALASKA AND OTHER PORTS IN THE UNITED STATES. (a) In General.--Chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 55124. Transportation of passengers between Alaska and other ports in the United States ``(a) Definitions.--In this section: ``(1) Certificate.--The term `certificate' means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title. ``(2) Passenger vessel.--The term `passenger vessel' means a vessel transporting more than 1,000 passengers that is of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). ``(b) Exemption.--Except as otherwise provided in this section, a vessel transporting more than 1,000 passengers that is not qualified to engage in the coastwise trade may transport passengers between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port. ``(c) Expiration of Exemption.-- ``(1) When coastwise-qualified vessel offering service.--On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. ``(2) When non-coastwise qualified vessel offering service.--On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority of a foreign vessel to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. ``(d) Delaying Expiration.--If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretary's notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service. ``(e) Reinstatement of Exemption.--If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers and the applicability of subsection (f) shall be reinstated. ``(f) Employment of Alien Crewmen.--Alien crewmen on a vessel transporting more than 1,000 passengers under the authority of subsection (b) shall be deemed to have complied with, during the voyage of such vessel, the 29-day authorized stay pursuant to their nonimmigrant visas issued pursuant to subparagraph (C) or (D) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''. (b) Conforming Amendment.--The analysis for chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``55124. Transportation of passengers between Alaska and other ports in the United States.''. <all>

Cruising for Alaska's Workforce Act

To permit under certain conditions the transportation of passengers between the State of Alaska and other United States ports on vessels not qualified to engage in the coastwise trade that transport more than 1,000 passengers, and for other purposes.

Cruising for Alaska's Workforce Act

Rep. Peltola, Mary Sattler

D

AK

This bill authorizes foreign vessels that carry more than 1,000 passengers (e.g., cruise ships) to transport passengers between a port in Alaska and another U.S. port, either directly or by way of a foreign port. The authorization generally expires 270 days after a notification that a U.S. vessel offers the same transport.

To permit under certain conditions the transportation of passengers between the State of Alaska and other United States ports on vessels not qualified to engage in the coastwise trade that transport more than 1,000 passengers, 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 ``Cruising for Alaska's Workforce Act''. SEC. TRANSPORTATION OF PASSENGERS BETWEEN ALASKA AND OTHER PORTS IN THE UNITED STATES. (a) In General.--Chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 55124. Transportation of passengers between Alaska and other ports in the United States ``(a) Definitions.--In this section: ``(1) Certificate.--The term `certificate' means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title. ``(2) Passenger vessel.--The term `passenger vessel' means a vessel transporting more than 1,000 passengers that is of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). Except as provided in subsection (d), the authority to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. ``(2) When non-coastwise qualified vessel offering service.--On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. ``(d) Delaying Expiration.--If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretary's notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service. ``(e) Reinstatement of Exemption.--If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers and the applicability of subsection (f) shall be reinstated. ``(f) Employment of Alien Crewmen.--Alien crewmen on a vessel transporting more than 1,000 passengers under the authority of subsection (b) shall be deemed to have complied with, during the voyage of such vessel, the 29-day authorized stay pursuant to their nonimmigrant visas issued pursuant to subparagraph (C) or (D) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''. (b) Conforming Amendment.--The analysis for chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``55124.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cruising for Alaska's Workforce Act''. SEC. TRANSPORTATION OF PASSENGERS BETWEEN ALASKA AND OTHER PORTS IN THE UNITED STATES. (a) In General.--Chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 55124. ``(2) Passenger vessel.--The term `passenger vessel' means a vessel transporting more than 1,000 passengers that is of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). Except as provided in subsection (d), the authority to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. ``(2) When non-coastwise qualified vessel offering service.--On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. ``(e) Reinstatement of Exemption.--If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers and the applicability of subsection (f) shall be reinstated. ``(f) Employment of Alien Crewmen.--Alien crewmen on a vessel transporting more than 1,000 passengers under the authority of subsection (b) shall be deemed to have complied with, during the voyage of such vessel, the 29-day authorized stay pursuant to their nonimmigrant visas issued pursuant to subparagraph (C) or (D) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''.

To permit under certain conditions the transportation of passengers between the State of Alaska and other United States ports on vessels not qualified to engage in the coastwise trade that transport more than 1,000 passengers, 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 ``Cruising for Alaska's Workforce Act''. SEC. 2. TRANSPORTATION OF PASSENGERS BETWEEN ALASKA AND OTHER PORTS IN THE UNITED STATES. (a) In General.--Chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 55124. Transportation of passengers between Alaska and other ports in the United States ``(a) Definitions.--In this section: ``(1) Certificate.--The term `certificate' means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title. ``(2) Passenger vessel.--The term `passenger vessel' means a vessel transporting more than 1,000 passengers that is of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). ``(b) Exemption.--Except as otherwise provided in this section, a vessel transporting more than 1,000 passengers that is not qualified to engage in the coastwise trade may transport passengers between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port. ``(c) Expiration of Exemption.-- ``(1) When coastwise-qualified vessel offering service.--On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. ``(2) When non-coastwise qualified vessel offering service.--On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority of a foreign vessel to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. ``(d) Delaying Expiration.--If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretary's notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service. ``(e) Reinstatement of Exemption.--If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers and the applicability of subsection (f) shall be reinstated. ``(f) Employment of Alien Crewmen.--Alien crewmen on a vessel transporting more than 1,000 passengers under the authority of subsection (b) shall be deemed to have complied with, during the voyage of such vessel, the 29-day authorized stay pursuant to their nonimmigrant visas issued pursuant to subparagraph (C) or (D) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''. (b) Conforming Amendment.--The analysis for chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``55124. Transportation of passengers between Alaska and other ports in the United States.''. <all>

To permit under certain conditions the transportation of passengers between the State of Alaska and other United States ports on vessels not qualified to engage in the coastwise trade that transport more than 1,000 passengers, 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 ``Cruising for Alaska's Workforce Act''. SEC. 2. TRANSPORTATION OF PASSENGERS BETWEEN ALASKA AND OTHER PORTS IN THE UNITED STATES. (a) In General.--Chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 55124. Transportation of passengers between Alaska and other ports in the United States ``(a) Definitions.--In this section: ``(1) Certificate.--The term `certificate' means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title. ``(2) Passenger vessel.--The term `passenger vessel' means a vessel transporting more than 1,000 passengers that is of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). ``(b) Exemption.--Except as otherwise provided in this section, a vessel transporting more than 1,000 passengers that is not qualified to engage in the coastwise trade may transport passengers between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port. ``(c) Expiration of Exemption.-- ``(1) When coastwise-qualified vessel offering service.--On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. ``(2) When non-coastwise qualified vessel offering service.--On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority of a foreign vessel to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. ``(d) Delaying Expiration.--If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretary's notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service. ``(e) Reinstatement of Exemption.--If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers and the applicability of subsection (f) shall be reinstated. ``(f) Employment of Alien Crewmen.--Alien crewmen on a vessel transporting more than 1,000 passengers under the authority of subsection (b) shall be deemed to have complied with, during the voyage of such vessel, the 29-day authorized stay pursuant to their nonimmigrant visas issued pursuant to subparagraph (C) or (D) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).''. (b) Conforming Amendment.--The analysis for chapter 551 of title 46, United States Code, is amended by adding at the end the following: ``55124. Transportation of passengers between Alaska and other ports in the United States.''. <all>

S.1256

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

A bill 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

Sen. Wyden, Ron

D

OR

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.5484

Finance and Financial Sector

Financial Compensation for CFPB Whistleblowers Act This bill requires the Consumer Financial Protection Bureau to provide rewards to whistleblowers who report information relating to a violation of consumer financial law resulting in certain monetary sanctions greater than or equal to $1 million. Specifically, the bureau must award compensation to whistleblowers for 10%-30% of the collected monetary sanctions. In cases where the bureau collects less than $1 million of the imposed monetary sanctions, the bureau must award any single whistleblower 10% of the amount collected or $50,000, whichever is greater. The bill also sets forth requirements regarding the legal representation of a whistleblower and provides for confidentiality regarding the whistleblower's identity.

To amend the Consumer Financial Protection Act of 2010 to provide for whistleblower incentives and protection. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Compensation for CFPB Whistleblowers Act''. SEC. 2. BUREAU WHISTLEBLOWER INCENTIVES AND PROTECTION. (a) In General.--The Consumer Financial Protection Act (12 U.S.C. 5481 et seq.) is amended by adding at the end of section 1017 the following: ``SEC. 1017A. WHISTLEBLOWER INCENTIVES AND PROTECTION. ``(a) Definitions.--In this section: ``(1) Administrative proceeding or court action.--The term `administrative proceeding or court action' means any judicial or administrative action brought by the Bureau that results in monetary sanctions greater than or equal to $1,000,000. ``(2) Fund.--The term `Fund' means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). ``(3) Monetary sanctions.--The term `monetary sanctions' means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, damages, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2). ``(4) Original information.--The term `original information' means information that-- ``(A) is derived from the independent knowledge or analysis of a whistleblower; ``(B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; ``(C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and ``(D) is not exclusively derived from an allegation made in an audit, examination, or investigation. ``(5) Successful enforcement.--The term `successful enforcement' includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. ``(6) Whistleblower.--The term `whistleblower' means any individual, or 2 or more individuals acting jointly, who provides original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section. ``(b) Awards.-- ``(1) In general.--In any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to-- ``(A) not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the action; and ``(B) not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action. ``(2) Payment of awards.--Any amount paid under paragraph (1) shall be paid from the Fund. ``(3) Award minimum.--If the Bureau is unable to collect at least $1,000,000 of the monetary sanctions imposed in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of-- ``(A) 10 percent of the amount collected; or ``(B) $50,000. ``(c) Determination of Amount of Award; Denial of Award.-- ``(1) Determination of amount of award.-- ``(A) Discretion.--The determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. ``(B) Criteria.--In determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration-- ``(i) the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action; ``(ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action; ``(iii) the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and ``(iv) such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund. ``(2) Denial of award.--No award under subsection (b) shall be made-- ``(A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i); ``(B) to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; ``(C) to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section; ``(D) to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; ``(E) to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and ``(F) to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require. ``(d) Representation.-- ``(1) Permitted representation.--Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ``(2) Required representation.-- ``(A) In general.--Any whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based. ``(B) Disclosure of identity.--Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. ``(e) No Contract Necessary.--No contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. ``(f) Appeals.--Any determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. The court shall review the determination made by the Bureau in accordance with section 706 of title 5. ``(g) Reports to Congress.--Not later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau's whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year. ``(h) Protection of Whistleblowers.-- ``(1) Confidentiality.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. ``(B) Effect.--Nothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ``(C) Availability to government agencies.-- ``(i) In general.--Without the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to-- ``(I) the Department of Justice; ``(II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; ``(III) a State attorney general in connection with any criminal investigation; ``(IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and ``(V) a foreign regulatory authority. ``(ii) Maintenance of information.--Each of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). ``(2) Rights retained.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement. ``(i) Rulemaking Authority.--The Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section. ``(j) Original Information.--Information submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. ``(k) Provision of False Information.--A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. ``(l) Unenforceability of Certain Agreements.-- ``(1) No waiver of rights and remedies.--Except as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. ``(2) No predispute arbitration agreements.--Except as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that it requires arbitration of a dispute arising under this section. ``(3) Exception.--Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title.''. (b) Consumer Financial Civil Penalty Fund.--Section 1017(d)(2) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5497(d)(2)) is amended, in the first sentence, by inserting ``and for awards authorized under section 1017A'' before the period at the end. <all>

Financial Compensation for CFPB Whistleblowers Act

To amend the Consumer Financial Protection Act of 2010 to provide for whistleblower incentives and protection.

Financial Compensation for CFPB Whistleblowers Act

Rep. Green, Al

D

TX

This bill requires the Consumer Financial Protection Bureau to provide rewards to whistleblowers who report information relating to a violation of consumer financial law resulting in certain monetary sanctions greater than or equal to $1 million. Specifically, the bureau must award compensation to whistleblowers for 10%-30% of the collected monetary sanctions. In cases where the bureau collects less than $1 million of the imposed monetary sanctions, the bureau must award any single whistleblower 10% of the amount collected or $50,000, whichever is greater. The bill also sets forth requirements regarding the legal representation of a whistleblower and provides for confidentiality regarding the whistleblower's identity.

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. BUREAU WHISTLEBLOWER INCENTIVES AND PROTECTION. (a) In General.--The Consumer Financial Protection Act (12 U.S.C. 1017A. ``(a) Definitions.--In this section: ``(1) Administrative proceeding or court action.--The term `administrative proceeding or court action' means any judicial or administrative action brought by the Bureau that results in monetary sanctions greater than or equal to $1,000,000. ``(2) Fund.--The term `Fund' means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). ``(5) Successful enforcement.--The term `successful enforcement' includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. ``(c) Determination of Amount of Award; Denial of Award.-- ``(1) Determination of amount of award.-- ``(A) Discretion.--The determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. ``(d) Representation.-- ``(1) Permitted representation.--Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ``(e) No Contract Necessary.--No contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. ``(C) Availability to government agencies.-- ``(i) In general.--Without the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to-- ``(I) the Department of Justice; ``(II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; ``(III) a State attorney general in connection with any criminal investigation; ``(IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and ``(V) a foreign regulatory authority. ``(ii) Maintenance of information.--Each of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). ``(j) Original Information.--Information submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. ``(l) Unenforceability of Certain Agreements.-- ``(1) No waiver of rights and remedies.--Except as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement.

SHORT TITLE. SEC. 2. BUREAU WHISTLEBLOWER INCENTIVES AND PROTECTION. (a) In General.--The Consumer Financial Protection Act (12 U.S.C. 1017A. ``(a) Definitions.--In this section: ``(1) Administrative proceeding or court action.--The term `administrative proceeding or court action' means any judicial or administrative action brought by the Bureau that results in monetary sanctions greater than or equal to $1,000,000. ``(2) Fund.--The term `Fund' means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). ``(c) Determination of Amount of Award; Denial of Award.-- ``(1) Determination of amount of award.-- ``(A) Discretion.--The determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. ``(d) Representation.-- ``(1) Permitted representation.--Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ``(C) Availability to government agencies.-- ``(i) In general.--Without the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to-- ``(I) the Department of Justice; ``(II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; ``(III) a State attorney general in connection with any criminal investigation; ``(IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and ``(V) a foreign regulatory authority. ``(j) Original Information.--Information submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. ``(l) Unenforceability of Certain Agreements.-- ``(1) No waiver of rights and remedies.--Except as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement.

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. BUREAU WHISTLEBLOWER INCENTIVES AND PROTECTION. (a) In General.--The Consumer Financial Protection Act (12 U.S.C. 5481 et seq.) is amended by adding at the end of section 1017 the following: ``SEC. 1017A. ``(a) Definitions.--In this section: ``(1) Administrative proceeding or court action.--The term `administrative proceeding or court action' means any judicial or administrative action brought by the Bureau that results in monetary sanctions greater than or equal to $1,000,000. ``(2) Fund.--The term `Fund' means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). ``(4) Original information.--The term `original information' means information that-- ``(A) is derived from the independent knowledge or analysis of a whistleblower; ``(B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; ``(C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and ``(D) is not exclusively derived from an allegation made in an audit, examination, or investigation. ``(5) Successful enforcement.--The term `successful enforcement' includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. ``(c) Determination of Amount of Award; Denial of Award.-- ``(1) Determination of amount of award.-- ``(A) Discretion.--The determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. ``(d) Representation.-- ``(1) Permitted representation.--Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ``(B) Disclosure of identity.--Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. ``(e) No Contract Necessary.--No contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. ``(B) Effect.--Nothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ``(C) Availability to government agencies.-- ``(i) In general.--Without the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to-- ``(I) the Department of Justice; ``(II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; ``(III) a State attorney general in connection with any criminal investigation; ``(IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and ``(V) a foreign regulatory authority. ``(ii) Maintenance of information.--Each of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). ``(j) Original Information.--Information submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. ``(k) Provision of False Information.--A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. ``(l) Unenforceability of Certain Agreements.-- ``(1) No waiver of rights and remedies.--Except as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement.

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. BUREAU WHISTLEBLOWER INCENTIVES AND PROTECTION. (a) In General.--The Consumer Financial Protection Act (12 U.S.C. 5481 et seq.) is amended by adding at the end of section 1017 the following: ``SEC. 1017A. ``(a) Definitions.--In this section: ``(1) Administrative proceeding or court action.--The term `administrative proceeding or court action' means any judicial or administrative action brought by the Bureau that results in monetary sanctions greater than or equal to $1,000,000. ``(2) Fund.--The term `Fund' means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). ``(4) Original information.--The term `original information' means information that-- ``(A) is derived from the independent knowledge or analysis of a whistleblower; ``(B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; ``(C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and ``(D) is not exclusively derived from an allegation made in an audit, examination, or investigation. ``(5) Successful enforcement.--The term `successful enforcement' includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. ``(6) Whistleblower.--The term `whistleblower' means any individual, or 2 or more individuals acting jointly, who provides original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section. ``(b) Awards.-- ``(1) In general.--In any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to-- ``(A) not less than 10 percent, in total, of what has been collected of the monetary sanctions imposed in the action; and ``(B) not more than 30 percent, in total, of what has been collected of the monetary sanctions imposed in the action. ``(c) Determination of Amount of Award; Denial of Award.-- ``(1) Determination of amount of award.-- ``(A) Discretion.--The determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. ``(d) Representation.-- ``(1) Permitted representation.--Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. ``(B) Disclosure of identity.--Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. ``(e) No Contract Necessary.--No contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. ``(g) Reports to Congress.--Not later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau's whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year. ``(B) Effect.--Nothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. ``(C) Availability to government agencies.-- ``(i) In general.--Without the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to-- ``(I) the Department of Justice; ``(II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; ``(III) a State attorney general in connection with any criminal investigation; ``(IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and ``(V) a foreign regulatory authority. ``(ii) Maintenance of information.--Each of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). ``(j) Original Information.--Information submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. ``(k) Provision of False Information.--A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. ``(l) Unenforceability of Certain Agreements.-- ``(1) No waiver of rights and remedies.--Except as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. ``(3) Exception.--Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title.''.

H.R.2718

International Affairs

Maximum Pressure Act This bill expands sanctions and economic penalties on Iran. It also restricts the President from unilaterally lifting or waiving the sanctions or penalties and increases congressional oversight of them. Specifically, the bill requires the President to impose visa- and asset-blocking sanctions. Additionally, it modifies existing sanctions, including by (1) providing statutory authority for executive orders imposing sanctions; (2) applying sanctions to additional sectors of Iran's economy; and (3) broadening sanctionable conduct to cover, for example, assisting Iran with the acquisition of ballistic missiles and the complicity of Iranian officials in human rights violations in specified countries. The bill also requires reporting on licenses that authorize activities subject to sanctions. The bill prohibits U.S. representatives at the International Monetary Fund from voting to allow Iran's access to special drawing rights (a currency support tool) and places restrictions on financial transactions with Iran. The restrictions include requiring domestic financial institutions to implement special measures with respect to foreign financial institutions that conduct significant transactions connected to the Instrument in Support of Trade Exchanges (a European mechanism that bypasses U.S. sanctions when carrying out trade with Iran). The Department of State must maintain the Islamic Revolutionary Guard Corps' designation as a terrorist organization and must designate Ansharallah (or Houthis), which operates in Syria, as a foreign terrorist organization. The bill also requires reports on U.S. sanctions concerning Iran, the status of Iran's nuclear weapons program, and other matters.

To impose additional sanctions with respect to Iran and modify other existing sanctions with respect to Iran, 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 ``Maximum Pressure Act''. (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. Statement of policy. Sec. 4. Severability. TITLE I--MATTERS RELATING TO SANCTIONS AND SANCTION AUTHORITIES Sec. 101. Codification of executive orders and continuation of certain existing sanctions. Sec. 102. Sanctions with respect to the Supreme Leader of Iran. Sec. 103. Sanctions with respect to listed persons involved in international arms sales to Iran. Sec. 104. Additional conditions for termination and elimination of sunset of sanctions under the Iran Sanctions Act of 1996. Sec. 105. Sectoral sanctions on Iran under the Iran Freedom and Counter-Proliferation Act of 2012. Sec. 106. Amendments to the comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Sec. 107. Congressional review of certain actions relating to sanctions imposed with respect to Iran. Sec. 108. Clarification of guidance relating to Iran's shipping sector. Sec. 109. Sunset of waiver and license authorities. Sec. 110. Codification and application on transfers of funds involving Iran. Sec. 111. Applicability of congressional review of certain agency rulemaking relating to Iran. Sec. 112. Strict liability of parent companies and foreign subsidiaries for violations of Foreign Corrupt Practices Act of 1977. Sec. 113. Expansion of sanctions with respect to efforts by Iran to acquire ballistic missile and related technology. Sec. 114. Expansion of sanctions under Iran Sanctions Act of 1996 with respect to persons that acquire or develop ballistic missiles. Sec. 115. Imposition of sanctions with respect to Ballistic Missile Program of Iran. Sec. 116. Mandatory sanctions with respect to financial institutions that engage in certain transactions on behalf of persons involved in human rights abuses or that export sensitive technology to Iran. Sec. 117. Additional sanctions with respect to foreign persons that support or conduct certain transactions with Iran's Revolutionary Guard Corps or other sanctioned persons. TITLE II--MATTERS RELATING TO THE FINANCING OF TERRORISM Sec. 201. Prohibitions of International Monetary Fund allocations for Iran. Sec. 202. Certification requirement for removal of designation of Iran as a jurisdiction of primary money laundering concern. Sec. 203. Requirement to take special measures at domestic financial institutions. Sec. 204. Additional sanctions with respect to foreign persons that are officials, agents, or affiliates of, or owned or controlled by, Iran's Revolutionary Guard Corps. Sec. 205. Additional sanctions with respect to foreign persons that support or conduct certain transactions with Iran's Revolutionary Guard Corps or other sanctioned persons. Sec. 206. Reports on certain Iranian persons and sectors of Iran's economy that are controlled by Iran's Revolutionary Guard Corps. TITLE III--MATTERS RELATING TO THE DESIGNATION OF CERTAIN ENTITIES Sec. 301. Prohibition on future waivers and licenses connected to the designation of the IRGC. Sec. 302. Prohibition on future waivers and licenses connected to the designation of the IRGC as a foreign terrorist organization. Sec. 303. Measures with respect to Ansarallah in Yemen. TITLE IV--DETERMINATIONS AND REPORTS Sec. 401. Determinations with respect to the imposition of sanctions. Sec. 402. Iranian militia watchlists. Sec. 403. Expansion of reporting to include Iranian arms shipments to the Houthis and Iranian backed militias in Iraq and Syria. Sec. 404. Annual report on Iran sanctions violations. Sec. 405. Report on sanctions relief going to terrorism or destabilizing activities. Sec. 406. Supporting human rights for the people of Iran and the victims of Iranian human rights abuses in Syria, Lebanon, Yemen, and Venezuela. Sec. 407. Determination with respect to net worth of Iranian Supreme Leader Ayatollah Ali Khamanei. Sec. 408. IRGC watch list and report. Sec. 409. Report on Iran's breakout timeline for uranium enrichment and nuclear weaponization. Sec. 410. Report on Iranian disinformation campaigns and counter- disinformation efforts. SEC. 2. FINDINGS. Congress finds the following: (1) Iran is the world's leading state sponsor of terrorism. It seeks ``death to America'' and the destruction of the state of Israel. (2) Iran's pursuit of nuclear weapons, its destabilizing behavior in the Middle East, its support of terrorism, its development of ballistic missiles, and its gross violations of human rights against its own people and the peoples of the Middle East are a threat to the national security of the United States, our allies, and international peace and security. (3) Iran and its proxies have planned, directed, sponsored, and funded terrorist plots throughout the world and on United States soil, including the 2011 attempted assassination of the Saudi Arabian Ambassador to the United States in Washington, DC, the 1994 bombing of the Asociacion Mutual Israelita Argentina in Buenos Aires, Argentina which killed over 85 people, and the 2012 bus bombing in Burgas, Bulgaria which killed five Israelis. (4) According to multiple American Directors of National Intelligence, Iran has the largest arsenal of ballistic missiles in the Middle East. Iran is also developing a robust cruise missile arsenal and advanced drone capability, which threaten American and allied air and missile defenses. (5) Iran tests, transfers, and even uses these systems in military operations abroad. (6) Iran has given ballistic missiles and associated technology to the Houthis in Yemen, Shiite militias in Iraq, the Assad regime in Syria, and Hezbollah in Lebanon, and is also helping to traffic precision-guided munitions parts through the Middle East to upgrade the rocket forces of its chief proxy, Hezbollah. (7) Iran continues to hold Americans hostage, including Baquer and Siamak Namazi, Bob Levinson, and others. (8) The Joint Comprehensive Plan of Action negotiated by former President Barack Obama was fatally flawed, did not eliminate Iran's pathway to a nuclear weapons, and allowed Iran to retain and refine its nuclear weapons capability. (9) The verification and compliance mechanisms of the failed Iran nuclear deal were weak and insufficient. (10) The failed Iran nuclear agreement did nothing to address Iran's continued development of ballistic and cruise missiles capable of delivering nuclear warheads. (11) The failed Iran nuclear agreement provided Iran with over $100,000,000,000 in sanctions relief that was used by Iran to fuel proxy wars across the Middle East, including supporting the brutal regime of Bashar al-Assad in Syria, and lining the pockets of the Islamic Revolutionary Guard Corps, Hizballah, Hamas, the Houthis, and the Iranian backed terrorist militias in Iraq. (12) The failed Iran nuclear agreement lifted the United Nations arms embargo on Iran in October 2020, permitting Russia and China to engage in international arms sales with Iran. This also allows Iran to proliferate weapons across the world including to Venezuela and the Assad regime in Syria. (13) A central strategic flaw of the failed Iran nuclear deal was the idea that an agreement with Iran should solely focus on the issue of nuclear weapons alone, and not address non-nuclear issues. (14) On May 21, 2018, two weeks after President Trump withdrew from the failed Iran nuclear deal, former Secretary of State Mike Pompeo made an address at The Heritage Foundation entitled ``After the Deal: A New Iran Strategy'' where he announced that the Trump administration would ``apply unprecedented financial pressure on the Iranian regime'' and laid out twelve demands that would need to be met by Iran as part of any agreement related to the lifting of sanctions, and the re-establishment of diplomatic and commercial relations with Iran. (15) In his remarks on May 21, 2018, Pompeo stated that ``Iran advanced its march across the Middle East during the JCPOA. Qasem Soleimani has been playing with house money that has become blood money. Wealth created by the West has fueled his campaigns. Strategically, the Obama administration made a bet that the deal would spur Iran to stop its rogue state actions and conform to international norms. That bet was a loser with massive repercussions for all of the people living in the Middle East.''. (16) Former President Donald J. Trump's maximum pressure campaign on Iran denied the regime unprecedented revenue it would have otherwise spent on terrorism. (17) On December 31, 2019, Iranian President Hassan Rouhani admitted that Iran had lost $200 billion in revenue because of U.S. sanctions. (18) Iran's oil minister Bijan Zanganeh on three separate occasions has likened U.S. sanctions under the maximum pressure campaign to having made the economic situation worse than the Iran-Iraq War (1980-1988). (19) Iran's 2019 defense budget cut defense spending by 28 percent, including a 17 percent cut to the Iranian Islamic Revolutionary Guard Corps, a designated foreign terrorist organization. (20) The Iranian rial lost around 70 percent of its value since the beginning of President Trump's maximum pressure campaign. (21) According to the International Monetary Fund (IMF), Iran's accessible foreign exchange reserves plunged to $4 billion in 2020 from $123 billion in 2018, or a decrease of over 96 percent. (22) Due to the maximum pressure campaign, Hezbollah terrorists and Iranian backed militias were denied resources and were forced to cut salaries of their fighters. (23) During the maximum pressure campaign, the United States was able to achieve the release of two hostages in Iran, Xiyue Wang and Michael White, without lifting sanctions or transferring cash to Iran. (24) Former Special Representative for Syria Engagement James Jeffery stated on May 20th, 2020, ``We have seen the Iranians pulling in some of their outlying activities and such in Syria because of, frankly, financial problems . . . in terms of the huge success of the Trump administration's sanctions policies against Iran. It's having a real effect in Syria.''. (25) President Joe Biden has repeatedly pledged to re-enter the failed Iran nuclear agreement and lift sanctions on Iran if Iran comes into compliance with the agreement. (26) On March 2, 2021, the Republican Study Committee's Steering Committee formally adopted an official position supporting former President Trump's maximum pressure campaign on Iran and pledged to work to fight against and work to reverse any and all sanctions relief for Iran unless Iran met all 12 demands laid out by former Secretary of State Pompeo. (27) On March 18, 2021, in an interview with BBC Persian, President Biden's Special Envoy for Iran Robert Malley stated ``President Biden and all of his senior advisers have said this--the maximum pressure campaign has failed. It was a failure, a predicted failure. It hasn't made life any better for the Iranian people; it hasn't made life any better for the U.S. and the region; it hasn't brought us any closer to this better deal that President Trump spoke about.''. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States as follows: (1) To deny Iran all paths to a nuclear weapon and intercontinental ballistic missiles capability, including by permanently, verifiably and irreversibly eliminating its capabilities related to enrichment. (2) To roll back the totality of Iran's malign influence and activities in the Middle East. (3) To support the human rights of the people of Iran. (4) To require that any new agreement with Iran should be submitted to the Senate for ratification as a treaty. (5) To impose maximum economic pressure on Iran, and keep all sanctions in place on Iran, until the regime fulfills the following 12 demands laid out by former Secretary of State Pompeo on May 21, 2018: (A) Iran must declare to the International Atomic Energy Agency a full account of the prior military dimensions of its nuclear program, and permanently and verifiably abandon such work in perpetuity. (B) Iran must stop enrichment and never pursue plutonium reprocessing, including closing its heavy water reactor. (C) Iran must also provide the International Atomic Energy Agency with unqualified access to all sites throughout the entire country. (D) Iran must end its proliferation of ballistic missiles and halt further launching or development of nuclear-capable missile systems. (E) Iran must release all United States citizens as well as citizens of United States partners and allies, each of them detained on spurious charges. (F) Iran must end its support for terrorism, including Hezbollah, Hamas and Palestinian Islamic Jihad. (G) Iran must respect the sovereignty of the Iraqi government and permit the disarming, demobilization and reintegration of Iranian backed militias. (H) Iran must end its military support for the Houthi terrorists and work towards a peaceful, political settlement in Yemen. (I) Iran must withdraw all forces under Iranian command throughout the entirety of Syria. (J) Iran must end support for the Taliban and other terrorists in Afghanistan and the region and cease harboring senior al-Qaeda leaders. (K) Iran must end the Islamic Revolutionary Guard Corps' Quds Force's support for terrorists around the world. (L) Iran must end its threatening behavior against its neighbors including its threats to destroy Israel and its firing of missiles at Saudi Arabia and the United Arab Emirates, and threats to international shipping and destructive cyberattacks. SEC. 4. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act, the amendments made by this Act, and the application of such provision and amendments to other persons or circumstances, shall not be affected. TITLE I--MATTERS RELATING TO SANCTIONS AND SANCTION AUTHORITIES SEC. 101. CODIFICATION OF EXECUTIVE ORDERS AND CONTINUATION OF CERTAIN EXISTING SANCTIONS. (a) Codification.--Executive Orders 13606, 13628, 13846, 13871, 13876, 13902, and 13949, as in effect on January 20, 2021, shall remain in effect and continue to apply until the date on which the President submits a certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. (b) Prohibition on Removal of Persons From SDN List.--The President may not remove the following individuals or entities from the Specially Designated Nationals and Blocked Persons list maintained by the Office of Foreign Asset Control of the Department of the Treasury, if such persons were placed on such list during the period beginning on May 8, 2019, and ending January 20, 2021, unless the President submits a certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act: (1) Any Iranian individual or entity. (2) Any individual or entity included in such list as a result of activities connected to Iran. (3) Asa'iab ahl al-Haq, Zainabiyoun, Fatemiyoun, and Harakat Hezbollah al-Nujaba. (c) Reimposition of Sanctions.--Any sanctions imposed during the period beginning on May 8, 2019, and ending January 20, 2021, with respect to any person described in subsection (b)(1) or (b)(2), and subsequently lifted before the date of the enactment of this Act, shall be reimposed with respect to such persons beginning on the date of the enactment of this Act and shall remain in effect until the date on which the President submits a certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. SEC. 102. SANCTIONS WITH RESPECT TO THE SUPREME LEADER OF IRAN. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) with respect to the following individuals: (1) The Supreme Leader of the Islamic Republic of Iran. (2) Each member of the Iranian Supreme Leader's Office. (3) Any person appointed by the Supreme Leader of Iran or the Supreme Leader's Office to a position as-- (A) a state official of Iran; (B) as the head of an entity located in Iran; or (C) as the head of an entity located outside of Iran that is owned or controlled by one or more entities in Iran. (4) Any person appointed to a position described in subparagraphs (A) through (C) of paragraph (3) by a person described in paragraph (3). (5) Any person the President determines has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of any person whose property and interests in property are blocked pursuant to this section. (6) Any person the President determines is owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this section. (7) Any person the President determines conducts a significant transaction or transactions with, or provides material support to or for anyone described in paragraphs (1) through (6). (8) Any person who is a member of the board of directors or a senior executive officer of any person whose property and interests in property are blocked pursuant to this section. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Blocking of property.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to block and prohibit all transactions in property and interests in property of the foreign person 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. (B) Aliens ineligible for visas, admission, or parole.-- (i) Visas, admission, or parole.--An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a)(2) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. (II) Effect of revocation.--A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession. (2) Exceptions.-- (A) UN headquarters agreement.--The sanctions described under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary 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. (B) Prior transfer directive.--The sanctions described under paragraph (1)(A) shall not apply with respect to property and interests in property of the Government of Iran that were blocked pursuant to Executive Order 12170 of November 14, 1979 (Blocking Iranian Government Property), and thereafter made subject to the transfer directives set forth in Executive Order 12281 of January 19, 1981 (Direction to Transfer Certain Iranian Government Assets), and any implementing regulations with respect to such Executive Order 12281. (C) Humanitarian exception.--The sanctions described under paragraph (1)(B) and (1)(A) shall not apply with respect to any person for conducting or facilitating a transaction for the provision (including any sale) of agricultural commodities, food, medicine, or medical devices to Iran. (c) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this section or the sanctions imposed pursuant to this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (d) Termination.--Sanctions imposed in accordance with this section may be terminated or may be waived with respect to a foreign person if the President submits the certification required in section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. SEC. 103. SANCTIONS WITH RESPECT TO LISTED PERSONS INVOLVED IN INTERNATIONAL ARMS SALES TO IRAN. (a) Imposition of Sanctions.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall impose the sanctions described in subsection (b) with respect to each foreign person the President determines, on or after such date of enactment, engages in an activity described in paragraph (2). (2) Activity described.--An activity described in this paragraph is any of the following: (A) Any activity that materially contributes to the supply, sale, or transfer, directly or indirectly, to or from Iran, or for the use in or benefit of Iran, of arms or related materiel, including spare parts. (B) The provision to the Government of Iran any technical training, financial resources or services, advice, other services, or assistance related to the supply, sale, transfer, manufacture, maintenance, or use of arms and related materiel described in subparagraph (A). (C) Any activity that materially contributes to, or poses a risk of materially contributing to, the proliferation of arms or related materiel or items intended for military end-uses or military end-users, including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such items, by the Government of Iran (including persons owned or controlled by, or acting for or on behalf of the Government of Iran) or paramilitary organizations financially or militarily supported by the Government of Iran. (D) Materially assisting, sponsoring, or providing financial, material, or technological support for, or goods or services to or in support of, any person whose property and interests in property are blocked pursuant to this Act. (E) Making any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to this Act. (F) Receiving any contribution or provision of funds, goods, or services from any such person whose property and interests in property are blocked pursuant to this Act. (G) Being owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this Act. (b) Sanctions Described.-- (1) In general.--The sanctions described in this subsection are the following: (A) Blocking of property.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in property and interests in property of the foreign person 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. (B) Aliens ineligible for visas, admission, or parole.-- (i) Visas, admission, or parole.--An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a)(2) is-- (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (ii) Current visas revoked.-- (I) In general.--The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. (II) Effect of revocation.--A revocation under subclause (I) shall take effect immediately and shall automatically cancel any other valid visa or entry documentation that is in the alien's possession. (2) Exceptions.-- (A) UN headquarters agreement.--The sanctions described under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary 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. (B) Prior transfer directive.--The sanctions described under paragraph (1)(A) shall not apply with respect to property and interests in property of the Government of Iran that were blocked pursuant to Executive Order 12170 of November 14, 1979 (Blocking Iranian Government Property), and thereafter made subject to the transfer directives set forth in Executive Order 12281 of January 19, 1981 (Direction to Transfer Certain Iranian Government Assets), and any implementing regulations with respect to such Executive Order 12281. (C) Humanitarian exception.--The sanctions described under paragraph (1)(B) and (1)(A) shall not apply with respect to any person for conducting or facilitating a transaction for the provision (including any sale) of agricultural commodities, food, medicine, or medical devices to Iran. (c) Penalties.--The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated to carry out this section or the sanctions imposed pursuant to this section to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act. (d) Termination.-- (1) In general.--Sanctions may be terminated or may be waived with respect to a foreign person described in subsection (a)(1)(A) if the President certifies to the appropriate congressional committees that the person is no longer engaged in activities described in paragraph (2) of such subsection. (2) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. SEC. 104. ADDITIONAL CONDITIONS FOR TERMINATION AND ELIMINATION OF SUNSET OF SANCTIONS UNDER THE IRAN SANCTIONS ACT OF 1996. (a) Termination Conditions.--Section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended-- (1) by striking ``The requirement'' and inserting ``(a) In General.--The requirement''; and (2) by adding at the end the following: ``(b) Additional Conditions for Termination.--In addition to the requirement under subsection (a), sanctions imposed under section 5(a) shall remain in effect unless the President determines and certifies to the appropriate congressional committees that Iran has complied with each of the following: ``(1) Declared to the International Atomic Energy Agency a full account of the prior military dimensions of its nuclear program and permanently and verifiably abandons such work in perpetuity. ``(2) Stopped enrichment of and never returns to plutonium reprocessing, including by closing its heavy water reactor. ``(3) Provided the International Atomic Energy Agency with unqualified access to all sites throughout the entire country. ``(4) Ended its proliferation of ballistic missiles and halts further launching or development of nuclear-capable missile systems. ``(5) Released all United States citizens, as well as citizens of United States partners and allies, that are unjustly detained and held captive in Iran. ``(6) Respected the sovereignty of the Government of Iraq through no longer preventing, hindering, or disrupting any efforts by that Government with regard to the disarming, demobilization and reintegration of Iranian-backed militias in Iraq. ``(7) Ended its military support for the Houthi militia (Ansarallah) and worked towards a peaceful, political settlement in Yemen. ``(8) Withdrawn all forces under Iran's command throughout the entirety of Syria. ``(9) Ended support for the Taliban and other terrorists in Afghanistan and the region and ceased to harbor senior al-Qaeda leaders. ``(10) Ended the Islamic Revolutionary Guard Corps' Quds Force's support for terrorists around the world. ``(11) Ended its threatening behavior against its neighbors, including its threats to destroy Israel and its firing of missiles at Saudi Arabia and the United Arab Emirates, threats to international shipping, and destructive cyberattacks. ``(12) Ceased violently attacking and killing peaceful protesters in Iran, and provided a full accounting for the 1500 peaceful protesters reported to be killed in November 2019 when fired upon by Iranian security forces.''. (b) Elimination of Sunset.--Section 13 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is repealed. SEC. 105. SECTORAL SANCTIONS ON IRAN UNDER THE IRAN FREEDOM AND COUNTER-PROLIFERATION ACT OF 2012. (a) Amendments With Respect to Covered Sectors.-- (1) Subsection (b) of section 1244 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8803) is amended by inserting ``iron, steel, aluminum, copper, construction, manufacturing, mining, textile, petrochemical, automotive, financial'' after ``energy,'' each place it appears. (2) Subsection (c) of such section 1244 is amended by inserting ``iron, steel, aluminum, copper, construction, manufacturing, mining, textile, petrochemical, automotive, financial'' after ``energy,'' each place it appears. (b) Amendment With Respect to Waiver Authority.--Subsection (i) of such section 1244 is amended by adding at the end the following: ``(3) Termination.--The authority to issue a waiver under this section shall terminate on the date that is 2 years after the date of the enactment of this paragraph.''. (c) Termination of Certain Waivers of Sanctions With Respect to Nuclear Activities in or With Iran.-- (1) Termination.--As of the date of the enactment of this Act, any waiver of the application of sanctions provided for under any of sections 1244 through 1247 of the National Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 8803 through 8806), or provided to enable an activity described in subsection (b), is terminated. The President may not issue a new such waiver for such an activity on or after such date of enactment unless the President makes the certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. (2) Activities described.--An activity described in this subsection is a nuclear activity in or with Iran with respect to which a waiver described in subsection (a) was issued in connection with the Joint Comprehensive Plan of Action, including the following: (A) The Arak reactor redesign. (B) The transfer into Iran of enriched uranium for the Tehran Research Reactor. (C) The modification of 2 centrifuge cascades at the Fordow facility for nonsensitive purposes. (3) Joint comprehensive plan of action defined.--In this section, the term ``Joint Comprehensive Plan of Action'' means the Joint Comprehensive Plan of Action signed at Vienna on July 14, 2015, by Iran and by France, Germany, the Russian Federation, the People's Republic of China, the United Kingdom, and the United States, and all implementing materials and agreements related to the Joint Comprehensive Plan of Action. SEC. 106. AMENDMENTS TO THE COMPREHENSIVE IRAN SANCTIONS, ACCOUNTABILITY, AND DIVESTMENT ACT OF 2010. (a) Amendments to Criteria for Termination.--Section 401 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 is amended by adding at the end the following: ``(d) Additional Matters To Be Certified.--The certification described in subsection (a) shall also include a certification that Iran has complied with each of the following: ``(1) Declared to the International Atomic Energy Agency a full account of the prior military dimensions of its nuclear program and permanently and verifiably abandons such work in perpetuity. ``(2) Stopped enrichment of and never returns to plutonium reprocessing, including by closing its heavy water reactor. ``(3) Provided the International Atomic Energy Agency with unqualified access to all sites throughout the entire country. ``(4) Ended its proliferation of ballistic missiles and halts further launching or development of nuclear-capable missile systems. ``(5) Released all United States citizens, as well as citizens of United States partners and allies, that are unjustly detained and held captive in Iran. ``(6) Respected the sovereignty of the Government of Iraq through no longer preventing, hindering, or disrupting any efforts by that Government with regard to the disarming, demobilization and reintegration of Iranian-backed militias in Iraq. ``(7) Ended its military support for the Houthi militia (Ansarallah) and worked towards a peaceful, political settlement in Yemen. ``(8) Withdrawn all forces under Iran's command throughout the entirety of Syria. ``(9) Ended support for the Taliban and other terrorists in Afghanistan and the region and ceased to harbor senior al-Qaeda leaders. ``(10) Ended the Islamic Revolutionary Guard Corps' Quds Force's support for terrorists around the world. ``(11) Ended its threatening behavior against its neighbors, including its threats to destroy Israel and its firing of missiles at Saudi Arabia and the United Arab Emirates, threats to international shipping, and destructive cyberattacks. ``(12) Ceased violently attacking and killing peaceful protesters in Iran, and provided a full accounting for the 1500 peaceful protesters reported to be killed in November 2019 when fired upon by Iranian security forces. ``(e) Termination of Waiver Authority.--The authority to issue a waiver under this section shall terminate on the date that is 2 years after the date of the enactment of this subsection.''. (b) Listing of Iranian Persons for Human Rights Abuses Committed in Other Countries.--Section 105(b)(1) of the the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514) is amended by inserting ``, or against the people of Iraq, Syria, Lebanon, Yemen, or Venezuela'' before the period at the end. SEC. 107. CONGRESSIONAL REVIEW OF CERTAIN ACTIONS RELATING TO SANCTIONS IMPOSED WITH RESPECT TO IRAN. (a) Submission to Congress of Proposed Action.-- (1) In general.--Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to the appropriate congressional committees and leadership a report that describes the proposed action and the reasons for that action. (2) Actions described.-- (A) In general.--An action described in this paragraph is-- (i) an action to terminate the application of any sanctions described in subparagraph (B); (ii) with respect to sanctions described in subparagraph (B) imposed by the President with respect to a person, an action to waive the application of those sanctions with respect to that person; or (iii) a licensing action that significantly alters United States foreign policy with respect to Iran. (B) Sanctions described.--The sanctions described in this subparagraph are sanctions with respect to Iran provided for under-- (i) the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note); (ii) the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.); (iii) section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a); (iv) the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.); (v) the Iran Freedom and Counter- Proliferation Act of 2012 (22 U.S.C. 8801 et seq.); (vi) the International Emergency Economic Powers Act (50 U.S.C. 1701 note); or (vii) any other statute or Executive order that requires or authorizes the imposition of sanctions with respect to Iran. (3) Description of type of action.--Each report submitted under paragraph (1) with respect to an action described in paragraph (2) shall include a description of whether the action-- (A) is not intended to significantly alter United States foreign policy with respect to Iran; or (B) is intended to significantly alter United States foreign policy with respect to Iran. (4) Inclusion of additional matter.-- (A) In general.--Each report submitted under paragraph (1) that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran shall include a description of-- (i) the significant alteration to United States foreign policy with respect to Iran; (ii) the anticipated effect of the action on the national security interests of the United States; and (iii) the policy objectives for which the sanctions affected by the action were initially imposed. (B) Requests from banking and financial services committees.--The Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives may request the submission to the Committee of the matter described in clauses (ii) and (iii) of subparagraph (A) with respect to a report submitted under paragraph (1) that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran. (5) Confidentiality of proprietary information.-- Proprietary information that can be associated with a particular person with respect to an action described in paragraph (2) may be included in a report submitted under paragraph (1) only if the appropriate congressional committees and leadership provide assurances of confidentiality, unless that person otherwise consents in writing to such disclosure. (6) Rule of construction.--Paragraph (2)(A)(iii) shall not be construed to require the submission of a report under paragraph (1) with respect to the routine issuance of a license that does not significantly alter United States foreign policy with respect to Iran. (b) Period for Review by Congress.-- (1) In general.--During the period of 30 calendar days beginning on the date on which the President submits a report under subsection (a)(1)-- (A) in the case of a report that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report; and (B) in the case of a report that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report. (2) Exception.--The period for congressional review under paragraph (1) of a report required to be submitted under subsection (a)(1) shall be 60 calendar days if the report is submitted on or after July 10 and on or before September 7 in any calendar year. (3) Limitation on actions during initial congressional review period.--Notwithstanding any other provision of law, during the period for congressional review provided for under paragraph (1) of a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2), including any additional period for such review as applicable under the exception provided in paragraph (2), the President may not take that action unless a joint resolution of approval with respect to that action is enacted in accordance with subsection (c). (4) Limitation on actions during presidential consideration of a joint resolution of disapproval.--Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), the President may not take that action for a period of 12 calendar days after the date of passage of the joint resolution of disapproval. (5) Limitation on actions during congressional reconsideration of a joint resolution of disapproval.-- Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), and the President vetoes the joint resolution, the President may not take that action for a period of 10 calendar days after the date of the President's veto. (6) Effect of enactment of a joint resolution of disapproval.--Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) is enacted in accordance with subsection (c), the President may not take that action. (c) Joint Resolutions of Disapproval or Approval.-- (1) Definitions.--In this subsection: (A) Joint resolution of approval.--The term ``joint resolution of approval'' means only a joint resolution of either House of Congress-- (i) the title of which is as follows: ``A joint resolution approving the President's proposal to take an action relating to the application of certain sanctions with respect to Iran.''; and (ii) the sole matter after the resolving clause of which is the following: ``Congress approves of the action relating to the application of sanctions imposed with respect to Iran proposed by the President in the report submitted to Congress under section 2(a)(1) of the Iran Sanctions Relief Review Act of 2021 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. (B) Joint resolution of disapproval.--The term ``joint resolution of disapproval'' means only a joint resolution of either House of Congress-- (i) the title of which is as follows: ``A joint resolution disapproving the President's proposal to take an action relating to the application of certain sanctions with respect to Iran.''; and (ii) the sole matter after the resolving clause of which is the following: ``Congress disapproves of the action relating to the application of sanctions imposed with respect to Iran proposed by the President in the report submitted to Congress under section 2(a)(1) of the Iran Sanctions Relief Review Act of 2021 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) Introduction.--During the period of 30 calendar days provided for under subsection (b)(1), including any additional period as applicable under the exception provided in subsection (b)(2), a joint resolution of approval or joint resolution of disapproval may be introduced-- (A) in the House of Representatives, by the majority leader or the minority leader; and (B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (3) Floor consideration in house of representatives.--If a committee of the House of Representatives to which a joint resolution of approval or joint resolution of disapproval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. (4) Consideration in the senate.-- (A) Committee referral.--A joint resolution of approval or joint resolution of disapproval introduced in the Senate shall be-- (i) referred to the Committee on Banking, Housing, and Urban Affairs if the joint resolution relates to a report under subsection (a)(3)(A) that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran; and (ii) referred to the Committee on Foreign Relations if the joint resolution relates to a report under subsection (a)(3)(B) that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran. (B) Reporting and discharge.--If the committee to which a joint resolution of approval or joint resolution of disapproval was referred has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (C) Proceeding to consideration.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Banking, Housing, and Urban Affairs or the Committee on Foreign Relations, as the case may be, reports a joint resolution of approval or joint resolution of disapproval to the Senate or has been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of approval or joint resolution of disapproval shall be decided without debate. (E) Consideration of veto messages.--Debate in the Senate of any veto message with respect to a joint resolution of approval or joint resolution of disapproval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (5) Rules relating to senate and house of representatives.-- (A) Treatment of senate joint resolution in house.--In the House of Representatives, the following procedures shall apply to a joint resolution of approval or a joint resolution of disapproval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action): (i) The joint resolution shall be referred to the appropriate committees. (ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. (iii) Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (B) Treatment of house joint resolution in senate.-- (i) Receipt before passage.--If, before the passage by the Senate of a joint resolution of approval or joint resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply: (I) That joint resolution shall not be referred to a committee. (II) With respect to that joint resolution-- (aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but (bb) the vote on passage shall be on the joint resolution from the House of Representatives. (ii) Receipt after passage.--If, following passage of a joint resolution of approval or joint resolution of disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar. (iii) No companion measure.--If a joint resolution of approval or a joint resolution of disapproval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution. (C) Application to revenue measures.--The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval or joint resolution of disapproval that is a revenue measure. (6) Rules of house of representatives and senate.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such 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. (d) Appropriate Congressional Committees and Leadership Defined.-- In this section, the term ``appropriate congressional committees and leadership'' means-- (1) the Committee on Financial Services, the Committee on Foreign Affairs, and the Speaker, the majority leader, and the minority leader of the House of Representatives; and (2) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the majority and minority leaders of the Senate. SEC. 108. CLARIFICATION OF GUIDANCE RELATING TO IRAN'S SHIPPING SECTOR. (a) In General.--The President shall direct the Office of Foreign Asset Control of the Department of the Treasury to issue regulations and guidance expanding the list of services constituting ``significant support'' to the shipping sector of Iran to include-- (1) port authorities; (2) importing agents; (3) management firms; (4) charterers; (5) operators; (6) marine insurers; (7) classification societies; and (8) all other maritime services providers. (b) Additional Update of Advisory.--The President shall also direct the Secretary of State, the Secretary of the Treasury, and the Coast Guard to update the ``Sanctions Advisory for the Maritime Industry, Energy and Metals Sectors, and Related communities'' issued on May 14, 2020, in accordance with the expanded definition of ``significant support to the shipping sector'' promulgated in accordance with subsection (a). SEC. 109. SUNSET OF WAIVER AND LICENSE AUTHORITIES. (a) In General.--The President's authority to issue waivers or licenses to sanctions pursuant to sections 203 and 205 of the International Emergency Economic Powers Act of 1976 with regard to sanctions required or authorized by legislation or executive orders described in subsection (b), and any waivers or licenses issued pursuant to such legislation or executive orders, shall cease to apply 2 years after the date of enactment of this Act. (b) Sanctions Described.--The sanctions required or authorized by legislation and executive orders include the following: (1) This Act, and the amendments made by this Act. (2) The Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). (3) The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.). (4) Section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a). (5) The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.). (6) The Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.). (7) The International Emergency Economic Powers Act (50 U.S.C. 1701 note). (8) Any other statute or Executive order that requires or authorizes the imposition of sanctions with respect to Iran. SEC. 110. CODIFICATION AND APPLICATION ON TRANSFERS OF FUNDS INVOLVING IRAN. (a) Codification and Prohibition of Transfers of Funds Involving Iran.-- (1) Codification of regulations.--Notwithstanding sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704), section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2021, shall apply with respect to transfers of funds to or from Iran, or for the direct or indirect benefit of an Iranian person or the Government of Iran, for the period beginning on or after such date of enactment and ending on the date on which the President makes the certification to Congress under section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. (2) Additional prohibition.--Notwithstanding section 302 of this Act or sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)-- (A) the regulations prohibiting the debiting or crediting of an Iranian account in section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2021, and codified in paragraph (1) shall apply to foreign financial institutions if the transaction or transactions is conducted in the legal tender of the United States; and (B) United States financial institutions shall be prohibited from engaging in a significant transaction or transactions, including purchasing or selling foreign exchange with large-value payment systems, with a foreign financial institution that violates the regulations and prohibitions described in subparagraph (A). (3) Rule of construction.--With the exception of paragraph (4), the President may not issue a license to permit a transaction or transactions under this subsection. (4) Suspension.--The President may suspend the prohibition in paragraph (2) for a period not to exceed 180 days, and may renew the suspension for additional periods of not more than 180 days, on and after the date on which the President provides to the appropriate congressional committees the certification required in section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. SEC. 111. APPLICABILITY OF CONGRESSIONAL REVIEW OF CERTAIN AGENCY RULEMAKING RELATING TO IRAN. (a) In General.--Notwithstanding any other provision of law, any rule to amend or otherwise alter a covered regulatory provision as defined in subsection (c) that is published on or after the date of the enactment of this Act shall be deemed to be a rule or major rule (as the case may be) for purposes of chapter 8 of title 5, United States Code, and shall be subject to all applicable requirements of chapter 8 of title 5, United States Code. (b) Quarterly Reports.--Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter, the head of the applicable department or agency of the Federal Government shall submit to the appropriate congressional committees a report on the operation of the licensing system under each covered regulatory provision as defined in subsection (c) for the preceding 2-year period, including-- (1) the number and types of licenses applied for; (2) the number and types of licenses approved; (3) a summary of each license approved; (4) a summary of transactions conducted pursuant to a general license; (5) the average amount of time elapsed from the date of filing of a license application until the date of its approval; (6) the extent to which the licensing procedures were effectively implemented; and (7) a description of comments received from interested parties about the extent to which the licensing procedures were effective, after the applicable department or agency holds a public 30-day comment period. (c) Definition.--In this section, the term ``covered regulatory provision'' means any provision of part 535, 560, 561, or 1060 of title 31, Code of Federal Regulations, and in EAR 742 and 746 related to Iran, as such parts were in effect on the date of enactment of this Act. SEC. 112. STRICT LIABILITY OF PARENT COMPANIES AND FOREIGN SUBSIDIARIES FOR VIOLATIONS OF FOREIGN CORRUPT PRACTICES ACT OF 1977. Section 218 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8725) is amended by adding at the end the following: ``(e) Strict Liability of Parent Companies and Foreign Subsidiaries for Violations of Foreign Corrupt Practices Act of 1977.--The President shall prohibit a United States person or an entity owned, controlled, or beneficially owned by a United States person and established or maintained outside the United States from engaging in any transaction directly or indirectly with the Government of Iran or any person subject to the jurisdiction of the Government of Iran that is authorized pursuant to a general license under part 560 of title 31, Code of Federal Regulations if the transaction were engaged in by a United States person or in the United States and would violate any provision of the Foreign Corrupt Practices Act of 1977.''. SEC. 113. EXPANSION OF SANCTIONS WITH RESPECT TO EFFORTS BY IRAN TO ACQUIRE BALLISTIC MISSILE AND RELATED TECHNOLOGY. (a) Certain Persons.--Section 1604(a) of the Iran-Iraq Arms Non- Proliferation Act of 1992 (Public Law 102-484; 50 U.S.C. 1701 note) is amended by inserting ``, to acquire ballistic missile or related technology,'' after ``nuclear weapons''. (b) Foreign Countries.--Section 1605(a) of the Iran-Iraq Arms Non- Proliferation Act of 1992 (Public Law 102-484; 50 U.S.C. 1701 note) is amended, in the matter preceding paragraph (1), by inserting ``, to acquire ballistic missile or related technology,'' after ``nuclear weapons''. SEC. 114. EXPANSION OF SANCTIONS UNDER IRAN SANCTIONS ACT OF 1996 WITH RESPECT TO PERSONS THAT ACQUIRE OR DEVELOP BALLISTIC MISSILES. Section 5(b)(1)(B) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) is amended-- (1) in clause (i), by striking ``would likely'' and inserting ``may''; and (2) in clause (ii)-- (A) in subclause (I), by striking ``; or'' and inserting a semicolon; (B) by redesignating subclause (II) as subclause (III); and (C) by inserting after subclause (I) the following: ``(II) acquire or develop ballistic missiles and the capability to launch ballistic missiles; or''. SEC. 115. IMPOSITION OF SANCTIONS WITH RESPECT TO BALLISTIC MISSILE PROGRAM OF IRAN. (a) In General.--Title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8721 et seq.) is amended by adding at the end the following: ``Subtitle C--Measures Relating To Ballistic Missile Program Of Iran ``SEC. 231. DEFINITIONS. ``(a) In General.--In this subtitle: ``(1) Agricultural commodity.--The term `agricultural commodity' has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means the committees specified in section 14(2) of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). ``(3) Correspondent account; payable-through account.--The terms `correspondent account' and `payable-through account' have the meanings given those terms in section 5318A of title 31, United States Code. ``(4) Foreign financial institution.--The term `foreign financial institution' has the meaning of that term as determined by the Secretary of the Treasury pursuant to section 104(i) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(i)). ``(5) Government.--The term `Government', with respect to a foreign country, includes any agencies or instrumentalities of that Government and any entities controlled by that Government. ``(6) Medical device.--The term `medical device' has the meaning given the term `device' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(7) Medicine.--The term `medicine' has the meaning given the term `drug' in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). ``(b) Determinations of Significance.--For purposes of this subtitle, in determining if financial transactions or financial services are significant, the President may consider the totality of the facts and circumstances, including factors similar to the factors set forth in section 561.404 of title 31, Code of Federal Regulations (or any corresponding similar regulation or ruling). ``SEC. 232. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS THAT SUPPORT THE BALLISTIC MISSILE PROGRAM OF IRAN. ``(a) Identification of Persons.-- ``(1) In general.--Not later than 120 days after the date of the enactment of the Maximum Pressure Act, and not less frequently than once every 180 days thereafter, the President shall submit to the appropriate congressional committees a report identifying persons that have provided material support to the Government of Iran in the development of the ballistic missile program of Iran. ``(2) Elements.--Each report required by paragraph (1) shall include the following: ``(A) An identification of persons (disaggregated by Iranian and non-Iranian persons) with respect to which there is credible evidence that such persons have provided material support to the Government of Iran in the development of the ballistic missile program of Iran, including persons that have-- ``(i) engaged in the direct or indirect provision of material support to such program; ``(ii) facilitated, supported, or engaged in activities to further the development of such program; ``(iii) transmitted information relating to ballistic missiles to the Government of Iran; or ``(iv) otherwise aided such program. ``(B) A description of the character and significance of the cooperation of each person identified under subparagraph (A) with the Government of Iran with respect to such program. ``(C) An assessment of the cooperation of the Government of the Democratic People's Republic of Korea with the Government of Iran with respect to such program. ``(3) Classified annex.--Each report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. ``(b) Blocking of Property.--Not later than 15 days after submitting a report required by subsection (a)(1), the President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any person specified in such report that engages in activities described in 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. ``(c) Exclusion From United States.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien subject to blocking of property and interests in property under subsection (b). ``(2) Compliance with united nations headquarters agreement.--Paragraph (1) shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary 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. ``(d) Facilitation of Certain Transactions.--The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180 days after the date of the enactment of the Maximum Pressure Act, conducts or facilitates a significant financial transaction for a person subject to blocking of property and interests in property under subsection (b). ``SEC. 233. BLOCKING OF PROPERTY OF PERSONS AFFILIATED WITH CERTAIN IRANIAN ENTITIES. ``(a) Blocking of Property.-- ``(1) In general.--The President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any person described in paragraph (2) 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) Persons described.--A person described in this paragraph is-- ``(A) an entity that is owned or controlled-- ``(i) by the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group; or ``(ii) collectively by a group of individuals that hold an interest in the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group, even if none of those individuals hold a 25 percent or greater interest in the entity; or ``(B) a person that owns or controls an entity described in subparagraph (A). ``(b) Facilitation of Certain Transactions.--The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180 days after the date of the enactment of the Maximum Pressure Act, conducts or facilitates a significant financial transaction for a person subject to blocking of property and interests in property under subsection (a). ``(c) Iran Missile Proliferation Watch List.-- ``(1) In general.--Not later than 90 days after the date of the enactment of the Maximum Pressure Act, and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees and publish in the Federal Register a list of-- ``(A) each entity in which the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group has an ownership interest of more than 0 percent and less than 25 percent; ``(B) each entity in which the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group does not have an ownership interest but maintains a presence on the board of directors of the entity or otherwise influences the actions, policies, or personnel decisions of the entity; and ``(C) each person that owns or controls an entity described in subparagraph (A) or (B). ``(2) Reference.--The list required by paragraph (1) may be referred to as the `Iran Missile Proliferation Watch List'. ``(d) Comptroller General Report.-- ``(1) In general.--The Comptroller General of the United States shall-- ``(A) conduct a review of each list required by subsection (c)(1); and ``(B) not later than 180 days after each such list is submitted to the appropriate congressional committees under that subsection, submit to the appropriate congressional committees a report on the review conducted under subparagraph (A) that includes a list of persons not included in that list that qualify for inclusion in that list, as determined by the Comptroller General. ``(2) Consultations.--In preparing the report required by paragraph (1)(B), the Comptroller General shall consult with nongovernmental organizations. ``SEC. 234. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN PERSONS INVOLVED IN BALLISTIC MISSILE ACTIVITIES. ``(a) Certification.--Not later than 120 days after the date of the enactment of the Maximum Pressure Act, and not less frequently than once every 180 days thereafter, the President shall submit to the appropriate congressional committees a certification that each person listed in an annex of United Nations Security Council Resolution 1737 (2006), 1747 (2007), or 1929 (2010) is not directly or indirectly facilitating, supporting, or involved with the development of or transfer to Iran of ballistic missiles or technology, parts, components, or technology information relating to ballistic missiles. ``(b) Blocking of Property.--If the President is unable to make a certification under subsection (a) with respect to a person and the person is not currently subject to sanctions with respect to Iran under any other provision of law, the President shall, not later than 15 days after that certification would have been required under that subsection-- ``(1) in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of that person 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; and ``(2) publish in the Federal Register a report describing the reason why the President was unable to make a certification with respect to that person. ``(c) Exclusion From United States.-- ``(1) In general.--Except as provided in paragraph (2), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien subject to blocking of property and interests in property under subsection (b). ``(2) Compliance with united nations headquarters agreement.--Paragraph (1) shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary 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. ``(d) Facilitation of Certain Transactions.--The President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180 days after the date of the enactment of the Maximum Pressure Act, conducts or facilitates a significant financial transaction for a person subject to blocking of property and interests in property under subsection (b). ``SEC. 235. IMPOSITION OF SANCTIONS WITH RESPECT TO CERTAIN SECTORS OF IRAN THAT SUPPORT THE BALLISTIC MISSILE PROGRAM OF IRAN. ``(a) List of Sectors.-- ``(1) In general.--Not later than 120 days after the date of the enactment of the Maximum Pressure Act, and not less frequently than once every 180 days thereafter, the President shall submit to the appropriate congressional committees and publish in the Federal Register a list of the sectors of the economy of Iran that are directly or indirectly facilitating, supporting, or involved with the development of or transfer to Iran of ballistic missiles or technology, parts, components, or technology information relating to ballistic missiles. ``(2) Certain sectors.-- ``(A) In general.--Not later than 120 days after the date of enactment of the Maximum Pressure Act, the President shall submit to the appropriate congressional committees a determination as to whether each of the chemical, computer science, construction, electronic, metallurgy, mining, research (including universities and research institutions), and telecommunications sectors of Iran meet the criteria specified in paragraph (1). ``(B) Inclusion in initial list.--If the President determines under subparagraph (A) that the sectors of the economy of Iran specified in such subparagraph meet the criteria specified in paragraph (1), that sector shall be included in the initial list submitted and published under that paragraph. ``(b) Sanctions With Respect to Specified Sectors of Iran.-- ``(1) Blocking of property.--The President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of any person described in paragraph (4) 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 united states.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien that is a person described in paragraph (4). ``(B) Compliance with united nations headquarters agreement.--Subparagraph (A) shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary 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. ``(3) Facilitation of certain transactions.--Except as provided in this section, the President shall prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that the President determines knowingly, on or after the date that is 180 days after the date of the enactment of the Maximum Pressure Act, conducts or facilitates a significant financial transaction for a person described in paragraph (4). ``(4) Persons described.--A person is described in this paragraph if the President determines that the person, on or after the date that is 180 days after the date of the enactment of the Maximum Pressure Act-- ``(A) operates in a sector of the economy of Iran included in the most recent list published by the President under subsection (a); ``(B) knowingly provides significant financial, material, technological, or other support to, or goods or services in support of, any activity or transaction on behalf of or for the benefit of a person described in subparagraph (A); or ``(C) is owned or controlled by a person described in subparagraph (A). ``(c) Humanitarian Exception.--The President may not impose sanctions under this section with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Iran or for the provision of humanitarian assistance to the people of Iran. ``SEC. 236. IDENTIFICATION OF FOREIGN PERSONS THAT SUPPORT THE BALLISTIC MISSILE PROGRAM OF IRAN IN CERTAIN SECTORS OF IRAN. ``(a) In General.--Not later than 120 days after the date of the enactment of the Maximum Pressure Act, and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees and publish in the Federal Register a list of all foreign persons that have, based on credible information, directly or indirectly facilitated, supported, or been involved with the development of ballistic missiles or technology, parts, components, or technology information related to ballistic missiles in the following sectors of the economy of Iran during the period specified in subsection (b): ``(1) Chemical. ``(2) Computer Science. ``(3) Construction. ``(4) Electronic. ``(5) Metallurgy. ``(6) Mining. ``(7) Petrochemical. ``(8) Research (including universities and research institutions). ``(9) Telecommunications. ``(10) Any other sector of the economy of Iran identified under section 235(a). ``(b) Period Specified.--The period specified in this subsection is-- ``(1) with respect to the first list submitted under subsection (a), the period beginning on the date of the enactment of the Maximum Pressure Act and ending on the date that is 120 days after such date of enactment; and ``(2) with respect to each subsequent list submitted under such subsection, the one year period preceding the submission of the list. ``(c) Comptroller General Report.-- ``(1) In general.--With respect to each list submitted under subsection (a), not later than 120 days after the list is submitted under that subsection, the Comptroller General of the United States shall submit to the appropriate congressional committees-- ``(A) an assessment of the processes followed by the President in preparing the list; ``(B) an assessment of the foreign persons included in the list; and ``(C) a list of persons not included in the list that qualify for inclusion in the list, as determined by the Comptroller General. ``(2) Consultations.--In preparing the report required by paragraph (1), the Comptroller General shall consult with nongovernmental organizations. ``(d) Credible Information Defined.--In this section, the term `credible information' 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).''. SEC. 116. MANDATORY SANCTIONS WITH RESPECT TO FINANCIAL INSTITUTIONS THAT ENGAGE IN CERTAIN TRANSACTIONS ON BEHALF OF PERSONS INVOLVED IN HUMAN RIGHTS ABUSES OR THAT EXPORT SENSITIVE TECHNOLOGY TO IRAN. (a) In General.--Section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8513(c)(2)) is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) in subparagraph (E), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(F) facilitates a significant transaction or transactions or provides significant financial services for a person that is subject to sanctions under section 105(c), 105A(c), 105B(c), or 105C(a);''. (b) Effective Date.--The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to any activity described in subparagraph (F) of section 104(c)(2) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, as added by subsection (a)(3), initiated on or after the date that is 90 days after such date of enactment. (c) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). SEC. 117. ADDITIONAL SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT SUPPORT OR CONDUCT CERTAIN TRANSACTIONS WITH IRAN'S REVOLUTIONARY GUARD CORPS OR OTHER SANCTIONED PERSONS. (a) Identification.--Section 302(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(a)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter,'' and inserting ``Not later than 60 days after the date of the enactment of the Maximum Pressure Act, and every 60 days thereafter,''; (2) in subparagraph (B), by inserting ``, provide significant financial services to, or provide material support to'' after ``transactions with''; and (3) in subparagraph (C)-- (A) in the matter preceding clause (i), by inserting ``, provide significant financial services to, or provide material support to'' after ``transactions with''; (B) in clause (i), by striking ``or'' at the end; (C) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by inserting after clause (i) the following: ``(iii) a person designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) or that has provided support for an act of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note)); or ``(iv) a foreign person whose property and access to property has been blocked pursuant to Executive Order 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).''. (b) Imposition of Sanctions.--Section 302(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(b)) is amended by striking ``the President--'' and all that follows and inserting ``the President shall, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), block and prohibit all transactions in property and interests in property with respect to such foreign person 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.''. TITLE II--MATTERS RELATING TO THE FINANCING OF TERRORISM SEC. 201. PROHIBITIONS OF INTERNATIONAL MONETARY FUND ALLOCATIONS FOR IRAN. Section 6(b) of the Special Drawing Rights Act (22 U.S.C. 286q(b)) is amended by adding at the end the following: ``(3) Notwithstanding any other provision of law, no funds shall be appropriated to allocate Special Drawing Rights under Article XVII, sections 2 and 3, of the Articles of Agreement of the Fund to the Islamic Republic of Iran.''. SEC. 202. CERTIFICATION REQUIREMENT FOR REMOVAL OF DESIGNATION OF IRAN AS A JURISDICTION OF PRIMARY MONEY LAUNDERING CONCERN. (a) In General.--The President may not rescind a final rule (as in effect on the day before the date of the enactment of this Act) that provides for the designation of Iran as a jurisdiction of primary money laundering concern pursuant to section 5318A of title 31, United States Code, unless the President submits to the appropriate congressional committees a certification described in subsection (b) with respect to Iran. (b) Certification.--The President may only rescind a preliminary draft rule or final rule described in subsection (a) if the President submits to the appropriate congressional committees the certification required in section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. (c) Form.--The certification described in subsection (b) shall be submitted in unclassified form, but may contain a classified annex. (d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Banking, Housing, and Urban Affairs of the Senate. SEC. 203. REQUIREMENT TO TAKE SPECIAL MEASURES AT DOMESTIC FINANCIAL INSTITUTIONS. (a) In General.--The Secretary of the Treasury shall require domestic financial institutions and domestic financial agencies to take one or more of the special measures described under section 5318A(b) of title 31, United States Code, with respect to a financial institution operating outside of the United States, if the Secretary determines that the financial institution operating outside of the United States knowingly conducts a significant transaction in connection with the Instrument in Support of Trade Exchanges, or any successor to such Instrument. (b) Waiver.--During the 2-year period beginning on the date of the enactment of this Act, the President may, for periods not to exceed 180 days, waive the application of subsection (a) of this section with respect to a financial institution if the President certifies to the appropriate congressional committees that such a waiver is in the national security interests of the United States. (c) Definitions.--In this section, the terms ``domestic financial institution'', ``domestic financial agency'', and ``financial institution'' have the meaning given those terms, respectively, under section 5312 of title 31, United States Code. SEC. 204. ADDITIONAL SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ARE OFFICIALS, AGENTS, OR AFFILIATES OF, OR OWNED OR CONTROLLED BY, IRAN'S REVOLUTIONARY GUARD CORPS. (a) In General.--Section 301(a) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``Not later than 90 days after the date of the enactment of this Act, and as appropriate thereafter,'' and inserting ``Not later than 180 days after the date of the enactment of the Maximum Pressure Act, and every 180 days thereafter,''; (2) in paragraph (1)-- (A) by inserting ``, or owned or controlled by,'' after ``affiliates of''; and (B) by striking ``and'' at the end; (3) in paragraph (2), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(3) identify foreign persons with respect to which there is a reasonable basis to determine that the foreign persons have, directly or indirectly, attempted to conduct one or more sensitive transactions or activities described in subsection (c) for or on behalf of a foreign person described in paragraph (1).''. (b) Priority for Investigation; Determination and Report.--Section 301(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741(b)) is amended to read as follows: ``(b) Priority for Investigation; Determination and Report.-- ``(1) Priority for investigation.--In identifying foreign persons pursuant to subsection (a)(1) as officials, agents, or affiliates of Iran's Revolutionary Guard Corps, the President shall investigate-- ``(A) foreign persons or entities identified under section 560.304 of title 31, Code of Federal Regulations (relating to the definition of the Government of Iran); ``(B) foreign persons for which there is a reasonable basis to find that the person has conducted or attempted to conduct one or more sensitive transactions or activities described in subsection (c); and ``(C) foreign persons listed under the headings `Attachment 3' or `Attachment 4' in Annex A of United Nations Security Council Resolution 2231, adopted on July 20, 2015. ``(2) Determination and report.-- ``(A) Determination.-- ``(i) In general.--The President shall determine whether each foreign person on the list described in clause (ii) is a foreign person that is owned or controlled by Iran's Revolutionary Guard Corps. ``(ii) List.--The list of foreign persons described in this clause are the following: ``(I) The Telecommunication Company of Iran. ``(II) The Mobile Telecommunication Company of Iran (MTCI). ``(III) The Calcimin Public Company. ``(IV) The Iran Tractor Manufacturing Company of Iran. ``(V) The Iran Zinc Mines Development Company. ``(VI) The National Iranian Lead and Zinc Company. ``(VII) Ghadir Investment. ``(VIII) The Parsian Oil & Gas Development Company. ``(IX) The Pardis Petrochemical Company. ``(X) The Shiraz Petrochemical Company. ``(XI) The Tabirz Oil Refinery. ``(XII) Kermanshah Petrochemical Industries. ``(B) Report.-- ``(i) In general.--Not later than 90 days after the date of the enactment of this subsection, and not later 1 year thereafter, the President shall submit to the appropriate congressional committees a report on the determinations made under subparagraph (A) together with the reasons for those determinations. ``(ii) Form.--A report submitted under clause (i) shall be submitted in unclassified form but may contain a classified annex.''. (c) Sensitive Transactions and Activities Described.--Section 301(c) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741(c)) is amended-- (1) in paragraph (1)-- (A) by striking ``$1,000,000'' and inserting ``$500,000''; and (B) by inserting ``Iranian financial institution or'' after ``involving a''; (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (6), (7), and (8), respectively; and (3) by inserting after paragraph (2) the following new paragraphs: ``(3) a transaction to provide material support for an organization designated as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) or support for an act of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note)); ``(4) a transaction to provide material support to a foreign person whose property and access to property has been blocked pursuant to Executive Order 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); ``(5) a transaction to provide material support for the Government of Syria or any agency or instrumentality thereof;''. (d) Regulations, Implementation, Penalties, and Definitions.-- Section 301 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8741) is amended-- (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following new subsections: ``(e) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out subsection (a) 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. ``(f) Definitions.--In this section: ``(1) Foreign person.--The term `foreign person' means-- ``(A) an individual who is not a United States person; ``(B) a corporation, partnership, or other nongovernmental entity which is not a United States person; or ``(C) any representative, agent or instrumentality of, or an individual working on behalf of a foreign government. ``(2) Iran's revolutionary guard corps.--The term `Iran's Revolutionary Guard Corps' includes any senior foreign political figure (as defined in section 1010.605 of title 31, Code of Federal Regulations) of Iran's Revolutionary Guard Corps. ``(3) Own or control.--The term `own or control' means, with respect to an entity-- ``(A) to hold more than 25 percent of the equity interest by vote or value in the entity; ``(B) to hold a majority of seats on the board of directors of the entity; or ``(C) to otherwise control the actions, policies, or personnel decisions of the entity. ``(4) 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.''. (e) Conforming and Clerical Amendments.--The Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.) is amended-- (1) by striking the heading of section 301 and inserting the following: ``SEC. 301. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS WITH RESPECT TO, FOREIGN PERSONS THAT ARE OFFICIALS, AGENTS OR AFFILIATES OF, OR OWNED OR CONTROLLED BY, IRAN'S REVOLUTIONARY GUARD CORPS.''; and (2) in the table of contents, by striking the item relating to section 301 and inserting the following: ``Sec. 301. Identification of, and imposition of sanctions with respect to, foreign persons that are officials, agents or affiliates of, or owned or controlled by, Iran's Revolutionary Guard Corps.''. SEC. 205. ADDITIONAL SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT SUPPORT OR CONDUCT CERTAIN TRANSACTIONS WITH IRAN'S REVOLUTIONARY GUARD CORPS OR OTHER SANCTIONED PERSONS. (a) Identification.--Section 302(a)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(a)(1))-- (1) in subparagraph (B)-- (A) by inserting ``, provide significant financial services to, or provide material support to'' after ``transactions with''; and (B) by striking ``or'' at the end; (2) in subparagraph (C)-- (A) in the matter preceding clause (i), by inserting ``, provide significant financial services to, or provide material support to'' after ``transactions with''; (B) in clause (i), by striking ``or'' at the end; and (C) by striking clause (ii) and inserting the following: ``(ii) a person or entity designated as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) or that has provided support for an act of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note)); or ``(iii) a foreign person whose property and access to property has been blocked pursuant to Executive Order 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); or''; and (3) by adding at the end the following: ``(D) a person acting on behalf of or at the direction of, or owned or controlled (as that term is defined in section 301) by, a person described in subparagraph (A), (B), or (C).''. (b) Imposition of Sanctions.--Section 302(b) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8742(b)) is amended by striking ``the President--'' and all that follows and inserting ``the President shall block and prohibit all transactions in property and interests in property with respect to such foreign person 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.''. SEC. 206. REPORTS ON CERTAIN IRANIAN PERSONS AND SECTORS OF IRAN'S ECONOMY THAT ARE CONTROLLED BY IRAN'S REVOLUTIONARY GUARD CORPS. (a) Statement of Policy.--It shall be the policy of the United States to fully implement and enforce sanctions against Iran's Revolutionary Guard Corps, including its officials, agents, and affiliates. (b) In General.--Subtitle B of title III of the Iran Threat Reduction and Syria Human Rights Act of 2012 (Public Law 112-158; 126 Stat. 1247) is amended by adding at the end the following: ``SEC. 313. REPORT ON CERTAIN IRANIAN PERSONS. ``(a) In General.--Not later than 180 days after the date of the enactment of this section, and annually thereafter for a period not to exceed three years, the President shall submit to the appropriate congressional committees a report that contains the following: ``(1) A list of foreign persons listed on the Tehran Stock Exchange and, with respect to each such foreign person-- ``(A) an identification of the sector of Iran's economy in which the foreign person is located; and ``(B) a determination of whether or not Iran's Revolutionary Guard Corps or any foreign persons that are officials, agents, or affiliates of Iran's Revolutionary Guard Corps, directly or indirectly, owns or controls the foreign person. ``(2) A list of foreign persons that are operating business enterprises in Iran that have a valuation of more than $100,000,000 and, with respect to each such foreign person-- ``(A) an identification of the sector of Iran's economy in which the foreign person is located; and ``(B) a determination of whether or not Iran's Revolutionary Guard Corps or any foreign persons that are officials, agents, or affiliates of Iran's Revolutionary Guard Corps, directly or indirectly owns or controls the foreign person. ``(3) A list of Iranian financial institutions that have a valuation of more than $10,000,000 and, with respect to each such Iranian financial institution-- ``(A) an identification of the sector of Iran's economy in which the institution is located; and ``(B) a determination of whether or not-- ``(i) the institution has knowingly facilitated a significant transaction directly or indirectly for, or on behalf of, Iran's Revolutionary Guard Corps during the 2-year period beginning on the date of the enactment of this section; or ``(ii) Iran's Revolutionary Guard Corps or any foreign persons that are officials, agents, or affiliates of Iran's Revolutionary Guard Corps, directly or indirectly, owns or controls the institution. ``(b) Form of Report; Public Availability.-- ``(1) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. ``(2) Public availability.--The unclassified portion of the report required by paragraph (1) shall be posted on a publicly- available Internet website of the Department of the Treasury and a publicly-available Internet website of the Department of State. ``(c) Definitions.--In this section: ``(1) Foreign person.--The term `foreign person' means-- ``(A) an individual who is not a United States person; ``(B) a corporation, partnership, or other nongovernmental entity which is not a United States person; or ``(C) any representative, agent or instrumentality of, or an individual working on behalf of a foreign government. ``(2) Iran's revolutionary guard corps.--The term `Iran's Revolutionary Guard Corps' includes any senior foreign political figure (as defined in section 1010.605 of title 31, Code of Federal Regulations) of Iran's Revolutionary Guard Corps. ``(3) Iranian financial institution.--The term `Iranian financial institution' means-- ``(A) a financial institution organized under the laws of Iran or any jurisdiction within Iran, including a foreign branch of such an institution; ``(B) a financial institution located in Iran; ``(C) a financial institution, wherever located, owned or controlled by the Government of Iran; or ``(D) a financial institution, wherever located, owned or controlled by a financial institution described in subparagraph (A), (B), or (C). ``(4) Own or control.--The term `own or control' has the meaning given such term in section 301. ``(5) Significant transaction.--A transaction shall be determined to be a `significant transaction' in accordance with section 561.404 of title 31, Code of Federal Regulations. ``(6) 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. 314. REPORT ON SECTORS OF IRAN'S ECONOMY THAT ARE CONTROLLED BY IRAN'S REVOLUTIONARY GUARD CORPS. ``(a) In General.--Not later than 180 days after the date of enactment of this section, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that identifies each sector of Iran's economy described in subsection (b). ``(b) Sectors of Iran's Economy Described.-- ``(1) In general.--The sectors of Iran's economy described in this subsection are each sector in which 20 or more of any of the Iranian financial institutions or foreign persons described in paragraph (2) are located in such sector. ``(2) Iranian financial institutions and foreign persons described.--The Iranian financial institutions and foreign persons described in this subsection are the following: ``(A) Iranian financial institutions listed under section 313(a)(1)(B)(ii). ``(B) Foreign persons listed under section 313(a)(2)(B). ``(C) Foreign persons listed under section 313(a)(3)(B).''. TITLE III--MATTERS RELATING TO THE DESIGNATION OF CERTAIN ENTITIES SEC. 301. PROHIBITION ON FUTURE WAIVERS AND LICENSES CONNECTED TO THE DESIGNATION OF THE IRGC. Beginning on the date of the enactment of this Act, all waivers and licenses in effect as of such date issued by the President pursuant to the designation of the Islamic Revolutionary Guard Corps under Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism) shall remain in effect, and the President may not issue a new waiver or license with respect to any activity connected to the Islamic Revolutionary Guard Corps, until the date on which the President makes the certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. SEC. 302. PROHIBITION ON FUTURE WAIVERS AND LICENSES CONNECTED TO THE DESIGNATION OF THE IRGC AS A FOREIGN TERRORIST ORGANIZATION. The Secretary of State may not remove the designation of the Islamic Revolutionary Guard Corps as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) unless the President makes the certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. The waiver issued by the Secretary of State pursuant to the Notice of Determination published on April 24, 2019 (84 Fed. Reg. 17227; relating to material support for certain foreign governmental sub-entities), shall remain in effect, and the President may not issue a new waiver or license with respect to any activity connected to the designation of the Islamic Revolutionary Guard Corps, until the date on which the President makes the certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) as amended by this Act. SEC. 303. MEASURES WITH RESPECT TO ANSARALLAH IN YEMEN. (a) Sense of Congress.--It is the sense of the Congress that the designation of the Ansarallah in Yemen (otherwise known as the ``Houthis'') as a foreign terrorist organization by former Secretary of State Mike Pompeo, which took effect on January 19, 2021, was an essential step to hold Iran's proxies accountable. (b) Findings.--Congress finds the following: (1) The Houthis are armed, trained, and advised by the Islamic Revolutionary Guard Corps, an entity designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (2) According to former Secretary of State Mike Pompeo, the Houthis are responsible for a number of terrorist acts, ``including cross-border attacks threatening civilian populations, infrastructure, and commercial shipping.''. (c) Designation Required.--Not later than 10 days after the date of the enactment of this Act, the Secretary of State shall designate Ansarallah, otherwise known as ``Houthis'', as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (d) Listing Required.--Not later than 10 days after the date of the enactment of this Act, the Secretary of the Treasury shall place Ansarallah, otherwise known as ``Houthis,'' on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Asset Control of the Department of the Treasury. (e) Revival of Former Waivers.--Beginning on the date that is 10 days after the date of the enactment of this Act, all licenses and waivers issued in relation to the designation of Ansarallah as a Foreign Terrorist Organization or its placement on the list of Specially Designated Nationals and Blocked Persons that were in effect as of January 20, 2021, shall return to force and remain in effect as long as Ansarallah is designated as a foreign terrorist organization and remains on the list of Specially Designated Nationals and Blocked Persons. (f) Limitation on Future Waiver Authority.--Except as provided in subsection (e), no waiver or license with respect to the designation of Ansarallah under this section may be issued. TITLE IV--DETERMINATIONS AND REPORTS SEC. 401. DETERMINATIONS WITH RESPECT TO THE IMPOSITION OF SANCTIONS. (a) Determination.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a determination, including a detailed justification, on whether Kata'ib Sayyid al-Shuhada, Kata'ib al-Imam Ali, Saraya Khorasani, and the Badr Corps, and any foreign person that is an official, agent, affiliate of, or owned or controlled by Kata'ib Sayyid al-Shuhada, Kata'ib al-Imam Ali, Saraya Khorasani, or the Badr Corps, meets the criteria for-- (1) designation as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (2) the application of sanctions pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); or (3) the application of sanctions pursuant to the Caesar Syria Civilian Protection Act of 2019 (22 U.S.C. 8791 note). (b) Form.--The determination in subsection (a) shall be submitted in unclassified form but may contain a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. SEC. 402. IRANIAN MILITIA WATCHLISTS. (a) In General.--The Secretary of State shall annually maintain and publish a list of armed groups, militias, or proxy forces in Iraq receiving logistical, military, or financial assistance from Islamic Revolutionary Guard Corps or over which the Islamic Revolutionary Guard Corps exerts any form of control or influence. (b) Publication.--The list required under subsection (a) shall be published concurrently with the Annual Country Reports on Terrorism required to be submitted pursuant to section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), beginning with the first such Country Reports published after the date of the enactment of this Act. (c) Form.--The Secretary may, not later than 30 days after publication of the Annual Country Reports on Terrorism in accordance with subsection (b), submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a classified annex with respect to the list required under subsection (a). SEC. 403. EXPANSION OF REPORTING TO INCLUDE IRANIAN ARMS SHIPMENTS TO THE HOUTHIS AND IRANIAN BACKED MILITIAS IN IRAQ AND SYRIA. (a) Sense of Congress.--It is the sense of the Congress that Iran's influence and activities in Yemen are a threat to the national security of the United States and its regional partners, including Israel and Saudi Arabia, and that the United States must stand with Israel and Gulf allies against Houthi aggression in Yemen. (b) Reporting Requirements.--Section 103(b)(6)(A) of the Countering America's Adversaries Through Sanctions Act (22 U.S.C. 9402(b)(6)(A)) is amended by inserting ``Ansarallah, also known as the Houthis, Iranian backed militias in Iraq and Syria, or,'' after ``bound for''. SEC. 404. ANNUAL REPORT ON IRAN SANCTIONS VIOLATIONS. (a) Reporting Requirement.--Not later than 30 days after the enactment of this Act, and annually thereafter, the Secretary of the State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that includes a list of each person not currently subject to United States sanctions that the Secretary determines is in violation of-- (1) this Act or the amendments made by this Act; (2) the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note); (3) the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8501 et seq.); (4) section 1245 of the National Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 8513a); (5) the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8701 et seq.); (6) the Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C. 8801 et seq.); (7) the International Emergency Economic Powers Act (50 U.S.C. 1701 note); or (8) any other statute or Executive order that requires or authorizes the imposition of sanctions with respect to Iran. (b) Form.--Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. SEC. 405. REPORT ON SANCTIONS RELIEF GOING TO TERRORISM OR DESTABILIZING ACTIVITIES. (a) Reporting Requirement.--Not later than 180 days after the enactment of this Act, and annually thereafter, the Secretary of the State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report describing-- (1) the status of United States sanctions on Iran; (2) the reimposition and renewed enforcement of secondary sanctions on Iran; (3) the impact such sanctions have had on Iran's support for terrorism including Hamas, Hezbollah, Palestinian Islamic Jihad, and other foreign terrorist organizations; (4) the impact such sanctions have had on Iran's military budget, including the budget of the Islamic Revolutionary Guard Corps; (5) the impact such sanctions have had on the budget and resources available to the Basij, and how such sanctions have affected the ability of the Basij to commit gross human rights abuses against the people of Iran; (6) the impact such sanctions have had on Iran's support to the al-Assad regime in Syria and to Iranian backed militias operating in Syria; (7) the impact that such sanctions have had on Iran's support for Ansarallah, also known as the Houthis, in Yemen; and (8) the impact that lifting such sanctions would have on Iran's ability to commit human rights abuses against the people of Iraq, Syria, Lebanon, and Yemen, including a detailed description of whether lifting such sanctions would increase the resources available for Iran and its proxy militias to support gross human rights abuses such as torture, extrajudicial killings, or the killing of protesters in Iraq, Syria, Lebanon, and Yemen. (b) Form.-- (1) In general.--The report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary. (2) Public availability of information.--The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. SEC. 406. SUPPORTING HUMAN RIGHTS FOR THE PEOPLE OF IRAN AND THE VICTIMS OF IRANIAN HUMAN RIGHTS ABUSES IN SYRIA, LEBANON, YEMEN, AND VENEZUELA. (a) Statement of Policy.--It shall be the policy of the United States to-- (1) support democracy and human rights in Iran, including the robust exercise by Iranians of the rights to freedom of speech and assembly; (2) where possible, support the free flow of information into Iran to make it easier for Iranian citizens to communicate with one another and with the outside world; (3) hold Iran accountable for severe human rights abuses against its own people and the people of the Middle East and Latin America, including the peoples of Iraq, Syria, Lebanon Yemen, and Venezuela; and (4) condemn any and all attacks against protesters by Iran or its sponsored militias. (b) Determination With Respect to the Imposition of Sanctions.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a determination, including a detailed justification, of whether any person listed in subsection (c) meets the criteria for-- (1) the application of sanctions pursuant to section 105 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514); or (2) the application of sanctions pursuant to Executive Order 13553 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to serious human rights abuses by the Government of Iran). (c) Persons Listed.--The persons listed in this subsection are-- (1) Ayatollah Ali Khamanei, the Supreme Leader of Iran; (2) Asghar Jahangir, the head of Iran's Prisons Organization; (3) Seyyed Alireza Avaie, Iran's Minister of Justice; (4) Mansour Gholami, Iran's Minister of Science; (5) Abbas Salehi, Iran's Minister of Culture; (6) Hassan Hassanzadeh, Commander of Tehran Mohammed Rasoolallah Corps of Iran's Islamic Revolutiongary Guard Corps; (7) Mohammed Reza Yazdi, Commander of the Tehran Mohammad Rasoolallah Corps of the IRGC; (8) Amin Vaziri, Deputy Prosecutor of Tehran and assistant supervisor of political prisoners in Evin prison; (9) Heshmatollah Hayat Al-Ghayb, Tehran's Director-General of Prisons; (10) Allahkaram Azizi, Head of the Rajaie-Shahr prison in Karaj, Iran; (11) Mohammadmehdi Majmohammadi, Head of Iran's prisons and guidance prosecutor's office; (12) Ali Hemmatian, IRGC interrogator; and (13) Masoud Safdari, IRGC interrogator. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. SEC. 407. DETERMINATION WITH RESPECT TO NET WORTH OF IRANIAN SUPREME LEADER AYATOLLAH ALI KHAMANEI. (a) Determination Required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the estimated net worth and known sources of income, including income from corrupt or illicit activities, of Iranian Supreme Leader Ali Khamanei and his family members (including spouse, children, siblings, and paternal and maternal cousins), including assets, investments, other business interests, and relevant beneficial ownership information. Such report shall also shares in and ties to Iranian parastatal institutions or bonyaads, such as the Mostazafan Foundation and the Astan Quds Razavi, as well as the total estimated value of Mostazafan Foundation and the Astan Quds Razavi. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services; and (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs. SEC. 408. IRGC WATCH LIST AND REPORT. (a) In General.--The Secretary of the Treasury shall establish, maintain, and publish in the Federal Register a list (to be known as the ``IRGC Watch List'') of-- (1) each entity in which the IRGC has an ownership interest of less than 25 percent; (2) each entity in which the IRGC does not have an ownership interest if the IRGC maintains a presence on the board of directors of the entity or otherwise influences the actions, policies, or personnel decisions of the entity; and (3) each person that owns or controls an entity described in paragraph (1) or (2). (b) Reports Required.-- (1) Treasury report.-- (A) In general.--Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that includes-- (i) the list required by subsection (a) and, in the case of any report submitted under this subparagraph after the first such report, any changes to the list since the submission of the preceding such report; and (ii) an assessment of the role of the IRGC in, and its penetration into, the economy of Iran. (B) Form of report.--Each report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex if necessary. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. (2) Government accountability office report.-- (A) In general.--The Comptroller General of the United States shall-- (i) conduct a review of the list required by subsection (a); and (ii) not later than 180 days after each report required by paragraph (1) is submitted to Congress, submit to Congress a report on the review conducted under clause (i). (B) Consultations.--In preparing the report required by subparagraph (A)(ii), the Comptroller General shall consult with nongovernmental organizations. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services; and (2) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Banking, Housing, and Urban Affairs of the Senate. SEC. 409. REPORT ON IRAN'S BREAKOUT TIMELINE FOR URANIUM ENRICHMENT AND NUCLEAR WEAPONIZATION. (a) Reporting Requirement.--Not later than 180 days after the enactment of this Act, and annually thereafter, the Secretary of the State, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees a report describing-- (1) an assessment of Iran's estimated breakout timeline for uranium enrichment to achieve the fissile material necessary for a nuclear weapon; and (2) an assessment of Iran's estimated weaponization timeline to obtain a nuclear weapon. (b) Form.--The report required by subsection (a) shall be submitted in classified form. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. SEC. 410. REPORT ON IRANIAN DISINFORMATION CAMPAIGNS AND COUNTER- DISINFORMATION EFFORTS. (a) Reporting Requirement.--Not later than 180 days after the enactment of this Act, and annually thereafter, the Global Engagement Center (GEC) of the Department of State shall submit to the appropriate congressional committees a report describing-- (1) the scope of Iranian disinformation efforts around the world including in the United States; (2) the objectives of Iran's disinformation campaign, the means used by Iran to further such campaigns, and the mechanisms by which Iran spreads disinformation and propaganda; and (3) a detailed strategy regarding how the GEC intends to counter disinformation efforts conducted by Iran. (b) Form.--The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex if necessary. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Financial Services; and (2) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate. <all>

Maximum Pressure Act

To impose additional sanctions with respect to Iran and modify other existing sanctions with respect to Iran, and for other purposes.

Maximum Pressure Act

Rep. Banks, Jim

R

IN

This bill expands sanctions and economic penalties on Iran. It also restricts the President from unilaterally lifting or waiving the sanctions or penalties and increases congressional oversight of them. Specifically, the bill requires the President to impose visa- and asset-blocking sanctions. Additionally, it modifies existing sanctions, including by (1) providing statutory authority for executive orders imposing sanctions; (2) applying sanctions to additional sectors of Iran's economy; and (3) broadening sanctionable conduct to cover, for example, assisting Iran with the acquisition of ballistic missiles and the complicity of Iranian officials in human rights violations in specified countries. The bill also requires reporting on licenses that authorize activities subject to sanctions. The bill prohibits U.S. representatives at the International Monetary Fund from voting to allow Iran's access to special drawing rights (a currency support tool) and places restrictions on financial transactions with Iran. The restrictions include requiring domestic financial institutions to implement special measures with respect to foreign financial institutions that conduct significant transactions connected to the Instrument in Support of Trade Exchanges (a European mechanism that bypasses U.S. sanctions when carrying out trade with Iran). The Department of State must maintain the Islamic Revolutionary Guard Corps' designation as a terrorist organization and must designate Ansharallah (or Houthis), which operates in Syria, as a foreign terrorist organization. The bill also requires reports on U.S. sanctions concerning Iran, the status of Iran's nuclear weapons program, and other matters.

1. Statement of policy. Sanctions with respect to the Supreme Leader of Iran. Sunset of waiver and license authorities. Codification and application on transfers of funds involving Iran. Measures with respect to Ansarallah in Yemen. Determinations with respect to the imposition of sanctions. IRGC watch list and report. Sec. 2. It's having a real effect in Syria.''. (D) Iran must end its proliferation of ballistic missiles and halt further launching or development of nuclear-capable missile systems. (2) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. 104. The President may not issue a new such waiver for such an activity on or after such date of enactment unless the President makes the certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. ``(10) Ended the Islamic Revolutionary Guard Corps' Quds Force's support for terrorists around the world. (a) Submission to Congress of Proposed Action.-- (1) In general.--Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to the appropriate congressional committees and leadership a report that describes the proposed action and the reasons for that action. (ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. All points of order against the motion are waived. (7) The International Emergency Economic Powers Act (50 U.S.C. (a) In General.--Title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. DEFINITIONS. ``(5) Government.--The term `Government', with respect to a foreign country, includes any agencies or instrumentalities of that Government and any entities controlled by that Government. ), block and prohibit all transactions in all property and interests in property of any person described in paragraph (4) 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. ``(6) Mining. ``(8) Research (including universities and research institutions). (c) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). ``(III) The Calcimin Public Company. ''; and (2) in the table of contents, by striking the item relating to section 301 and inserting the following: ``Sec. REPORT ON CERTAIN IRANIAN PERSONS. ``(C) Foreign persons listed under section 313(a)(3)(B).''. 1701 note) as amended by this Act. 8701 et seq. (b) Form.--The report required by subsection (a) shall be submitted in classified form.

1. Statement of policy. Sanctions with respect to the Supreme Leader of Iran. IRGC watch list and report. Sec. 2. It's having a real effect in Syria.''. (D) Iran must end its proliferation of ballistic missiles and halt further launching or development of nuclear-capable missile systems. (2) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. 104. The President may not issue a new such waiver for such an activity on or after such date of enactment unless the President makes the certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. ``(10) Ended the Islamic Revolutionary Guard Corps' Quds Force's support for terrorists around the world. (ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. All points of order against the motion are waived. (a) In General.--Title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. ``(5) Government.--The term `Government', with respect to a foreign country, includes any agencies or instrumentalities of that Government and any entities controlled by that Government. ), block and prohibit all transactions in all property and interests in property of any person described in paragraph (4) 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. ``(6) Mining. ``(8) Research (including universities and research institutions). ''; and (2) in the table of contents, by striking the item relating to section 301 and inserting the following: ``Sec. REPORT ON CERTAIN IRANIAN PERSONS. ``(C) Foreign persons listed under section 313(a)(3)(B).''. 1701 note) as amended by this Act. 8701 et seq. (b) Form.--The report required by subsection (a) shall be submitted in classified form.

1. Statement of policy. Sanctions with respect to the Supreme Leader of Iran. Clarification of guidance relating to Iran's shipping sector. Sunset of waiver and license authorities. Codification and application on transfers of funds involving Iran. Measures with respect to Ansarallah in Yemen. Determinations with respect to the imposition of sanctions. Expansion of reporting to include Iranian arms shipments to the Houthis and Iranian backed militias in Iraq and Syria. IRGC watch list and report. Sec. 2. (16) Former President Donald J. Trump's maximum pressure campaign on Iran denied the regime unprecedented revenue it would have otherwise spent on terrorism. It's having a real effect in Syria.''. (D) Iran must end its proliferation of ballistic missiles and halt further launching or development of nuclear-capable missile systems. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. (2) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. 104. The President may not issue a new such waiver for such an activity on or after such date of enactment unless the President makes the certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. ``(10) Ended the Islamic Revolutionary Guard Corps' Quds Force's support for terrorists around the world. (a) Submission to Congress of Proposed Action.-- (1) In general.--Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to the appropriate congressional committees and leadership a report that describes the proposed action and the reasons for that action. (ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. All points of order against the motion are waived. (7) The International Emergency Economic Powers Act (50 U.S.C. (a) In General.--Title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. DEFINITIONS. ``(5) Government.--The term `Government', with respect to a foreign country, includes any agencies or instrumentalities of that Government and any entities controlled by that Government. ``(2) Persons described.--A person described in this paragraph is-- ``(A) an entity that is owned or controlled-- ``(i) by the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group; or ``(ii) collectively by a group of individuals that hold an interest in the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group, even if none of those individuals hold a 25 percent or greater interest in the entity; or ``(B) a person that owns or controls an entity described in subparagraph (A). ), block and prohibit all transactions in all property and interests in property of any person described in paragraph (4) 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. ``(6) Mining. ``(8) Research (including universities and research institutions). (c) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). ``(III) The Calcimin Public Company. ''; and (2) in the table of contents, by striking the item relating to section 301 and inserting the following: ``Sec. 206. REPORT ON CERTAIN IRANIAN PERSONS. ``(5) Significant transaction.--A transaction shall be determined to be a `significant transaction' in accordance with section 561.404 of title 31, Code of Federal Regulations. ``(C) Foreign persons listed under section 313(a)(3)(B).''. 302. 1701 note) as amended by this Act. 1189). 8701 et seq. (b) Form.--The report required by subsection (a) shall be submitted in classified form.

1. Statement of policy. Sanctions with respect to the Supreme Leader of Iran. Amendments to the comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010. Clarification of guidance relating to Iran's shipping sector. Sunset of waiver and license authorities. Codification and application on transfers of funds involving Iran. Requirement to take special measures at domestic financial institutions. Prohibition on future waivers and licenses connected to the designation of the IRGC. Measures with respect to Ansarallah in Yemen. Determinations with respect to the imposition of sanctions. Expansion of reporting to include Iranian arms shipments to the Houthis and Iranian backed militias in Iraq and Syria. IRGC watch list and report. Sec. Report on Iranian disinformation campaigns and counter- disinformation efforts. 2. (16) Former President Donald J. Trump's maximum pressure campaign on Iran denied the regime unprecedented revenue it would have otherwise spent on terrorism. It's having a real effect in Syria.''. (D) Iran must end its proliferation of ballistic missiles and halt further launching or development of nuclear-capable missile systems. 102. (8) Any person who is a member of the board of directors or a senior executive officer of any person whose property and interests in property are blocked pursuant to this section. 1201(i)), revoke any visa or other entry documentation issued to an alien described in clause (i) regardless of when the visa or other entry documentation is issued. (2) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. 104. 105. The President may not issue a new such waiver for such an activity on or after such date of enactment unless the President makes the certification to Congress pursuant to section 8 of the Iran Sanctions Act of 1996 (50 U.S.C. ``(3) Provided the International Atomic Energy Agency with unqualified access to all sites throughout the entire country. ``(10) Ended the Islamic Revolutionary Guard Corps' Quds Force's support for terrorists around the world. 8514) is amended by inserting ``, or against the people of Iraq, Syria, Lebanon, Yemen, or Venezuela'' before the period at the end. (a) Submission to Congress of Proposed Action.-- (1) In general.--Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to the appropriate congressional committees and leadership a report that describes the proposed action and the reasons for that action. (ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. All points of order against the motion are waived. (7) The International Emergency Economic Powers Act (50 U.S.C. 1701 note) is amended, in the matter preceding paragraph (1), by inserting ``, to acquire ballistic missile or related technology,'' after ``nuclear weapons''. (a) In General.--Title II of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. DEFINITIONS. ``(3) Correspondent account; payable-through account.--The terms `correspondent account' and `payable-through account' have the meanings given those terms in section 5318A of title 31, United States Code. ``(5) Government.--The term `Government', with respect to a foreign country, includes any agencies or instrumentalities of that Government and any entities controlled by that Government. ``(2) Persons described.--A person described in this paragraph is-- ``(A) an entity that is owned or controlled-- ``(i) by the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group; or ``(ii) collectively by a group of individuals that hold an interest in the Aerospace Industries Organization, the Shahid Hemmat Industrial Group, the Shahid Bakeri Industrial Group, or any agent or affiliate of such organization or group, even if none of those individuals hold a 25 percent or greater interest in the entity; or ``(B) a person that owns or controls an entity described in subparagraph (A). ), block and prohibit all transactions in all property and interests in property of any person described in paragraph (4) 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. ``(B) Compliance with united nations headquarters agreement.--Subparagraph (A) shall not apply to the head of state of Iran, or necessary staff of that head of state, if admission to the United States is necessary 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. ``(6) Mining. ``(8) Research (including universities and research institutions). ``(9) Telecommunications. (c) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to carry out the amendments made by subsection (a). 203. ``(III) The Calcimin Public Company. ''; and (2) in the table of contents, by striking the item relating to section 301 and inserting the following: ``Sec. 205. 206. REPORT ON CERTAIN IRANIAN PERSONS. ``(5) Significant transaction.--A transaction shall be determined to be a `significant transaction' in accordance with section 561.404 of title 31, Code of Federal Regulations. ``(C) Foreign persons listed under section 313(a)(3)(B).''. 302. 1701 note) as amended by this Act. 1189). 8701 et seq. (b) Form.--The report required by subsection (a) shall be submitted in classified form. The unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.

H.R.4392

Government Operations and Politics

Flag Standardization Act of 2021 This bill limits the flags that may be flown on federal property. Specifically, the flags that may be flown on such property are (1) the flag of the United States, (2) the flag of a state, (3) the flag of an Indian tribal government, (4) a flag of the U.S. Armed Forces, or (5) the National League of Families POW/MIA flag.

To amend title 4, United States Code, to limit the flags that may be flown on Federal property, 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 ``Flag Standardization Act of 2021''. SEC. 2. FLAGS FLOWN ON FEDERAL PROPERTY. (a) In General.--Chapter 1 of title 4, United States Code, is amended by adding at the end the following: ``Sec. 11. Flags flown on Federal property. ``(a) In General.--Only one or more specified flags may be flown on Federal property. ``(b) Definitions.--In this section: ``(1) Specified flag.-- The term `specified flag' means one of the following: ``(A) The flag of the United States. ``(B) The flag of a State. ``(C) The flag of an Indian Tribal government. ``(D) A flag of the Armed Forces of the United States. ``(E) The National League of Families POW/MIA flag. ``(2) State.--The term `State' means each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(3) Indian tribal government.--The term `Indian Tribal government' means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.). ``(c) Rule of Construction.--For the purposes of this section, the term `federal property' shall not be construed to include military housing.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 4, United States Code, is amended by adding at the end the following new item: ``11. Flags flown on Federal property.''. <all>

Flag Standardization Act of 2021

To amend title 4, United States Code, to limit the flags that may be flown on Federal property, and for other purposes.

Flag Standardization Act of 2021

Rep. Miller-Meeks, Mariannette

R

IA

This bill limits the flags that may be flown on federal property. Specifically, the flags that may be flown on such property are (1) the flag of the United States, (2) the flag of a state, (3) the flag of an Indian tribal government, (4) a flag of the U.S. Armed Forces, or (5) the National League of Families POW/MIA flag.

To amend title 4, United States Code, to limit the flags that may be flown on Federal property, 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 ``Flag Standardization Act of 2021''. SEC. 2. FLAGS FLOWN ON FEDERAL PROPERTY. (a) In General.--Chapter 1 of title 4, United States Code, is amended by adding at the end the following: ``Sec. 11. Flags flown on Federal property. ``(a) In General.--Only one or more specified flags may be flown on Federal property. ``(b) Definitions.--In this section: ``(1) Specified flag.-- The term `specified flag' means one of the following: ``(A) The flag of the United States. ``(B) The flag of a State. ``(C) The flag of an Indian Tribal government. ``(D) A flag of the Armed Forces of the United States. ``(E) The National League of Families POW/MIA flag. ``(2) State.--The term `State' means each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(3) Indian tribal government.--The term `Indian Tribal government' means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.). ``(c) Rule of Construction.--For the purposes of this section, the term `federal property' shall not be construed to include military housing.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 4, United States Code, is amended by adding at the end the following new item: ``11. Flags flown on Federal property.''. <all>

To amend title 4, United States Code, to limit the flags that may be flown on Federal property, 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 ``Flag Standardization Act of 2021''. SEC. 2. FLAGS FLOWN ON FEDERAL PROPERTY. (a) In General.--Chapter 1 of title 4, United States Code, is amended by adding at the end the following: ``Sec. 11. Flags flown on Federal property. ``(a) In General.--Only one or more specified flags may be flown on Federal property. ``(b) Definitions.--In this section: ``(1) Specified flag.-- The term `specified flag' means one of the following: ``(A) The flag of the United States. ``(B) The flag of a State. ``(C) The flag of an Indian Tribal government. ``(D) A flag of the Armed Forces of the United States. ``(E) The National League of Families POW/MIA flag. ``(2) State.--The term `State' means each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(3) Indian tribal government.--The term `Indian Tribal government' means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.). ``(c) Rule of Construction.--For the purposes of this section, the term `federal property' shall not be construed to include military housing.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 4, United States Code, is amended by adding at the end the following new item: ``11. Flags flown on Federal property.''. <all>

To amend title 4, United States Code, to limit the flags that may be flown on Federal property, 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 ``Flag Standardization Act of 2021''. SEC. 2. FLAGS FLOWN ON FEDERAL PROPERTY. (a) In General.--Chapter 1 of title 4, United States Code, is amended by adding at the end the following: ``Sec. 11. Flags flown on Federal property. ``(a) In General.--Only one or more specified flags may be flown on Federal property. ``(b) Definitions.--In this section: ``(1) Specified flag.-- The term `specified flag' means one of the following: ``(A) The flag of the United States. ``(B) The flag of a State. ``(C) The flag of an Indian Tribal government. ``(D) A flag of the Armed Forces of the United States. ``(E) The National League of Families POW/MIA flag. ``(2) State.--The term `State' means each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(3) Indian tribal government.--The term `Indian Tribal government' means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.). ``(c) Rule of Construction.--For the purposes of this section, the term `federal property' shall not be construed to include military housing.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 4, United States Code, is amended by adding at the end the following new item: ``11. Flags flown on Federal property.''. <all>

To amend title 4, United States Code, to limit the flags that may be flown on Federal property, 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 ``Flag Standardization Act of 2021''. SEC. 2. FLAGS FLOWN ON FEDERAL PROPERTY. (a) In General.--Chapter 1 of title 4, United States Code, is amended by adding at the end the following: ``Sec. 11. Flags flown on Federal property. ``(a) In General.--Only one or more specified flags may be flown on Federal property. ``(b) Definitions.--In this section: ``(1) Specified flag.-- The term `specified flag' means one of the following: ``(A) The flag of the United States. ``(B) The flag of a State. ``(C) The flag of an Indian Tribal government. ``(D) A flag of the Armed Forces of the United States. ``(E) The National League of Families POW/MIA flag. ``(2) State.--The term `State' means each State, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(3) Indian tribal government.--The term `Indian Tribal government' means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a et seq.). ``(c) Rule of Construction.--For the purposes of this section, the term `federal property' shall not be construed to include military housing.''. (b) Clerical Amendment.--The analysis for chapter 1 of title 4, United States Code, is amended by adding at the end the following new item: ``11. Flags flown on Federal property.''. <all>

S.614

Transportation and Public Works

Transportation Alternatives Enhancements Act This bill revises and reauthorizes the surface transportation block grant program (Transportation Alternatives Program) in the Department of Transportation. For example, states are allowed to allocate funds under the program to counties, metropolitan planning organizations, regional transportation planning organizations, and local governments. Additionally, metropolitan planning organizations that serve an urbanized area with a population of 200,000 or fewer are eligible for funding. The bill also adjusts the funding limits for states to improve the ability of applicants to access funding in an efficient and expeditious manner, and limits the transferability of funds under the program unless a state meets certain requirements.

To amend title 23, United States Code, to improve the transportation alternatives 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 ``Transportation Alternatives Enhancements Act''. SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM. (a) Set-Aside.--Section 133(h)(1) of title 23, United States Code, is amended-- (1) in the heading, by striking ``Reservation of funds'' and inserting ``In general''; and (2) in the matter preceding subparagraph (A), by striking ``for each fiscal year'' and all that follows through the period at the end of subparagraph (B)(ii) and inserting ``for fiscal year 2022 and each fiscal year thereafter, the Secretary shall set aside an amount equal to 10 percent to carry out this subsection.''. (b) Allocation.--Section 133(h) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Allocation within a state.-- ``(A) In general.--Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))-- ``(i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 66 percent; and ``(ii) paragraph (3) of subsection (d) shall not apply. ``(B) Local control.--A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if-- ``(i) the State submits to the Secretary a plan that describes-- ``(I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; ``(II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; ``(III) how input was gathered from the entities described in subclause (I) to ensure those entities are able and willing to comply with the requirements of this subsection; and ``(IV) how the State will comply with paragraph (8); and ``(ii) the Secretary approves the plan submitted under clause (i).''. (c) Eligible Projects.--Section 133(h)(3) of title 23, United States Code, is amended by striking ``reserved'' and inserting ``set aside''. (d) Access to Funds.--Section 133(h)(4) of title 23, United States Code, is amended-- (1) by striking subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (A); (3) in subparagraph (A) (as so redesignated)-- (A) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; (B) by inserting after clause (vi) the following: ``(vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;''; (C) in clause (viii) (as so redesignated), by striking ``responsible'' and all that follows through ``programs''; and (D) in clause (ix) (as so redesignated), by inserting ``that serves an urbanized area with a population of over 200,000'' after ``metropolitan planning organization''; and (4) by adding at the end the following: ``(B) Competitive process.--A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. ``(C) Selection.--A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. ``(D) Prioritization.--The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high- need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.''. (e) Continuation of Certain Recreational Trails Projects.--Section 133(h)(5)(A) of title 23, United States Code, is amended by striking ``reserved under this section'' and inserting ``set aside under this subsection''. (f) State Flexibility.--Section 133(h)(6) of title 23, United States Code, is amended-- (1) in subparagraph (B), by striking ``reserved'' and inserting ``set aside''; and (2) by adding at the end the following: ``(C) Improving accessibility and efficiency.-- ``(i) In general.--A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by-- ``(I) providing to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and ``(II) by providing funding for 1 or more full-time State employee positions to administer this subsection. ``(ii) Use of funds.--Amounts used under clause (i) may be expended-- ``(I) directly by the State; or ``(II) through contracts with State agencies, private entities, or nonprofit entities.''. (g) Federal Share.--Section 133(h) of title 23, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: ``(7) Federal share.-- ``(A) Required aggregate non-federal share.--The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b). ``(B) Flexible financing.--Subject to subparagraph (A), notwithstanding section 120-- ``(i) funds made available to carry out section 148 may be credited toward the non- Federal share of the costs of a project under this subsection if the project-- ``(I) is an eligible project described in section 148(e)(1); and ``(II) contributes to the annual safety performance targets of the State; ``(ii) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and ``(iii) the Federal share of the cost of an individual project in this section may be up to 100 percent.''. (h) Improved Transparency.--Paragraph (8)(A) of section 133(h) of title 23, United States Code (as redesignated by subsection (g)(1)), is amended-- (1) in the matter preceding clause (i), by striking ``describes'' and inserting ``includes''; and (2) by striking clause (ii) and inserting the following: ``(ii) a list of each project selected for funding for each fiscal year, including, for each project-- ``(I) the fiscal year during which the project was selected; ``(II) the fiscal year in which the project is anticipated to be funded; ``(III) the recipient; ``(IV) the location, including the congressional district; ``(V) the type; and ``(VI) a brief description.''. (i) State Transferability.--Section 126(b)(2) of title 23, United States Code, is amended-- (1) by striking the period at the end and inserting ``; and''; (2) by striking ``for a fiscal year may'' and inserting the following: ``for a fiscal year-- ``(A) may''; and (3) by adding at the end the following: ``(B) may only be transferred if the Secretary certifies that the State-- ``(i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply; ``(ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and ``(iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred.''. (j) Effective Date.--This section and the amendments made by this section shall take effect on October 1, 2021. <all>

Transportation Alternatives Enhancements Act

A bill to amend title 23, United States Code, to improve the transportation alternatives program, and for other purposes.

Transportation Alternatives Enhancements Act

Sen. Cardin, Benjamin L.

D

MD

This bill revises and reauthorizes the surface transportation block grant program (Transportation Alternatives Program) in the Department of Transportation. For example, states are allowed to allocate funds under the program to counties, metropolitan planning organizations, regional transportation planning organizations, and local governments. Additionally, metropolitan planning organizations that serve an urbanized area with a population of 200,000 or fewer are eligible for funding. The bill also adjusts the funding limits for states to improve the ability of applicants to access funding in an efficient and expeditious manner, and limits the transferability of funds under the program unless a state meets certain requirements.

This Act may be cited as the ``Transportation Alternatives Enhancements Act''. SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM. ``(B) Local control.--A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if-- ``(i) the State submits to the Secretary a plan that describes-- ``(I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; ``(II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; ``(III) how input was gathered from the entities described in subclause (I) to ensure those entities are able and willing to comply with the requirements of this subsection; and ``(IV) how the State will comply with paragraph (8); and ``(ii) the Secretary approves the plan submitted under clause (i).''. (c) Eligible Projects.--Section 133(h)(3) of title 23, United States Code, is amended by striking ``reserved'' and inserting ``set aside''. ``(C) Selection.--A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. (f) State Flexibility.--Section 133(h)(6) of title 23, United States Code, is amended-- (1) in subparagraph (B), by striking ``reserved'' and inserting ``set aside''; and (2) by adding at the end the following: ``(C) Improving accessibility and efficiency.-- ``(i) In general.--A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by-- ``(I) providing to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and ``(II) by providing funding for 1 or more full-time State employee positions to administer this subsection. ``(ii) Use of funds.--Amounts used under clause (i) may be expended-- ``(I) directly by the State; or ``(II) through contracts with State agencies, private entities, or nonprofit entities.''. (g) Federal Share.--Section 133(h) of title 23, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: ``(7) Federal share.-- ``(A) Required aggregate non-federal share.--The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b). (j) Effective Date.--This section and the amendments made by this section shall take effect on October 1, 2021.

SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM. (c) Eligible Projects.--Section 133(h)(3) of title 23, United States Code, is amended by striking ``reserved'' and inserting ``set aside''. ``(C) Selection.--A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. (f) State Flexibility.--Section 133(h)(6) of title 23, United States Code, is amended-- (1) in subparagraph (B), by striking ``reserved'' and inserting ``set aside''; and (2) by adding at the end the following: ``(C) Improving accessibility and efficiency.-- ``(i) In general.--A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by-- ``(I) providing to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and ``(II) by providing funding for 1 or more full-time State employee positions to administer this subsection. ``(ii) Use of funds.--Amounts used under clause (i) may be expended-- ``(I) directly by the State; or ``(II) through contracts with State agencies, private entities, or nonprofit entities.''. (g) Federal Share.--Section 133(h) of title 23, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: ``(7) Federal share.-- ``(A) Required aggregate non-federal share.--The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Alternatives Enhancements Act''. SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM. ``(B) Local control.--A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if-- ``(i) the State submits to the Secretary a plan that describes-- ``(I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; ``(II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; ``(III) how input was gathered from the entities described in subclause (I) to ensure those entities are able and willing to comply with the requirements of this subsection; and ``(IV) how the State will comply with paragraph (8); and ``(ii) the Secretary approves the plan submitted under clause (i).''. (c) Eligible Projects.--Section 133(h)(3) of title 23, United States Code, is amended by striking ``reserved'' and inserting ``set aside''. (d) Access to Funds.--Section 133(h)(4) of title 23, United States Code, is amended-- (1) by striking subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (A); (3) in subparagraph (A) (as so redesignated)-- (A) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; (B) by inserting after clause (vi) the following: ``(vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;''; (C) in clause (viii) (as so redesignated), by striking ``responsible'' and all that follows through ``programs''; and (D) in clause (ix) (as so redesignated), by inserting ``that serves an urbanized area with a population of over 200,000'' after ``metropolitan planning organization''; and (4) by adding at the end the following: ``(B) Competitive process.--A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. ``(C) Selection.--A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. ``(D) Prioritization.--The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high- need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.''. (f) State Flexibility.--Section 133(h)(6) of title 23, United States Code, is amended-- (1) in subparagraph (B), by striking ``reserved'' and inserting ``set aside''; and (2) by adding at the end the following: ``(C) Improving accessibility and efficiency.-- ``(i) In general.--A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by-- ``(I) providing to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and ``(II) by providing funding for 1 or more full-time State employee positions to administer this subsection. ``(ii) Use of funds.--Amounts used under clause (i) may be expended-- ``(I) directly by the State; or ``(II) through contracts with State agencies, private entities, or nonprofit entities.''. (g) Federal Share.--Section 133(h) of title 23, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: ``(7) Federal share.-- ``(A) Required aggregate non-federal share.--The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b). (j) Effective Date.--This section and the amendments made by this section shall take effect on October 1, 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 ``Transportation Alternatives Enhancements Act''. SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM. (b) Allocation.--Section 133(h) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Allocation within a state.-- ``(A) In general.--Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))-- ``(i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 66 percent; and ``(ii) paragraph (3) of subsection (d) shall not apply. ``(B) Local control.--A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if-- ``(i) the State submits to the Secretary a plan that describes-- ``(I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; ``(II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; ``(III) how input was gathered from the entities described in subclause (I) to ensure those entities are able and willing to comply with the requirements of this subsection; and ``(IV) how the State will comply with paragraph (8); and ``(ii) the Secretary approves the plan submitted under clause (i).''. (c) Eligible Projects.--Section 133(h)(3) of title 23, United States Code, is amended by striking ``reserved'' and inserting ``set aside''. (d) Access to Funds.--Section 133(h)(4) of title 23, United States Code, is amended-- (1) by striking subparagraph (A); (2) by redesignating subparagraph (B) as subparagraph (A); (3) in subparagraph (A) (as so redesignated)-- (A) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; (B) by inserting after clause (vi) the following: ``(vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer;''; (C) in clause (viii) (as so redesignated), by striking ``responsible'' and all that follows through ``programs''; and (D) in clause (ix) (as so redesignated), by inserting ``that serves an urbanized area with a population of over 200,000'' after ``metropolitan planning organization''; and (4) by adding at the end the following: ``(B) Competitive process.--A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. ``(C) Selection.--A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. ``(D) Prioritization.--The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high- need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas.''. (f) State Flexibility.--Section 133(h)(6) of title 23, United States Code, is amended-- (1) in subparagraph (B), by striking ``reserved'' and inserting ``set aside''; and (2) by adding at the end the following: ``(C) Improving accessibility and efficiency.-- ``(i) In general.--A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by-- ``(I) providing to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and ``(II) by providing funding for 1 or more full-time State employee positions to administer this subsection. ``(ii) Use of funds.--Amounts used under clause (i) may be expended-- ``(I) directly by the State; or ``(II) through contracts with State agencies, private entities, or nonprofit entities.''. (g) Federal Share.--Section 133(h) of title 23, United States Code, is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting after paragraph (6) the following: ``(7) Federal share.-- ``(A) Required aggregate non-federal share.--The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non-Federal share authorized for the State under section 120(b). (h) Improved Transparency.--Paragraph (8)(A) of section 133(h) of title 23, United States Code (as redesignated by subsection (g)(1)), is amended-- (1) in the matter preceding clause (i), by striking ``describes'' and inserting ``includes''; and (2) by striking clause (ii) and inserting the following: ``(ii) a list of each project selected for funding for each fiscal year, including, for each project-- ``(I) the fiscal year during which the project was selected; ``(II) the fiscal year in which the project is anticipated to be funded; ``(III) the recipient; ``(IV) the location, including the congressional district; ``(V) the type; and ``(VI) a brief description.''. (j) Effective Date.--This section and the amendments made by this section shall take effect on October 1, 2021.